Section 400.160  Requests by Workers for Inspections

a)         Any worker or representative of workers believing that a violation of the Act, the provisions of this Part or 32 Ill. Adm. Code: Chapter II, Subchapters b and d, or license conditions exists or has occurred, or that an unnecessary exposure to radiation or radioactive material 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 Agency.  The notice shall be in writing, shall set forth the circumstances describing the perceived violation or condition and shall be signed by the worker or representative of the workers. A copy of the notice shall be provided to the licensee or registrant by the Agency no later than at the time of inspection except that, upon the request of the worker giving the notice, the worker's name and the name of individuals referred to in the notice shall not appear in the copy or on any record published, released or made available by the Agency, except for good cause shown, such as when necessary in the course of enforcement actions.

b)         If conditions stated on the face of the complaint indicate there is or has been a violation or the possibility of a violation, the Agency shall conduct an inspection as soon as practicable to determine if thealleged violation exists or has occurred. Inspections made pursuant to this Section need not be limited to matters referred to in the complaint.

c)         No licensee or registrant shall discharge or in any manner discriminate against any worker because the worker has filed any complaint, or has instituted or caused to be instituted any proceedings under this Part, or has testified or is about to testify in any such proceeding, or because of the exercise by the worker on behalf of himself or herself or others of any option afforded by this Part. Furthermore, each licensee and registrant shall instruct its contractors and subcontractors not to discharge or in any manner discriminate against any worker because the worker has filed any complaint, or has instituted or caused to be instituted any proceedings under this Part, or has testified or is about to testify in any such proceeding, or because of the exercise by the worker on behalf of himself or herself or others any option afforded by this Part. Any worker who believes that he or she has been so discharged or discriminated against may file a complaint with the Agency alleging a violation of this subsection.

(Source:  Amended at 33 Ill. Reg. 4333, effective March 9, 2009)