reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.4 - Registration and approvals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  machine source of ionizing radiation, and each generally licensed device so
				  required by the terms and conditions of Table 3 of section
				  38.41  of
				  this Part (rule) shall be registered with the commissioner on a form prescribed
				  by him or her, setting forth the location and character of the radiation source
				  or sources and such other or further information as he or she may require for
				  the due enforcement of this Part (rule). Registration shall be made prior to
				  receipt of the radiation equipment or upon receipt of the generally licensed
				  device. Registration is not complete until it is verified and accepted by the
				  commissioner. If a registered installation is so changed as to render its
				  registration inaccurate, notice thereof shall be given to the commissioner
				  within 48 hours of such change.
(b)
				  Every distributor or retailer of radiation equipment, or agent thereof, or
				  radiation consultant, who installs, tests or otherwise services radiation
				  equipment shall be registered with the commissioner on a form prescribed by
				  him. Registration shall be made prior to undertaking such installation, testing
				  or servicing. Such distributors, retailers, agents or consultants shall, while
				  engaged in installation, testing or other servicing of radiation equipment,
				  comply with the requirements of this Part (rule).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.5 - Licensing-general requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Overall licensing requirement for radioactive material. Except for radioactive
				  material specified in Table 1 of section
				  38.41  of
				  this Part (rule), and the removal of source material from its place of deposit
				  in nature, or as otherwise provided by this Part (rule), no person shall
				  transfer, distribute, manufacture, receive, possess or use any radioactive
				  material except pursuant to a specific or general license issued under this
				  Part (rule).
(b) General licenses.
				  Subject to the terms and conditions specified in Table 3 of section
				  38.41  of
				  this Part (rule), a general license is effective without the filing of an
				  application for a specific license and without the issuance of a specific
				  licensing document by the commissioner.
(c) Specific licenses shall be issued in an
				  accelerated process to authorize possession and use of measuring, gauging or
				  controlling devices (gauges) which are used at fixed locations, and are
				  authorized for distribution to general licensees, but are not included in Table
				  3 of section
				  38.41  of
				  this Part. Such licensees shall comply with section
				  38.28(h) 
				  of this Part and the conditions of the specific license, but shall be otherwise
				  exempt from the requirements of sections
				  38.16
				  through
				  38.28  of this
				  Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.6 - Applications for specific license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application for a specific license shall be made to the commissioner on a form
				  prescribed by him. Such application shall set forth such pertinent information
				  as the commissioner may require. Supplementary statements shall be filed upon
				  the commissioner's request.
(b)
				  Each application or supplementary statement shall be signed by either the
				  applicant personally or a parson duly authorized by the applicant to sign for
				  and on the applicant's behalf.
(c)
				  As provided by section
				  38.7 
				  of this Part, certain applications for specific licenses filed under this Part
				  (rule) must contain a proposed decommissioning funding plan or a certification
				  that financial assurance for decommissioning has been provided.
(d) Emergency plans for responding to a
				  release of radioactive material.
(1) Each
				  application to possess radioactive materials in unsealed form, on foils or
				  plated sources, or sealed in glass in excess of the quantities in Table 7 of
				  section
				  38.41  of
				  this Part (rule) "Quantities of Radioactive Materials Requiring Consideration
				  of the Need for an Emergency Plan for Responding to a Release," must contain
				  either:
(i) an evaluation showing that the
				  maximum dose to a person offsite due to a release of radioactive materials
				  would not exceed 1 rem effective dose equivalent or 5 rems to the thyroid;
				  or
(ii) an emergency plan for
				  responding to a release of radioactive material.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.7 - Financial assurance for decommissioning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant for a license, renewal
				  thereof or amendment thereto, authorizing the possession and use of unsealed
				  radioactive material of half-life greater than 120 days and in quantities
				  exceeding 100,000 times the applicable quantities set forth in Table 4 of this
				  Part (rule) shall submit a decommissioning funding plan as described in
				  subdivision (d) of this section. The decommissioning funding plan must also be
				  submitted when a combination of isotopes is involved if R divided by 100,000 is
				  greater than 1 (unity rule), where R is defined here as the sum of the ratios
				  of the quantity of each isotope to the applicable value set forth in Table 4 of
				  this Part (rule).
