Current through Register Vol. 46, No. 12, March 20, 2024
(a) Purpose and scope. This section
establishes requirements for notices, instructions and reports by licensees or
registrants to individuals engaged in work under a license or
registration.
(b) Posting of
notices to workers.
(1) Each licensee or
registrant shall post current copies of the following documents:
(i) the regulations of this Part;
(ii) the radioactive materials license, and
conditions or documents incorporated into the license by reference, and
amendments thereto, or the certificate of registration;
(iii) the operating procedures (including
emergency procedures) applicable to work under the license or registration;
and
(iv) any notice of violation
involving radiological working conditions, proposed imposition of civil penalty
or order issued by the commissioner, and any response from the licensee or
registrant.
(2) If
posting of a document specified in paragraph (1) of this subdivision is not
practicable, the licensee or registrant may post a notice which describes the
document and states where it may be examined.
(3) A current copy of the notice to employees
provided by the commissioner shall be posted by each licensee or registrant
wherever individuals work in or frequent any portion of a controlled
area.
(4) Documents, notices or
forms posted pursuant to this section shall be conspicuous, be replaced if
defaced or altered, and appear in a sufficient number of places to permit
individuals engaged in work under the license or registration to observe them
on the way to or from assigned work locations to which the document
applies.
(5) Department documents
shall be posted within two working days after receipt of the documents from the
commissioner; the licensee's or registrant's response, if any, shall be posted
within two working days after dispatch from the licensee or registrant. Such
documents shall remain posted for a minimum of five working days or until
action correcting violations, if any, has been completed, whichever is
later.
(c) Instructions
to workers.
(1) All individuals working in or
frequenting any portion of a controlled area, or otherwise exposed to
occupational doses of radiation, shall be:
(i) informed of the storage, transfer or use
of radioactive material, of radiation-producing equipment or of radiation in
such portions of the controlled area;
(ii) instructed in the operating procedures
applicable to work under the license or registration and the health protection
problems associated with exposure to such radioactive material or radiation, in
precautions or procedures to minimize exposure, in the purposes and functions
of protective devices employed, and required to demonstrate familiarity with
such precautions, procedures and devices;
(iii) instructed in, and instructed to
observe, to the extent within the worker's control, the applicable provisions
of this Part (rule) and the provisions of any license or registration for the
protection of personnel from exposures to radiation or radioactive material
occurring in such areas;
(iv)
instructed in their responsibility to report promptly to the licensee or
registrant any condition which may lead to or cause a violation of the
commissioner's regulations or a license or registration, or cause unnecessary
exposure to radiation or radioactive material;
(v) instructed in the appropriate response to
warnings made in the event of any unusual occurrence or malfunction that may
involve exposure to radiation or radio-active material; and
(vi) advised as to the radiation exposure
reports which workers must be given or may request pursuant to this Part
(rule).
(2) The extent
of these instructions shall be commensurate with potential radiological health
problems in the controlled area, and instruction shall be given before an
individual begins work in a controlled area and at least annually thereafter.
Records documenting individual worker instruction shall be maintained for
inspection by the commissioner for a period of three years.
(d) Notification and reports to
individuals.
(1) Radiation exposure data for
an individual for whom monitoring is required pursuant to section
38.24 of
this Part (rule), including the results of any measurements, analyses and
calculations of radioactive material deposited or retained in the body of an
individual shall be reported to the individual as specified in this
subdivision. The information reported shall include data and results as shown
in records maintained by the licensee or registrant pursuant to section
38.28 of this
Part (rule). Each notification and report shall be in writing and include
appropriate identifying data, such as the name of the licensee or registrant,
the name of the individual, the individual's social security number, together
with the individual's exposure information and, in addition, contain the
following statement: "This report is furnished to you under the provisions of
Part 38 (12 NYCRR 38) and should be preserved for further reference."
(2) Each licensee or registrant shall advise
each worker annually in writing of the worker's exposure to radiation or
radioactive material as shown in records maintained by the licensee pursuant to
section
38.28 of this
Part (rule).
(3) At the request of
a worker formerly engaged in work controlled by the licensee or the registrant,
each licensee or registrant shall furnish to the worker a written report of the
worker's exposure to radiation or radioactive material. Such report shall:
(i) be furnished within 30 days from the time
the request is made, or within 30 days after the exposure of the individual has
been determined by the licensee or registrant, whichever is later;
(ii) cover, within the period of time
specified in the request, the cumulative occupational radiation dose received
by the individual from exposure to radiation from radiation sources licensed by
or registered with, the commissioner;
(iii) contain the results of any calculations
and analysis of radioactive material deposited in such individual's body,
including any bioassay or other medical evaluation services of which records
are required by section
38.28 of this
Part (rule); and
(iv) include the
dates and locations of work under the license or registration in which the
worker participated during this period.
(4) When a licensee or registrant is required
pursuant to section
38.29 of this
Part (rule) to report to the commissioner any exposure of an individual to
radiation or radioactive material, the licensee or the registrant shall also
provide to the individual a written report on the exposure data included
therein. Such reports shall be transmitted at a time not later than the
transmittal to the commissioner.
(5) At the request of any worker who has been
engaged in a work assignment in an area controlled by a licensee or registrant
for purposes of radiation protection, and who is terminating employment in such
work assignment, the licensee or registrant shall provide a written report of
the radiation dose received by that worker from operations of the licensee or
registrant during that current year or fraction thereof. The report shall be
provided to the worker or the worker's designee at termination, and if the
final determined personnel monitoring results are not available at that time, a
written estimate of that dose shall be provided in the interim. Estimated doses
shall be clearly indicated as such.
(e) Special information. Each person who
possesses a radiation source shall, when so ordered by the commissioner upon
his finding such services to be necessary or desirable for determining the
extent of an individual's occupational exposure to a radiation source, make
available to the individual bioassay services or other appropriate medical
evaluations and shall furnish to the commissioner copies of the reports of such
services.