DHS 157.89(2)(f)(f) Department inspectors may refuse to permit any individual who deliberately interferes with a fair and orderly inspection to accompany them on the inspection. An individual may accompany an inspector in areas containing information classified by an agency of the U.S. government in the interest of national security only if the individual is authorized to do so by the licensee or registrant. The workers’ representative may enter an area containing proprietary information only if the representative has been previously authorized by the licensee or registrant to enter that area. DHS 157.89(3)(a)(a) Department inspectors may consult privately with workers to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection. DHS 157.89(3)(b)(b) Consultation with a worker under par. (a) may be written or oral and concern any past or present condition that the worker believes contributed to, caused or may cause a violation of ss. 254.31 to 254.45, Stats., this chapter or a condition of the license, or any unnecessary exposure of an individual to sources of radiation under the licensee’s or registrant’s control. Written information received by inspectors under this paragraph shall comply with the requirements of sub. (4). DHS 157.89(4)(a)(a) A worker or workers’ representative who believes that a violation of ss. 254.31 to 254.45, Stats., this chapter or a condition of a license exists or has occurred may request an inspection by the department. The request shall be in writing, set forth the reasons for the request and be signed by the worker or workers’ representative. The department shall provide a copy of the request to the licensee or registrant at the time of inspection granted under sub. (5). Upon request of the worker giving notice, the department shall remove from the licensee’s or registrant’s copy of the request the worker or workers’ representative’s name and the names of other individuals. DHS 157.89(4)(b)(b) No licensee, registrant, contractor or subcontractor of a licensee or registrant may discharge or in any manner discriminate against any worker or workers’ representative because the worker or workers’ representative has filed a complaint under this subsection or instituted or caused to be instituted a proceeding under this chapter or has testified or is about to testify in any proceeding under this chapter, or because of the exercise by the worker on behalf of himself or herself or others of any right established under this subchapter. DHS 157.89 NoteNote: Requests may be made in writing to: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.
DHS 157.89(5)(5) Inspection warranted. If after reviewing a request submitted under sub. (4), the department determines it is probable an alleged violation has occurred, the department shall conduct an inspection as soon as is practicable. An inspection under this subsection need not be limited to an allegation set forth in a request under sub. (4). DHS 157.89(6)(a)(a) If after reviewing a request submitted under sub. (4), the department decides not to conduct an inspection, the department shall notify the worker or workers’ representative in writing of that determination. DHS 157.89(6)(b)(b) A worker or workers’ representative may request a review of a decision under par. (a) by submitting a written request for review and statement of position to the department. The department shall send by certified mail to the licensee or registrant a copy of the statement of position received by the department under this paragraph. DHS 157.89(6)(c)(c) The licensee or registrant may submit to the department a written response to a statement of position submitted under par. (b). The department shall send by certified mail to the worker or workers’ representative a copy of the response received by the department under this paragraph. DHS 157.89(6)(d)(d) Upon the request of the worker or workers’ representative or the licensee or registrant, the department may hold an informal conference in which the worker or the workers’ representative and the licensee or registrant may orally present their views on the reason for the initial request for inspection. Disclosure of the identity of the worker or the workers’ representative may be made only following receipt of written authorization from the worker or the workers’ representative. After considering all written and oral views presented, the department shall affirm, modify or reverse the original determination and furnish the worker or the workers’ representative and the licensee or registrant a written notice of the decision and the reason for the decision. DHS 157.89 NoteNote: Requests may be made in writing to: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.
DHS 157.89 HistoryHistory: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02. DHS 157.90DHS 157.90 Violation and penalty criteria. DHS 157.90(1)(a)(a) Each violation of a condition of a license or registration or a requirement of ss. 254.31 to 254.45, Stats., or this chapter shall be classified as specified in pars. (b) to (f) after considering all of the following: DHS 157.90(1)(a)1.1. The actual or potential injury to the environment or to occupational or public health. DHS 157.90(1)(a)2.2. The actual or potential costs of the damage or injury to the environment or to occupational or public health caused by the violation. DHS 157.90(1)(a)3.3. The potential danger to the environment or to occupational or public health. DHS 157.90(1)(b)(b) A violation may be classified at severity level one if any of the following exist: DHS 157.90(1)(b)1.1. Actual damage or injury to occupational or public health or to the environment are caused by the violation.