[Code of Federal Regulations]
[Title 29, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.1096]
[Page 453-461]
TITLE 29--LABOR
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)--Table of Contents
Subpart Z--Toxic and Hazardous Substances
Sec. 1910.1096 Ionizing radiation.
(a) Definitions applicable to this section. (1) Radiation includes
alpha rays, beta rays, gamma rays, X-rays, neutrons, high-speed
electrons, high-speed protons, and other atomic particles; but such term
does not include sound or radio waves, or visible light, or infrared or
ultraviolet light.
(2) Radioactive material means any material which emits, by
spontaneous nuclear disintegration, corpuscular or electromagnetic
emanations.
(3) Restricted area means any area access to which is controlled by
the employer for purposes of protection of individuals from exposure to
radiation or radioactive materials.
(4) Unrestricted area means any area access to which is not
controlled by the employer for purposes of protection of individuals
from exposure to radiation or radioactive materials.
(5) Dose means the quantity of ionizing radiation absorbed, per unit
of mass, by the body or by any portion of the body. When the provisions
in this section specify a dose during a period of time, the dose is the
total quantity of radiation absorbed, per unit of mass, by the body or
by any portion of the body during such period of time. Several different
units of dose are in current use. Definitions of units used in this
section are set forth in paragraphs (a) (6) and (7) of this section.
(6) Rad means a measure of the dose of any ionizing radiation to
body tissues in terms of the energy absorbed per unit of mass of the
tissue. One rad is the dose corresponding to the absorption of 100 ergs
per gram of tissue (1 millirad (mrad)=0.001 rad).
(7) Rem means a measure of the dose of any ionizing radiation to
body tissue in terms of its estimated biological effect relative to a
dose of 1 roentgen (r) of X-rays (1 millirem (mrem)=0.001 rem). The
relation of the rem to other dose units depends upon the biological
effect under consideration and upon the conditions for irradiation. Each
of the following is considered to be equivalent to a dose of 1 rem:
(i) A dose of 1 roentgen due to X- or gamma radiation;
(ii) A dose of 1 rad due to X-, gamma, or beta radiation;
(iii) A dose of 0.1 rad due to neutrons or high energy protons;
(iv) A dose of 0.05 rad due to particles heavier than protons and
with sufficient energy to reach the lens of the eye;
(v) If it is more convenient to measure the neutron flux, or
equivalent, than to determine the neutron dose in rads, as provided in
paragraph (a)(7)(iii) of this section, 1 rem of neutron radiation may,
for purposes of the provisions in this section be assumed to be
equivalent to 14 million neutrons per square centimeter incident upon
the body; or, if there is sufficient information to estimate with
reasonable accuracy the approximate distribution in energy of the
neutrons, the incident number of neutrons per square centimeter
equivalent to 1 rem may be estimated from Table G-17:
Table G-17--Neutron Flux Dose Equivalents
------------------------------------------------------------------------
Average
Number of flux to
neutrons per deliver
square 100
Neutron energy (million electron volts centimeter millirem
(Mev)) equivalent to in 40
a dose of 1 hours
rem (neutrons/ (neutrons/
cm \2\) cm \2\ per
sec.)
------------------------------------------------------------------------
Thermal..................................... 970 x 10 \6\ 670
0.0001...................................... 720 x 10 \6\ 500
0.005....................................... 820 x 10 \6\ 570
0.02........................................ 400 x 10 \6\ 280
0.1......................................... 120 x 10 \6\ 80
0.5......................................... 43 x 10 \6\ 30
1.0......................................... 26 x 10 \6\ 18
2.5......................................... 29 x 10 \6\ 20
5.0......................................... 26 x 10 \6\ 18
7.5......................................... 24 x 10 \6\ 17
10.......................................... 24 x 10 \6\ 17
10 to 30.................................... 14 x 10 \6\ 10
------------------------------------------------------------------------
(8) For determining exposures to X- or gamma rays up to 3 Mev., the
dose limits specified in this section may be assumed to be equivalent to
the ``air dose''. For the purpose of this section air dose means that
the dose is measured by a properly calibrated appropriate instrument in
air at or near the body surface in the region of the highest dosage
rate.
