Communications with Workers.
24 RCNY § 175.11
in effect§ 175.11 Communications with Workers.
(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.
(1) All individuals working in or frequenting any portion of a restricted area must be:
(i) kept informed of the storage, transfer, or use of radiation producing equipment or of radiation in such portions of the restricted area;
(ii) instructed in the operating procedures applicable to work under the registration or certified registration, in the health protection problems associated with exposure to such radiation, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed, and must be required to demonstrate familiarity with such precautions, procedures and devices;
(iii) instructed in, and instructed to observe, to the extent within the worker's control, the applicable provisions of this Article, registrations or certified registrations for the protection of personnel from exposures to radiation occurring in such areas;
(iv) instructed of their responsibility to report promptly to the registrant on any condition which may lead to or cause a violation of this Article or the registration, or unnecessary exposure to radiation;
(v) instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation; and
(vi) advised as to the radiation exposure reports which workers must be given or may request pursuant to this section.
(2) The extent of these instructions shall be commensurate with potential radiological health protection problems in the restricted area.
(3) Instruction must be given before an individual begins work in a restricted area and at least annually thereafter.
(4) Records documenting individual worker instruction must be maintained for inspection by the Department for 5 years.
(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.
(1) Each registrant must make dose information available to workers as shown in records maintained by the registrant under the provisions of 24 RCNY Health Code § 175.24.
(2) The individual engaged or formerly engaged in activities controlled by the registrant may request his or her annual dose report.
(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.
(1) Each registrant must afford the Department at all reasonable times an opportunity to perform an inspection of machines, activities, facilities, premises and records required pursuant to this Article.
(2) During an inspection, Department inspectors may consult privately with workers. The registrant, or that person's representative, may accompany the Department inspectors during other phases of an inspection.
(3) If, at the time of inspection, an individual has been authorized by the workers to represent them during Department inspections, the registrant must notify the inspectors of such authorization and must give the workers' representatives an opportunity to accompany the inspectors during the inspection of physical working conditions.
(4) Each worker's representative must be routinely engaged in work under control of the registrant and must have received instructions as specified in this section.
(5) Different representatives of 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. However, only one workers' representative at a time may accompany the inspectors.
(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.
(1) Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of this Article, certified registrations and registrations to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.
(2) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which the worker has reason to believe may have contributed to or caused any violations of this Article, certified registration condition or registration, or any unnecessary exposure of any individual to radiation from sources of radiation under the registrant's control.
(g) Requests by workers for inspections.
(1) Any worker or representative of workers who believes that a violation of this Article, registration, certified registration or license conditions exists or has occurred in work under a license or certificate of 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 must be in writing, must set forth the specific grounds for the notice, and must be signed by the worker or representative of the workers. A copy must be provided to the licensee or registrant by the Department no later than at the time of inspection. The worker giving such notice may request that his or her name and the name of individuals referred to therein not appear in such copy or any record published, released, or made available by the Department, except for good cause shown.
(2) If, upon receipt of such notice, the Department determines that the complaint meets the requirements set forth in paragraph (1) of this subdivision and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection shall be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections performed pursuant to paragraph (1) of this subdivision need not be limited to matters referred to in the complaint.
(3) No licensee, registrant, or contractor or subcontractor of a 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 this Article 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 Article.
(h) Inspections not warranted; informal review.
(1) If the Department determines, with respect to a complaint under paragraph (1) of subdivision (g) of this section that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Department shall notify the complainant in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the Deputy Commissioner for Environmental Health Services, who will provide the licensee or registrant with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The registrant may submit an opposing written statement of position with the Deputy Commissioner of Environmental Health Services who will provide the complainant with a copy of such statement by certified mail.
(2) Upon the request of the complainant, the Deputy Commissioner for Environmental Health Services may hold an informal conference in which the complainant and the licensee or registrant may orally present their views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the Deputy Commissioner for Environmental Health Services shall affirm, modify, or reverse the determination of the Department's Office of Radiological Health and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefor. (3) If the Department determines that an inspection is not warranted because the requirements of paragraph (1) of subdivision (g) of this section have not been met, the complainant shall be notified in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of such paragraph.
(Added City Record 4/24/2019, eff. 5/24/2019)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-116907Fetched: 10/24/2026