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 38.17 - Responsibility for radiation safety and radiation protection programs

Current through Register Vol. 46, No. 12, March 20, 2024

No person shall operate a radiation installation unless that person:

(a) makes every effort to maintain radiation exposures and releases of radioactive material as low as reasonably achievable (ALARA); and

(b) develops, documents and implements a radiation protection program commensurate with the scope and extent of the radiation activities engaged in by the radiation installation. This program shall be designed to ensure compliance with the provisions of the Part (rule) and the installation operator shall provide a radiation safety officer as described in section 38.3(a)(79) of this Part (rule). The radiation officer shall be delegated authority to ensure the implementation of this radiation protection program and shall be responsible for its day-to-day conduct;

(c) conducts, or causes to be conducted, an annual review of the radiation protection program content and implementation, and of the performance of the radiation safety officer; and

(d) implements the ALARA requirements of subdivision (a) of this section, and notwithstanding the requirements of section 38.19(a)(1)(ii) of this Part, constrains air emissions of radioactive materials obtained under the license so that the individual member of the public likely to receive the highest dose will not be expected to receive a total effective dose equivalent in excess of 0.1 mSv (0.01 rem) in a year from these emissions. If a licensee exceeds this dose constraint, the licensee shall report the exceedence as provided in section 38.29(c) of this Part, and promptly take appropriate corrective action to ensure against recurrence.

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