(b) Each
				  applicant for a license, renewal thereof or amendment thereto, authorizing the
				  possession and use of radioactive material of half-life greater than 120 days
				  and in quantities specified in subdivision (c) of this section shall either:
(1) submit a decommissioning funding plan as
				  described in subdivision (d) of this section; or
(2) submit a certification that financial
				  assurance for decommissioning has been provided in the amount prescribed by
				  subdivision (c) of this section using one of the methods described in
				  subdivision (e) of this section. In the case of an applicant for a license,
				  this certification may state that the appropriate assurance will be obtained
				  after the application has been approved and the license issued but prior to the
				  receipt of licensed material. As part of the certification, a copy of the
				  financial instrument obtained to satisfy the requirements of subdivision (e) of
				  this section is to be submitted to the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.8 - General requirements for issuing specific licenses

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner will approve an application for, and issue
					 in response thereto, a specific license to transfer, receive, possess and use
					 any radioactive material, if the commissioner determines that the following
					 requirements have been met:
(a) the
				  applicant's proposed use, equipment, facilities and procedures will protect
				  public health and safety, and will minimize danger to life and property, from
				  radiation hazards;
(b) the
				  applicant's radiation detection and measuring instrumentation is appropriate
				  for the uses of radioactive materials requested in the application;
(c) the applicant, (or the applicant's
				  personnel if the applicant is not an individual), is qualified by training and
				  experience to use such radioactive material for each purpose covered by the
				  application so as to protect public health and safety and to minimize danger to
				  life and property from radiation hazards; and
(d) the applicant submits sufficient
				  information to support a determination that the requirements of this section
				  are satisfied.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.9 - Duration of licenses and timeliness in decommissioning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in section
				  38.10 
				  of this Part, a license shall expire at the end of the expiration date therein
				  stated. The filing of an application by the licensee more than 30 days prior to
				  the expiration date for a renewal or a new and superseding license shall extend
				  the license until the commissioner has finally acted on the application. If a
				  licensee fails to renew his or her license, he or she must immediately cease
				  all use of radioactive materials, transfer all radioactive materials to
				  authorized recipient(s) and comply with the requirements of section
				  38.23 
				  of this Part (rule). To terminate a license, the licensee must notify the
				  commissioner, transfer all radioactive materials to authorized recipients and
				  comply with the provisions of section
				  38.23 
				  of this Part (rule).
(b) Each
				  specific license revoked by the commissioner expires at the end of the day on
				  the date of the commissioner's final determination to revoke the license,
				  unless an alternate expiration date is stated in the determination, or is
				  otherwise provided for in the commissioner's order.
