justicedao/ipfs_state_laws huggingface dataset:
333-111-0020 Presence of Representatives of Licensees or Registrants and Workers During Inspection (1) Each licensee or registrant shall afford to the Authority at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises and records pursuant to these rules. (2) During an inspection, Authority inspectors may consult privately with workers as specified in OAR 333-111-0025. The licensee or registrant may accompany Authority inspectors during other phases of an inspection. (3) If, at the time of inspection, an individual has been authorized by the workers to represent them during Authority inspections, the licensee or registrant 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. (4) Each workers' representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in OAR 333-111-0010. (5) Different representatives of licensees or registrants 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. (6) With the approval of the licensee or registrant and the workers' representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the workers' representative, shall be afforded the opportunity to accompany Authority inspectors during the inspection of physical working conditions. (7) Notwithstanding the other provisions of this rule, Authority 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 or registrant to enter that area. Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-111-0025 Consultation with Workers During Inspection (1) Authority inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of these rules and licenses to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection. (2) 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, these rules or license condition, or any unnecessary exposure of an individual to sources of radiation under the licensee's or registrant's control. Any such notice in writing shall comply with the requirements of OAR 333-111-0030(1). (3) The provisions of section (2) of this rule shall not be interpreted as authorization to disregard instructions pursuant to OAR 333-111-0010. Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-111-0030 Requests by Workers for Inspections (1) Any worker or representative of workers believing that a violation of the Act, these rules or license conditions exists or has occurred in work under a license or registration 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 Authority. 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 or registrant by the Authority no later than at the time of inspection except that, upon the request of the worker giving such notice, their 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 Authority, except for good cause shown. (2) If, upon receipt of such notice, the Authority determines that the complaint meets the requirements set forth in section (1) 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 this rule need not be limited to matters referred to in the complaint. (3) No licensee, registrant or contractor or subcontractor of a licensee or registrant 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 these rules or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of himself or others of any option afforded by this division. Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-111-0035 Inspections Not Warranted; Informal Review (1) If the Authority determines, with respect to a complaint under OAR 333-111-0030, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Authority shall notify the complainant in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the Assistant Director of the Public Health Division. The Authority will provide the licensee or registrant with a copy of such statement by certified mail, excluding at the request of the complainant, the name of the complainant. The licensee or registrant may submit an opposing written statement of position with the Assistant Director of the Public Health Division. The Authority will provide the complainant with a copy of such statement by certified mail. (2) Upon the request of the complainant, the Assistant Director of the Public Health Division may hold an informal conference in which the complainant and the licensee or registrant may orally present their views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the Assistant Director of the Public Health Division shall affirm, modify or reverse the determination of the Authority and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefore. (3) If the Authority determines that an inspection is not warranted because the requirements of OAR 333-111-0030(1) have not been met, the complainant shall be notified in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of OAR 333-111-0030(1). Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-112-0001 Purpose and Scope (1) The purpose of this division is to assure adequate servicing and repair of microwave ovens and to prevent public and occupational exposure to microwave radiation from leaking microwave ovens which the Authority has determined to present a biological hazard to occupational and public health and safety. (2) The requirements of this division apply to any person or facility that operates microwave ovens or that provides repair or other service for microwave ovens used in homes, restaurants, hospitals, schools or other establishments where the public could be exposed. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-112-0005 Definitions As used in this division, these terms have the definitions set forth below: (1) “Microwave oven” means an electronic product designed to heat or cook food through the application of electromagnetic energy at frequencies assigned by the Federal Communica-tions Commission in the normal industrial, scientific and medical heating bands ranging from 890 megahertz to 6,000 megahertz. (2) “Cavity” means that portion of the microwave oven in which food may be heated or cooked. (3) “Door” means the movable barrier which prevents access to the cavity during operation and the function of which is to prevent emission of microwave energy from the passage or opening which provides access to the cavity. (4) “External surface” means the outside surface of the cabinet or enclosure provided by the manufacturer as part of the microwave oven, including doors, door handles, latches and control knobs. (5) “Licensee” means any person (facility) that provides service for microwave ovens. (6) “Service” means the testing, repair, maintenance, modification, replacement or adjustment of any microwave oven or any part or component thereof. (7) “Stirrer” means that feature of a microwave oven which is intended to provide uniform heating of the load by constantly changing the standing wave pattern within the cavity or moving the load. (8) “Technician” means any individual that performs service on microwave ovens Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 4-1985, f. & ef. 3-20-85
