Tenn. Comp. R. & Regs. 0400-20-10-.27 - INSPECTIONS
(1) Each licensee or registrant shall afford
the Division at all reasonable times opportunity to inspect sources of
radiation, premises, facilities and activities subject of these regulations and
records maintained pursuant to these regulations.
(a) Department inspectors may consult
privately with workers concerning matters of occupational radiation protection
and other matters related to applicable provisions of the regulations, license,
and Certified Registration to the extent the inspectors deem necessary for the
conduct of an effective and thorough inspection.
1. During the course of an inspection, any
worker may bring privately to the attention of the inspectors, either orally or
in writing, any past or present condition which he has reason to believe may
have contributed to or caused any violation of the Act, these regulations, or
license or Certified Registration condition, or any unnecessary exposure to
radiation or radioactive material under the licensee's or registrant's control.
Any such notice in writing shall comply with paragraph (2) of this
rule.
2. The licensee or registrant
or licensee's or registrant's representative may accompany Division inspectors
during other phases of an inspection.
3. The provision of part 1 of this
subparagraph shall not be interpreted as authorization to disregard
instructions pursuant to Rule
0400-20-04-.12.
(b) If at the time of inspection,
an individual has been authorized by the workers to represent them during
inspections by the Division, the licensee or registrant shall notify the
inspectors of such authorization and shall give the workers' representative an
opportunity to accompany the inspectors during the inspection of physical
working conditions.
1. Different
representative of licensees or registrants and workers may accompany the
inspectors during different phases of an inspection if there is no resulting
interference with the conduct of the inspection. However, only one worker's
representative at a time may accompany the inspectors.
2. Any worker's representative shall be an
employee of the licensee or registrant and should be a worker as defined in
Rule 0400-20-04-.04 and shall have
received instructions as specified in Rule
0400-20-04-.12.
3. In addition to the licensee's or
registrant's representative and with the approval of the licensee or registrant
and the workers' representative, an individual who is not routinely engaged in
work under control of the licensee or registrant, for example, a consultant to
the licensee or registrant or to the workers' representative, shall be afforded
the opportunity to accompany Division inspectors during the inspection of
physical working conditions.
4. The
workers' representative for any area containing proprietary information shall
be an individual previously authorized by the licensee or registrant to enter
that area.
5. Notwithstanding the
other provisions of this rule, Division inspectors are authorized to refuse to
permit accompaniment by any individual who deliberately interferes with a fair
and orderly inspection.
(2) Requests by Workers for Inspection.
(a) Any worker or representative of workers
who believes that a violation of T.C.A. §§
68-202-201 et seq., these rules,
conditions of a Certified Registration, or license conditions exists or has
occurred in activities subject to these regulations with regard to radiological
working conditions in which the worker is engaged, may request an inspection by
registering a complaint of the alleged violation with the Commissioner,
Tennessee Department of Environment and Conservation; Director, Division of
Radiological Health; or Division inspectors.
1. Any such complaint shall be in writing,
shall set forth the specific grounds for the complaint and shall be signed by
the worker or representative of workers.
2. A copy of the complaint shall be provided
the licensee or registrant by the Division no later than at the time of
inspection except that, upon request of the worker registering such complaint,
his name and the name of individuals referred to therein shall not appear in
such a copy or on any record published, released or made available by the
Division except for good cause shown.
(b) If, upon receipt of such complaint, the
Division determines that the complaint meets the requirements set forth in
subparagraph (a) of this paragraph and that there are reasonable grounds to
believe that the alleged violation exists or has occurred, an inspection will
be made as soon as practicable, to determine if such alleged violation exists
or has occurred. Inspections pursuant to this paragraph need not be limited to
matters referred to in the request for an inspection.
(c) If it is determined that there are no
reasonable grounds to believe that a violation exists or has occurred, the
complainant shall be notified by the Division in writing.
(d) No licensee or registrant shall discharge
or in any manner discriminate against any worker because such worker has filed
any complaint or instituted or caused to be instituted any proceeding under
these regulations or has testified or is about to testify in any such
proceeding or because of the exercise by such worker on behalf of himself or
others of any option afforded by these regulations.
(3) Inspections of radiation machines are to
be conducted:
(a) According to Class as
follows:
CLASS I - once every 4 years
CLASSES II and V - once every 2 years
CLASSES III, IV, VI and VII - annually
(b) By personnel of the Division of
Radiological Health, Tennessee Department of Environment and Conservation,
or
(c) As provided in paragraph (4)
of this rule, and
(d) According to
the same criteria and to the satisfaction of the Division and provided the
appropriate Division forms are completed and submitted along with any
documentation required by subparagraph (e) of this paragraph, and
(e) By the Division of Radiological Health on
a selected number of those facilities providing an inspection report as
permitted by paragraph (4) of this rule.