(c) Each specific license continues in
				  effect, beyond the expiration date if necessary, with respect to possession of
				  radioactive material until the commissioner notifies the licensee in writing
				  that the license is terminated. During this time, the licensee shall:
(1) limit actions involving radioactive
				  material to those related to decommissioning; and
(2) continue to control entry to restricted
				  areas until they are suitable for release in accordance with department
				  requirements.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.10 - Renewal or amendment of specific licenses

Current through Register Vol. 46, No. 28, July 10, 2024
Any application by a licensee for the renewal or amendment
					 of a license shall be considered as an application for a license and shall be
					 filed in accordance with section
					 38.6 
					 of this Part (rule); and any such application for amendment shall set forth the
					 reasons for such requested amendment. In considering any such application for
					 renewal or amendment, the commissioner will apply the requirements set forth in
					 section
					 38.8 
					 of this Part (rule) as appropriate. Corrective amendments of a license may be
					 issued by the commissioner at any time upon his/her
					 initiative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.11 - Amendment, suspension or revocation of licenses

Current through Register Vol. 46, No. 28, July 10, 2024
Specific and general licenses shall be subject to
					 amendment, suspension or revocation by reason of amendment of the
					 commissioner's regulations, enactment or amendment of any other applicable law,
					 or amendment or promulgation of any other applicable rule, regulation, or
					 order. The commissioner may amend, revoke or suspend any license in whole or in
					 part, for:
(a) any material
				  misstatement in the application therefore or in any supplementary statement
				  thereto;
(b) any condition revealed
				  by such application, supplementary statement, report, record, inspection or
				  other means, which would warrant the commissioner to refuse to grant a license
				  on an original application; or
(c)
				  any violation or failure to observe any of the applicable terms or provisions
				  of such license, this Part (rule), or any other applicable rule, regulation,
				  code or order now or hereafter in effect.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.12 - Conditions of specific licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is hereby made a condition of each
				  specific license:
(1) that the licensee shall
				  confine his possession and use of licensed radioactive material to such
				  location or locations and for such purpose or purposes as the license may
				  authorize; provided, however, that except as otherwise provided in such license
				  or this Part, such license shall be deemed to authorize the licensee to
				  transfer the material covered by such license to any other person authorized to
				  receive it by the commissioner, the State Department of Health, the New York
				  City Department of Health, the United States Nuclear Regulatory Commission or
				  any agreement state;
(2) that the
				  licensee shall notify the commissioner by letter within 30 days if an
				  authorized user or radiation safety officer permanently discontinues
				  performance of duties under the license;
(3) that any license covering the use of
				  special nuclear material in the course of which licensed use additional special
				  nuclear material is produced, shall be deemed to cover any such special nuclear
				  material so produced; provided, however, that the total quantity of special
				  nuclear material possessed by the licensee is not sufficient to form a critical
				  mass;
(4) each person who possesses
				  any radiation source shall secure such source against its unauthorized removal
				  from its place of storage or use. The following additional restrictions apply
				  to noncontrolled areas:
(i) radiation sources
				  stored in a noncontrolled area shall be stored in a locked facility in the
				  original shipping container, or a container providing equivalent radiation
				  protection. Such a facility may be a cabinet, a safe or a room, provided that
				  the facility is locked at all times when no activities are in progress relating
				  to the use of the radiation sources;
(ii) radiation sources in a noncontrolled
				  area and not in storage shall be tended under the constant surveillance and
				  immediate control of the licensee or registrant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.13 - Removal of radioactive material

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding any exemptions contained
				  in this Part (rule), any person who uses, possesses or stores radioactive
				  materials in violation of any provision of law or of this Part (rule) or of his
				  own license, or of any order of the commissioner, shall, upon order of the
				  commissioner, remove or provide for the removal of such materials at his own
				  expense through the use of an authorized transferee and shall decontaminate the
				  installation to the limits specified in Table 5 of this Part (rule).
(b) In the event that a person fails to
				  comply with the provisions of subdivision (a) of this section, the commissioner
				  may seize and remove the radioactive material and, if necessary, decontaminate
				  the installation to the limits specified in Table 5 of this Part (rule), and
				  shall be reimbursed for the expense thereof by the person failing to comply
				  with the provisions of subdivision (a) of this section. If such person is a
				  corporation, the officers and agents who knowingly permit the corporation to
				  violate the provisions of subdivision (a) of this section shall be personally
				  responsible for such expense.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.14 - Procedural provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Review
				  of actions on applications, licenses, security and approvals. Any order issued
				  by the commissioner under this Part (rule) shall constitute an order for the
				  enforcement of this Part (rule) under section 21  of the Labor Law and accordingly an order
				  made under the provisions of the Labor Law within the meaning of section 101
				  thereof.