(b) Exposure of individuals to radiation in restricted areas. (1)
Except as provided in paragraph (b)(2) of this section, no employer
shall possess, use, or transfer sources of ionizing radiation in such a
manner as to cause any individual in a restricted area to receive in
[[Page 454]]
any period of one calendar quarter from sources in the employer's
possession or control a dose in excess of the limits specified in Table
G-18:
Table G-18
------------------------------------------------------------------------
Rems per
calendar
quarter
------------------------------------------------------------------------
Whole body: Head and trunk; active blood-forming organs; 1\1/4\
lens of eyes; or gonads....................................
Hands and forearms; feet and ankles......................... 18\3/4\
Skin of whole body.......................................... 7\1/2\
------------------------------------------------------------------------
(2) An employer may permit an individual in a restricted area to
receive doses to the whole body greater than those permitted under
subparagraph (1) of this paragraph, so long as:
(i) During any calendar quarter the dose to the whole body shall not
exceed 3 rems; and
(ii) The dose to the whole body, when added to the accumulated
occupational dose to the whole body, shall not exceed 5 (N-18) rems,
where ``N'' equals the individual's age in years at his last birthday;
and
(iii) The employer maintains adequate past and current exposure
records which show that the addition of such a dose will not cause the
individual to exceed the amount authorized in this subparagraph. As used
in this subparagraph Dose to the whole body shall be deemed to include
any dose to the whole body, gonad, active bloodforming organs, head and
trunk, or lens of the eye.
(3) No employer shall permit any employee who is under 18 years of
age to receive in any period of one calendar quarter a dose in excess of
10 percent of the limits specified in Table G-18.
(4) Calendar quarter means any 3-month period determined as follows:
(i) The first period of any year may begin on any date in January:
Provided, That the second, third, and fourth periods accordingly begin
on the same date in April, July, and October, respectively, and that the
fourth period extends into January of the succeeding year, if necessary
to complete a 3-month quarter. During the first year of use of this
method of determination, the first period for that year shall also
include any additional days in January preceding the starting date for
the first period; or
(ii) The first period in a calendar year of 13 complete, consecutive
calendar weeks; the second period in a calendar year of 13 complete,
consecutive weeks; the third period in a calendar year of 13 complete,
consecutive calendar weeks; the fourth period in a calendar year of 13
complete, consecutive calendar weeks. If at the end of a calendar year
there are any days not falling within a complete calendar week of that
year, such days shall be included within the last complete calendar week
of that year. If at the beginning of any calendar year there are days
not falling within a complete calendar week of that year, such days
shall be included within the last complete calendar week of the previous
year; or
(iii) The four periods in a calendar year may consist of the first
14 complete, consecutive calendar weeks; the next 12 complete,
consecutive calendar weeks, the next 14 complete, consecutive calendar
weeks, and the last 12 complete, consecutive calendar weeks. If at the
end of a calendar year there are any days not falling within a complete
calendar week of that year, such days shall be included (for purposes of
this section) within the last complete calendar week of the year. If at
the beginning of any calendar year there are days not falling within a
complete calendar week of that year, such days shall be included (for
purposes of this section) within the last complete week of the previous
year.
(c) Exposure to airborne radioactive material. (1) No employer shall
possess, use or transport radioactive material in such a manner as to
cause any employee, within a restricted area, to be exposed to airborne
radioactive material in an average concentration in excess of the limits
specified in Table 1 of appendix B to 10 CFR part 20. The limits given
in Table 1 are for exposure to the concentrations specified for 40 hours
in any workweek of 7 consecutive days. In any such period where the
number of hours of exposure is less than 40, the limits specified in the
table may be increased proportionately. In any such period where the
number of hours of exposure is greater than 40, the limits specified in
the table shall be decreased proportionately.
