New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 16 - Ionizing Radiation
General Provisions
Section 16.6 - Occupational dose limits
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 16.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Occupational dose limits for adults.
(1)
Except for planned special exposures pursuant to subdivision (f) of this
section, no person shall transfer, receive, possess or use any radiation source
so as to cause any individual adult to receive an occupational dose from all
sources of radiation that exceeds any of the following limits:
(i) The annual limit, which is the more
limiting of:
(a) the total effective dose
equivalent being equal to 0.05 Sv (5 rem); or
(b) the sum of the deep dose equivalent and
the committed dose equivalent to any individual organ or tissue other than the
lens of the eye being equal to 0.50 Sv (50 rem).
(ii) The annual limits to the lens of the
eye, to the skin, and to the extremities which are:
(a) an eye dose equivalent of 0.15 Sv (15
rem); and
(b) a shallow dose
equivalent of 0.50 Sv (50 rem) to the skin or to any extremity.
(2) Doses received in
excess of the annual limits, including doses received during accidents,
emergencies, and planned special exposures must be subtracted from the limits
for planned special exposures that the individual may receive during the
current year and during the individual's lifetime. (See paragraph [f][6] of
this section).
(3) The assigned
deep dose equivalent and shallow dose equivalent shall be for the portion of
the body receiving the highest exposure determined as follows:
(i) The deep dose equivalent, eye dose
equivalent and shallow dose equivalent may be assessed from surveys or other
radiation measurements for the purpose of demonstrating compliance with the
occupational dose limits, if the individual monitoring device was not in the
region of highest potential exposure, or the results of individual monitoring
are unavailable.
(ii) When a
protective apron is worn pursuant to section
16.58(b)(3)
of this Part by physicians during X-ray fluoroscopic procedures and monitoring
is conducted as specified in section
16.11(b)(1)
of this Part, the effective dose equivalent for external radiation may be
determined for these individuals as follows:
(a) when only one individual monitoring
device is used and it is located at the neck outside the protective apron, the
reported deep dose equivalent value multiplied by 0.3 shall be the effective
dose equivalent for external radiation; or
(b) when individual monitoring devices are
worn, both under the protective apron at the waist and outside the protective
apron at the neck, the effective dose equivalent for external radiation shall
be assigned the value of the sum of the deep dose equivalent reported for the
individual monitoring device located at the waist under the protective apron
multiplied by 1.5 and the deep dose equivalent reported for the individual
monitoring device located at the neck outside the protective apron multiplied
by 0.04.
(4)
Derived air concentration (DAC) and annual limit on intake (ALI) values are
presented in Appendix 16-C, Table 1, infra, and may be used to determine the
individual's dose and to demonstrate compliance with the occupational dose
limits.
(5) Notwithstanding the
annual dose limits, the licensee shall limit the soluble uranium intake by an
individual to 10 milligrams in a week. (See footnote 3 of Appendix
16-C.)
(6) The licensee or
registrant shall reduce the dose that an individual may be allowed to receive
in the current year by the amount of occupational dose received while employed
by any other person. (See subdivision [e] of this section.)
(b) Compliance with requirements for summation of external and internal dose.
(1) If the licensee or registrant is required
to monitor pursuant to both subdivisions (a) and (d) of section
16.11 of
this Part, the licensee or registrant shall demonstrate compliance with the
dose limits by summing external and internal doses. If the licensee or
registrant is required to monitor only pursuant to section
16.11(a)
of this Part or only pursuant to section
16.11(d)
of this Part, then summation is not required to demonstrate compliance with the
dose limits. The licensee or registrant may demonstrate compliance with the
requirements for summation of external and internal doses by meeting one of the
conditions specified in paragraph (2), and the conditions in paragraphs (3) and
(4) of this subdivision. The dose equivalents for the lens of the eye, the
skin, and the extremities are not included in the summation, but are subject to
separate limits.
