N.Y. Comp. Codes R. & Regs. tit. 12 § 38.27

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.27 - Notices, instructions and reports to workers

(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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.27