(b) Hearings. Except when
				  immediate action is required to secure safety, a license shall not be revoked,
				  suspended or restrictively amended by the commissioner without the consent of
				  the licensee unless the licensee has been given reasonable notice and an
				  opportunity to be heard.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.15 - Holders of licenses or permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The holder of a license or permit issued
				  by the State Department of Health, the New York City Department of Health, the
				  United States Nuclear Regulatory Commission, and any agreement state, or any
				  licensing nonagreement state, may bring, possess or use radioactive material
				  covered by such license or permit within the commissioner's jurisdiction for a
				  period not in excess of 30 days in any calendar year without obtaining a
				  license from the commissioner, provided that:
(1) such license or permit does not limit the
				  holder's possession or use of such material to a specific installation or
				  installations;
(2) such holder, at
				  least seven days prior to engaging in such activities within the commissioner's
				  jurisdiction, files with the commissioner a notice indicating the period, type
				  and location of proposed possession and use within the commissioner' s
				  jurisdiction and a copy of the license or permit. At the discretion of the
				  commissioner, oral notification of the commissioner or notification of the
				  commissioner less than seven days prior to engaging in such activities may be
				  accepted in lieu of the filing requirement under this paragraph;
(3) such holder supplies such additional
				  information as the commissioner may reasonably request;
(4) such holder, during the period of his
				  possession and use of such material within the commissioner's jurisdiction,
				  complies with all relevant provisions of this Part (rule), and any additional
				  requirements which the commissioner may impose and which are reasonable under
				  the circumstances;
(5) such holder,
				  during such period, complies with all terms and conditions of his license or
				  permit, except such terms or conditions as may be inconsistent with this Part
				  (rule).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.16 - Licensees and contractors of the united states nuclear regulatory commission and united states nrc-designated contractors doing work for other united states government agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Activities licensed by the United States Nuclear Regulatory Commission within
				  the State. Each person who holds a license from the United States Nuclear
				  Regulatory Commission authorizing activities within the State shall be exempt
				  from the requirements of this Part (rule) with respect to such activities
				  during the period that such license is valid; provided, however, that such
				  person:
(1) shall afford the commissioner
				  access to all records which such person is required to maintain pursuant to the
				  United States Nuclear Regulatory Commission's rules and regulations or pursuant
				  to the provisions of the United States Nuclear Regulatory Commission
				  licenses;
(2) shall afford the
				  commissioner opportunity to sample effluents, and to conduct such measurement
				  or survey of levels of radiation and radioactive contamination as will not
				  substantially interfere with or interrupt any activities licensed by the United
				  States Nuclear Regulatory Commission; and
(3) shall afford the commissioner access to
				  the facilities of such person in order to accomplish the foregoing review of
				  records, sampling of effluents and conduct of measurements or
				  surveys.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.17 - Responsibility for radiation safety and radiation protection programs

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall operate a radiation installation unless
					 that person:
(a) makes every effort to
				  maintain radiation exposures and releases of radioactive material as low as
				  reasonably achievable (ALARA); and
(b) develops, documents and implements a
				  radiation protection program commensurate with the scope and extent of the
				  radiation activities engaged in by the radiation installation. This program
				  shall be designed to ensure compliance with the provisions of the Part (rule)
				  and the installation operator shall provide a radiation safety officer as
				  described in section
				  38.3(a)(79) 
				  of this Part (rule). The radiation officer shall be delegated authority to
				  ensure the implementation of this radiation protection program and shall be
				  responsible for its day-to-day conduct;
(c) conducts, or causes to be conducted, an
				  annual review of the radiation protection program content and implementation,
				  and of the performance of the radiation safety officer; and
(d) implements the ALARA requirements of
				  subdivision (a) of this section, and notwithstanding the requirements of
				  section
				  38.19(a)(1)(ii) 
				  of this Part, constrains air emissions of radioactive materials obtained under
				  the license so that the individual member of the public likely to receive the
				  highest dose will not be expected to receive a total effective dose equivalent
				  in excess of 0.1 mSv (0.01 rem) in a year from these emissions. If a licensee
				  exceeds this dose constraint, the licensee shall report the exceedence as
				  provided in section
				  38.29(c) 
				  of this Part, and promptly take appropriate corrective action to ensure against
				  recurrence.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.18 - Occupational dose limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Occupational dose limits for adults.
