N.Y. Comp. Codes R. & Regs. tit. 12 § 38.34

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

Section 38.34 - Additional requirements for industrial radiography

(a) Definitions. As used in this section the following terms have these defined meanings:

(1) Associated equipment--equipment used in conjuction with a radiographic exposure device to make radiographic exposures that drives, guides or comes in contact with the source, (i.e.,guide tube, control tube, crank, removable source stop, "J" tube).

(2) Collimator--a device used to limit the size, shape, and direction of the primary radiation beam.

(3) Control (crank-out) device--the control cable, the protective sheath and control drive mechanism used to move the sealed source from its shielded position in the radiographic device or camera to an unshielded position outside the device for the purpose of making a radiographic exposure.

(4) Control tube--protective sheath for guiding the control cable. The control tube connects the control drive mechanism to the radiographic exposure device.

(5) Exposure head--a device that locates the gamma radiography sealed source in the selected working position. (An exposure head is also known as a source stop.)

(6) Field examination--a demonstration of practical application of the principles learned in the classroom that should include use of all appropriate equipment and procedures.

(7) Periodic training--a periodic review conducted or provided by the licensee for its employees on radiation safety aspects of radiography. The review may include, as appropriate, the results of internal inspections, new procedures or equipment, accidents or errors that have been observed, and opportunities for employees to ask safety questions.

(8) Permanent radiographic installation--an enclosed shielded room, cell, or vault in which radiography is performed.

(9) Projection sheath (guide tube)--a flexible or rigid tube (i.e., "J" tube) for guiding the source assembly and the attached control cable from the exposure device to the exposure head or working position.

(10) Radiographer--any individual who has successfully completed the training and testing requirements specified in this section for radiographers, and who conducts or personally supervises radiographic operations at a site.

(11) Radiographer's assistant--any individual who has successfully completed the training and testing requirements specified in this section for a radiographer's assistant, and who must use radiographic exposure devices, sealed sources or related handling tools, or radiation survey instruments under the personal supervision of a radiographer.

(12) Radiographic exposure device--any instrument containing a sealed source fastened or contained therein, in which the sealed source or shielding thereof may be moved, or otherwise changed, from a shielded to unshielded position for purposes of making radiographic exposure, (i.e., a camera, or a projector).

(13) Radiography--the examination of the structure of materials by nondestructive methods, utilizing sealed sources of radioactive materials.

(14) Sealed source--any radioactive material that is encased in a capsule designed to prevent leakage or escape of the radioactive material.

(15) Shielded position--the location within the radiographic exposure device or source changer where the sealed source is secured and restricted from movement. (In this position the radiation exposure will be at a minimum. This position incorporates maximum shielding for the radioactive source.)

(16) Source assembly--consists of the sealed source and a connector. May also include a stop ball used to secure the source in the shielded position. The connector attaches to the control cable.

(17) Source changer--a device designed and used for replacement of sealed sources in radiographic exposure devices, including those also used for transporting and storage of sealed sources.

(18) Storage area--any location, facility, or vehicle which is used to store or to secure a radiographic exposure device, a storage container, or a sealed source when it is not in use; and which is locked or has a physical barrier to prevent accidental exposure, tampering with, or unauthorized removal of the device, container, or source.

(19) Storage container--a device in which sealed sources are stored.

(20) Temporary jobsite--a place where licensed materials are present for the purpose of performing radiography, other than any permanent radiographic installation.

(b) Equipment. Equipment used in industrial radiographic operations must meet the following minimum criteria:

(1) Each radiographic exposure device and all associated equipment must meet the requirements specified in American National Standard N432-1980 "Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography", NBS Handbook 136, US Department of Commerce.[FN4]

(2) In addition to the requirements specified in paragraph (1) of this subdivision, the following requirements apply to radiographic exposure devices and associated equipment.

(i) Each radiographic exposure device must have attached to it by the user, a durable, legible, clearly visible label bearing the:

(a) chemical symbol and mass number of the radionuclide in the device;

(b) activity and the date on which this activity was last measured;

(c) model number and serial number of the sealed source;

(d) manufacturer of the sealed source; and

(e) licensee's name, address, and telephone number.

(ii) Radiographic exposure devices intended for use as Type B transport containers must meet applicable requirements of 10 Code of Federal Regulations, Part 71, 1994 edition.[FN5]

(iii) Modification of any exposure devices and associated equipment is prohibited.