(2) intake by
inhalation. the only intake of radionuclides is by inhalation, the total
effective dose equivalent limit is not exceeded if the sum of the deep dose
equivalent divided by the total effective dose equivalent limit, and one of the
following, does not exceed unity:
(i) the sum
of the fractions of the inhalation ALI for each radionuclide; or
(ii) the total number of derived air
concentrations-hours (DAC-hours) for all radionuclides divided by 2,000;
or
(iii) the sum of the calculated
committed effective dose equivalents to all significantly irradiated organs or
tissues (T) calculated from bioassay data using appropriate biological models
and expressed as a fraction of the annual limit. For purposes of this
requirement, an organ or tissue is deemed to be significantly irradiated if,
for that organ or tissue, the product of the weighting factors,
WT, and the committed dose equivalent, H
T,50, per unit intake is greater than 10 percent of the
maximum weighted value of H50, that is,
WH,50 per unit intake for any organ or tissue.
(3) Intake by oral ingestion. If
the occupationally exposed individual also receives an intake of radionuclides
by oral ingestion greater than 10 percent of the applicable oral ALI, the
licensee or registrant shall account for this intake and include it in
demonstrating compliance with the limits.
(4) Intake through wounds or absorption
through skin. The licensee or registrant shall evaluate and account for intakes
through wounds or skin absorption. The intake through intact skin has been
included in the calculation of DAC for hydrogen-3 and does not need to be
evaluated or accounted for pursuant to this paragraph.
(c) Determination of external dose from airborne radioactive material.
(1) Licensees
shall, when determining the dose from airborne radioactive material, include
the contribution to the deep dose equivalent, eye dose equivalent, and shallow
does equivalent from external exposure to the radioactive cloud (see Appendix
16-C, footnotes 1 and 2 infra).
(2)
Airborne radioactivity measurements and DAC values shall not be used as the
primary means to assess the deep dose equivalent when the airborne radioactive
material includes radionuclides other than noble gases or if the cloud of
airborne radioactive material is not relatively uniform. The determination of
the deep dose equivalent to an individual shall be based upon measurements
using instruments or individual monitoring devices.
(d) Determination of internal exposure.
(1) For purposes of assessing dose used to
determine compliance with occupational dose equivalent limits, the licensee
shall, when required under section
16.11 of
this Part, take any of the following measurements as may be necessary for
timely and appropriate detection and assessment of intake of radioactivity by
individuals:
(i) concentrations of
radioactive materials in air in work areas; or
(ii) quantities of radionuclides in the body;
or
(iii) quantities of
radionuclides excreted from the body; or
(iv) combinations of these
measurements.
(2) Unless
respiratory protective equipment is used, as provided in section
16.26
of this Part, or the assessment of intake is based on bioassays, the licensee
or registrant shall assume that an individual inhales radioactive material at
the airborne concentration in which the individual is present.
(3) When specific information on the physical
and biochemical properties of the radionuclides taken into the body or the
behavior of the material in an individual is known, the licensee or registrant
may:
(i) use that information to calculate
the committed effective dose equivalent, and, if used, the licensee or
registrant shall document that information in the individual's record;
and
(ii) upon prior approval of the
department, adjust the DAC or ALI values to reflect the actual physical and
chemical characteristics of airborne radioactive material, for example, aerosol
size distribution or density; and
(iii) separately assess the contribution of
fractional intakes of Class D, W, or Y compounds of a given radionuclide to the
committed effective dose equivalent.
(4) If the licensee chooses to assess intakes
of Class Y material using the measurements given in subparagraph (1)(ii) or
(iii) of this subdivision, the licensee or registrant may delay the recording
and reporting of the assessments for periods up to seven months, unless
otherwise required by section
16.15(b)
or
16.15(c)
of this Part. This delay permits the licensee or registrant to make additional
measurements basic to the assessments.
(5) If the identity and concentration of each
radionuclide in a mixture are known, the fraction of the DAC applicable to the
mixture for use in calculating DAC-hours shall be either:
(i) the sum of the ratios of the
concentration to the appropriate DAC value, that is, D, W, or Y, from Appendix
16-C infra, for each radionuclide in the mixture; or
(ii) the ratio of the total concentration for
all radionuclides in the mixture to the most restrictive DAC value for any
radionuclide in the mixture.
(6) If the identity of each radionuclide in a
mixture is known, but the concentration of one or more of the radionuclides in
the mixture is not known, the DAC for the mixture shall be the most restrictive
DAC of any radionuclide in the mixture.
