Ga. Comp. R. & Regs. R. 391-3-17-.07 - Notices, Instructions, and Reports To Workers: Inspection and Investigations

(1) Purpose and Scope. This Rule, 391-3-17-.07, establishes requirements for notices, instructions, and reports by licensees to individuals engaged in activities under a license and options available to such individuals in connection with Division inspections of licensees to ascertain compliance with the provisions of the Act and Regulations, Orders, and licenses issued thereunder regarding radiological working conditions. The Regulations in this Rule apply to all persons who receive, possess, use, own, or transfer sources of radiation licensed by the Director pursuant to Rules 391-3-17-.02, .04, .05, .08, and .09.

(2) Posting of Notices to Workers.

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

1. This Rule and Rule 391-3-17-.03 of this Chapter;

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

3. The operating procedures applicable to activities under the license; and

4. Any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or Order issued pursuant to this Chapter, and any response from the licensee.

(b) If posting of a document specified in (2)(a)1., 2., or 3. of this Rule is not practicable, the licensee may post a notice which describes the document and states where it may be examined.

(c) Division's form "Notice to Employees" shall be posted by each licensee.

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

(e) Documents, notices, or forms posted pursuant to (2) of this Rule shall appear in a sufficient number of places to permit individuals engaged in work under the license 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.

(3) Instructions to Workers.

(a) All individuals who in the course of employment are likely to receive in a year an occupational dose in excess of 100 mrem (1 mSv) shall be:

1. Kept informed of the storage, transfer, or use of sources of radiation in the licensee's facility;

2. Instructed in the health protection problems associated with exposure to radiation or radioactive material to the individual and potential offspring, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed;

3. Instructed in, and instructed and required to observe, to the extent within the workers' control, the applicable provisions of this Chapter and the license for the protection of personnel from exposures to radiation or radioactive material;

4. Instructed of their responsibility to report promptly to the licensee any condition which may constitute, lead to, or cause a violation of the Act, this Chapter, and the license or unnecessary exposure to radiation or radioactive material;

5. Instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive material; and

6. Advised as to the radiation exposure reports which workers shall be furnished pursuant to (4) of this Rule.

(b) In determining those individuals subject to the requirements of (3)(a) above, licensees must take into consideration assigned activities during normal and abnormal situations involving exposure to radiation or radioactive material which can reasonably be expected to occur during the life of the facility. The extent of these instructions shall be commensurate with potential radiological health protection problems present in the workplace.

(4) Notifications 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, when required by Rule 391-3-17-.03(8)(b) of this Chapter, shall be reported to the individual as specified in (4) of this Rule. The information reported shall include data and results obtained pursuant to this Chapter, Orders, or license conditions, as shown in records maintained by the licensee pursuant to this Chapter. Each notification and report shall:

1. Be in writing;

2. Include appropriate identifying data such as the name of the licensee, the name of the individual, and the individual's identification number, preferably social security number;

3. Include the individual's exposure information; and

4. Contain the following statement: "This report is furnished to you under the provisions of Rule 391-3-17-.07. You should preserve this report for further reference."

(b) Each licensee shall furnish to each worker annually a written report of the worker's dose as shown in records maintained by the licensee pursuant to Rule 391-3-17-.03(14)(g) of this Chapter. The licensee shall provide an annual report to each individual monitored under .03(8)(b) of the dose received in that monitoring year if:

1. The individual's occupational dose exceeds 1 mSv (100 mrem) TEDE or 1 mSv (100 mrem) to any individual organ or tissue; or

2. The individual requests his or her annual dose report.

(c) Each licensee shall furnish a written report of a worker's exposure to sources of radiation at the request of the worker formerly engaged in activities controlled by the licensee. The report shall include the dose record for each year the worker was required to be monitored pursuant to Rule 391-3-17-.03(8)(b). 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, 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 in which the worker participated during this period.

(d) When a licensee is required pursuant to Rule 391-3-17-.03(15)(b), (c), and (d) of this Chapter to report to the Division any exposure of an individual to radiation or radioactive material, the licensee shall also provide the individual a report on his or her exposure data included in the report to the Division. Such reports shall be transmitted at a time not later than the transmittal to the Division.