(3) In addition to the requirements specified in paragraphs (1) and (2) of this subdivision, the following requirements apply to radiographic exposure devices, source assemblies, and associated equipment that allow the source to be moved out of the device for routine operation.

(i) The coupling between the source assembly and the control cable must be designed in such a manner that the source assembly will not become disconnected if cranked outside the guide tube. The coupling must be such that it cannot be unintentionally disconnected under normal and reasonably foreseeable abnormal conditions.

(ii) The device must automatically secure the source assembly when it is cranked back into the fully shielded position within the device. This securing system may only be released by means of a deliberate operation on the exposure device.

(iii) The outlet fittings, lock box, and drive cable fittings on each radiographic exposure device must be equipped with safety plugs or covers which must be installed during storage and transportation to protect the source assembly from water, mud, sand or other foreign matter.

(iv) Each sealed source or source assembly must have attached to it or engraved on it, a durable, legible, visible label with the words: "DANGER--RADIOACTIVE." The label must not interfere with the safe operation of the exposure device or associated equipment.

(v) Guide tubes must be used when moving the source out of the device.

(vi) The guide must have passed the crushing tests for the control tube as specified in ANSI N432 and a kinking resistance test that closely approximates the kinking forces likely to be encountered during use.

(vii) An exposure head or similar device designed to prevent the source assembly from passing out of the end of the guide tube must be attached to the outermost end of the guide tube during radiographic operations.

(viii) The guide tube exposure head connection must be able to withstand the tensile test for control units specified in ANSI N432.

(ix) Source changers must provide a system for assuring that the source will not be accidentally withdrawn from the changer when connecting or disconnecting the drive cable to or from a source assembly.

(4) All newly manufactured radiographic exposure devices and associated equipment acquired by licensees after January 10, 1992 must comply with the requirements of this section.

(5) All radiographic exposure devices, source assemblies, and associated equipment in use after January 10, 1996 must comply with the requirements of this section.

(6) All associated equipment acquired after January 10, 1996 must be labelled to identify that the components have met the requirements of this section.

(c) Limits on levels of radiation for radiographic exposure devices, storage containers, and source changes.

(1)

(i) Radiographic exposure devices measuring less than 10 centimeters (four inches) from the sealed source storage position to any exterior surface of the device shall have no radiation level in excess of 0.5 millisieverts (50 millirems) per hour at 15 centimeters (six inches) from any exterior surface of the device.

(ii) Radiographic exposure devices measuring a minimum of 10 centimeters (four inches) from the sealed source storage position to any exterior surface of the device, and all storage containers for sealed sources or for radiographic exposure devices, shall have no radiation level in excess of 2 millisieverts (200 millirems) per hour at any exterior surface, and 0.1 millisieverts (10 millirems) per hour at one meter from any exterior surface. The radiation levels specified are with the sealed source in the shielded (i.e., "off") position.

(2) Paragraph (1) of this subdivision applies to all equipment manufactured prior to January 10, 1992. After January 10, 1996, radiographic equipment other than storage containers and source changers must meet the requirements of subdivision (b) of this section, and subdivision (c) of this section applies only to storage containers.

(d) Locking and relocation of radiographic exposure devices, storage containers, and source changers.

(1) Locked radiographic exposure devices and storage containers shall be physically secured to prevent tampering.

(i) Each radiographic exposure device shall have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. The exposure device or its container shall be kept locked, (and if a keyed lock, with the key removed at all times), when not under the direct surveillance of a radiographer or a radiographer's assistant or as otherwise may be authorized in subdivision (p) of this section. In addition, during radiographic operations the sealed source assembly shall be manually secured in the shielded position each time the source is returned to that position, in those exposure devices manufactured prior to January 10, 1992.

(ii) Each sealed source storage container and source changer shall have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. Storage containers and source changers shall be kept locked when containing sealed sources except when under the direct surveillance of a radiographer or a radiographer's assistant.

(2) Radiographic exposure devices, source changers, and storage containers, prior to being moved from one location to another, shall be disassembled, safety plugs or covers applied, locked and physically secured to prevent accidental loss, tampering or removal of licensed material; and shall be surveyed to assure that the sealed source is in the shielded position before being moved.

(e) Radiation survey instruments.