(4) The Division will accept, as inspections
for a reduced registration fee as provided for in subparagraph (3)(d) of Rule
0400-20-10-.24, inspections by
individuals other than employees of the Division:
(a) Whose inspections are satisfactory to the
Division;
(b) Who are registered
with the Division;
(c) Who have
paid an annual registration fee to the Division; and
(d) Who meet one set of the following
criteria:
|
Formal Education or Certification |
Plus Experience |
|
1. Bachelor's degree in a physical science or mathematics |
4 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
|
2. Bachelor's degree in a physical science or a biological science with a physical science minor and 1 year of graduate work in health physics |
3 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
|
3. Master's degree in health physics or radiological health |
2 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
|
4. Doctor's degree in health physics or radiological health |
1 year of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
|
5. Certification by the American Board of Health Physics or by the American Board of Radiology or be a Fellow, Canadian College of Physicists in Medicine |
1 year of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
|
6. 2 notarized letters of reference from persons registered to provide inspections for reduction in fees and meeting any of the above sets of criteria certifying to the individual's capabilities to perform the necessary inspections |
5 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
(5) Inspections satisfactory to the Division.
The following constitute a proper inspection and must occur:
(a) The inspection of an x-ray facility
subject to registration under "State Regulations for Protection Against
Radiation" shall identify the compliance status of the facility and each piece
of equipment subject to registration with respect to requirements in Chapters
0400-20-04, 0400-20-05, 0400-20-06, 0400-20-08, 0400-20-09 and this
Chapter.
(b) The qualified
individual performing the inspection shall record the results of the inspection
on evaluation forms provided by the Division, one form for each facility plus
an appropriate form, or forms, for each piece of equipment. The evaluation
forms shall describe the compliance status of the facility and equipment as it
exists at the time of the inspection.
(c) The qualified individual shall provide
signed and dated evaluation and certification of compliance forms to the
registrant promptly.
(d) The
registrant shall submit evaluation and certification of compliance forms to the
Division as set out in subparagraph (3)(d) of Rule
0400-20-10-.24.
(e) A registrant whose inspection reveals an
item of non-compliance shall correct the item promptly following notification
by the qualified individual. The registrant shall provide appropriate
documentation of the correction to the Division as set out in paragraph (3) of
Rule 0400-20-10-.24.
(f) If as a result of inadvertent error or
excusable neglect a tube(s) is not inspected, the Commissioner or the
Commissioner's designee may grant the 18 percent fee for all other tubes
provided they were timely inspected by a qualified individual.
(g) For a tube that is inoperable at the time
of inspection, the qualified individual shall submit a form indicating the tube
was inoperable. The tube shall be inspected within 60 days of its becoming
functional.
(6) If a
registrant who has previously employed inspection services of registered
individuals, other than employees of the Division, as authorized by paragraph
(4) of Rule
0400-20-10-.27, chooses to
discontinue those services, then the registrant shall notify the Division 90
days prior to the end of the respective inspection cycle. Should the registrant
fail to notify the Division within this time frame, a penalty consistent with
T.C.A. § 68-202-212(b) may be assessed.
Notes
Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Each licensee or registrant shall afford the Division at all reasonable times opportunity to inspect sources of radiation, premises, facilities and activities subject of these regulations and records maintained pursuant to these regulations.
(a) Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of the regulations, license, and Certified Registration to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.
1. During the course of an inspection, any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may have contributed to or caused any violation of the Act, these regulations, or license or Certified Registration condition, or any unnecessary exposure to radiation or radioactive material under the licensee's or registrant's control. Any such notice in writing shall comply with paragraph (2) of this rule.
2. The licensee or registrant or licensee's or registrant's representative may accompany Division inspectors during other phases of an inspection.
3. The provision of part 1 of this subparagraph shall not be interpreted as authorization to disregard instructions pursuant to Rule 0400-20-04-.12.
(b) If at the time of inspection, an individual has been authorized by the workers to represent them during inspections by the Division, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
1. Different representative of licensees or registrants and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one worker's representative at a time may accompany the inspectors.
2. Any worker's representative shall be an employee of the licensee or registrant and should be a worker as defined in Rule 0400-20-04-.04 and shall have received instructions as specified in Rule 0400-20-04-.12.
3. In addition to the licensee's or registrant's representative and with the approval of the licensee or registrant and the workers' representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the workers' representative, shall be afforded the opportunity to accompany Division inspectors during the inspection of physical working conditions.
4. The workers' representative for any area containing proprietary information shall be an individual previously authorized by the licensee or registrant to enter that area.
5. Notwithstanding the other provisions of this rule, Division inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection.
(2) Requests by Workers for Inspection.
