Ala. Admin. Code r. 420-3-26-.10

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-26-.10 - Notices, Instructions, And Reports To Workers; Inspections

(1) Purpose and Scope. This Rule 420-3-26-.10 establishes requirements for notices, instructions, and reports by licensees or registrants to individuals participating in registered or licenses activities and options available to such individuals in connection with Agency inspections of licensees or registrants to ascertain compliance with the provisions of the Act and rules, orders, and licenses issued thereunder regarding radiological working conditions. The sections in this Rule 420-3-26-.10 apply to all persons who receive, possess, use, own or transfer material licensed by or registered with the Agency pursuant to the rules in Rules 420-3-26-.02, 420-3-26-.03, 420-3-26-.05, and 420-3-26-.08.

(2) Posting of Notices to Workers.

(a) Each licensee or registrant shall post current copies of the following documents:

1. The rules in this Rule 420-3-26-.10 and Rule 420-3-26-.03;

2. The license, Notice of Registration, conditions or documents incorporated into the license by reference and amendments thereto;

3. The operating procedures applicable to work under the license or registration;

4. Any notice of violation involving radiological working conditions; or order issued pursuant to Rules 420-3-26-.02, 420-3-26-.05, or 420-3-26-.08 and any response from the licensee or registrant.

(b) If posting of a document specified in paragraph (a)l., 2., or 3. of this section is not practicable, the licensee or registrant may post a notice which describes the document and states where it may be examined.

(c) Agency Form X "Notice to Employees" shall be posted by each licensee or registrant wherever individuals work in or frequent any portion of a restricted area or is otherwise required by these rules.

(d) Documents, notices or forms posted pursuant to this section shall 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 any particular work location to which the document applies, shall be conspicuous, and shall be replaced if defaced or altered.

(e) Agency documents posted pursuant to paragraph (a)4, of this section shall be posted within 2 working days after receipt of the documents from the Agency; the licensee's or registrant's response, if any, shall be posted with 2 working days after dispatch from the licensee or registrant. Such documents shall remain posted for a minimum or 5 working days or until action correcting the violation has been completed, whichever is later.

(3) Instructions to Workers. All individuals working in or frequenting any portion of a restricted area shall be kept informed of the storage, transfer, or use of radioactive materials or of radiation in such portions of the unrestricted area; shall be instructed in the health protection problems associated with exposure to such radioactive materials or radiation, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed; shall be instructed in, and instructed to observe, to the extent within the worker's control, the applicable provisions of Agency rules and licenses for the protection of personnel from exposures to radiation or radioactive materials occurring in such areas; shall be instructed of their responsibility to report promptly to the licensee or registrant any conditions which may lead to or cause a violation of Agency rules and the licenses or unnecessary exposure to radiation or radioactive material; shall be instructed in the appropriate response to warnings made in the event of an unusual occurrence or malfunction that may involve exposure to radiation or radioactive material; and shall be advised as to the radiation exposure reports which workers may request pursuant to 420-3-26-.10(4). The extent of these instructions shall be commensurate with potential radiological health protection problems in the restricted area.

(4) Notification and Reports to Individuals.

(a) Radiation exposure data for an individual and 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 rule. The information reported shall include data and results obtained pursuant to Agency rules, orders, or license conditions, as shown in records maintained by the licensee or registrant pursuant to Agency rules. Each notification and report shall be in writing, include appropriate identifying data such as the name of the licensee or registrant, the name of the individual, the individual's social security number; include the individual's exposure information; and contain the following statement:

"This report is furnished to you under Chapter 420-3-26, Radiation Control, Rule 420-3-26-.10. You should preserve this report for future reference."

(b) Each licensee or registrant shall advise such worker annually of the worker's exposure to radiation or radioactive material as shown in records maintained by the licensee or registrant pursuant to 420-3-26-.03(46).

(c) Each licensee or registrant shall furnish a report of the worker's exposure to sources of radiation at the request of a worker formally engaged in activities controlled by the licensee or registrant. The report shall include the dose record for each year the worker was required to be monitored pursuant to Rule 420-3-26-.03(18) of these rules. Such report shall be furnished within 30 days from the date of the request, or within 30 days after the dose of the individual has been determined by the licensee or registrant, whichever is later. The report shall cover the period of time that the worker's activities involved exposure to sources of radiation and shall include the dates and locations of work under the license or registration in which the worker participated during this period.

(d) When a licensee or registrant is required pursuant to 420-3-26-.03(53) to report to the Agency any exposure of an individual to radiation or radioactive material, the licensee or the registrant shall also provide the individual a report on his exposure data included therein. Such reports shall be transmitted at a time not later than the transmittal to the Agency.

