Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.058 - Background Investigations

Current through Register 1525, July 5, 2024
(A)
Initial Investigation
. Before allowing an individual
				unescorted access to category 1 or category 2 quantities of radioactive
				material or to the devices that contain the material, licensees shall complete
				a background investigation of the individual seeking unescorted access
				authorization. The scope of the investigation must encompass at least the seven
				years preceding the date of the background investigation or since the
				individual's 18th birthday, whichever is shorter.
				The background investigation must include at a minimum:
(1) Fingerprinting and an FBI identification
				and criminal history records check in accordance with
				105
				CMR 120.059;
(2)
Verification of True
				Identity
. Licensees shall verify the true identity of the
				individual who is applying for unescorted access authorization to ensure that
				the applicant is who he or she claims to be. A licensee shall review official
				identification documents (
e.g.
, driver's license; passport;
				government identification; certificate of birth issued by the state, province,
				or country of birth) and compare the documents to personal information data
				provided by the individual to identify any discrepancy in the information.
				Licensees shall document the type, expiration, and identification number of the
				identification document, or maintain a photocopy of identifying documents on
				file in accordance with
				105 CMR
				120.061. Licensees shall certify in writing
				that the identification was properly reviewed, and shall maintain the
				certification and all related documents for review upon inspection;
(3)
Employment History
				Verification
. Licensees shall complete an employment history
				verification, including military history. Licensees shall verify the
				individual's employment with each previous employer for the most recent seven
				years before the date of application;
(4)
Verification of
				Education
. Licensees shall verify that the individual participated
				in the education process during the claimed period;
(5)
Character and Reputation
				Determination
. Licensees shall complete reference checks to
				determine the character and reputation of the individual who has applied for
				unescorted access authorization. Unless other references are not available,
				reference checks may not be conducted with any person who is known to be a
				close member of the individual's family, including but not limited to the
				individual's spouse, parents, siblings, or children, or any individual who
				resides in the individual's permanent household. Reference checks under
				105
				CMR 120.056 through
				120.062
				must be limited to whether the individual has been and continues to be
				trustworthy and reliable;
(6) The
				licensee shall also, to the extent possible, obtain independent information to
				corroborate that provided by the individual (
e.g
., seek
				references not supplied by the individual); and
(7) If a previous employer, educational
				institution, or any other entity with which the individual claims to have been
				engaged fails to provide information or indicates an inability or unwillingness
				to provide information within a time frame deemed appropriate by the licensee
				but at least after ten business days of the request or if the licensee is
				unable to reach the entity, the licensee shall document the refusal,
				unwillingness, or inability in the record of investigation; and attempt to
				obtain the information from an alternate source.