(a) Any worker or representative of workers who believes that a violation of T.C.A. §§ 68-202-201 et seq., these rules, conditions of a Certified Registration, or license conditions exists or has occurred in activities subject to these regulations with regard to radiological working conditions in which the worker is engaged, may request an inspection by registering a complaint of the alleged violation with the Commissioner, Tennessee Department of Environment and Conservation; Director, Division of Radiological Health; or Division inspectors.
1. Any such complaint shall be in writing, shall set forth the specific grounds for the complaint and shall be signed by the worker or representative of workers.
2. A copy of the complaint shall be provided the licensee or registrant by the Division no later than at the time of inspection except that, upon request of the worker registering such complaint, his name and the name of individuals referred to therein shall not appear in such a copy or on any record published, released or made available by the Division except for good cause shown.
(b) If, upon receipt of such complaint, the Division determines that the complaint meets the requirements set forth in subparagraph (a) of this paragraph and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection will be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections pursuant to this paragraph need not be limited to matters referred to in the request for an inspection.
(c) If it is determined that there are no reasonable grounds to believe that a violation exists or has occurred, the complainant shall be notified by the Division in writing.
(d) No licensee or registrant shall discharge or in any manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under these regulations or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of himself or others of any option afforded by these regulations.
(3) Inspections of radiation machines are to be conducted:
(a) According to Class as follows:
CLASS I - once every 4 years
CLASSES II and V - once every 2 years
CLASSES III, IV, VI and VII - annually
(b) By personnel of the Division of Radiological Health, Tennessee Department of Environment and Conservation, or
(c) As provided in paragraph (4) of this rule, and
(d) According to the same criteria and to the satisfaction of the Division and provided the appropriate Division forms are completed and submitted along with any documentation required by subparagraph (e) of this paragraph, and
(e) By the Division of Radiological Health on a selected number of those facilities providing an inspection report as permitted by paragraph (4) of this rule.
(4) The Division will accept, as inspections for a reduced registration fee as provided for in subparagraph (3)(d) of Rule 0400-20-10-.24, inspections by individuals other than employees of the Division:
(a) Whose inspections are satisfactory to the Division;
(b) Who are registered with the Division;
(c) Who have paid an annual registration fee to the Division; and
(d) Who meet one set of the following criteria:
| Formal Education or Certification | Plus Experience |
| 1. Bachelor's degree in a physical science or mathematics | 4 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
| 2. Bachelor's degree in a physical science or a biological science with a physical science minor and 1 year of graduate work in health physics | 3 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
| 3. Master's degree in health physics or radiological health | 2 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
| 4. Doctor's degree in health physics or radiological health | 1 year of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
| 5. Certification by the American Board of Health Physics or by the American Board of Radiology or be a Fellow, Canadian College of Physicists in Medicine | 1 year of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
| 6. 2 notarized letters of reference from persons registered to provide inspections for reduction in fees and meeting any of the above sets of criteria certifying to the individual's capabilities to perform the necessary inspections | 5 years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed |
(5) Inspections satisfactory to the Division. The following constitute a proper inspection and must occur:
(a) The inspection of an x-ray facility subject to registration under "State Regulations for Protection Against Radiation" shall identify the compliance status of the facility and each piece of equipment subject to registration with respect to requirements in Chapters 0400-20-04, 0400-20-05, 0400-20-06, 0400-20-08, 0400-20-09 and this Chapter.
(b) The qualified individual performing the inspection shall record the results of the inspection on evaluation forms provided by the Division, one form for each facility plus an appropriate form, or forms, for each piece of equipment. The evaluation forms shall describe the compliance status of the facility and equipment as it exists at the time of the inspection.
(c) The qualified individual shall provide signed and dated evaluation and certification of compliance forms to the registrant promptly.
(d) The registrant shall submit evaluation and certification of compliance forms to the Division as set out in subparagraph (3)(d) of Rule 0400-20-10-.24.
(e) A registrant whose inspection reveals an item of non-compliance shall correct the item promptly following notification by the qualified individual. The registrant shall provide appropriate documentation of the correction to the Division as set out in paragraph (3) of Rule 0400-20-10-.24.
(f) If as a result of inadvertent error or excusable neglect a tube(s) is not inspected, the Commissioner or the Commissioner's designee may grant the 18 percent fee for all other tubes provided they were timely inspected by a qualified individual.
(g) For a tube that is inoperable at the time of inspection, the qualified individual shall submit a form indicating the tube was inoperable. The tube shall be inspected within 60 days of its becoming functional.
(6) If a registrant who has previously employed inspection services of registered individuals, other than employees of the Division, as authorized by paragraph (4) of Rule 0400-20-10-.27, chooses to discontinue those services, then the registrant shall notify the Division 90 days prior to the end of the respective inspection cycle. Should the registrant fail to notify the Division within this time frame, a penalty consistent with T.C.A. § 68-202-212(b) may be assessed.
Notes
Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.