(1)
				  Except for planned special exposures pursuant to subdivision (f) of this
				  section, no person shall transfer, receive, possess or use any radiation source
				  so as to cause any individual adult to receive an occupational dose from all
				  sources of radiation that exceeds any of the following limits:
(i) an annual limit, which is the more
				  limiting of:
(a) a total effective dose
				  equivalent equal to 0.05 Sv (5 rem); or
(b) the sum of the deep dose equivalent and
				  the committed dose equivalent to any individual organ or tissue, other than the
				  lens of the eye, equal to 0.50 Sv (50 rem);
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.19 - Radiation dose limits for individual members of the public

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dose limits for individual members of the
				  public.
(1) Each licensee or registrant shall
				  conduct operations so that:
(i) the dose in
				  any unrestricted area from external sources does not exceed 0.02 mSv (0.002
				  rem) in any one hour; and
(ii) the
				  total effective dose equivalent to individual members of the public from the
				  licensed or registered operation, exclusive of the dose contribution from the
				  licensee's or registrant's disposal of radioactive material into sanitary
				  sewerage in accordance with section
				  38.20 
				  of this Part (rule), does not exceed 1 mSv (0.1 rem) in a year.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.20 - Disposal of radioactive material

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall dispose of any
				  radioactive material except by transfer to an authorized recipient or by one of
				  the following methods:
(1) by decay in
				  storage in accordance with a license condition authorizing this practice;
				  or
(2) by release in effluents in
				  accordance with the regulations of the New York State Department of
				  Environmental Conservation in 6 NYCRR Part 380.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.21 - Limitations on human use

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall use any radiation source for human use,
					 except when such use and person are licensed or authorized by the State
					 Department of Health or the New York City Department of
					 Health.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.23 - Vacating installations and property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installations. Each licensee, at least 30
				  days prior to terminating any license, vacating any installation, or
				  transferring the premises containing such installation, shall permanently
				  decontaminate such installation and premises below or equal to the limits
				  specified in Table 5 of section
				  38.41  of
				  this Part (rule). A survey shall be made after such decontamination and
				  submitted to the commissioner. No such installation or premises shall be
				  vacated, sold or transferred until the decontamination survey has been accepted
				  by the commissioner as demonstrating that the residual radioactive
				  contamination of the installation and premises is as low as is reasonably
				  achievable.
(b) Property. No
				  machinery, instrument, laboratory equipment or any other property used in
				  contact with or in close proximity to radioactive material in a licensed
				  installation shall be assigned, sold, leased or transferred to an unlicensed
				  person unless such property has been permanently decontaminated below or equal
				  to the limits specified in Table 5 of section
				  38.41  of
				  this Part (rule). A survey shall be made after such decontamination and
				  submitted to the commissioner. No such property shall be assigned, sold, leased
				  or transferred until such survey has been accepted by the commissioner as
				  demonstrating that the residual radioactive contamination of the property is as
				  low as is reasonably achievable.
(c) Plans for completion of decommissioning.
(1) In addition to the requirements of
				  subdivisions (a) and (b) of this section, the licensee shall submit a plan for
				  completion of decommissioning if the procedures necessary to carry out
				  decommissioning have not been previously approved by the commissioner and could
				  increase potential health and safety impacts to workers or to the public such
				  as in any of the following cases:
(i)
				  procedures would involve techniques not applied routinely by the licensee
				  during past cleanup or maintenance operations;
(ii) workers would be entering areas not
				  normally occupied where surface contamination and radiation levels are
				  significantly higher than routinely encountered during operation;
(iii) procedures could result in
				  significantly greater airborne concentrations of radioactive materials than are
				  present during operation; or
(iv)
				  procedures could result in significantly greater releases of radioactive
				  material to the environment than those associated with operation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.24 - Personnel monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  External radiation sources.
