Section 410IAC5-10-7. Request for inspection by workers

 

                                (a) Any worker or representative of workers who believes that a violation of IC 13-1-2 [IC 13-1 was repealed by P.L.1-1996, SECTION 99, effective July 1, 1996.], 410 IAC 5 or license conditions exists or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged, may request an inspection by giving notice of the alleged violation to the division of industrial hygiene and radiological health. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of the workers. A copy shall be provided to the licensee or registrant by the division of industrial hygiene and radiological health no later than at the time of inspection.

                                (b) If upon receipt of such notice the director, division of industrial hygiene and radiological health, determines that the complaint meets the requirements set forth in 410 IAC 5-10-7(a), and that there are reasonable grounds to believe that the alleged violation exists or has occurred, he shall cause an inspection to be made as soon as practicable to determine if such alleged violation exists or has occurred. Inspections pursuant to this section need not be limited to matters referred to in the complaint.

                                (c) No licensee or registrant or contractor or subcontractor of the 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 410 IAC 5 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 410 IAC 5-10. (Indiana State Department of Health; Rule HRH-2, PT J, Sec J.16; filed May 26, 1978, 3:30 pm: 1 IR 228; filed Feb 29, 1984, 10:10 am: 7 IR 979; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)