Current through Register Vol. 42, No. 11, August 30, 2024
(1) Purpose and
Scope. This Rule
420-3-26-.10 establishes
requirements for notices, instructions, and reports by licensees or registrants
to individuals participating in registered or licenses activities and options
available to such individuals in connection with Agency inspections of
licensees or registrants to ascertain compliance with the provisions of the Act
and rules, orders, and licenses issued thereunder regarding radiological
working conditions. The sections in this Rule
420-3-26-.10 apply to all persons
who receive, possess, use, own or transfer material licensed by or registered
with the Agency pursuant to the rules in Rules
420-3-26-.02,
420-3-26-.03,
420-3-26-.05, and
420-3-26-.08.
(2) Posting of Notices to Workers.
(a) Each licensee or registrant shall post
current copies of the following documents:
1.
The rules in this Rule
420-3-26-.10 and Rule
420-3-26-.03;
2. The license, Notice of Registration,
conditions or documents incorporated into the license by reference and
amendments thereto;
3. The
operating procedures applicable to work under the license or
registration;
4. Any notice of
violation involving radiological working conditions; or order issued pursuant
to Rules 420-3-26-.02,
420-3-26-.05, or
420-3-26-.08 and any response
from the licensee or registrant.
(b) If posting of a document specified in
paragraph (a)l., 2., or 3. of this section is not practicable, the licensee or
registrant may post a notice which describes the document and states where it
may be examined.
(c) Agency Form X
"Notice to Employees" shall be posted by each licensee or registrant wherever
individuals work in or frequent any portion of a restricted area or is
otherwise required by these rules.
(d) Documents, notices or forms posted
pursuant to this section shall appear in a sufficient number of places to
permit individuals engaged in work under the license or registration to observe
them on the way to or from any particular work location to which the document
applies, shall be conspicuous, and shall be replaced if defaced or
altered.
(e) Agency documents
posted pursuant to paragraph (a)4, of this section shall be posted within 2
working days after receipt of the documents from the Agency; the licensee's or
registrant's response, if any, shall be posted with 2 working days after
dispatch from the licensee or registrant. Such documents shall remain posted
for a minimum or 5 working days or until action correcting the violation has
been completed, whichever is later.
(3) Instructions to Workers. All individuals
working in or frequenting any portion of a restricted area shall be kept
informed of the storage, transfer, or use of radioactive materials or of
radiation in such portions of the unrestricted area; shall be instructed in the
health protection problems associated with exposure to such radioactive
materials or radiation, in precautions or procedures to minimize exposure, and
in the purposes and functions of protective devices employed; shall be
instructed in, and instructed to observe, to the extent within the worker's
control, the applicable provisions of Agency rules and licenses for the
protection of personnel from exposures to radiation or radioactive materials
occurring in such areas; shall be instructed of their responsibility to report
promptly to the licensee or registrant any conditions which may lead to or
cause a violation of Agency rules and the licenses or unnecessary exposure to
radiation or radioactive material; shall be instructed in the appropriate
response to warnings made in the event of an unusual occurrence or malfunction
that may involve exposure to radiation or radioactive material; and shall be
advised as to the radiation exposure reports which workers may request pursuant
to 420-3-26-.10(4).
The extent of these instructions shall be commensurate with potential
radiological health protection problems in the restricted area.
(4) Notification and Reports to Individuals.
(a) Radiation exposure data for an individual
and the results of any measurements, analyses, and calculations of radioactive
material deposited or retained in the body of an individual shall be reported
to the individual as specified in this rule. The information reported shall
include data and results obtained pursuant to Agency rules, orders, or license
conditions, as shown in records maintained by the licensee or registrant
pursuant to Agency rules. Each notification and report shall be in writing,
include appropriate identifying data such as the name of the licensee or
registrant, the name of the individual, the individual's social security
number; include the individual's exposure information; and contain the
following statement:
"This report is furnished to you under Chapter 420-3-26,
Radiation Control, Rule
420-3-26-.10. You should preserve
this report for future reference."
(b) Each licensee or registrant shall advise
such worker annually of the worker's exposure to radiation or radioactive
material as shown in records maintained by the licensee or registrant pursuant
to 420-3-26-.03(46).
(c) Each licensee or registrant shall furnish
a report of the worker's exposure to sources of radiation at the request of a
worker formally engaged in activities controlled by the licensee or registrant.
The report shall include the dose record for each year the worker was required
to be monitored pursuant to Rule
420-3-26-.03(18)
of these rules. Such report shall be
furnished within 30 days from the date of the request, or within 30 days after
the dose of the individual has been determined by the licensee or registrant,
whichever is later. The report shall cover the period of time that the worker's
activities involved exposure to sources of radiation and shall include the
dates and locations of work under the license or registration in which the
worker participated during this period.