[[Page 455]]
(2) No employer shall possess, use, or transfer radioactive material
in such a manner as to cause any individual within a restricted area,
who is under 18 years of age, to be exposed to airborne radioactive
material in an average concentration in excess of the limits specified
in Table II of appendix B to 10 CFR part 20. For purposes of this
paragraph, concentrations may be averaged over periods not greater than
1 week.
(3) Exposed as used in this paragraph means that the individual is
present in an airborne concentration. No allowance shall be made for the
use of protective clothing or equipment, or particle size.
(d) Precautionary procedures and personal monitoring. (1) Every
employer shall make such surveys as may be necessary for him to comply
with the provisions in this section. Survey means an evaluation of the
radiation hazards incident to the production, use, release, disposal, or
presence of radioactive materials or other sources of radiation under a
specific set of conditions. When appropriate, such evaluation includes a
physical survey of the location of materials and equipment, and
measurements of levels of radiation or concentrations of radioactive
material present.
(2) Every employer shall supply appropriate personnel monitoring
equipment, such as film badges, pocket chambers, pocket dosimeters, or
film rings, and shall require the use of such equipment by:
(i) Each employee who enters a restricted area under such
circumstances that he receives, or is likely to receive, a dose in any
calendar quarter in excess of 25 percent of the applicable value
specified in paragraph (b)(1) of this section; and
(ii) Each employee under 18 years of age who enters a restricted
area under such circumstances that he receives, or is likely to receive,
a dose in any calendar quarter in excess of 5 percent of the applicable
value specified in paragraph (b)(1) of this section; and
(iii) Each employee who enters a high radiation area.
(3) As used in this section:
(i) Personnel monitoring equipment means devices designed to be worn
or carried by an individual for the purpose of measuring the dose
received (e.g., film badges, pocket chambers, pocket dosimeters, film
rings, etc.);
(ii) Radiation area means any area, accessible to personnel, in
which there exists radiation at such levels that a major portion of the
body could receive in any 1 hour a dose in excess of 5 millirem, or in
any 5 consecutive days a dose in excess of 100 millirem; and
(iii) High radiation area means any area, accessible to personnel,
in which there exists radiation at such levels that a major portion of
the body could receive in any one hour a dose in excess of 100 millirem.
(e) Caution signs, labels, and signals--(1) General. (i) Symbols
prescribed by this paragraph shall use the conventional radiation
caution colors (magenta or purple on yellow background). The symbol
prescribed by this paragraph is the conventional three-bladed design:
[GRAPHIC] [TIFF OMITTED] TC28OC91.041
Figure G-10
(ii) [Reserved]
(2) Radiation area. Each radiation area shall be conspicuously
posted with a sign or signs bearing the radiation
[[Page 456]]
caution symbol described in subparagraph (1) of this paragraph and the
words:
CAUTION
RADIATION AREA
(3) High radiation area. (i) Each high radiation area shall be
conspicuously posted with a sign or signs bearing the radiation caution
symbol and the words:
CAUTION
HIGH RADIATION AREA
(ii) Each high radiation area shall be equipped with a control
device which shall either cause the level of radiation to be reduced
below that at which an individual might receive a dose of 100 millirems
in 1 hour upon entry into the area or shall energize a conspicuous
visible or audible alarm signal in such a manner that the individual
entering and the employer or a supervisor of the activity are made aware
of the entry. In the case of a high radiation area established for a
period of 30 days or less, such control device is not required.
(4) Airborne radioactivity area. (i) As used in the provisions of
this section, airborne radioactivity area means:
(a) Any room, enclosure, or operating area in which airborne
radioactive materials, composed wholly or partly of radioactive
material, exist in concentrations in excess of the amounts specified in
column 1 of Table 1 of appendix B to 10 CFR part 20 or
(b) Any room, enclosure, or operating area in which airborne
radioactive materials exist in concentrations which, averaged over the
number of hours in any week during which individuals are in the area,
exceed 25 percent of the amounts specified in column 1 of Table 1 of
appendix B to 10 CFR part 20.
