RE: Termination Bioassay Noncompliance -Reply

[Bob Flood <bflood@SLAC.Stanford.EDU>]

At 05:34 PM 11/25/96 -0600, you wrote:
>If the exit termination bioassay isn't taken, document that an 
>attempt was made and the reason why no documented result exists...
>
>It is my opinion that if the attempt is made, and no sample can be 
>obtained, that this is NOT a regulatory noncompliance.

In my experience, Sandy is right. If a reasonable bioassay program is
established, and incoming workers are trainined to report for the exit
bioassay, but don't, then the licensee is the victim, and it's can never be
against the law to be a victim. To cover yourself, always include a
question on the test about this. If a worker claims "they never told me,"
retrieve the test.

For those who suggest holding the last payment, I can tell you emphatically
that once a worker has earned the paycheck, that money belongs to the
worker, not the employer. Witholding money already earned will bring you
nothing but trouble.

As suggested in another post, putting a clause in the contract to penalize
the contractor will have the most effect.


Bob Flood
Stanford Linear Accelerator Center
(415) 926-3793     bflood@slac.stanford.edu
Unless otherwise noted, all opinions are mine alone.