justicedao/ipfs_state_laws huggingface dataset:
333-120-0210 Surveys and Monitoring: Conditions Requiring Individual Monitoring of External and Internal Occupational Dose Each licensee or registrant must monitor exposures to radiation and radioactive material at levels sufficient to demonstrate compliance with the occupational dose limits of this division. As a minimum: (1) Each licensee or registrant must monitor occupational exposure to radiation and must supply and require the use of individual monitoring devices by: (a) Adults likely to receive, in one year from sources external to the body, a dose in excess of 10 percent of the limits in OAR 333-120-0100(1); (b) Minors likely to receive, in one year from sources external to the body, a dose in excess of 10 percent of any of the applicable limits in OAR 333-120-0160 or 333-120-0170; (c) Declared pregnant women likely to receive during the entire pregnancy, from radiation sources external to the body, a deep dose equivalent in excess of one mSv (0.1 rem). An individual monitoring device used for the dose to an embryo/fetus of a declared pregnant woman, pursuant to OAR 333-120-0170(1), must be located under the protective apron at the waist; and (d) Individuals entering a high or very high radiation area. (2) An individual monitoring device used for lens dose equivalent must be located at the neck, or an unshielded location closer to the lens, outside the protective apron. (3) When only one individual monitoring device is used to determine the effective dose equivalent for external radiation pursuant to OAR 333-120-0100(3)(b) it must be located at the neck outside the protective apron. When a second individual monitoring device is used, for the same purpose, it must be located under the protective apron at the waist. The second individual monitoring device is required for a declared pregnant woman. (4) Each licensee or registrant must monitor (OAR 333-120-0130) the occupational intake of radioactive material by and assess the committed effective dose equivalent to: (a) Adults likely to receive, in one year, an intake in excess of 10 percent of the applicable ALI(s) in 10 CFR Part 20 Table 1, Columns 1 and 2, of Appendix B to 20.1001 to 20.2401; and (b) Minors likely to receive, in one year, from radiation sources external to the body, a deep dose equivalent in excess of one mSv (0.1 rem), a lens dose equivalent in excess of 0.15 rem (1.5 mSv), or a shallow dose equivalent to the skin or to the extremities in excess of 0.5 rem (5 mSv). (c) Declared pregnant women likely to receive, during the entire pregnancy, from radiation sources external to the body, a committed effective dose equivalent in excess of 0.1 rem (1 mSv). Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 234-2018, amend filed 08/02/2018, effective 08/16/2018 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0215 Surveys and Monitoring: Location of Individual Monitoring Devices Each licensee or registrant must ensure that individuals who are required to monitor occupational doses in accordance with OAR 333-120-0210(1) wear individual monitoring devices as follows: (1) An individual monitoring device used for monitoring the dose to the whole body must be worn at the unshielded location of the whole body likely to receive the highest exposure. When a protective apron is worn, the location of the individual monitoring device is typically at the neck (collar); (2) An individual monitoring device used for monitoring the dose to an embryo/fetus of a declared pregnant woman, pursuant to OAR 333-120-0170(1), must be located at the waist under any protective apron being worn by the woman; (3) An individual monitoring device used for monitoring the lens dose equivalent, to demonstrate compliance with OAR 333-120-0100(1)(b)(A), must be located at the neck (collar), outside any protective apron being worn by the monitored individual, or at an unshielded location closer to the eye; (4) An individual monitoring device used for monitoring the dose to the extremities, to demonstrate compliance with OAR 333-120-0100(1)(b)(B), must be worn on the extremity likely to receive the highest exposure. Each individual monitoring device must be oriented to measure the highest dose to the extremity being monitored. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-120-0230 Control of Exposure from External Sources in Restricted Areas: Control of Access to Very High Radiation Areas (1) In addition to the requirements in OAR 333-120-0220, the licensee or registrant must institute additional measures to ensure that an individual is not able to gain unauthorized or inadvertent access to areas in which radiation levels could be encountered at five gray (500 rad) or more in one hour at one meter from a radiation source or any surface through which the radiation penetrates. (2) The licensee or registrant is not required to control entrance or access to rooms or other areas containing sources of radiation capable of producing a very high radiation area as described in OAR 333-120-0220 if the licensee or registrant has met all the specific requirements for access and control specified in OAR chapter 333, division 105 (industrial radiography), division 106 (X-rays in the healing arts), division 109 (particle accelerators), and division 123 (therapeutic radiation machines). Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0250 Storage and Control of Licensed Material: Security of Stored Material (1) The licensee must secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas. (2) The registrant must secure registered radiation machines from unauthorized removal. (3) The registrant must use devices or administrative procedures to prevent unauthorized use of registered radiation machines. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0260 Storage and Control of Licensed Material: Control of Material Not in Storage The licensee must control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0300 Respiratory Protection and Controls to Restrict Internal Exposure in Restricted Areas: Use of Process or Other Engineering Controls The licensee must use, to the extent practicable, process or other engineering controls (e.g., containment or ventilation) to control the concentrations of radioactive material in air. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0310 Respiratory Protection and Controls to Restrict Internal Exposure in Restricted Areas: Use of Other Controls (1) When it is not practicable to apply process or other engineering controls to control the concentrations of radioactive material in air to values below those that define an airborne radioactivity area, the licensee must, consistent with maintaining the total effective dose equivalent ALARA, increase monitoring and limit intakes by one or more of the following means: (a) Control of access; (b) Limitations of exposure times; (c) Use of respiratory protection equipment; or (d) Other controls. (2) If the licensee performs an ALARA analysis to determine whether or not respirators should be used, the licensee may consider safety factors other than radiological factors. The licensee should also consider the impact of respirator use on workers' industrial health and safety. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0330 Respiratory Protection and Controls to Restrict Internal Exposure in Restricted Areas: Further Restrictions on the Use of Respiratory Protection Equipment The Authority may impose restrictions in addition to those in OAR 333-120-0310 and 333-120-0320, and 10 CFR, Part 20, Appendix A to 20.1001 to 20.2401 to: (1) Ensure that the respiratory protection program of the licensee is adequate to limit exposures of individuals to airborne radioactive materials; and (2) Limit the extent to which a licensee may use respiratory protection equipment instead of process or other engineering controls. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0340 Respiratory Protection and Controls to Restrict Internal Exposure in Restricted Areas: Application for Use of Higher Assigned Protection Factors The licensee shall obtain authorization from the Authority before using assigned protection factors in excess of those specified in 10 CFR Part 20, Appendix A. The Authority may authorize a licensee to use higher assigned protection factors on receipt of an application that: (1) Describes the situation for which a need exists for higher protection factors; and (2) Demonstrates that the respiratory protection equipment provides these higher protection factors under the proposed conditions of use. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 14-2008, f. & cert. ef. 9-15-08
333-120-0400 Precautionary Procedures: Caution Signs (1) Standard radiation symbol: Unless otherwise authorized by the Authority, the symbol prescribed by this division must use the colors magenta, purple, or black on yellow background. The symbol prescribed by this division is the three-bladed design: [Symbol not included. See ED. NOTE.] (a) Cross-hatched area is to be magenta, or purple, or black; and (b) The background is to be yellow. (2) Exception To Color Requirements For Standard Radiation Symbol. Notwithstanding the requirements of section (1) of this rule, licensees and registrants are authorized to label sources, source holders, or device components containing sources of licensed materials that are subjected to high temperatures, with conspicuously etched or stamped radiation caution symbols and without a color requirement. (3) Additional Information On Signs and Labels. In addition to the contents of signs and labels prescribed in this division, the licensee may provide, on or near the required signs and labels, additional information, as appropriate, to make individuals aware of potential radiation exposures and to minimize the exposures. [ED NOTE: Symbol referenced is available from the agency.] Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 24-1994, f. & cert. ef. 9-6-94 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0410 Precautionary Procedures: Posting Requirements (1) Posting of radiation areas: The licensee or registrant must post each radiation area with a conspicuous sign or signs bearing the radiation symbol and the words "Caution, Radiation Area." (2) Posting of high radiation areas: The licensee or registrant must post each high radiation area with a conspicuous sign or signs bearing the radiation symbol and the words "Caution, High Radiation Area" or "Danger, High Radiation Area." (3) Posting of very high radiation areas: The licensee or registrant must post each very high radiation area with a conspicuous sign or signs bearing the radiation symbol and words "Grave Danger, Very High Radiation Area." (4) Posting of airborne radioactivity areas: The licensee must post each airborne radioactivity area with a conspicuous sign or signs bearing the radiation symbol and the words "Caution, Airborne Radioactivity Area" or "Danger, Airborne Radioactivity Area." (5) Posting of areas or rooms in which licensed material is used or stored: The licensee must post each area or room in which there is used or stored an amount of licensed material exceeding ten times the quantity of such material specified in 10 CFR, Part 20, Appendix C to 20.1001 to 20.2401 with a conspicuous sign or signs bearing the radiation symbol and the words "Caution, Radioactive Material(s)" or "Danger, Radioactive Material(s)." [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 24-1994, f. & cert. ef. 9-6-94 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0420 Precautionary Procedures: Exceptions to Posting Requirements (1) A licensee is not required to post caution signs in areas or rooms containing radioactive materials for periods of less than eight hours, if all of the following conditions are met: (a) The materials are constantly attended during these periods by an individual who takes the precautions necessary to prevent the exposure of individuals to radiation or radioactive materials in excess of the limits established in this division; and (b) The area or room is subject to the licensee's control. (2) Rooms or other areas in hospitals that are occupied by patients are not required to be posted with caution signs pursuant to OAR 333-120-0410 provided that: (a) A patient being treated with a permanent implant or therapeutic radiopharmaceutical could be released from confinement pursuant to OAR 333-116-0260 and 333-116-0265 of this chapter; and (b) There are personnel in attendance who will take the necessary precautions to prevent the exposure of individuals to radiation or radioactive material in excess of the limits established in this division and to operate within the ALARA provisions of the licensee's radiation protection program. (3) A caution sign is not required to be posted in a room or area containing a sealed source, provided the radiation level at 30 centimeters from the surface of the source container or housing does not exceed 0.05 mSv (0.005 rem) per hour. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0430 Precautionary Procedures: Labeling Containers (1) The licensee must ensure that each container of licensed material bears a durable, clearly visible label bearing the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL." The label must also provide sufficient information (such as the radionuclide(s) present, an estimate of the quantity of radioactivity, the date for which the activity is estimated, radiation levels, kinds of materials, and mass enrichment) to permit individuals handling or using the containers, or working in the vicinity of the containers, to take precautions to avoid or minimize exposures. (2) Each licensee must, prior to removal or disposal of empty uncontaminated containers to unrestricted areas, remove or deface the radioactive material label or otherwise clearly indicate that the container no longer contains radioactive materials. (3) Each registrant must ensure that each radiation machine is labeled in a conspicuous manner which cautions individuals that radiation is produced when it is energized. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0440 Precautionary Procedures: Exemptions to Labeling Requirements A licensee is not required to label: (1) Containers holding licensed material in quantities less than the quantities listed in 10 CFR, Part 20, Appendix C to 20.1001 to 20.2401; or (2) Containers holding licensed material in concentrations less than those specified in 10 CFR, Part 20, Table 3 of Appendix B to 20.1001 to 20.2401; or (3) Containers attended by an individual who takes the precautions necessary to prevent the exposure of individuals in excess of the limits established by this division; or (4) Containers when they are in transport and packaged and labeled in accordance with the regulations of the U.S. Department of Transportation (49 CFR); or NOTE: Labeling of packages containing radioactive materials is required by the U.S. Department of Transportation (DOT) if the amount and type of radioactive material exceeds the limits for an excepted quantity or article as defined and limited by DOT regulations 49 CFR 173.403(m) and (w) and 173.421-173.424. (5) Containers that are accessible only to individuals authorized to handle or use them, or to work in the vicinity of the containers, if the contents are identified to these individuals by a readily available written record (examples of containers of this type are containers in locations such as water-filled canals, storage vaults, or hot cells). The record must be retained as long as the containers are in use for the purpose indicated on the records; or (6) Installed manufacturing or process equipment, such as reactor components, piping, and tanks. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0450 Precautionary Procedures: Procedures for Receiving and Opening Packages (1) Each licensee who expects to receive a package containing quantities of radioactive material in excess of a Type A quantity, as defined in 49 CFR 173.435 Table of A1 and A2 Values for Radionuclides, must make arrangements to receive: (a) The package when the carrier offers it for delivery; or (b) Notification of the arrival of the package at the carrier's terminal and to take possession of the package expeditiously. (2) Each licensee must: (a) Monitor the external surfaces of a labeled package for radioactive contamination unless the package contains only radioactive material in the form of a gas or in special form as defined in OAR 333-118-0020; (b) Monitor the external surfaces of a labeled package for radiation levels; and NOTE: Labeled with a Radioactive White I, Yellow II, or Yellow III label as specified in U.S. Department of Transportation regulations, 49 CFR 172.403 and 172.436-440. (c) Monitor all packages known to contain radioactive material for radioactive contamination and radiation levels if there is evidence of degradation of package integrity, such as packages that are crushed, wet, or damaged. (3) The licensee must perform the monitoring required by section (2) of this rule as soon as practicable after receipt of the package, but not later than three hours after the package is received at the licensee's facility if it is received during the licensee's normal working hours, or not later than three hours from the beginning of the next working day if it is received after working hours. (4) The licensee must immediately notify the final delivery carrier and the Authority, by telephone at 1-800-452-0311 when: (a) Removable radioactive surface contamination exceeds the limits of OAR 333-118-0150(9); (b) External radiation levels exceed the limits of OAR 333-118-0150(9)(a). (5) Each licensee must: (a) Establish, maintain, and retain written procedures for safely opening packages in which radioactive material is received; and (b) Ensure that the procedures are followed and that due consideration is given to special instructions for the type of package being opened. (6) Licensees transferring special form sources in licensee-owned or licensee-operated vehicles to and from a work site are exempt from the contamination monitoring requirements of section (2) of this rule, but are not exempt from the survey requirement in section (2) of this rule for measuring radiation levels, which is required to ensure that the source is still properly lodged in its shield. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 3-2023, amend filed 01/17/2023, effective 01/18/2023 PH 172-2022, amend filed 08/11/2022, effective 08/20/2022 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1995, f. & cert. ef. 4-26-95 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0500 Waste Disposal: General Requirements (1) A licensee must dispose of licensed radioactive material only: (a) By transfer to an authorized recipient as provided in OAR 333-102-0330; or (b) By decay in storage; or (c) By release in effluents within the limits in OAR 333-120-0520; or (d) As authorized under OAR 333-120-0520, 333-120-0530, 333-120-0540 and 333-120-0545. (2) A person must be specifically licensed to receive waste containing licensed material from other persons for: (a) Treatment prior to disposal; or (b) Treatment or disposal by incineration; or (c) Decay in storage; or (d) Disposal at a land disposal facility licensed under 10 CFR, Part 61 (U.S. Nuclear Regulatory Commission) or equivalent Agreement State regulations; or (e) Storage until transferred to a storage or disposal facility authorized to receive the waste. (3) As authorized under the provisions of Oregon Revised Statutes. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 20-2010, f. & cert. ef. 9-1-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94
333-120-0510 Waste Disposal: Method for Obtaining Approval of Proposed Disposal Procedures A licensee or applicant for a license may apply to the Authority for approval of proposed procedures, not otherwise authorized in the rules of this division, to dispose of licensed material generated in the licensee's activities. Each application must include: (1) A description of the waste containing licensed material to be disposed of, including the physical and chemical properties important to risk evaluation, and the proposed manner and conditions of waste disposal; and (2) An analysis and evaluation of pertinent information on the nature of the environment; and (3) The nature and location of other potentially affected licensed and unlicensed facilities; and (4) Analyses and procedures to ensure that doses are maintained ALARA and within the dose limits in this division. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94