N.M. Admin. Code § 20.3.10.1006

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.3.10.1006 - REQUESTS BY WORKERS FOR INSPECTION

A. Any worker or representative of workers who believes that a violation of the act, the rules in this chapter, or license conditions exists or has occurred in work under a licensee 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 department. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or a representative of the workers. A copy shall be provided to the licensee or registrant by the department no later than at the time of inspection except that, upon the request of the worker giving such notice, such worker's 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 department, except for good cause shown.

B. If, upon receipt of such notice, the department determines that the complaint meets the requirements set forth in Subsection A of this section, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, the department 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, registrant, contractor or subcontractor of a 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 proceedings under the provisions of this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of such worker or others of any option afforded by this part.

N.M. Admin. Code § 20.3.10.1006

20.3.10.1006 NMAC - Rp, 20 NMAC 3.1.10.1006, 6/30/2011