Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 120.000 - The Control of Radiation
PHYSICAL PROTECTION REQUIREMENTS DURING USE
Section 120.064 - General Security Program Requirements
Universal Citation: 105 CMR 120.000 MA Code of Regs 120.064
Current through Register 1531, September 27, 2024
(A) Security Plan.
(1)
Each licensee identified in
105 CMR 120.063(A)
shall develop a written security plan
specific to its facilities and operations. The purpose of the security plan is
to establish the licensee's overall security strategy to ensure the integrated
and effective functioning of the security program required by
105 CMR 120.063
through
120.071. The
security plan must, at a minimum:
(a) Describe
the measures and strategies used to implement the requirements of
105 CMR 120.063
through
120.071;
and
(b) Identify the security
resources, equipment, and technology used to satisfy the requirements of
105 CMR 120.063
through
120.071.
(2) The security plan must be
reviewed and approved by the individual with overall responsibility for the
security program.
(3) A licensee
shall revise its security plan as necessary to ensure the effective
implementation of Agency requirements. The licensee shall ensure that:
(a) The revision has been reviewed and
approved by the individual with overall responsibility for the security
program; and
(b) The affected
individuals are instructed on the revised plan before the changes are
implemented.
(4) The
licensee shall retain a copy of the current security plan as a record for three
years after the security plan is no longer required. If any portion of the plan
is superseded, the licensee shall retain the superseded material for three
years after the record is superseded.
(B) Implementing Procedures.
(1) The licensee
shall develop and maintain written procedures that document how the
requirements of
105 CMR 120.063
through
120.071 and
the security plan will be met.
(2)
The implementing procedures and revisions to these procedures must be approved
in writing by the individual with overall responsibility for the security
program.
(3) The licensee shall
retain a copy of the current procedure as a record for three years after the
procedure is no longer needed. Superseded portions of the procedure must be
retained for three years after the record is superseded.
(C) Training.
(1) Each licensee shall conduct training to
ensure that those individuals implementing the security program possess and
maintain the knowledge, skills, and abilities to carry out their assigned
duties and responsibilities effectively. The training must include instruction
in:
(a) The licensee's security program and
procedures to secure category 1 or category 2 quantities of radioactive
material, and in the purposes and functions of the security measures
employed;
(b) The responsibility to
report promptly to the licensee any condition that causes or may cause a
violation of Agency requirements;
(c) The responsibility of the licensee to
report promptly to the local law enforcement agency and licensee any actual or
attempted theft, sabotage, or diversion of category 1 or category 2 quantities
of radioactive material; and
(d)
The appropriate response to security alarms.
(2) In determining those individuals who
shall be trained on the security program, the licensee shall consider each
individual's assigned activities during authorized use and response to
potential situations involving actual or attempted theft, diversion, or
sabotage of category 1 or category 2 quantities of radioactive material. The
extent of the training must be commensurate with the individual's potential
involvement in the security of category 1 or category 2 quantities of
radioactive material.
(3) Refresher
training must be provided at a frequency not to exceed 12 months and when
significant changes have been made to the security program. This training must
include:
(a) Review of the training
requirements of 105 CMR 120.064(C) and any changes made to the security program
since the last training;
(b)
Reports on any relevant security issues, problems, and lessons
learned;
(c) Relevant results of
Agency inspections; and
(d)
Relevant results of the licensee's program review and testing and
maintenance.
(4) The
licensee shall maintain records of the initial and refresher training for three
years from the date of the training. The training records must include dates of
the training, topics covered, a list of licensee personnel in attendance, and
related information.
(D) Protection of Information.
(1) Licensees authorized to possess category
1 or category 2 quantities of radioactive material shall limit access to and
unauthorized disclosure of their security plan, implementing procedures, and
the list of individuals that have been approved for unescorted
access.
(2) Efforts to limit access
shall include the development, implementation, and maintenance of written
policies and procedures for controlling access to, and for proper handling and
protection against unauthorized disclosure of, the security plan, implementing
procedures, and the list of individuals that have been approved for unescorted
access.
(3) Before granting an
individual access to the security plan, implementing procedures, or the list of
individuals that have been approved for unescorted access, licensees shall:
(a) Evaluate an individual's need to know the
security plan, implementing procedures, or the list of individuals that have
been approved for unescorted access; and
(b) If the individual has not been authorized
for unescorted access to category 1 or category 2 quantities of radioactive
material, safeguards information, or safeguards information-modified handling,
the licensee must complete a background investigation to determine the
individual's trustworthiness and reliability. A trustworthiness and reliability
determination shall be conducted by the reviewing official and shall include
the background investigation elements contained in
105 CMR 120.058(A)(2)
through (7).
(4) Licensees need not subject the following
individuals to the background investigation elements for protection of
information:
(a) The categories of individuals
listed in
105
CMR 120.060(A)(1) through
(13); or
(b) Security service provider employees,
provided written verification that the employee has been determined to be
trustworthy and reliable, by the required background investigation in
105 CMR 120.058(A)(2)
through (7), has been provided by the
security service provider.
(5) The licensee shall document the basis for
concluding that an individual is trustworthy and reliable and should be granted
access to the security plan, implementing procedures, or the list of
individuals that have been approved for unescorted access.
(6) Licensees shall maintain a list of
persons currently approved for access to the security plan, implementing
procedures, or the list of individuals that have been approved for unescorted
access. When a licensee determines that a person no longer needs access to the
security plan, implementing procedures, or the list of individuals that have
been approved for unescorted access, or no longer meets the access
authorization requirements for access to the information, the licensee shall
remove the person from the approved list as soon as possible, but no later than
seven working days, and take prompt measures to ensure that the individual is
unable to obtain the security plan, implementing procedures, or the list of
individuals that have been approved for unescorted access.
(7) When not in use, the licensee shall store
its security plan, implementing procedures, and the list of individuals that
have been approved for unescorted access in a manner to prevent unauthorized
access. Information stored in nonremovable electronic form must be password
protected.
(8) The licensee shall
retain as a record for three years after the document is no longer needed:
(a) A copy of the information protection
procedures; and
(b) The list of
individuals approved for access to the security plan, implementing procedures,
or the list of individuals that have been approved for unescorted
access.
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