Neb. Admin. Code HEALTH AND HUMAN SERVICES SYSTEM, tit. 180, ch. 17, app 17-A
The following examples of severity levels apply to licensees or registrants and are neither exhaustive nor controlling. They reflect only the seriousness of the violation and not the intent of the violator, the history of the violator, the amount necessary to deter future violations, or efforts to correct the violation.
A. Severity I - Most Significant Violations.
1. Exposure of a worker in excess of 250 mSv (25 rems) of radiation to the whole body, or 1.50 Sv (150 rems) to the skin of the whole body, or 3.75 Sv (375 rems) to the feet, ankles, hands, or forearms;
2. Annual whole body exposure in excess of 25 mSv ( 2.5 rems) of radiation to a non-radiation worker or a radiation worker who is a minor;
3. Release of radioactive material to an unrestricted area(s) in excess of ten times the limits specified in the rules;
4. Radiation levels, contamination levels, or releases that exceed ten times the limits specified in the rules;
5. Disposal of licensed material into a sanitary sewage system in quantities or concentrations which exceed ten times the limits of 180 NAC 4-041;
6. Exposure of a worker in a restricted area(s) to ten times the limits of 180 NAC 4-005;
7. A required system or equipment designed to prevent or mitigate a serious safety event or unnecessary exposure is absent or not operable due to a deliberate act by the licensee or registrant (e.g., bypassing an interlock);
8. A material false statement. This is a written or sworn statement that is false and is relevant to the regulatory process;
9. Action by management to discriminate against an employee for attempting to communicate or for actually communicating with the Department pursuant to 180 NAC 10-007.03;
10. Deliberate exposure of an individual except by or under the supervision of an individual licensed to engage in the healing arts;
11. Refusing authorized Department personnel access to facilities and/or equipment to conduct inspections or investigations; or
12. Possession of licensable quantities of radioactive material without a license.
B. Severity II - Very Significant Violations.
1. Single exposure of a worker in excess of 50 mSv (5 rems) of radiation to the whole body, 300 mSv (30 rems) to the skin of the whole body, or 750 mSv (75 rems) to the feet, ankles, hands or forearms;
2. Annual whole body exposure in excess of 5 mSv ( 0.5 rem) of radiation to a non-radiation worker or radiation worker who is a minor;
3. Release of radioactive material to an unrestricted area in excess of five times the limits of 180 NAC 4-014;
4. Radiation levels, contamination levels, or releases that exceed five times the limits specified in the rules;
5. Failure to immediately notify the Department as required by 180 NAC 4-057.01, item 1 and 3, 4-058.01 item 1 and 2;
6. Unauthorized disposal of licensed material in quantities or concentrations in excess of five times the limits of 180 NAC 4-041;
7. Exposure of a worker in a restricted area in excess of five times the limits 180 NAC 4-005;
8. A required system or equipment designed to prevent or mitigate a serious safety event or unnecessary exposure is absent or inoperable;
9. Failure to obtain appropriate Department approval before moving to a new use and/or storage location;
10. A material false statement. This is a statement that is false by omission and is relevant to the regulatory process;
11. Radiation output on fluoroscopic devices which exceed the limits in 180 NAC 6-005.03, item 1.
12. Absence of patient exposure reduction equipment required by Title 180.
13. Refusing authorized Department personnel access to records during an inspection or investigation upon reasonable notice;
14. Loss of control of a source of radiation; or
15. Failure to register sources of radiation or services as required by 180 NAC.
C. Severity III - Significant Violations.
1. Single exposure of a worker in excess of 30 mSv (3 rems) of radiation to the whole body, or 75 mSv ( 7.5 rems) to the skin of the whole body, or 187.5 mSv ( 18.75 rems) to the feet, ankles, hands or forearms;
2. A radiation level in an unrestricted area such that an individual could receive greater than 1.0 mSv (100 millirems) in a one-hour period or 5.0 mSv (500 millirems) in any seven consecutive days;
3. Failure to notify the Department within 24 hours as required by 180 NAC 4-058.02 or failure to notify the Department within 30 days as required by 180 NAC 4-057.01, item 2 or 4-59;
4. Substantial potential for an exposure or release in excess of the limits of 180 NAC 4 (e.g., entry into high radiation areas without performing an adequate survey; operation of a radiation facility with a nonfunctioning interlock system);
5. Release of radioactive material to an unrestricted area in excess of the limits of 180 NAC 4-014;
6. Unauthorized disposal of licensed material not covered in Severity Levels I or II;
7. Exposure of a worker in restricted areas in excess of the limits of 180 NAC 4-005;
8. Release for unrestricted use of radioactive material or contaminated equipment which poses a potential for significant exposure to members of the public, or which reflects a programmatic rather than isolated weakness in the radiation safety program;
9. Cumulative worker exposure above Title 180 limits when such exposure reflects a programmatic rather than an isolated weakness in the radiation safety program;
10. Conduct of licensee or registrant activities by an unauthorized or an unqualified person;
11. Any noncompliance with posting, labeling, placarding, shipping papers, packaging loading, or other transporting requirements that could result in the following:
a. Improper identification of the type, quantity, or form of material,
b. Failure of the carrier or recipient to exercise adequate controls, or
c. Substantial potential for personnel exposure or contamination, or improper transfer of material;
12. Failure to control access to licensed materials as specified by Department rules;
13. Possession or use by licensee or registrant of unauthorized radiation machine or radioactive material in conducting registrant or licensee activities;
14. Radiation levels, contamination levels, or releases that exceed the limits specified in the license;
15. Failure to use exposure reduction devices properly (e.g., collimators, filtration); or
16. Failure to hospitalize patients who have sealed source implants or therapeutic quantities of radioactive material in accordance with the license or license conditions;
D. Severity IV - Violations.
1. Exposure in excess of the limits of 180 NAC 4-005 not constituting Severity I, II, or III violations;
2. A radiation level in an unrestricted area such that an individual could receive greater than 0.02 mSv (2 millirems) in any one-hour period or 1.0 mSv (100 millirems) in any year;
3. Failure to notify the Department within 30 days as required by 180 NAC 4-059.
4. Failure to make a follow-up written report to the Department as required by 180 NAC 4-057.02, 4-063 or 10-004.
5. Failure to conduct required leakage or contamination tests or to use properly calibrated equipment.
6. Unless specified in a more severe category, changes in procedures or other conditions of a license or certificate of registration of which the Department was not informed (e.g., change of address, expiration of certificate of registration); or
7. Failure to maintain complete records and/or forms required by Nebraska's Regulations for Control of Radiation - Ionizing.
E. Severity V - Minor Violations.
1. Failure to maintain a current copy of Title 180 and current copies of active licenses and/or certificates of registration;
2. Failure to post Title 180 notices required by 180 NAC 10-002; or
Other violations that have minor safety or environmental significance.
Neb. Admin. Code HEALTH AND HUMAN SERVICES SYSTEM, tit. 180, ch. 17, app 17-A