Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Notices; Instructions and Reports to Employees; Inspections › Section 459.788 - Inspections: Generally; presence of representatives of licensees, registrants and employees

Current through June 11,
				  2024
1. Each licensee or
				  registrant shall permit the Division, at all reasonable times, an opportunity
				  to inspect materials, machines, activities, facilities, premises and records
				  pursuant to NAC
				  459.010 to
				  459.794, inclusive, and sections
				  4 to 28, inclusive,.
2. During an
				  inspection, inspectors of the Division may consult privately with workers, as
				  specified in NAC
				  459.790. The licensee or
				  registrant may accompany the inspectors of the Division during other phases of
				  an inspection.
3. The inspectors of
				  the Division may require a licensee or registrant to energize any machine
				  during the inspection. Except as otherwise provided in this subsection, the
				  machine may be energized by an employee of the licensee or registrant or, if
				  the licensee or registrant consents, by an inspector. An inspector of the
				  Division shall not energize or operate a machine for medical use if a patient
				  is present in the immediate vicinity or in the controlled area as specified in
				  the license or registration.
4. If,
				  at the time of an inspection, a person has been authorized by the workers to
				  represent them during the inspection, the licensee or registrant must notify
				  the inspectors of the authorization and give the workers' representative an
				  opportunity to accompany the inspectors during the inspection of physical
				  working conditions.
5. Each
				  workers' representative must be routinely engaged in work under control of the
				  licensee or registrant and must have received instructions as specified in NAC
				  459.784.
6. Different representatives 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, but only one workers' representative at a time may accompany the
				  inspectors.
7. With the approval of
				  the licensee or registrant and the workers' representative, a person 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, may be afforded the opportunity to accompany inspectors of the
				  Division during the inspection of physical working conditions.
8. Notwithstanding the other provisions of
				  this section, inspectors of the Division may refuse to permit accompaniment by
				  any person who deliberately interferes with a fair and orderly inspection. With
				  regard to any area containing proprietary information, the workers'
				  representative for that area must be a person previously authorized by the
				  licensee or registrant to enter that area.
Bd. of Health, Radiation Control
				  Reg. §§ 10.5-10.5.7, eff. 2-28-80; A by
				  R144-13A,
				  eff. 10/13/2016
NRS
				  459.201