333-112-0010 Licensing of Microwave Oven Repair Facilities (1) No person or facility shall provide service for microwave ovens except as authorized by a specific license issued by the Authority. A license application will be approved or an annual validation certificate issued when the Authority determines that: (a) The applicant’s proposed test equipment satisfies the requirements of OAR 333-112-0020; (b) The applicant’s proposed procedures pertaining to oven repair and instruction of personnel are adequate to ensure compliance with these rules. (2) License applications shall be made on forms furnished by the Authority. (3) In addition to the requirements of this division, all licensees are subject to the requirements of divisions 100 and 111 of these rules. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-112-0015 Service Responsibilities (1) The licensee shall test each microwave oven serviced for leakage in accordance with measurement and test procedures described in OAR 333-112-0020. The test shall be performed before, if the oven is operational, and after servicing of the oven has been completed. (2) No licensee shall provide service for a microwave oven in such a manner as to cause leakage from the oven in excess of those limits specified in OAR 333-112-0040. (3) The licensee shall notify the Authority within 20 days of any microwave oven that is found to be leaking microwave radiation in excess of the limits specified in OAR 333-112-0040. The notification shall include: (a) The maximum power density measured with procedures described in OAR 333-112-0020; (b) The name of the manufacturer of the oven; (c) The date the leakage was corrected and the oven was brought into compliance with OAR 333-112-0040; (d) The reason why the leakage was not corrected and brought into compliance with OAR 333-112-0040; or (e) The name and address of the owner. (4) A copy of the notification required by section (3) of this rule shall be supplied to the owner or user of the microwave oven at the time the notification is sent to the Authority. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-112-0020 Measurement and Test Procedures (1) Leakage levels shall be determined by measurements of microwave power density made with an instrument system which: (a) Reaches 90 percent of its steady-state reading within three seconds when the system is subjected to a stepped input signal; (b) Has a radiation detector with an effective aperture of 25 square centimeters or less as measured in a plane wave, having no dimension exceeding ten centimeters; (c) Is capable of measuring microwave oven leakage levels with an accuracy of plus 25 percent and minus 20 percent (plus or minus one decibel); (d) Has been calibrated at least within the last 12 months. (2) Measurements shall be made in accordance with the manufacturer’s leakage test procedures or with the microwave oven operating at its maximum output and containing a load of 275 plus or minus 15 milliliters of tap water, initially at room temperature, placed within the cavity at the center of the load-carrying surface provided by the manufacturer. The water container for the latter procedure shall be a low form 600 milliliter beaker, or substantially similar vessel, having an inside diameter of approximately 8.5 centimeters and made of an electrically nonconductive material, such as glass or plastic. (3) Measurements shall be made with the door fully closed, as well as with the door fixed in any other position which allows the oven to operate. (4) Measurements shall be made at points five centimeters or less from external surfaces of the oven. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 4-1985, f. & ef. 3-20-85
333-112-0025 Training of Service Personnel The licensee shall ensure that each technician who services microwave ovens in his or her employ is instructed in the test procedures, compliance criteria and all requirements of this division. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 4-1985, f. & ef. 3-20-85
333-112-0030 Personnel Monitoring for Cataracts It is recommended that each individual who performs servicing of microwave ovens have his or her eyes examined for cataract formations. The testing for cataracts should be by a licensed ophthalmologist and should be performed at the beginning of employment and annually thereafter. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 4-1985, f. & ef. 3-20-85
333-112-0035 Records The licensee shall maintain records showing the results of leakage measurements on each microwave oven serviced. The records shall be maintained for inspection by the Authority and shall be so filed as to be readily available for review. The records shall contain at least the following information: (1) The name of the individual who performed the service. (2) The date the service was completed. (3) The maximum leakage levels before and after servicing as applicable. (4) The location of the maximum leakage levels. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-112-0040 Operation of Microwave Ovens (1) No person shall operate or direct the operation of a microwave oven that has been determined to leak microwave radiation in excess of the following limits: (a) For ovens manufactured after October 1, 1971, leakage in excess of five milliwatts per square centimeter at any point five centimeters or more from the external surface of the oven; (b) For ovens manufactured before October 1, 1971, leakage in excess of ten milliwatts per square centimeter at any point five centimeters or more from the external surface of the oven. (2) Microwave ovens shall be considered to be in compliance with section (1) of this rule if the maximum power density of microwave radiation leakage measured in the test procedures specified in OAR 333-112-0020 does not exceed the microwave radiation leakage limits specified in section (1) of this rule measured through at least one stirrer cycle. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 4-1985, f. & ef. 3-20-85