(e) At the request of a worker who is terminating employment with the licensee in work involving exposure to radiation or radioactive material, during the current year, each licensee shall provide at termination to each such worker, or to the worker's designee, a written report regarding the radiation dose received by that worker from operations of the licensee during the current year or fraction thereof. If the most recent individual monitoring results are not available at that 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 and Workers During Inspection.

(a) Each licensee shall afford to the Division at all reasonable times opportunity to inspect materials, activities, facilities, premises, and records pursuant to this Chapter.

(b) During an inspection, Division inspectors may consult privately with workers as specified in (6) of this Rule. The licensee may accompany Division inspectors during other phases of an inspection.

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

(d) Each workers' representative shall be routinely engaged in work under control of the licensee and shall have received instructions as specified in (3) of this Rule.

(e) Different representatives of the licensee 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 workers' representative at a time may accompany the inspectors.

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

(g) Notwithstanding the other provisions of (5) of this Rule, Division inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to areas containing information classified by an agency of the U.S. Government in the interest of national security, an individual who accompanies an inspector may have access to such information only if authorized to do so. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee to enter that area.

(6) Consultation with Workers During Inspections.

(a) Division inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of this Chapter and the license to the extent the inspectors deem necessary for the conduct of an effective and thorough 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 the worker has reason to believe may have contributed to or caused any violation of the Act, this Chapter, or license conditions, or any unnecessary exposure of an individual to sources of radiation under the licensee's control. Any such notice in writing shall comply with the requirements of (7)(a) of this Rule.

(c) The provisions of (6)(b) of this Rule shall not be interpreted as authorization to disregard instructions pursuant to (3) of this Rule.

(7) Requests by Workers for Inspections

(a) Any worker or representative of workers believing that a violation of the Act, this Chapter, or license conditions exists or has occurred in work under a license 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 Division's Radioactive Materials Program. 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 by the Division no later than at the time of inspection except that, upon the request of the worker giving such notice, such worker's 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 Division, except for good cause shown.

(b) If, upon receipt of such notice, the Division determines that the complaint meets the requirements set forth in (7)(a) of this Rule, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection shall be made as soon as practicable to determine if such alleged violation exists or has occurred. Inspections pursuant to (7) of this Rule need not be limited to matters referred to in the complaint.

(c) No licensee or contractor or subcontractor of a licensee 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 this Chapter or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of such worker or others of any option afforded by this Rule.

(8) Inspections Not Warranted; Informal Review

(a) If the Division's Radioactive Materials Program determines, with respect to a complaint under (7) of this Rule, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Radioactive Materials Program 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 (7)(a) of this Rule. The complainant may obtain review of such determination by submitting a written statement of position with the Director of the Environmental Protection Division. The Division will provide the licensee with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee may submit an opposing written statement of position to the Director of the Environmental Protection Division who will provide the complainant with a copy of such statement by certified mail.

(b) Upon the request of the complainant, the Director of the Environmental Protection Division may hold an informal conference in which the complainant and the licensee may orally present their views. An informal conference may also be held at the request of the licensee, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written and oral views presented, the Director of the Environmental Protection Division shall affirm, modify, or reverse the determination of the Manager of Radioactive Materials Program, and furnish the complainant and the licensee a written notification of the decision and the reason for it.

Notes

Ga. Comp. R. & Regs. R. 391-3-17-.07

O.C.G.A. § 31-13-1 et seq., as amended.

Original Rule entitled "Notices, Instructions and Reports to Workers Inspections" adopted. F. May 2, 1991; eff. May 22, 1991. Amended: F. Feb. 24, 1994; eff. Mar. 16, 1994. Amended: F. Oct 4, 1994; eff. October 24, 1994. Amended: F. Apr. 16, 1997; eff. May 6, 1997. Amended: F. Mar. 29, 2002; eff. Apr. 18, 2002. Amended: F. Jan. 8, 2014; eff. Jan. 28, 2014. Amended: F. Jan. 28, 2019; eff. Feb. 17, 2019. Amended: New title "Notices, Instructions, and Reports To Workers: Inspection and Investigations." (Rule amended only to change the title, as specified by Agency.) F. Feb. 26, 2020; eff. Mar. 17, 2020.