United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19401

Phone: 610/337-5330 Fax: 610/337-5241

Internet: dps@nrc.gov or vld@nrc.gov

I-96-56 August 23, 1996

Contact: Diane Screnci FOR IMMEDIATE RELEASE

Victor Dricks

NRC STAFF PROPOSES $2500 CIVIL PENALTY

AGAINST NATIONAL INSTITUTES OF HEALTH

The Nuclear Regulatory Commission staff has proposed a $2500

fine against the National Institutes of Health (NIH) for failing

to secure from unauthorized access licensed radioactive materials

used in research at the NIH campus in Bethesda, Maryland.

NRC found during inspections beginning on July 6 and October

23 of last year that small quantities of radioactive materials

were kept inside unlocked refrigerators within unlocked

laboratories, with no one present to control access to the

materials.

The violations found in July 1995 were identified by an NRC

augmented inspection team, while those identified in October 1995

were found by another NRC special team inspection. The augmented

inspection team was sent to NIH as the result of the ingestion of

radioactive phosphorus-32 by a pregnant researcher and 26

additional NIH staff members. Investigations of the ingestion of

radioactive material have not yet been completed, and NRC has not

yet reached a decision on enforcement action for these events.

In notifying NIH of the proposed fine, NRC Regional

Administrator Hubert J. Miller said, "It is a significant

regulatory concern that NRC inspectors repeatedly have been able

to gain access to licensed materials at your facility without

challenge, because it indicates that members of the public may do

so as well."

The NRC is particularly concerned with the number of examples

of this violation and the fact that previous violations of

security requirements were identified during NRC inspections in

April through May 1994, and in June 1995, Mr. Miller said.

NRC acknowledged that NIH has recently taken corrective

actions, including immediate confiscation of unsecured radioactive

materials, amendment of its security policy and initiation of a

security monitoring program. However, these corrective actions

were not appropriately comprehensive to prevent recurrence of the

security violations, NRC said. An additional NRC inspection on
November 7 through 9, 1995, identified three more instances in

which unattended licensed radioactive materials were not locked

up.

The NRC also cited NIH for several other violations, for

which fines were not proposed. The additional violations include:

-- Workers not wearing extremity radiation monitoring

badges, and not returning the film badges and ring

badges each month, as required;

-- Users obtaining radioactive materials without providing

required information regarding the identity of the

intended users or the signature of an authorized

investigator;

-- Researchers performing licensed activities without first

receiving required training; and

-- Failing to perform thyroid bioassay measurements of

researchers who handled certain quantities of Iodine125.

NIH has 30 days either to pay the fine or protest its

imposition.

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