(e) At the request of a worker who is terminating employment during the current year with the licensee or registrant in work involving radiation dose, or of a worker who, while employed by another person, is terminating assignment to work involving radiation dose in the licensee's facility in that calendar year, each licensee or registrant shall provide to each such worker, or to the worker's designee, at termination, a written report regarding the radiation dose received by that worker from operations of the licensee or registrant during the current year or fraction thereof. If the most recent individual monitoring results are not available at the time, a written estimate of the dose shall be provided together with a clear indication that this is an estimate.

(5) Presence of Representatives of Licensees or Registrants and Workers During Inspections.

(a) Each licensee or registrant shall afford to the Agency at all reasonable times an opportunity to inspect materials, machines, activities, facilities, premises, and records pursuant to these rules.

(b) During an inspection, Agency inspectors may consult privately with workers as specified in 420-3-26 -.10(6). The licensee or registrant may accompany Agency inspectors during other phases of an inspection.

(c) If, at any time of inspection, an individual has been authorized by the workers to represent them during Agency inspections, the licensee or registrant shall notify the inspectors of such authorization and shall give the worker's representative an opportunity to accompany the inspectors during the inspection of physical working conditions.

(d) Each worker's representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in 420-3-26-.10(3).

(e) Different representatives of licensees or registrants and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one worker's representative at a time may accompany the inspector.

(f) With approval of the licensee or registrant and the worker's representative an individual who is not routinely engaged in work under control of the licensee or registrant, for example a consultant to the licensee or registrant or to the worker's representative, shall be afforded the opportunity to accompany Agency inspectors during the inspection of physical working conditions.

(g) Notwithstanding the other provisions of this rule, Agency inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing proprietary information, the worker's representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.

(6) Consultation with Workers During Inspections.

(a) Agency inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of Agency rules and licenses to the extent the inspectors deem necessary for the conduct of an effective and through inspection.

(b) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may have contributed to or caused any violation of the Act, these rules, or license or registration condition, or any unnecessary exposure of an individual to radiation from licensed radioactive material or a registered radiation machine under the licensee's or registrant's control. Any such notice in writing shall comply with the requirements of 420-3-26-.10(7)(a).

(c) The provisions of paragraph (b) of this section shall not be interpreted as authorization to disregard instructions pursuant to 420-3-26-.10(3).

(7) Requests by Workers for Inspections.

(a) Any worker or representative of workers who believes that a violation of the Act, these rules, or license conditions exists or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged, may request an inspection by giving notice of the alleged violation to the Agency. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of the workers. A copy shall be provided to the licensee or registrant by the Agency no later than at the time of inspection except that upon the request of the worker giving such notice, his name and the name of individuals referred to therein shall not appear in such copy or on any record published, released, or made available by the Agency, except for good cause shown.

(b) If, upon receipt of such notice, the State Health Officer or the Director of the Division of Radiation Control determines that the complaint meets the requirements set forth in paragraph (a) of this section, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections pursuant to this Section need not be limited to matters referred to in the complaint.

(c) No licensee or registrant shall discharge or in any manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under these rules or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of himself or others of any option afforded by this Rule 420-3-26-.10.

(8) Inspections Not Warranted; Informal Review.

(a) If the Director of the Division of Radiation Control determines, with respect to a complaint under 420-3-26-.10(7), that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, he shall notify the complainant in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the State Health Officer who will provide the licensee or registrant with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee or registrant may submit an opposing written statement of position with the State Health Officer who will provide the complainant with a copy of such statements by certified mail. Upon the request of the complainant, the State Health Officer may hold an informal conference in which the complainant and the licensee or registrant may orally present their views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the State Health Officer shall affirm, modify, or reverse the determination of the Director of the Division of Radiation Control and furnish the complainant and the licensee or registrant a written notification of his decision and the reason therefore.

(b) If the Director of the Division of Radiation Control determines that an inspection is not warranted because the requirements of 420-3-26-.10(7)(a) have not been met, he shall notify the complainant in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of 420-3-26-.10(7)(a).

Author: Kirksey E. Whatley, Director, Division of Radiation Control, Bureau of Health Care Standards, Alabama Department of Public Health.

Ala. Admin. Code r. 420-3-26-.10

New May 21, 1975. Revised January 18, 1978. Recodified June 11, 1978. Revised and Repromulgated October 21, 1981. Repromulgated effective December 31, 1983. Revised and Repromulgated effective January 31, 1990. Revised and Repromulgated Filed: April 22, 1994; effective May 29, 1994.

Filed September 1, 1982. Readopted with amendments filed October 24, 1983. Amended filed January 19, 1990.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 22-14-4, 22-14-6, 22-14-7, 22-14-8.