(d) When a licensee or registrant is required
pursuant to
420-3-26-.03(53)
to report to the Agency any exposure of an
individual to radiation or radioactive material, the licensee or the registrant
shall also provide the individual a report on his exposure data included
therein. Such reports shall be transmitted at a time not later than the
transmittal to the Agency.
(e) At
the request of a worker who is terminating employment during the current year
with the licensee or registrant in work involving radiation dose, or of a
worker who, while employed by another person, is terminating assignment to work
involving radiation dose in the licensee's facility in that calendar year, each
licensee or registrant shall provide to each such worker, or to the worker's
designee, at termination, a written report regarding the radiation dose
received by that worker from operations of the licensee or registrant during
the current year or fraction thereof. If the most recent individual monitoring
results are not available at the time, a written estimate of the dose shall be
provided together with a clear indication that this is an estimate.
(5) Presence of Representatives of
Licensees or Registrants and Workers During Inspections.
(a) Each licensee or registrant shall afford
to the Agency at all reasonable times an opportunity to inspect materials,
machines, activities, facilities, premises, and records pursuant to these
rules.
(b) During an inspection,
Agency inspectors may consult privately with workers as specified in 420-3-26
-.10(6). The licensee or registrant may accompany Agency inspectors during
other phases of an inspection.
(c)
If, at any time of inspection, an individual has been authorized by the workers
to represent them during Agency inspections, the licensee or registrant shall
notify the inspectors of such authorization and shall give the worker's
representative an opportunity to accompany the inspectors during the inspection
of physical working conditions.
(d)
Each worker's representative shall be routinely engaged in work under control
of the licensee or registrant and shall have received instructions as specified
in 420-3-26-.10(3).
(e) Different representatives 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 inspector.
(f) With approval of
the licensee or registrant and the worker's 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 worker's
representative, shall be afforded the opportunity to accompany Agency
inspectors during the inspection of physical working conditions.
(g) Notwithstanding the other provisions of
this rule, Agency 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
worker's representative for that area shall be an individual previously
authorized by the licensee or registrant to enter that area.
(6) Consultation with Workers
During Inspections.
(a) Agency inspectors may
consult privately with workers concerning matters of occupational radiation
protection and other matters related to applicable provisions of Agency rules
and licenses to the extent the inspectors deem necessary for the conduct of an
effective and through inspection.
(b) 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 rules, or license
or registration condition, or any unnecessary exposure of an individual to
radiation from licensed radioactive material or a registered radiation machine
under the licensee's or registrant's control. Any such notice in writing shall
comply with the requirements of
420-3-26-.10(7)(a).
(c) The provisions of paragraph (b) of this
section shall not be interpreted as authorization to disregard instructions
pursuant to
420-3-26-.10(3).
(7) Requests by Workers for
Inspections.
(a) Any worker or representative
of workers who believes that a violation of the Act, these rules, or license
conditions exists or 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.
Any such notice shall be in writing, shall set forth the specific grounds for
the notice, and shall be signed by the worker or representative of the workers.
A copy 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 such notice, his name and the name of individuals referred to therein
shall not appear in such copy or on any record published, released, or made
available by the Agency, except for good cause shown.
(b) If, upon receipt of such notice, the
State Health Officer or the Director of the Division of Radiation Control
determines that the complaint meets the requirements set forth in paragraph (a)
of this section, and that there are reasonable grounds to believe that the
alleged violation exists or has occurred, he shall cause an inspection to be
made as soon as practicable, to determine if such alleged violation exists or
has occurred. Inspections 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 such worker has filed
any complaint or instituted or caused to be instituted any proceeding under
these rules 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 this Rule
420-3-26-.10.
(8) Inspections Not Warranted;
Informal Review.
(a) If the Director of the
Division of Radiation Control determines, with respect to a complaint under
420-3-26-.10(7),
that an inspection is not warranted because there are no reasonable grounds to
believe that a violation exists or has occurred, he 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
State Health Officer 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 licensee or registrant may submit an opposing
written statement of position with the State Health Officer who will provide
the complainant with a copy of such statements by certified mail. Upon the
request of the complainant, the State Health Officer 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 State
Health Officer shall affirm, modify, or reverse the determination of the
Director of the Division of Radiation Control and furnish the complainant and
the licensee or registrant a written notification of his decision and the
reason therefore.
(b) If the
Director of the Division of Radiation Control determines that an inspection is
not warranted because the requirements of
420-3-26-.10(7)(a)
have not been met, he shall notify the
complainant in writing of such determination. Such determination shall be
without prejudice to the filing of a new complaint meeting the requirements of
420-3-26-.10(7)(a).
Author: Kirksey E. Whatley, Director, Division of
Radiation Control, Bureau of Health Care Standards, Alabama Department of
Public Health.
Filed September 1, 1982. Readopted with amendments filed
October 24, 1983. Amended filed January 19,
1990.
Statutory Authority:
Code of Ala.
1975, §§
22-2-2,
22-14-4,
22-14-6,
22-14-7,
22-14-8.
