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 38.26 - Respiratory protection and controls to restrict internal exposure in restricted areas
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 38.26
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Use of process or other controls.
(1) The
licensee shall use, to the extent practicable, process or other engineering
controls such as containment or ventilation to control the concentrations of
radioactive material in air.
(2)
When it is not practicable to apply process or other engineering controls to
control the concentrations of radioactive material in air to values below those
that define an airborne radioactivity area, the licensee or registrant shall,
consistent with maintaining the total effective dose equivalent ALARA, increase
monitoring and limit intakes by one or more of the following means:
(i) control of access; or
(ii) limitation of exposure times;
or
(iii) use of respiratory
protection equipment; or
(iv) other
controls.
(b) Use of individual respiratory protection equipment.
(1) If the licensee or registrant uses
respiratory protection equipment to limit intakes pursuant to paragraph (a)(2)
of this section:
(i) Except as provided in
subparagraph (ii) of this paragraph the licensee or registrant shall use only
respiratory protection equipment that is tested and certified or had
certification extended by the National Institute for Occupational Safety and
Health/Mine Safety and Health Administration (NIOSH/MSHA).
(ii) If the licensee wishes to use equipment
that has not been tested or certified by NIOSH/MSHA, has not had certification
extended by NIOSH/MSHA, or for which there is no schedule for testing or
certification, the licensee or registrant shall submit an application for
authorized use of that equipment, including a demonstration by testing, or a
demonstration on the basis of reliable test information, that the material and
performance characteristics of the equipment are capable of providing the
proposed degree of protection under anticipated conditions of use.
(iii) The licensee shall implement and
maintain a respiratory protection program that includes:
(a) air sampling sufficient to identify the
potential hazard, permit proper equipment selection, and estimate
exposures;
(b) surveys and
bioassays, as appropriate, to evaluate actual intakes;
(c) testing of respirators for operability
immediately prior to each use;
(d)
written procedures regarding selection, fitting, issuance, maintenance, and
testing of respirators, including testing for operability immediately prior to
each use; supervision and training of personnel; monitoring, including air
sampling and bioassays; and recordkeeping; and
(e) determination by a physician prior to
initial fitting of respirators, and at least every 12 months thereafter, that
the individual user is physically able to use the respiratory protection
equipment.
(iv) The
licensee or registrant shall issue a written policy statement on respirator
usage covering:
(a) the use of process or
other engineering controls, instead of respirators;
(b) the routine, none-routine, and emergency
use of respirators; and
(c) the
length of periods of respirator use and relief from respirator use.
(v) The licensee or registrant
shall advise each respirator user that the user may leave the area at any time
for relief from respirator use in the event of equipment malfunction, physical
or psychological distress, procedural or communication failure, significant
deterioration of operating conditions, or any other conditions that might
require such relief.
(vi) The
licensee or registrant shall use equipment within the equipment manufacturer's
expressed limitations for type and mode of use and shall provide proper visual,
communication, and other special capabilities, such as adequate skin
protection, when needed.
(2) When estimating exposure of individuals
to airborne radioactive materials, the licensee or registrant may make
allowance for respiratory protection equipment used to limit intakes pursuant
to paragraph (a)(2) of this section, provided that the following conditions, in
addition to those in paragraph (1) of this subdivision, are satisfied:
(i) The licensee selects respiratory
protection equipment that provides a protection factor greater than the
multiple by which peak concentrations of airborne radioactive materials in the
working area are expected to exceed the values specified in Appendix A-13,
Table I, Column 3, infra. However, if the selection of respiratory protection
with a protection factor greater than this multiple is inconsistent with the
goal specified in paragraph (a)(2) of this section, of keeping the total
effective dose equivalent ALARA, the licensee or registrant may select
respiratory protection equipment with a lower protection factor provided that
such a selection would result in total effective dose equivalent that is ALARA.
The concentration of radioactive material in the air that is inhaled when
respirators are worn may be initially estimated by dividing the average
concentration in air, during each period of uninterrupted use, by the
protection factor. If the exposure is later found to be greater than initially
estimated, the corrected value shall be used; if the exposure is later found to
be less than initially estimated, the corrected value may be used.
(ii) The licensee or registrant shall obtain
authorization from the commissioner before assigning respiratory protection
factors in excess of those specified in Table 6 of section
38.41 of
this Part (rule). The commissioner may authorize a licensee or registrant to
use higher protection factors upon receipt of an application that:
(a) describes the situation for which a need
exists for higher protection factors; and
(b) demonstrates that the respiratory
protection equipment provides these higher protection factors under the
proposed conditions of use.
(3) In an emergency, the licensee shall use
as emergency equipment only respiratory protection equipment that has been
specifically certified or had certification extended for emergency use by the
National Institute for Occupational Safety and Health and the Mine Safety and
Health Administration.
(4) The
licensee shall notify the commissioner in writing at least 30 days before the
date that respiratory protection equipment is first used pursuant to this
subdivision.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.