(7) When a mixture of radionuclides in air
exists, a licensee may disregard certain radionuclides in the mixture if:
(i) the licensee uses the total activity of
the mixture in demonstrating compliance with the dose limits in subdivision (a)
of this section and in complying with the monitoring requirements in section
16.11(d)
of this Part; and
(ii) the
concentration of any radionuclide disregarded is less than 10 percent of its
DAC; and
(iii) the sum of these
percentages for all of the radionuclides disregarded in the mixture does not
exceed 30 percent.
(8)
When determining the committed effective dose equivalent, the following
information may be considered:
(i) In order to
calculate the committed effective dose equivalent, the licensee or registrant
may assume that the inhalation of one ALI, or an exposure of 2,000 DAC-hours,
results in a committed effective dose equivalent of 0.05 Sv (five rem) for
radionuclides that have their ALIs or DACs based on the committed effective
dose equivalent.
(ii) For an ALI
and the associated DAC determined by the nonstochastic organ dose limit of 0.50
Sv (50) rem), the intake of radionuclides that would result in a committed
effective dose equivalent of 0.05 Sv (five rem), that is, the stochastic ALI,
is listed in parentheses in Appendix 16-C, Table 1, infra. The licensee or
registrant may, as a simplifying assumption, use the stochastic ALIs to
determine committed effective dose equivalent. However, if the licensee or
registrant uses the stochastic ALIs, the licensee or registrant shall also
demonstrate that the limit in clause (a)(1)(i)(b) of this section is
met.
(e) Determination of prior occupational dose.
(1)
For each individual who may enter the licensee's or registrant's restricted
area and is likely to receive, in a year, an occupational dose requiring
monitoring pursuant to section
16.11 of
this Part, the licensee or registrant shall:
(i) determine the occupational radiation dose
received during the current year; and
(ii) request in writing the records of
lifetime cumulative occupational radiation dose.
(2) Prior to permitting an individual to
participate in a planned special exposure, the licensee or registrant shall
determine:
(i) the internal and external
doses from all previous planned special exposures; and
(ii) all doses in excess of the limits,
including doses received during accidents and emergencies, received during the
lifetime of the individual.
(3) In complying with the requirements of
paragraph (1) of this subdivision, a licensee or registrant may:
(i) accept, as a record of the occupational
dose that the individual received during the current year, a written signed
statement from the individual, or from the individual's most recent employer
for work involving radiation exposure, that discloses the nature and the amount
of any occupational dose that the individual received during the current year;
and
(ii) accept, as the record of
lifetime cumulative radiation dose, an up-to-date department form "Cumulative
Occupational Radiation Exposure History", or equivalent, signed by the
individual and countersigned by an appropriate official of the most recent
employer for work involving radiation exposure, or the individual's current
employer, if the individual is not employed by the licensee or registrant;
and
(iii) obtain reports of the
individual's dose equivalent from the most recent employer for work involving
radiation exposure, or the individual's current employer, if the individual is
not employed by the licensee or registrant, by telephone, telegram, facsimile,
or letter. The licensee or registrant shall request a written verification of
the dose data if the authenticity of the transmitted report cannot be
established.
(4) The
licensee or registrant shall record the exposure history, as required by
paragraph (1) of this subdivision, on department form "Cumulative Occupational
Radiation Exposure History", or other clear and legible record, of all the
information required on that form.
(i) The
form or record shall show each period in which the individual received
occupational exposure to radiation or radioactive material and shall be signed
by the individual who received the exposure. For each period for which the
licensee or registrant obtains reports, the licensee or registrant shall use
the dose shown in the report in preparing department form "Cumulative
Occupational Radiation Exposure History". For any period in which the licensee
or registrant does not obtain a report, the licensee or registrant shall place
a notation on department form "Cumulative Occupational Radiation Exposure
History" indicating the periods of time for which data are not
available.
(ii) Licensees or
registrants are not required to reevaluate the separate external dose
equivalents and internal committed dose equivalents or intakes of radionuclides
assessed under the regulations in this Part in effect before the effective date
of these regulations. Further occupational exposure histories obtained and
recorded on department form "Cumulative Occupational Radiation Exposure
History" before the effective date of these regulations, would not have
included effective dose equivalent, but may be used in the absence of specific
information on the intake of radionuclides by the individual.
