1. (1) Each licensee or registrant shall afford the Division at all reasonable times opportunity to inspect sources of radiation, premises, facilities and activities subject of these regulations and records maintained pursuant to these regulations.

   1. (a) Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of the regulations, license, and Certified Registration to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.

      1. 1. 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 he has reason to believe may have contributed to or caused any violation of the Act, these regulations, or license or Certified Registration condition, or any unnecessary exposure to radiation or radioactive material under the licensee’s or registrant’s control. Any such notice in writing shall comply with paragraph (2) of this rule.
      2. 2. The licensee or registrant or licensee’s or registrant’s representative may accompany Division inspectors during other phases of an inspection.
      3. 3. The provision of part 1 of this subparagraph shall not be interpreted as authorization to disregard instructions pursuant to Rule 0400-20-04-.12.

   2. (b) If at the time of inspection, an individual has been authorized by the workers to represent them during inspections by the Division, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers’ representative an opportunity to accompany the inspectors during the inspection of physical working conditions.

      1. 1. Different representative of licensees or 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 worker’s representative at a time may accompany the inspectors.
      2. 2. Any worker’s representative shall be an employee of the licensee or registrant and should be a worker as defined in Rule 0400-20-04-.04 and shall have received instructions as specified in Rule 0400-20-04-.12.
      3. 3. In addition to the licensee’s or registrant’s representative and with the approval of the licensee or registrant and the workers’ representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the workers’ representative, shall be afforded the opportunity to accompany Division inspectors during the inspection of physical working conditions.
      4. 4. The workers’ representative for any area containing proprietary information shall be an individual previously authorized by the licensee or registrant to enter that area.
      5. 5. Notwithstanding the other provisions of this rule, Division inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection.

2. (2) Requests by Workers for Inspection.

   1. (a) Any worker or representative of workers who believes that a violation of T.C.A. §§ 68- 202-201 et seq., these rules, conditions of a Certified Registration, or license conditions exists or has occurred in activities subject to these regulations with regard to radiological working conditions in which the worker is engaged, may request an inspection by registering a complaint of the alleged violation with the Commissioner, Tennessee Department of Environment and Conservation; Director, Division of Radiological Health; or Division inspectors.

      1. 1. Any such complaint shall be in writing, shall set forth the specific grounds for the complaint and shall be signed by the worker or representative of workers.
      2. 2. A copy of the complaint shall be provided the licensee or registrant by the Division no later than at the time of inspection except that, upon request of the worker registering such complaint, his name and the name of individuals referred to therein shall not appear in such a copy or on any record published, released or made available by the Division except for good cause shown.
   2. (b) If, upon receipt of such complaint, the Division determines that the complaint meets the requirements set forth in subparagraph (a) of this paragraph and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection will be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections pursuant to this paragraph need not be limited to matters referred to in the request for an inspection.
   3. (c) If it is determined that there are no reasonable grounds to believe that a violation exists or has occurred, the complainant shall be notified by the Division in writing.
   4. (d) No 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 proceeding under these regulations or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of himself or others of any option afforded by these regulations.

3. (3) Inspections of radiation machines are to be conducted:

   1. (a) According to Class as follows: CLASS I - once every 4 years CLASSES II and V - once every 2 years CLASSES III, IV, VI and VII - annually
   2. (b) By personnel of the Division of Radiological Health, Tennessee Department of Environment and Conservation, or
   3. (c) As provided in paragraph (4) of this rule, and
   4. (d) According to the same criteria and to the satisfaction of the Division and provided the appropriate Division forms are completed and submitted along with any documentation required by subparagraph (e) of this paragraph, and
   5. (e) By the Division of Radiological Health on a selected number of those facilities providing an inspection report as permitted by paragraph (4) of this rule.

4. (4) Except for inspections of fusion machines or fusion processes subject to Chapter 0400-20- 14, the Division will accept, as inspections for a reduced registration fee for Classes I through VII, as provided for in subparagraph (3)(d) of Rule 0400-20-10-.24, inspections by an individual other than an employee of the Division, provided:

   1. (a) The individual’s inspections are satisfactory to the Division;
   2. (b) The individual is registered with the Division;
   3. (c) The individual has paid an annual registration fee to the Division; and

   4. (d) The individual meets one set of the following criteria: Formal Education or Certification Plus Experience