(1) The licensee shall keep sufficient calibrated and operable radiation survey instruments at each temporary jobsite to make the radiation surveys required by this Part (rule). Instrumentation required by this section shall have a range such that 0.02 millisieverts (2 millirems) per hour through 0.01 Sievert (1 rem) per hour can be measured. Survey instruments shall be checked for operability prior to use. This may be accomplished by evaluating the instrument response to the previously measured fields at the projection sheath port or the control cable sheath port on a radiographic exposure device.

(2) The licensee shall have each radiation survey instrument required under paragraph (1) of this subdivision calibrated:

(i) at intervals not to exceed six months and after instrument servicing, except for battery changes;

(ii) for linear scale instruments, at two points located approximately 1/3 and 2/3 of full-scale on each scale; for logarithmic scale instruments, at midrange of each decade, and at two points of at least one decade; and for digital instruments, at appropriate points; and

(iii) so that an accuracy within plus or minus 20 percent of the calibration standard can be demonstrated on each scale.

(3) The licensee shall maintain records of the results of the instrument calibrations in accordance with subdivision (u) of this section.

(f) Leak testing and replacement of sealed sources.

(1) The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing of any sealed source, shall be performed only by persons specifically authorized by an agreement state or the United States Nuclear Regulatory Commission to do so.

(2) Testing and recordkeeping requirements.

(i) Each licensee who uses a sealed source shall have the source tested for leakage at intervals not to exceed six months.

(ii) The licensee shall maintain records of the leak tests in accordance with subdivision (v) of this section.

(iii) In the absence of a certificate from the transferor that a test has been made within the six months before the transfer, the sealed source may not be used until tested.

(3) Method of testing. The wipe of a sealed source must be performed using a leak test kit or method approved by an agreement state or the United States Nuclear Regulatory Commission, and must be analyzed by a person or company so approved. The wipe sample must be taken from the nearest accessible point to the sealed source where contamination might accumulate.

(4) Any test conducted pursuant to paragraphs (2) and (3) of this subdivision which reveals the presence of 185 Bq (0.005 microcuries) or more of removable radioactive material shall be considered evidence that the sealed source is leaking. The licensee shall immediately withdraw the equipment involved from use and shall cause it to be decontaminated and repaired or to be disposed of, in accordance with this Part (rule). A report shall also be filed, within five days of the test, with the department.

(g) Quarterly inventory.

(1) Each radiography licensee shall conduct a quarterly physical inventory to account for all sealed sources received and possessed under a license.

(2) The licensee shall maintain records of the quarterly inventory in accordance with subdivision (w) of this section.

(h) Inspection and maintenance of radiographic exposure devices, storage containers, associated equipment, and source changers.

(1) The licensee shall visually check for obvious defects in radiographic exposure devices, storage containers, associated equipment, and source changers prior to use each day the equipment is used to ensure that the equipment is in good working condition and that required labeling is present. If defects are found, the equipment must be removed from service until repaired, and a record must be made in accordance with subdivision (y) of this section.

(2) Each licensee shall have a program for inspection and routine maintenance of radiographic exposure devices, source changers, associated equipment and storage containers prior to the first use and at intervals not to exceed three months thereafter to ensure the proper functioning of components important to safety. If defects are found, the equipment must be removed from service until repaired. Records of such inspection, maintenance, removal from service and repair must be made in accordance with subdivision (y) of this section.

(3) Each exposure device using depleted uranium (DU) shielding and an "S" tube configuration shall be periodically tested for depleted uranium contamination. This test could be performed by the licensee using available test kits or the exposure device could be returned to the manufacturer for such testing. This test shall be undertaken at intervals not to exceed 12 months and should such testing reveal the presence of DU contamination, the exposure device must be removed from use and arrangements for proper disposal in accordance with this Part (rule) must be made.

(i) Permanent radiographic installations.

(1) Permanent radiographic installations shall have high radiation area entrance controls of the types described in section 38.25(d) of this Part (rule), and shall also meet the following special requirements.

(2) Each entrance that is used for personnel access to the high radiation area in a permanent radiographic installation to which this section applies shall have both visible and audible warning signals to warn of the presence of radiation. The visible signal shall be actuated by radiation whenever the source is exposed. The audible signal shall be actuated when an attempt is made to enter the installation while the source is exposed.

(3) The alarm system must be tested for proper operation at intervals not to exceed three months and the beginning of each day of equipment use. The daily test shall include a check of the visible and audible signals by a crank out of the exposure device prior to use of the room. If a control device or alarm is operating improperly, it shall be immediately labeled as defective and repaired before industrial radiographic operations are resumed. Test records shall be maintained in accordance with subdivision (z) of this section.