(5) If the licensee or registrant
is unable to obtain complete records of an individual's current and previously
accumulated occupational dose, the licensee or registrant:
(i) when establishing administrative controls
under paragraph (a)(6) of this section for the current year, shall assume that
the allowable dose limit for the individual is reduced by 12.5 mSv (1.25 rem)
for each quarter for which records were unavailable and the individual was
engaged in activities that could have resulted in occupational radiation
exposure; and
(ii) shall not
authorize the individual to receive any planned special exposures.
(6) The licensee or registrant
shall retain the records on department form "Cumulative Occupational Radiation
Exposure History" or equivalent until the department authorizes their
disposition. The licensee or registrant shall retain records used in preparing
department form "Cumulative Occupational Radiation Exposure History" for three
years after the record is made.
(f) Planned special exposures. A licensee or registrant may authorize an adult worker to receive doses in addition to and accounted for separately from the doses received under the limits specified in subdivision (a) of this section provided that each of the following conditions is satisfied:
(1) The licensee or registrant
authorizes the planned special exposure only in an exceptional situation when
alternatives that might avoid the higher exposure are unavailable or
impractical.
(2) The licensee or
registrant, and employer if the employer is not the licensee or registrant,
specifically authorizes the planned special exposure, in writing, before the
exposure occurs.
(3) Before a
planned special exposure, the licensee or registrant ensures that each worker
involved is:
(i) informed of the purpose of
the planned operation; and
(ii)
informed of the estimated doses and associated potential risks and specific
radiation levels or other conditions that might be involved in performing the
task;, and
(iii) instructed in the
measures to be taken to keep the dose ALARA considering other risks that may be
present.
(4) Prior to
permitting an individual to participate in a planned special exposure, the
licensee or registrant ascertains prior doses as required by paragraph (e)(2)
of this section.
(5) Subject to
paragraph (a)(2) of this section, the licensee or registrant shall not
authorize a planned special exposure that would cause an individual to receive
a dose from all planned special exposures and all doses in excess of the limits
to exceed:
(i) the numerical values of any of
the dose limits in paragraph (a) (1) of this section in any year; and
(ii) five times the annual dose limits in
paragraph (a)(1) of this section during the individual's lifetime.
(6) The licensee or registrant
maintains records of the conduct of a planned special exposure in accordance
with section
16.14(e)
of this Part and submits a written report in accordance with section
16.15(d)
of this Part.
(7) The licensee or
registrant records the best estimate of the dose resulting from the planned
special exposure in the individual's record and informs the individual, in
writing, of the dose within 30 days from the date of the planned special
exposure. The dose from planned special exposures shall not be considered in
controlling future occupational dose of the individual pursuant to paragraph
(a)(1) of this section but shall be included in evaluations required by
paragraphs (4) and (5) of this subdivision.
(g) Occupational dose limits for minors. The annual occupational dose limits for minors are 10 percent of the annual occupational dose limits specified for adult workers in subdivision (a) of this section.
(h) Dose to an embryo/fetus.
(1) The licensee or registrant
shall ensure that the dose to an embryo/fetus during the entire pregnancy, due
to occupational exposure of a declared pregnant woman, does not exceed five mSv
(0.5 rem). (See section
16.14[f]
of this Part for recordkeeping requirements.)
(2) The licensee or registrant shall review
past exposure history and adjust working conditions so as to avoid a monthly
total effective dose equivalent of more than 50 mrem to the embryo/fetus of a
declared pregnant woman.
(3) The
dose to an embryo/fetus shall be taken as the sum of:
(i) the deep dose equivalent to the declared
pregnant woman during the entire pregnancy period; and
(ii) the dose to the embryo/fetus from
radionuclides in the embryo/fetus and radionuclides in the declared pregnant
woman during the entire pregnancy period.
(4) If by the time the woman declares
pregnancy to the licensee or registrant, the dose to the embryo/fetus exceeded
4.5 mSv (0.45 rem), the licensee or registrant shall be deemed to be in
compliance with paragraph (1) of this subdivision if the additional dose to the
embryo/fetus does not exceed 0.50 mSv (0.05 rem) during the remainder of the
pregnancy.
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