Illinois Administrative Code › Title 32 - ENERGY › Part 400 - NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS; INSPECTIONS › Section 400.140 - Presence of Representatives of Licensees or Registrants and Workers During Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Pursuant to Section
			 400.160
			 and 32 Ill. Adm. Code
			 310.50, each
			 licensee or registrant shall afford the Agency at all reasonable times the
			 opportunity to inspect such materials, machines, activities, facilities,
			 premises and records as the Agency determines are necessary to establish
			 compliance with the requirements of the license and the provisions of 32 Ill.
			 Adm. Code: Chapter II, Subchapters b and d. Reasonable times shall be any time
			 the facility is operational. The inspection may be announced or unannounced.
			 Materials licensees shall be inspected at least as frequently as they would
			 have been inspected by the U.S. Nuclear Regulatory Commission (NRC) if the
			 licensees were regulated by the NRC, but no more frequently than once in a
			 calendar quarter. Radiation machines shall be inspected in accordance with
			 Section 25 of the Act. Inspection of licensees and radiation machines may be
			 conducted more frequently than once per calendar quarter if, in the past three
			 years, there has been a condition at the facility that required emergency
			 response; or if the Agency has received a complaint, the investigation of which
			 results in a more frequent inspection; or if the Agency has documented a
			 violation of the Act or Section
			 400.160
			 or 32 Ill. Adm. Code
			 310.50 at
			 the facility and additional inspections are necessary to establish that the
			 violation has been abated.
b)
			 During an inspection, Agency inspectors may consult privately with workers as
			 specified in Section
			 400.150.
			 The licensee or registrant may accompany Agency inspectors during other phases
			 of an inspection.
c) If, at the
			 time of inspection, an individual has been authorized by the workers to
			 represent them during inspections, the licensee or registrant shall notify the
			 Agency inspectors of that authorization and shall give the workers'
			 representative an opportunity to accompany the inspectors during the inspection
			 of physical working conditions.
d)
			 Each workers' representative shall be routinely engaged in work under control
			 of the licensee or registrant and shall have received instructions as specified
			 in Section
			 400.120.
e) Different representatives of licensees or
			 registrants and workers may accompany the Agency inspectors during different
			 phases of an inspection if there is no resulting interference with the conduct
			 of the inspection. However, only one workers' representative at a time may
			 accompany the inspectors.
f) 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
			 Agency inspectors during the inspection of physical working
			 conditions.
g) Notwithstanding the
			 other provisions of this Section, Agency inspectors are authorized to refuse to
			 permit accompaniment by any individual who deliberately interferes with a fair
			 and orderly inspection. With regard to areas containing information classified
			 by an agency of the U.S. Government in the interest of national security, an
			 individual who accompanies an inspector may have access to the classified
			 information only if authorized to do so. With regard to any area containing
			 proprietary information, i.e., trade secrets and commercial or financial
			 information that is privileged or confidential or when disclosure of the
			 information may cause competitive harm, the workers' representative for that
			 area shall be an individual previously authorized by the licensee or registrant
			 to enter that area.