(j) Labels, storage, and transportation precautions.

(1) Labels.

(i) The licensee may not use a source changer or container to store licensed material unless the source changer or the container has securely attached to it a durable, legible, and clearly visible label. The label must contain the radiation symbol specified in section 38.25 of this Part (rule) and the wording "CAUTION (OR DANGER) RADIOACTIVE MATERIAL--DO NOT HANDLE, NOTIFY CIVIL AUTHORITIES (OR NAME OF COMPANY)".

(ii) The licensee may not transport licensed material unless the material is packaged, labeled, marked, and accompanied with appropriate shipping papers in accordance with the requirements of section 38.31 of this Part (rule).

(2) Security precautions during storage and transportation.

(i) Locked radiographic exposure devices and storage containers shall be physically secured to prevent tampering or removal by unauthorized personnel. The licensee shall store licensed material in a manner which will minimize danger from explosion or fire.

(ii) The licensee shall lock and physically secure the transport package containing licensed material in the transporting vehicle to prevent accidental loss, tampering, or unauthorized removal of the licensed material from the vehicle.

(k) Radiation safety officer. The radiation safety officer (RSO) shall ensure that radiation safety activities are being performed in accordance with approved procedures and regulatory requirements in the daily operation of the licensee's program.

(1) The RSO's qualification shall include:

(i) completion of the training and testing requirements of paragraph (l)(1) of this section; and

(ii) two years of documented experience in industrial radiographic operations, with at least 40 hours of formal classroom training with respect to the oversight of radiation protection programs.

(2) The specific duties of the RSO include, but are not limited to, the following:

(i) to establish and oversee operating, emergency, and ALARA procedures, and to review them regularly to ensure that the procedures are current and conform with these rules;

(ii) to oversee and approve all phases of the training program for radiographic personnel so that appropriate and effective radiation protection practices are taught;

(iii) to ensure that required radiation surveys and leak tests are performed and documented in accordance with these rules, including any corrective measures when levels of radiation exceed established limits;

(iv) to ensure that personnel monitoring devices are calibrated and used properly by occupationally exposed personnel, that records are kept of the monitoring results, and that timely notifications are made as required by section 38.29 of this Part (rule); and

(v) to ensure that operations are conducted safely and to assume control and have the authority to institute corrective actions, including stopping of operations, when necessary in emergency situations or unsafe conditions.

(l) Training.

(1) The licensee shall not permit any individual to act as radiographer until such individual:

(i) has been instructed in the subjects outlined in paragraph (6) of this subdivision;

(ii) has received copies of, and instruction in, regulations contained in this Part; in the license under which the radiographer will perform radiography, and the licensee's operating and emergency procedures;

(iii) has demonstrated competence to use the licensee's radiographic exposure devices, sealed sources, related handling tools, and survey instruments; and

(iv) has demonstrated understanding of the instructions in this paragraph by successful completion of a written test and a field examination on the subjects covered in paragraph (6) of this subdivision.

(2) The licensee shall not permit any individual to act as a radiographer's assistant until such individual:

(i) has received copies of and instruction in regulations contained in this Part, in the license under which the assistant radiographer will work, and the licensee's operating and emergency procedures;

(ii) has demonstrated competence to use, under the personal supervision of the radiographer, the radiographic exposure devices, sealed sources, related handling tools, and radiation survey instruments that the assistant will use; and

(iii) has demonstrated understanding of the instructions in this paragraph by successfully completing a written or oral test and a field examination on the subjects covered.

(3) The licensee shall provide periodic training for radiographers and radiographer's assistants at least once during each calendar year.

(4) The licensee shall conduct a semi-annual inspection program of the job performance of each radiographer and radiographer's assistant to ensure that these regulations, license requirements, and the applicant's operating and emergency procedures are followed. The inspection program must:

(i) include observation of the performance of each radiographer and radiographer's assistant during an actual radiographic operation at intervals not to exceed six months; and

(ii) provide that, if a radiographer or a radiographer's assistant has not participated in a radiographic operation for more than three months since the last inspection, that individual's performance must be observed and recorded the next time the individual participates in a radiographic operation.

(5) The licensee shall maintain records of the above training; to include written, oral, and field examinations, periodic training, and semi-annual inspections of job performance in accordance with subdivision (aa) of this section.

