10 C.F.R. § 19.16

Requests by workers for inspections

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(a) Any worker or representative of workers who believes that a violation of the Act, the regulations in this chapter, or license conditions exists or has occurred in license activities 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 Administrator of the appropriate Commission Regional Office, or to Commission inspectors. 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 workers. A copy shall be provided the licensee by the Regional Office Administrator, or the inspector no later than at the time of inspection except that, upon the request of the worker giving such notice, his name and the name of individuals referred to therein shall not appear in such copy or on any record published, released or made available by the Commission, except for good cause shown.

(b) If, upon receipt of such notice, the Regional Office Administrator determines that the complaint meets the requirements set forth in paragraph (a) of this section, 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.

[38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 47 FR 30454, July 14, 1982; 52 FR 31610, Aug. 21, 1987]

Notes of Decisions

Cited in 3 cases, 1980–1986 · leading case: Ellis Fischel State Cancer Hosp. v. Ray Marshall, Sec'y, United States Dep't of Labor, Clifford W. Richter, Intervenor/respondent, 629 F.2d 563 (8th Cir. 1980).

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Ellis Fischel State Cancer Hosp. v. Ray Marshall, Sec'y, United States Dep't of Labor, Clifford W. Richter, Intervenor/respondent, 629 F.2d 563 (8th Cir. 1980). “Richter complained to the Commission that he had been terminated in retaliation for his report of the iridium incident in violation of Commission regulations, 10 C.F.R. § 19.16 (c) (1978). The complaint was referred to the Secretary of Labor for proceedings under 42 U.”

Carl Rose v. Sec'y of the Dep't of Labor, 800 F.2d 563 (6th Cir. 1986). “15 (allowing consultations with employees during NRC inspections), 10 C.F.R. § 19.16 (allowing employees to request NRC inspections).”

United States Nuclear Regulatory Comm'n v. Radiation Tech., Inc., 519 F. Supp. 1266 (D.N.J. 1981). “10 C.F.R. § 19.16 -.17. The regulations further indicate that “[t]he licensee or licensee’s representative may accompany Commission inspectors during .”

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