      1. 1. Bachelor’s degree in a physical science Four years of applied health physics or mathematics experience in a program with radiation safety problems similar to those in the program to be surveyed
      2. 2. Bachelor’s degree in a physical science Three years of applied health physics or a biological science with a physical experience in a program with science minor and one year of graduate radiation safety problems similar to work in health physics those in the program to be surveyed
      3. 3. Master’s degree in health physics or Two years of applied health physics radiological health experience in a program with radiation safety problems similar to those in the program to be surveyed
      4. 4. Doctor’s degree in health physics or One year of applied health physics radiological health experience in a program with radiation safety problems similar to those in the program to be surveyed
      5. 5. Certification by the American Board of One year of applied health physics Health Physics or by the American experience in a program with Board of Radiology or be a Fellow, radiation safety problems similar to Canadian College of Physicists in those in the program to be surveyed Medicine
      6. 6. Two notarized letters of reference from Five years of applied health physics persons registered to provide experience in a program with inspections for reduction in fees and radiation safety problems similar to meeting any of the above sets of criteria those in the program to be surveyed certifying to the individual’s capabilities to perform the necessary inspections

5. (5) Inspections satisfactory to the Division. The following constitute a proper inspection and must occur:

   1. (a) The inspection of an x-ray facility subject to registration under “State Regulations for Protection Against Radiation” shall identify the compliance status of the facility and each piece of equipment subject to registration with respect to requirements in Chapters 0400-20-04, 0400-20-05, 0400-20-06, 0400-20-08, 0400-20-09 and this Chapter.
   2. (b) The qualified individual performing the inspection shall record the results of the inspection on evaluation forms provided by the Division, one form for each facility plus an appropriate form, or forms, for each piece of equipment. The evaluation forms shall describe the compliance status of the facility and equipment as it exists at the time of the inspection.
   3. (c) The qualified individual shall provide signed and dated evaluation and certification of compliance forms to the registrant promptly.
   4. (d) The registrant shall submit evaluation and certification of compliance forms to the Division as set out in subparagraph (3)(d) of Rule 0400-20-10-.24.
   5. (e) A registrant whose inspection reveals an item of non-compliance shall correct the item promptly following notification by the qualified individual. The registrant shall provide appropriate documentation of the correction to the Division as set out in paragraph (3) of Rule 0400-20-10-.24.
   6. (f) If as a result of inadvertent error or excusable neglect a tube(s) is not inspected, the Commissioner or the Commissioner’s designee may grant the 18 percent fee for all other tubes provided they were timely inspected by a qualified individual.
   7. (g) For a tube that is inoperable at the time of inspection, the qualified individual shall submit a form indicating the tube was inoperable. The tube shall be inspected within 60 days of its becoming functional.
6. (6) If a registrant who has previously employed inspection services of registered individuals, other than employees of the Division, as authorized by paragraph (4) of Rule 0400-20-10-.27, chooses to discontinue those services, then the registrant shall notify the Division 90 days prior to the end of the respective inspection cycle. Should the registrant fail to notify the Division within this time frame, a penalty consistent with T.C.A. § 68-202-212(b) may be assessed.

7. (7) Inspections performed by qualified individuals shall be subject to a random survey inspection by the Division for maintaining quality assurance or enforcement action.

   1. (a) The Division may deny a registered inspector application, or temporarily suspend or permanently revoke an existing approval, if it determines that the qualified individual:

      1. 1. Has falsified an application or inspection data;
      2. 2. Is negligent in the performance of inspections such that the inspection report contains significant errors; or
      3. 3. Has used any inspection procedure found unsatisfactory under paragraph (5) of this rule.

   2. (b) If it is determined that an inspection performed by a qualified individual does not meet the requirements of paragraph (5) of this rule or this paragraph, enforcement action may include:

      1. 1. Heightened oversight for a period up to 12 months;
      2. 2. Additional audits and/or accompaniments by Division staff;
      3. 3. Suspension of the qualified individual’s approval for a period up to 12 months; and
      4. 4. Permanent revocation of the qualified individual’s approval to perform inspections.

   3. (c) The Division may initiate enforcement action as set forth at T.C.A. § 68-202-506 against any registrant the Division determines has participated in the submission of any application of an individual seeking to register as a qualified individual to perform inspections as defined in paragraph (4) of Rule 0400-20-10-.27 or any unsatisfactory inspection report from any qualified individual involving:

      1. 1. Falsified application or inspection data;
      2. 2. Negligence in the performance of an inspection such that the inspection report contains significant errors; or
      3. 3. Use of any inspection procedure found unsatisfactory under paragraph (5) of this rule.

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq. Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024. Amendments filed February 28, 2024; effective May 28, 2024. Amendments filed March 11, 2026; effective June 9, 2026.