(6) The licensee shall include the following subjects in the training required in subparagraph (1)(i) of this subdivision:

(i) fundamentals of radiation safety including:

(a) characteristics of gamma radiation;

(b) units of radiation dose and quantity of radioactivity;

(c) hazards of exposure to radiation;

(d) levels of radiation from licensed material; and

(e) methods of controlling radiation dose (time, distance, and shielding);

(ii) radiation detection instruments including:

(a) use, operation, calibration, and limitations of radiation survey instruments;

(b) survey techniques; and

(c) use of personnel monitoring equipment;

(iii) equipment to be used including:

(a) operation and control of radiographic exposure equipment, remote handling equipment, and storage containers, including pictures or models of source assemblies (pigtails);

(b) storage, control, and disposal of licensed material; and

(c) maintenance of equipment;

(iv) the requirements of this Part (rule) and of pertinent Federal regulations; and

(v) case histories of accidents in radiography.

(m) Operating and emergency procedures.

(1) Operating and emergency procedures must include instructions in at least the following:

(i) the handling and use of licensed sealed sources and radiographic exposure devices to be employed, such that no person is likely to be exposed to radiation doses in excess of the limits established in this Part (rule);

(ii) methods and occasions for conducting radiation surveys;

(iii) methods for controlling access to radiographic areas;

(iv) methods and occasions for locking and securing radiographic exposure devices, storage containers and sealed sources;

(v) personnel monitoring and the use of personnel monitoring equipment;

(vi) transporting sealed sources to field locations, including packing of radiographic exposure devices and storage containers in the vehicles, placarding of vehicles when needed, and control of the sealed sources during transportation;

(vii) the inspection and maintenance of radiographic exposure devices and storage containers;

(viii) steps that must be taken immediately by radiography personnel in the event a pocket dosimeter is found to be off-scale;

(ix) the procedure(s) for identifying and reporting equipment malfunction, as required by section 38.29(b)(2)(iii) of this Part (rule).

(x) the procedure for notifying proper persons in the event of an accident;

(xi) minimizing exposure of persons in the event of an accident;

(xii) source recovery procedure if licensee will perform source recovery; and

(xiii) form of records.

(2) The licensee shall maintain copies of current operating and emergency procedures in accordance with subdivision (bb) of this section.

(n) Personnel monitoring.

(1) The licensee shall not permit any individual to act as a radiographer or a radiographer's assistant unless, at all times during radiographic operations, each such individual wears a direct reading pocket dosimeter, an alarm ratemeter, and either a film badge or a thermoluminescent dosimeter (TLD) except that for permanent radiography facilities where other appropriate alarming or warning devices are in routine use, the wearing of an alarming ratemeter is not required. Pocket dosimeters shall have a range from zero to 2 millisieverts (200 millirems) and shall be recharged at the start of each shift. In cases where the exposure will be greater than 2 millisieverts (200 millirems) an exemption must be applied for to use a pocket dosimeter with a higher endpoint. Each film badge and TLD shall be assigned to and worn by only one individual. Film badges and TLDs must be replaced at least monthly. After replacement, each film badge or TLD must be promptly processed.

(2) Pocket dosimeters must be read and the exposures recorded at the beginning and end of each shift, and records shall be maintained in accordance with subdivision (cc) of this section.

(3) Pocket dosimeters shall be checked at periods not to exceed 12 months for correct response to radiation, and records shall be maintained in accordance with subdivision (cc) of this section. Acceptable dosimeters shall read within plus or minus 30 percent of the true radiation exposure.

(4) If an individual's pocket dosimeter is found to be off scale, and the possibility of radiation exposure cannot be ruled out as the cause, his/her film badge or TLD shall be immediately sent for processing. In addition, the individual shall not work with licensed material until a determination of his/her radiation exposure has been made. This determination shall be made by the RSO or his/her designee. The results of this determination must be included in the records maintained in accordance with subdivision (cc) of this section.

(5) If a film badge or TLD is lost or damaged, the worker shall cease work immediately until a replacement film badge or TLD is provided and the exposure is calculated for the time period from issuance to loss or damage of the film badge or TLD.

(6) Reports received from the film badge or TLD processor must be retained in accordance with subdivision (cc) of this section.