(ii) Each airborne radioactivity area shall be conspicuously posted
with a sign or signs bearing the radiation caution symbol described in
paragraph (e)(1) of this section and the words:
CAUTION
AIRBORNE RADIOACTIVITY AREA
(5) Additional requirements.(i) Each area or room in which
radioactive material is used or stored and which contains any
radioactive material (other than natural uranium or thorium) in any
amount exceeding 10 times the quantity of such material specified in
appendix C to 10 CFR part 20 shall be conspicuously posted with a sign
or signs bearing the radiation caution symbol described in paragraph
(e)(1) of this section and the words:
CAUTION
RADIOACTIVE MATERIALS
(ii) Each area or room in which natural uranium or thorium is used
or stored in an amount exceeding 100 times the quantity of such material
specified in 10 CFR part 20 shall be conspicuously posted with a sign or
signs bearing the radiation caution symbol described in paragraph (e)(1)
of this section and the words:
CAUTION
RADIOACTIVE MATERIALS
(6) Containers. (i) Each container in which is transported, stored,
or used a quantity of any radioactive material (other than natural
uranium or thorium) greater than the quantity of such material specified
in appendix C to 10 CFR part 20 shall bear a durable, clearly visible
label bearing the radiation caution symbol described in paragraph (e)(1)
of this section and the words:
CAUTION
RADIOACTIVE MATERIALS
(ii) Each container in which natural uranium or thorium is
transported, stored, or used in a quantity greater than 10 times the
quantity specified in appendix C to 10 CFR part 20 shall bear a durable,
clearly visible label bearing the radiation caution symbol described in
paragraph (e)(1) of this section and the words:
CAUTION
RADIOACTIVE MATERIALS
(iii) Notwithstanding the provisions of paragraphs (e)(6) (i) and
(ii) of this section a label shall not be required:
(a) If the concentration of the material in the container does not
exceed that specified in column 2 of Table 1 of appendix B to 10 CFR
part 20, or
(b) For laboratory containers, such as beakers, flasks, and test
tubes, used transiently in laboratory procedures, when the user is
present.
[[Page 457]]
(iv) Where containers are used for storage, the labels required in
this subparagraph shall state also the quantities and kinds of
radioactive materials in the containers and the date of measurement of
the quantities.
(f) Immediate evacuation warning signal--(1) Signal characteristics.
(i) The signal shall be a midfrequency complex sound wave amplitude
modulated at a subsonic frequency. The complex sound wave in free space
shall have a fundamental frequency (f1) between 450 and 500
hertz (Hz) modulated at a subsonic rate between 4 and 5 hertz.
(ii) The signal generator shall not be less than 75 decibels at
every location where an individual may be present whose immediate,
rapid, and complete evacuation is essential.
(iii) A sufficient number of signal units shall be installed such
that the requirements of paragraph (f)(1)(ii) of this section are met at
every location where an individual may be present whose immediate,
rapid, and complete evacuation is essential.
(iv) The signal shall be unique in the plant or facility in which it
is installed.
(v) The minimum duration of the signal shall be sufficient to insure
that all affected persons hear the signal.
(vi) The signal-generating system shall respond automatically to an
initiating event without requiring any human action to sound the signal.
(2) Design objectives. (i) The signal-generating system shall be
designed to incorporate components which enable the system to produce
the desired signal each time it is activated within one-half second of
activation.
(ii) The signal-generating system shall be provided with an
automatically activated secondary power supply which is adequate to
simultaneously power all emergency equipment to which it is connected,
if operation during power failure is necessary, except in those systems
using batteries as the primary source of power.
(iii) All components of the signal-generating system shall be
located to provide maximum practicable protection against damage in case
of fire, explosion, corrosive atmosphere, or other environmental
extremes consistent with adequate system performance.
(iv) The signal-generating system shall be designed with the minimum
number of components necessary to make it function as intended, and
should utilize components which do not require frequent servicing such
as lubrication or cleaning.
(v) Where several activating devices feed activating information to
a central signal generator, failure of any activating device shall not
render the signal-generator system inoperable to activating information
from the remaining devices.