333-113-0001 Purpose and Scope (1) The rules in this division establish radiation safety requirements for persons using sources of radiation for well logging operations including mineral logging, radioactive markers and subsurface tracer studies. The requirements of this division are in addition to, and not in substitution for, the requirements of divisions 100, 102, 111 and 120 of these rules. (2) The rules in this division apply to all licensees or registrants who use sources of radiation for well logging operations including mineral logging, radioactive markers or subsurface tracer studies. (3) The requirements set out in this division do not apply to the issuance of a license authorizing the use of licensed material in tracer studies involving multiple wells, such as field flooding studies, or to the use of sealed sources auxiliary to well logging but not lowered into wells. 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 1-1995, f. & cert. ef. 4-26-95 HD 4-1985, f. & ef. 3-20-85
333-113-0007 Specific Licenses For Well Logging (1) A person, as defined in 333-100-0005 must file an application for a specific license authorizing the use of radioactive materials for well logging in accordance with 333-102-0190. (2) The Authority will approve an application for a specific license for the use of radioactive material in well logging if the applicant meets the following requirements: (a) The applicant must satisfy the general requirements specified in 333-102-0200 for radioactive material and any special requirements contained in this division. (b) The applicant must develop a program for training well logging supervisors and well logging assistants and submit to the Authority a description of this program which specifies the: (A) Initial training; (B) On-the-job training; (C) Annual safety reviews provided by the licensee; (D) Means the applicant will use to demonstrate the logging supervisor's knowledge and understanding of and ability to comply with the Authority's rules and licensing requirements and the applicant's operating and emergency procedures; and (E) Means the applicant will use to demonstrate the logging assistant's knowledge and understanding of and ability to comply with the applicant's operating and emergency procedures. (c) The applicant must submit to the Authority written operating and emergency procedures as described in 333-113-0205 or an outline or summary of the procedures that includes the important radiation safety aspects of the procedures. (d) The applicant must establish and submit to the Authority its program for annual inspections of the job performance of each logging supervisor to ensure that the Authority's rules, license requirements, and the applicant's operating and emergency procedures are followed. Inspection records must be retained in accordance with 333-100-0057. (e) The applicant must submit a description of its overall organizational structure as it applies to the radiation safety responsibilities in well logging, including specified delegations of authority and responsibility. (f) If an applicant wants to perform leak testing of sealed sources, the applicant must identify the manufacturers and the model numbers of the leak test kits to be used. If the applicant wants to analyze its own wipe samples, the applicant must establish procedures to be followed and submit a description of these procedures to the Authority. The description must include the: (A) Instruments to be used; (B) Methods of performing the analysis; and (C) Pertinent experience of the person who will analyze the wipe samples. 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
333-113-0010 Agreement With Well Owner of Operator (1) No licensee must perform well logging operations with a sealed source(s) unless, prior to commencement of the operation, the licensee has a written agreement with the well operator, well owner, drilling contractor or landowner. This written agreement must identify who will meet the following requirements: (a) In the event that a well to be logged, using radioactive material, penetrates a potable aquifer or contains potable water, that well must be cased from top to bottom prior to the well-logging; (b) In the event a sealed source is lodged downhole, a reasonable effort at recovery will be made; (c) No person shall attempt to recover a sealed source in a manner which, in the licensee's opinion, could result in its rupture; and (d) In the event a decision is made to abandon the sealed source down hole, the requirements of OAR 333-113-0501(3) must be met within 30 days. NOTE: A written agreement between the licensee and the well owner or operator is not required if the licensee and the well owner, or operator, are part of the same corporate structure or otherwise similarly affiliated. (2) The licensee must retain a copy of the written agreement after the completion of the well logging operation in accordance with 333-100-0057. 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 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-113-0101 Equipment Control: Limits on Levels of Radiation Sources of radiation must be used, stored and transported in such a manner that the requirements of division 120 of this chapter are met. 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 1-1995, f. & cert. ef. 4-26-95 HD 4-1985, f. & ef. 3-20-85
333-113-0105 Equipment Control: Storage Precautions (1) Each source of radiation, except accelerators, must be provided with a storage and/or transport container. The container must be provided with a lock, or tamper seal for calibration sources, to prevent unauthorized removal of, or exposure to, the source of radiation. (2) Sources of radiation must be stored in a manner which will minimize danger from explosion and/or fire. 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 4-1985, f. & ef. 3-20-85