§ 175.11 Communications with Workers.
RCNY § 175.11
(a)Purpose and scope. This section establishes requirements for notices, instructions and reports by registrants to individuals engaged in activities under a registration. This section also sets forth options available to such individuals in connection with Department inspections of registrants conducted to ascertain compliance with the provisions of this Article and all applicable regulations and conditions stated on the registration regarding radiological working conditions. The regulations in this section apply to all persons who receive, possess, produce, use, own or transfer sources of radiation registered with the Department or are otherwise subject to this Article.
(b)Posting of notices to workers.
(1)Each registrant must post current copies of the following documents: (i) 24 RCNY Health Code Article 175, or a notice providing an electronic link or internet address to a copy of 24 RCNY Health Code Article 175; (ii) the registration or certified registration and the conditions or documents incorporated by reference into the certified registration and any amendments thereto; (iii) the operating procedures applicable to the work under the registration or certified registration; (iv) any notice of violation involving radiological working conditions, any proposed imposition of civil penalty or order issued pursuant to this Article and any response from the registrant.
(2)If posting of a document specified in this section is not practicable, the registrant may post a notice which describes the document and states where it may be examined.
(3)A current copy of the "Notice to Employees" prescribed by the Department must be posted by each registrant wherever individuals work in or frequent any portion of a restricted area.
(4)Documents, notices, or forms posted pursuant to this Article must appear conspicuously in a sufficient number of places to permit individuals engaged in work under the certified registration or registration to observe them on the way to or from any particular work location to which the document applies, and must be replaced if defaced or altered.
(5)Department documents posted pursuant to this section must be posted within 2 working days after receipt of the documents from the Department; the registrant's response, if any, must be posted within 2 working days after dispatch from the registrant. Such documents must remain posted for a minimum of 5 working days or until action correcting the violation has been completed, whichever is later.
(c)Instructions to workers.
(d)Each registrant must inform each worker who is monitored pursuant to 24 RCNY Health Code § 175.17 of the worker's exposure to radiation or radioactive material as shown in records maintained by the registrant pursuant to 24 RCNY Health Code § 175.22. The information must be provided at least annually.
(i)The report must include the dose record for each year the worker was required to be monitored pursuant to this Article. Such report must be furnished to the individual within 30 days from the date of the request, or within 30 days after the dose of the individual has been determined by the registrant, whichever is later.
(ii)At the request of a worker who is terminating employment with the registrant in work involving exposure to radiation during the current year, each registrant must provide at termination to each such worker, or to the worker's designee, a written report regarding the radiation dose received by that worker from operations of the registrant during the current year or fraction thereof.
(e)Presence of representatives of registrants and workers during inspections.
(6)With the approval of the registrant and the workers' representative, an individual who is not routinely engaged in work under control of the registrant, for example a consultant to the registrant or to the workers' representative, must be afforded the opportunity to accompany inspectors during the inspection of physical working conditions.
(7)Notwithstanding the other provisions of this subdivision, Department inspectors are authorized to refuse to permit accompaniment by any individual 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 an individual previously authorized by the licensee or registrant to enter that area.
(f)Consultation with workers during inspections.
(g)Requests by workers for inspections.
(h)Inspections not warranted; informal review.