(7) Each alarm ratemeter must:

(i) be checked to ensure that the alarm functions properly (sounds) prior to use at the start of each shift;

(ii) be set to give an alarm signal at a preset dose rate of 5 mSv/hr (500 mrem/hr); with an accuracy of plus or minus 20 percent of the true radiation dose rate;

(iii) require special means to change the preset alarm function;

(iv) have the alarm function turned "on" at all times during radiographic operations; and

(v) be calibrated at periods not to exceed 12 months for correct response to radiation. The licensee shall maintain records of alarm ratemeter calibrations in accordance with subdivision (cc) of this section.

(o) Radiation surveys. The licensee shall:

(1) Maintain at least one calibrated and operable radiation survey instrument that meets the requirements of subdivision (e) of this section at each location of its radiographic operations whenever radiographic operations are being performed, including a source exchange; and at the storage area, as defined in subdivision (a) of this section, whenever a radiographic exposure device, a storage container, or source is being placed in storage.

(2) Conduct a survey of the camera with a radiation survey instrument after each exposure to determine that the sealed source has been returned to its shielded position.

(3) Conduct a survey of the source guide tube to determine that the source has been returned to its shielded position prior to exchanging films, repositioning the collimator, or dismantling equipment.

(4) Conduct a survey with a radiation survey instrument any time the source is exchanged and whenever a radiographic exposure device is placed in a storage area, as defined in subdivision (a) of this section to determine that the sealed source is in its shielded position.

(5) For recordkeeping requirements see subdivision (dd) of this section.

(p) Security. During each radiographic operation the radiographer or radiographer's assistant shall maintain a continuous direct visual surveillance of the operation to protect against unauthorized entry into a high radiation area, as defined in this Part (rule), except:

(1) where the high radiation area is equipped with a control device or an alarm system as described in section 38.25(d) of this Part (rule); or

(2) where the high radiation area is locked to protect against unauthorized or accidental entry.

(q) Posting. Notwithstanding any provisions in section 38.25(b)(2) of this Part (rule), areas in which radiography is being performed shall be conspicuously posted as required by section 38.25(b)(1) of this Part (rule).

(r) Supervision of radiographers' assistants. Whenever a radiographer's assistant uses radiographic exposure devices, uses sealed sources or related source handling tools, or conducts radiation surveys required by paragraph (o)(2) of this section to determine that the sealed source has returned to the shielded position after an exposure, the assistant shall be under the personal supervision of a radiographer. The personal supervision shall include:

(1) the radiographer's personal presence at the site where the sealed sources are being used;

(2) the ability of the radiographer to give immediate assistance if required; and

(3) the radiographer's watching the assistant's performance of the operations referred to in this section.

(s) Requirements for radiographic operations conducted outside of a permanent radiographic installation. Whenever radiography will be performed outside of a permanent radiographic installation the radiographer must be accompanied by another qualified radiographer, or an individual with at least the qualifications of a radiographer's assistant, who is observing the operations and is capable of providing immediate assistance to prevent unauthorized entry. Radiography may not be performed if only one qualified individual is present.

(t) Records of receipt and transfer of sealed sources.

(1) Each licensee shall maintain records showing the receipts and transfers of sealed sources.

(2) These records shall include the date, the individual making the record, the radionuclide, number of curies, and make, model, and serial number of each sealed source and device, as appropriate.

(3) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(u) Records of radiation survey instruments.

(1) Each licensee shall maintain records of the calibrations of their radiation survey instruments.

(2) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(v) Records of leak testing and replacement of sealed sources.

(1) Each licensee shall maintain records of leak test results in units of becquerels (curies).

(2) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(w) Records of quarterly inventory.

(1) Each licensee shall maintain records of the quarterly inventory.

(2) The record shall include the quantities and kinds of radioactive material (including the model number, the serial number and manufacturer), location of sealed sources, the name of the individual conducting the inventory, and the date of the inventory.

(3) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(x) Utilization logs.

(1) Each licensee shall maintain current utilization logs at the address specified in the license, showing for each sealed source the following information:

(i) a description, including the make, model number, and serial number of the radiographic exposure device or storage container in which the sealed source is located;

(ii) the identity and signature of the radiographer to whom assigned; and

(iii) the plant or site where used and dates of use, including the dates removed and returned to storage.

(2) The licensee shall retain the logs required by paragraph (1) of this subdivision for three years after the log is made.

(y) Records of inspection and maintenance of radiographic exposure devices, storage containers, associated equipment, and source changers.