(1) Each person
				  who possesses any radiation source shall supply and require the proper use of
				  appropriate, calibrated and operable individual monitoring devices by:
(i) adults likely to receive, in one year
				  from sources external to the body, a dose in excess of 10 percent of the limits
				  in section
				  38.18(a)(1) 
				  of this Part (rule);
(ii) minors
				  and declared pregnant women 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 section
				  38.18(g) or
				  (h)  of this Part (rule); and
(iii) individuals entering a high or very
				  high radiation area.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.25 - Radiation symbol, signs, labels and control devices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standard radiation symbol. Unless
				  otherwise authorized by this Part (rule) or by the commissioner, the symbol
				  prescribed by this section shall use the colors magenta, purple, or black on
				  yellow background. The symbol prescribed is the three-bladed design and shall
				  be as illustrated below:
Image
(1) Cross-hatched area is to be magenta,
				  purple, or black.
(2) The
				  background is to be yellow.
(3)
				  Exception to color requirements for standard radiation symbol. Notwithstanding
				  the requirements of this subdivision, licensees or registrants are authorized
				  to label sources, source holders, or device components containing sources of
				  radiation, and which are subjected to high temperatures, with conspicuously
				  etched or stamped radiation caution symbols and without a color
				  requirement.
(4) Additional
				  information on signs and labels. In addition to the contents of signs and
				  labels prescribed in this Part, the licensee or registrant shall 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.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.26 - Respiratory protection and controls to restrict internal exposure in restricted areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use of
				  process or other controls.
(1) The licensee
				  shall use, to the extent practicable, process or other engineering controls
				  such as containment or ventilation to control the concentrations of radioactive
				  material in air.
(2) 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 or registrant shall, consistent
				  with maintaining the total effective dose equivalent ALARA, increase monitoring
				  and limit intakes by one or more of the following means:
(i) control of access; or
(ii) limitation of exposure times;
				  or
(iii) use of respiratory
				  protection equipment; or
(iv) other
				  controls.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.27 - Notices, instructions and reports to workers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and scope. This section
				  establishes requirements for notices, instructions and reports by licensees or
				  registrants to individuals engaged in work under a license or
				  registration.
(b) Posting of
				  notices to workers.
(1) Each licensee or
				  registrant shall post current copies of the following documents:
(i) the regulations of this Part;
(ii) the radioactive materials license, and
				  conditions or documents incorporated into the license by reference, and
				  amendments thereto, or the certificate of registration;
(iii) the operating procedures (including
				  emergency procedures) applicable to work under the license or registration;
				  and
(iv) any notice of violation
				  involving radiological working conditions, proposed imposition of civil penalty
				  or order issued by the commissioner, and any response from the licensee or
				  registrant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.28 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  provisions.
(1) Each licensee or registrant
				  shall use the SI units: becquerel, gray, sievert and coulomb per kilogram, or
				  the special units: curie, rad, rem, and roentgen, including multiples and
				  subdivisions, and shall clearly indicate the units of all quantities on records
				  required by this Part (rule).
(2)
				  The licensee or registrant shall make a clear distinction among the quantities
				  entered on the records required by this Part (rule): such as, total effective
				  dose equivalent, shallow dose equivalent, eye dose equivalent, deep dose
				  equivalent, or committed effective dose equivalent.
(3) Each record required by this Part (rule)
				  shall be legible throughout the specified retention period and maintained in a
				  form specified in this paragraph. The record shall be the original or a
				  reproduced copy or a microform, provided that the copy or microform is
				  authenticated by authorized personnel and that the microform is capable of
				  producing a clear copy throughout the required retention period. The record may
				  also be stored in electronic media with the capability for producing legible,
				  accurate, and complete records during the required retention period. Records,
				  such as letters, drawings, and specifications shall include pertinent
				  information, such as stamps, initials, and signatures. The licensee shall
				  maintain safeguards sufficient to prevent tampering with and loss of
				  records.
(4) The discontinuance of
				  or curtailment of activities does not relieve any person who possesses any
				  radiation source of responsibility for retaining all records required by this
				  Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.29 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Reports
				  of stolen, lost, or missing licensed or registered sources of radiation.