(vi) The signal-generating system shall be designed to enhance the
probability that alarm occurs only when immediate evacuation is
warranted. The number of false alarms shall not be so great that the
signal will come to be disregarded and shall be low enough to minimize
personal injuries or excessive property damage that might result from
such evacuation.
(3) Testing. (i) Initial tests, inspections, and checks of the
signal-generating system shall be made to verify that the fabrication
and installation were made in accordance with design plans and
specifications and to develop a thorough knowledge of the performance of
the system and all components under normal and hostile conditions.
(ii) Once the system has been placed in service, periodic tests,
inspections, and checks shall be made to minimize the possibility of
malfunction.
(iii) Following significant alterations or revisions to the system,
tests and checks similar to the initial installation tests shall be
made.
(iv) Tests shall be designed to minimize hazards while conducting
the tests.
(v) Prior to normal operation the signal-generating system shall be
checked physically and functionally to assure reliability and to
demonstrate accuracy and performance. Specific tests shall include:
(a) All power sources.
(b) Calibration and calibration stability.
(c) Trip levels and stability.
(d) Continuity of function with loss and return of required services
such as AC or DC power, air pressure, etc.
(e) All indicators.
[[Page 458]]
(f) Trouble indicator circuits and signals, where used.
(g) Air pressure (if used)
(h) Determine that sound level of the signal is within the limit of
paragraph (f)(1)(ii) of this section at all points that require
immediate evacuation.
(vi) In addition to the initial startup and operating tests,
periodic scheduled performance tests and status checks must be made to
insure that the system is at all times operating within design limits
and capable of the required response. Specific periodic tests or checks
or both shall include:
(a) Adequacy of signal activation device.
(b) All power sources.
(c) Function of all alarm circuits and trouble indicator circuits
including trip levels.
(d) Air pressure (if used).
(e) Function of entire system including operation without power
where required.
(f) Complete operational tests including sounding of the signal and
determination that sound levels are adequate.
(vii) Periodic tests shall be scheduled on the basis of need,
experience, difficulty, and disruption of operations. The entire system
should be operationally tested at least quarterly.
(viii) All employees whose work may necessitate their presence in an
area covered by the signal shall be made familiar with the actual sound
of the signal--preferably as it sounds at their work location. Before
placing the system into operation, all employees normally working in the
area shall be made acquainted with the signal by actual demonstration at
their work locations.
(g) Exceptions from posting requirements. Notwithstanding the
provisions of paragraph (e) of this section:
(1) A room or area is not required to be posted with a caution sign
because of the presence of a sealed source, provided the radiation level
12 inches from the surface of the source container or housing does not
exceed 5 millirem per hour.
(2) Rooms or other areas in onsite medical facilities are not
required to be posted with caution signs because of the presence of
patients containing radioactive material, provided that there are
personnel in attendance who shall take the precautions necessary to
prevent the exposure of any individual to radiation or radioactive
material in excess of the limits established in the provisions of this
section.
(3) Caution signs are not required to be posted at areas or rooms
containing radioactive materials for periods of less than 8 hours:
Provided, That
(i) The materials are constantly attended during such periods by an
individual who shall take the precautions necessary to prevent the
exposure of any individual to radiation or radioactive materials in
excess of the limits established in the provisions of this section; and
(ii) Such area or room is subject to the employer's control.
(h) Exemptions for radioactive materials packaged for shipment.
Radioactive materials packaged and labeled in accordance with
regulations of the Department of Transportation published in 49 CFR
Chapter I, are exempt from the labeling and posting requirements of this
subpart during shipment, provided that the inside containers are labeled
in accordance with the provisions of paragraph (e) of this section.
