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 are staff inspectors, or 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. The Division will accept computer-generated forms if these contain the same questions as Division forms contain.

(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.

Notes

Tenn. Comp. R. & Regs. 0400-20-10-.27

Original rule filed February 22, 2012; effective May 22, 2012.

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.