(1) Telephone reports. Each licensee or
				  registrant shall report any stolen, lost or missing licensed or registered
				  source of radiation to the commissioner by telephone immediately (as soon as
				  possible but not more than four hours after discovery) after its occurrence
				  becomes known.
(2) Written reports.
				  Each licensee or registrant required to make a report pursuant to this
				  subdivision shall, within 30 days after making the telephone report, make a
				  written report to the commissioner setting forth the following information:
(i) a description of the licensed or
				  registered source of radiation involved, including, for radioactive material,
				  the kind, quantity, and chemical and physical form, and for radiation
				  equipment, the manufacturer, model and serial number, type and maximum energy
				  of radiation emitted; and
(ii) a
				  description of the circumstances under which the loss or theft occurred;
				  and
(iii) a statement of
				  disposition, or probable disposition, of the licensed or registered source of
				  radiation involved; and
(iv)
				  exposures of individuals to radiation, circumstances under which the exposures
				  occurred, and the possible total effective dose equivalent to persons in
				  unrestricted areas; and
(v) actions
				  that have been taken, or will be taken, to recover the source of radiation;
				  and
(vi) procedures or measures
				  that have been, or will be, adopted to ensure against a recurrence of the loss
				  or theft of licensed or registered sources of radiation.
(3) After filing the written report, the
				  licensee or registrant shall also report any additional substantive information
				  on the loss or theft within 30 days after the discovery of such
				  information.
(4) The names of
				  individuals who may have received exposure to radiation must be stated only in
				  a separate and detachable portion of the report.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.30 - Inspections-tests

Current through Register Vol. 46, No. 28, July 10, 2024
Each person who possesses any radiation source shall comply
					 with the following:
(a) Such person
				  shall afford the commissioner an opportunity to inspect, at any reasonable
				  time:
(1) the radiation source and the
				  installation, institution, establishment, premises or facilities at which such
				  source is located, possessed, stored or used; and
(2) each record required to be maintained by
				  this Part (rule).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.31 - Transportation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  transportation of radioactive materials is subject to other State and Federal
				  requirements, particularly the following:
(1)
				  New York State requirements. The Department of Transportation, Department of
				  Motor Vehicles, certain public authorities and commissions as provided in the
				  Vehicle and Traffic Law, and the requirements of cities having populations in
				  excess of one million.
(2) Federal
				  requirements. The United States Department of Transportation, the Nuclear
				  Regulatory Commission, the Interstate Commerce Commission, the Federal Aviation
				  Agency, the United States Coast Guard and, where the mails are used, the United
				  States Postal Service.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.32 - Procedures for picking up, receiving, and opening packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each licensee who expects to receive a
				  package containing quantities of radioactive material in excess of the
				  applicable A 1 or A 2value
				  specified in Appendix A-12, Table 1 of section
				  38.41  of
				  this Part (rule), shall make arrangements to:
(1) receive the package when the carrier
				  offers it for delivery; or
(2)
				  receive notification of the arrival of the package at the carrier's terminal
				  and to pick up the package expeditiously.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.33 - Specific requirements for well-logging operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The requirements of this section
				  are established for persons conducting well-logging operations in New York
				  State. The requirements of this section are in addition to, and not in
				  substitution of, other requirements of this Part (rule).