(i) Instruction of personnel, posting. (1) Employers regulated by
the Nuclear Regulatory Commission shall be governed by 10 CFR part 20
standards. Employers in a State named in paragraph (p)(3) of this
section shall be governed by the requirements of the laws and
regulations of that State. All other employers shall be regulated by the
following:
(2) All individuals working in or frequenting any portion of a
radiation area shall be informed of the occurrence of radioactive
materials or of radiation in such portions of the radiation area; shall
be instructed in the safety problems associated with exposure to such
materials or radiation and in precautions or devices to minimize
exposure; shall be instructed in the applicable provisions of this
section for the protection of employees from exposure to radiation or
radioactive materials; and shall be advised of reports of radiation
exposure which employees may request pursuant to the regulations in this
section.
[[Page 459]]
(3) Each employer to whom this section applies shall post a current
copy of its provisions and a copy of the operating procedures applicable
to the work conspicuously in such locations as to insure that employees
working in or frequenting radiation areas will observe these documents
on the way to and from their place of employment, or shall keep such
documents available for examination of employees upon request.
(j) Storage of radioactive materials. Radioactive materials stored
in a nonradiation area shall be secured against unauthorized removal
from the place of storage.
(k) Waste disposal. No employer shall dispose of radioactive
material except by transfer to an authorized recipient, or in a manner
approved by the Nuclear Regulatory Commission or a State named in
paragraph (p)(3) of this section.
(l) Notification of incidents--(1) Immediate notification. Each
employer shall immediately notify the Assistant Secretary of Labor or
his duly authorized representative, for employees not protected by the
Nuclear Regulatory Commission by means of 10 CFR part 20; paragraph
(p)(2) of this section, or the requirements of the laws and regulations
of States named in paragraph (p)(3) of this section, by telephone or
telegraph of any incident involving radiation which may have caused or
threatens to cause:
(i) Exposure of the whole body of any individual to 25 rems or more
of radiation; exposure of the skin of the whole body of any individual
to 150 rems or more of radiation; or exposure of the feet, ankles,
hands, or forearms of any individual to 375 rems or more of radiation;
or
(ii) The release of radioactive material in concentrations which, if
averaged over a period of 24 hours, would exceed 5,000 times the limit
specified for such materials in Table II of appendix B to 10 CFR part
20.
(2) Twenty-four hour notification. Each employer shall within 24
hours following its occurrence notify the Assistant Secretary of Labor
or his duly authorized representative for employees not protected by the
Nuclear Regulatory Commission by means of 10 CFR part 20; paragraph
(p)(2) of this section, or the requirements of the laws and applicable
regulations of States named in paragraph (p)(3) of this section, by
telephone or telegraph of any incident involving radiation which may
have caused or threatens to cause:
(i) Exposure of the whole body of any individual to 5 rems or more
of radiation; exposure of the skin of the whole body of any individual
to 30 rems or more of radiation; or exposure of the feet, ankles, hands,
or forearms to 75 rems or more of radiation; or
(ii) [Reserved]
(m) Reports of overexposure and excessive levels and concentrations.
(1) In addition to any notification required by paragraph (1) of this
section each employer shall make a report in writing within 30 days to
the Assistant Secretary of Labor or his duly authorized representative,
for employees not protected by the Nuclear Regulatory Commission by
means of 10 CFR part 20; or under paragraph (p)(2) of this section, or
the requirements of the laws and regulations of States named in
paragraph (p)(3) of this section, of each exposure of an individual to
radiation or concentrations of radioactive material in excess of any
applicable limit in this section. Each report required under this
paragraph shall describe the extent of exposure of persons to radiation
or to radioactive material; levels of radiation and concentration of
radioactive material involved, the cause of the exposure, levels of
concentrations; and corrective steps taken or planned to assure against
a recurrence.
(2) In any case where an employer is required pursuant to the
provisions of this paragraph to report to the U.S. Department of Labor
any exposure of an individual to radiation or to concentrations of
radioactive material, the employer shall also notify such individual of
the nature and extent of exposure. Such notice shall be in writing and
shall contain the following statement: ``You should preserve this report
for future reference.''
(n) Records. (1) Every employer shall maintain records of the
radiation exposure of all employees for whom personnel monitoring is
required under paragraph (d) of this section and advise
[[Page 460]]
each of his employees of his individual exposure on at least an annual
basis.