(1) Each licensee shall maintain records of inspection and maintenance of radiographic exposure devices, storage containers, associated equipment, and source changers.

(2) The record shall include the date of check, name of inspector, equipment involved, any defects found, and repairs made.

(3) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(z) Records of permanent radiographic installations.

(1) Each licensee shall maintain records of alarm system tests.

(2) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(aa) Records of training.

(1) Each licensee shall maintain records of training of each radiographer and each radiographer's assistant, to include copies of written tests, dates of oral tests, and field examinations.

(2) Each licensee shall maintain records of periodic training for each radiographer and each radiographer's assistant. The records must list the topics discussed, the dates of the reviews, and the attendees.

(3) The licensee shall retain the records required by paragraphs (1) and (2) of this subdivision for three years after the record is made.

(bb) Copies of operating and emergency procedures.

(1) Each licensee shall maintain a copy of current operating and emergency procedures.

(2) The licensee shall retain the records until the commissioner terminates the license.

(3) If procedures are superseded, the licensee shall retain the superseded material for three years after each change.

(cc) Records of personnel monitoring.

(1) Each licensee shall maintain records of daily exposures recorded from pocket dosimeter readings, and of yearly checks for correct dosimeter response to radiation within plus or minus 30 percent of true radiation exposure.

(2) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(3) Each licensee shall maintain records of reports received from the film badge or TLD processor.

(4) The licensee shall retain the records required by paragraph (3) until the commissioner terminates the license.

(5) Each licensee shall maintain records of the calibrations of alarm ratemeters for three years after the record is made.

(dd) Records of radiation surveys.

(1) Each licensee shall maintain records of the survey of a radiographic exposure device and source guide tube after the last exposure of the work day, after any source exchange, and whenever a device is placed in a storage area.

(2) The licensee shall retain the records required by paragraph (1) of this subdivision for three years after the record is made.

(ee) Form of records. Each record required by this Part (rule) must be legible throughout the specified retention period. The record may be the original or a reproduced copy, or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of reproducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records, such as letters, drawings, and specifications, must include all pertinent information, such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

(ff) Location of records. All records required by this Part (rule) must be maintained for inspection at the address listed on the license. However, if this address is not located within New York State the licensee shall, at the request of the commissioner, bring such records as pertain to use of radiation sources in New York State, to such location within the state as the commissioner may direct for the purpose of inspection.

(gg) Documents required at temporary jobsites. Each licensee conducting operations at a temporary jobsite shall maintain copies of the following documents and records at the temporary jobsite until the radiographic operation is completed:

(1) operating and emergency procedures required by subdivision (m) of this section;

(2) evidence of latest calibration of the radiation survey instruments in use at the site required by subdivision (u) of this section;

(3) the latest survey records, required by subdivision (dd) of this section;

(4) the shipping papers for the transportation of radioactive materials; and

(5) when operating under reciprocity pursuant to section 38.15 of this Part (rule), a copy of the license authorizing use of licensed materials.

(hh) Notification of incidents.

(1) In addition to the reporting requirements specified in section 38.29 of this Part (rule), each licensee shall provide a written report to the commissioner of the occurrence of any of the following incidents involving radiographic equipment:

(i) unintentional disconnection of the source assembly from the control cable;

(ii) inability to retract the source assembly to its full shielded position and secure it in this position;

(iii) failure of any component (critical to safe operation of the device) to properly perform its intended function.

(2) The licensee shall include the following information in each report submitted under paragraph (1) of this subdivision, and in each report of overexposure submitted under section 38.29(c) of this Part (rule) which involve failure of safety components of radiography equipment:

(i) a description of the equipment problem;

(ii) cause of each incident, if known;

(iii) manufacturer and model number of equipment involved in the incident;

(iv) place, time and date of the incident;

(v) actions taken to establish normal operations;

(vi) corrective actions taken or planned to prevent recurrence; and

(vii) qualifications of personnel involved in the incident.

[FN4] The documents referenced in this Part are available for review and copying at the New York State Department of Labor, State Office Campus, Building 12, Room 509, Albany, NY or the New York State Department of State, 162 Washington Avenue, Albany, NY.

[FN5] The documents referenced in this Part are available for review and copying at the New York State Department of Labor, State Office Campus, Building 12, Room 509, Albany, NY or the New York State Department of State, 162 Washington Avenue, Albany, NY.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.34