(b) Specific requirements. Each person
				  conducting well-logging operations shall comply with the provisions of Part 39
				  of Title 10 of the Code of Federal Regulations, "Licenses and Radiation Safety
				  Requirements for Well-Logging"; July 1, 1993 edition. [FN3]
[FN3] The documents referenced in this Part are available
					 for review and copying at the New York State Department of Labor, State Office
					 Campus, Building 12, Room 509, Albany, NY or the New York State Department of
					 State, 162 Washington Avenue, Albany, NY.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.35 - Special requirements for specific licenses to manufacture or transfer certain items containing naturally occurring or accelerator produced radioactive material

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Licenses for the introduction of radioactive material in exempt
				  concentrations into products or materials, and transfer of ownership or
				  possession:
(1) An application for a
				  specific license authorizing the introduction of radioactive material into a
				  product or material owned by or in the possession of the licensee or another
				  person, and the subsequent transfer of ownership or possession of the product
				  or material to persons exempt under Table 1, Exemption 2 of section
				  38.41  of this Part will be
				  approved if the applicant:
(i) satisfies the
				  general requirements specified in section
				  38.8  of this Part;
(ii) provides a description of the product or
				  material into which the radioactive material will be introduced, intended use
				  of the radioactive material and the product or material into which it is
				  introduced, method of introduction, initial concentration of the radioactive
				  material in the product or material, control methods to assure that no more
				  than the specified concentration is introduced into the product or material,
				  estimated time interval between introduction and transfer of the product or
				  material, and estimated concentration of the radioisotopes in the product or
				  material at the time of transfer; and
(iii) provides reasonable assurance that the
				  concentrations of radioactive material at the time of transfer will not exceed
				  the concentrations in section
				  38.41, Table 8 of this Part, that
				  reconcentration of the radioactive material in concentrations exceeding those
				  in Table 8 is not likely, that use of lower concentrations is not feasible, and
				  that the product or material is not likely to be incorporated in any food,
				  beverage, cosmetic, drug or other commodity or product designed for ingestion
				  or inhalation by, or application to, a human being.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.36 - Specific requirements for irradiators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The requirements of this section
				  apply to panoramic irradiators that have either dry or wet storage of
				  radioactive sealed sources, and to underwater irradiators in which both the
				  source and the product being irradiated are under water. Irradiators whose dose
				  rates exceed five grays (500 rads) per hour at one meter from the radioactive
				  sources in air or water, as applicable for the type of irradiator, are covered
				  by this section. The requirements of this section are in addition to other
				  requirements of this Part, and nothing in this section relieves the licensee
				  from complying with other applicable regulations for siting, zoning, land use
				  and building code requirements for industrial facilities.
(b) Specific requirements. Each person who
				  constructs or operates an irradiator shall comply with the provisions of title
				  10 of the Code of Federal Regulations, "Licenses and Radiation Safety
				  Requirements for Irradiators," part 36, January 1, 1995 edition [FN1].
[FN1] The documents referenced in this Part are available
					 for review and copying at the Department of Labor, State Campus, Bldg. 12, Rm.
					 509, Albany, NY or the Department of State, 41 State St., Albany,
					 NY.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.40 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part (rule) or the application
					 thereof to any person or circumstance is held invalid, such invalidity shall
					 not affect other provisions or applications of this Part (rule) which can be
					 given effect without the invalid provisions or applications, and to this end
					 the provisions of this Part (rule) are declared to be
					 severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.41 - Tables and appendices

Current through Register Vol. 46, No. 28, July 10, 2024
The tables (see Appendix A-10, infra) and appendices hereto
					 annexed and designated "Table 1--Exemptions," "--Exempt Quantities," "Table
					 3--General Licenses: Items, Terms and Conditions," "Table 4--Quantities of
					 Licensed Material," "Table 5--Acceptable Surface Contamination Levels," "Table
					 6-- Protection Factors for Respirators," "Table 7--Quantities of Radioactive
					 Materials Requir ing Consideration of the Need for an Emergency Plan for
					 Responding to a Release," "Table 8--Exempt Concentrations," "Appendix A-12-- A
					 1 and A 2 Values for
					 Radionuclides," "Appendix A-13--Annual Limits on Intake (ALI) and Derived Air
					 Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent
					 Concentrations; Concentrations for Release to Sanitary Sewerage,"and "Appendix
					 C-2--Criteria Relating to Use of Financial Tests and Parent Company Guarantees
					 for Providing Reasonable Assurance of Funds for Decommissioning" are hereby
					 made provisions of this Part (rule).