(2) Every employer shall maintain records in the same units used in
tables in paragraph (b) of this section and appendix B to 10 CFR part
20.
(o) Disclosure to former employee of individual employee's record.
(1) At the request of a former employee an employer shall furnish to the
employee a report of the employee's exposure to radiation as shown in
records maintained by the employer pursuant to paragraph (n)(1) of this
section. Such report shall be furnished within 30 days from the time the
request is made, and shall cover each calendar quarter of the
individual's employment involving exposure to radiation or such lesser
period as may be requested by the employee. The report shall also
include the results of any calculations and analysis of radioactive
material deposited in the body of the employee. The report shall be in
writing and contain the following statement: ``You should preserve this
report for future reference.''
(2) [Reserved]
(p) Nuclear Regulatory Commission licensees--NRC contractors
operating NRC plants and facilities--NRC Agreement State licensees or
registrants. (1) Any employer who possesses or uses source material,
byproduct material, or special nuclear material, as defined in the
Atomic Energy Act of 1954, as amended, under a license issued by the
Nuclear Regulatory Commission and in accordance with the requirements of
10 CFR part 20 shall be deemed to be in compliance with the requirements
of this section with respect to such possession and use.
(2) NRC contractors operating NRC plants and facilities: Any
employer who possesses or uses source material, byproduct material,
special nuclear material, or other radiation sources under a contract
with the Nuclear Regulatory Commission for the operation of NRC plants
and facilities and in accordance with the standards, procedures, and
other requirements for radiation protection established by the
Commission for such contract pursuant to the Atomic Energy Act of 1954
as amended (42 U.S.C. 2011 et seq.), shall be deemed to be in compliance
with the requirements of this section with respect to such possession
and use.
(3) NRC-agreement State licensees or registrants:
(i) Atomic Energy Act sources. Any employer who possesses or uses
source material, byproduct material, or special nuclear material, as
defined in the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et
seq.), and has either registered such sources with, or is operating
under a license issued by, a State which has an agreement in effect with
the Nuclear Regulatory Commission pursuant to section 274(b) (42 U.S.C.
2021(b)) of the Atomic Energy Act of 1954, as amended, and in accordance
with the requirements of that State's laws and regulations shall be
deemed to be in compliance with the radiation requirements of this
section, insofar as his possession and use of such material is
concerned, unless the Secretary of Labor, after conference with the
Nuclear Regulatory Commission, shall determine that the State's program
for control of these radiation sources is incompatible with the
requirements of this section. Such agreements currently are in effect
only in the States of Alabama, Arkansas, California, Kansas, Kentucky,
Florida, Mississippi, New Hampshire, New York, North Carolina, Texas,
Tennessee, Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska,
Washington, Maryland, North Dakota, South Carolina, and Georgia.
(ii) Other sources. Any employer who possesses or uses radiation
sources other than source material, byproduct material, or special
nuclear material, as defined in the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2011 et seq.), and has either registered such sources
with, or is operating under a license issued by a State which has an
agreement in effect with the Nuclear Regulatory Commission pursuant to
section 274(b) (42 U.S.C. 2021(b)) of the Atomic Energy Act of 1954, as
amended, and in accordance with the requirements of that State's laws
and regulations shall be deemed to be in compliance with the radiation
requirements of this section, insofar as his possession and use of such
material is concerned, provided the State's program for control of these
radiation sources is the subject
[[Page 461]]
of a currently effective determination by the Assistant Secretary of
Labor that such program is compatible with the requirements of this
section. Such determinations currently are in effect only in the States
of Alabama, Arkansas, California, Kansas, Kentucky, Florida,
Mississippi, New Hampshire, New York, North Carolina, Texas, Tennessee,
Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska, Washington,
Maryland, North Dakota, South Carolina, and Georgia.
[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978;
43 FR 51759, Nov. 7, 1978; 49 FR 18295, Apr. 30, 1984; 58 FR 35309, June
30, 1993. Redesignated at 61 FR 31430, June 20, 1996]