New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 38 - Ionizing Radiation Protection
Section 38.1 - Applicability

(a) Except as herein provided, this Part (rule) applies throughout the State to every person who, in any industry, trade, occupation or process in the State, transfers, receives, possesses or uses any radiation source while such source is free from and not subject to the regulatory powers and jurisdiction of the State Department of Health or the New York City Department of Health.

(b) This Part (rule) also applies to every person who, in any industry, trade, occupation or process, engages in the installation, testing or servicing of radiation equipment that may result in exposure to ionizing radiation.

(c) This Part (rule) does not apply to any common or contract carrier operating within this State to the extent that such carrier is subject to regulation as provided for by law by the United States Department of Transportation or other agencies of the United States, or agencies of the State of New York, other than the Department of Labor, having jurisdiction.

(d) This Part (rule) does not apply to any person to the extent that such person obtains, possesses, or uses such items as are enumerated in Table 1 of section 38.41 of this Part (rule).