W. Va. Code R. § 64-23-13

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-23-13 - Notices, Instructions and Reports to Workers; Inspections

13.1. Purpose and Scope. This Section establishes requirements for notices, instructions and reports by registrants to individuals engaged in activities under a registration and options available to such individuals in connection with agency inspections of registrants to ascertain compliance with the provisions of the rules issued thereunder regarding radiological working conditions. The rules in this Section apply to all persons who receive, possess, use, own, or transfer sources of radiation registered with agency pursuant to Sections 5. and 11. of this rule.

13.2. Posting of Notices to Workers.

13.2.a. Each registrant shall post current copies of the following documents:

13.2.a.1. The rules in this Section and in Section 6. of this rule;

13.2.a.2. Certificate of registration, conditions or documents incorporated into the registration by reference and amendments thereto;

13.2.a.3. The operating procedures applicable to activities under the registration; and

13.2.a.4. Any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or order issued pursuant to Section 1 of this rule, and any response from the registrant.

13.2.b. If posting of a document specified in Paragraph 13.11.a.1., 2., or 3. is not practicable, the registrant may post a notice which describes the document and states where it may be examined.

13.2.c. Agency Form X "notice to employees" shall be posted by each registrant as required by this rule.

13.2.d. Agency documents posted pursuant to Paragraph 13.11.a.4. shall be posted within five (5) working days after receipt of the documents from the agency; the registrant's response, if any, shall be posted within five (5) working days after dispatch from the registrant. Such documents shall remain posted for a minimum of five (5) working days or until action correcting the violation has been completed, whichever is later.

13.2.e. Documents, notices, or forms posted pursuant to Subsection 13.11. shall appear in a sufficient number of places to permit individuals engaged in work under the registration to observe them on the way to or from any particular work location to which the document applies, shall be conspicuous, and shall be replaced if defaced or altered.

13.3. Instructions to Workers.

13.3.a. All individuals likely to receive an occupational dose:

13.3.a.1. Shall be kept informed of the storage, transfer, or use of sources of radiation in the registrant's workplace;

13.3.a.2. Shall be instructed in the health protection problems associated with exposure to radiation or radioactive material to the individual and potential offspring, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed;

13.3.a.3. Shall be instructed in, and instructed to observe, to the extent within the worker's control, the applicable provisions of this rule for the protection of personnel from exposures to radiation or radioactive material;

13.3.a.4. Shall be instructed of their responsibility to report promptly to the registrant any condition which may constitute, lead to, or cause a violation of the act, this rule, or any unnecessary exposure to radiation or radioactive material;

13.3.a.5. Shall be instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive material; and

13.3.a.6. Shall be advised as to the radiation exposure reports which workers shall be furnished pursuant to Subsection 13.13.

13.3.b. The extent of these instructions shall be commensurate with potential radiological health protection problems present in the workplace.

13.4. Notifications and Reports to Individuals.

13.4.a. Radiation exposure data for an individual and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in Subsection 13.13. The information reported shall include data and results obtained pursuant to this rule as shown in records maintained by the registrant pursuant to Subsection 6.46. of this rule. Each notification and report shall:

13.4.a.1. Be in writing;

13.4.a.2. Include appropriate identifying data such as the name of the registrant, the name of the individual, and the individual's identification number, preferably social security number;

13.4.a.3. Include the individual's exposure information; and

13.4.a.4. Contain the following statement: "This report is furnished to you under the provisions of Section 13. You should preserve this report for further reference."

13.4.b. Each registrant shall furnish to each worker annually a written report of the worker's dose as shown in records maintained by the registrant or registrant pursuant to Subsection 6.46. of this rule.

13.4.c. Each registrant shall furnish a written report of the worker's exposure to sources of radiation at the request of a worker formerly engaged in activities controlled by the registrant. The report shall include the dose record for each year the worker was required to be monitored pursuant to Subdivision 13.4.a. of this rule. Such report shall be furnished within thirty (30) days from the date of the request, or within thirty (30) days after the dose of the individual has been determined by the registrant, whichever is later. The report shall cover the period of time that the worker's activities involved exposure to sources of radiation and shall include the dates and locations of work under the registration in which the worker participated during this period.

13.4.d. When a registrant is required pursuant to Subsection 6.53., 6.54., or 6.55. of this rule to report to the agency any exposure of an individual to sources of radiation, the registrant shall also provide the individual a written report on the exposure data included therein. Such reports shall be transmitted at a time not later than the transmittal to the agency.

13.4.e. At the request of a worker who is terminating employment with the registrant in work involving exposure to radiation or radioactive material, during the current year, each registrant shall provide at termination to each such worker, or to the worker's designee, a written report regarding the radiation dose received by that worker from operations of the registrant during the current year or fraction thereof. If the most recent individual monitoring results are not available at that time, a written estimate of the dose shall be provided together with a clear indication that this is an estimate.

13.5. Presence of Representatives of Registrants and Workers During Inspection.

13.5.a. Each registrant shall afford to the agency at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises, and records pursuant to this rule.

13.5.b. During an inspection, agency inspectors may consult privately with workers as specified in Subsection 13.15. The registrant may accompany agency inspectors during other phases of an inspection.

13.5.c. If, at the time of inspection, an individual has been authorized by the workers to represent them during agency inspections, the 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.

13.5.d. Each workers' representative shall be routinely engaged in work under control of the registrant and shall have received instructions as specified in Subsection 13.12.

13.5.e. Different representatives of 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.

13.5.f. With the approval of the registrant or registrant and the workers' representative, an individual who is not routinely engaged in work under control of the registrant, for example, a consultant to the registrant or to the workers' representative, shall be afforded the opportunity to accompany agency inspectors during the inspection of physical working conditions.

13.5.g. Notwithstanding the other provisions of Subsection 13.14., agency 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 registrant or registrant to enter that area.

13.6. Consultation With Workers During Inspections.

13.6.a. Agency inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of this rule to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.

13.6.b. 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 this rule or any unnecessary exposure of an individual to sources of radiation under the registrant's or registrant's control. Any such notice in writing shall comply with the requirements of Subdivision 13.6.a.

13.6.c. The provisions of Subdivision 13.15.b. shall not be interpreted as authorization to disregard instructions pursuant to Subsection 13.12.

13.7. Requests by Workers for Inspections.

13.7.a. Any worker or representative of workers believing that a violation of this rule exists or has occurred in work under a 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 WV Radiation Control Program. 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 registrant or registrant by the WV Radiation Control Program no later than at the time of inspection except that, upon the request of the worker giving such notice, such worker's 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 agency, except for good cause shown.

13.7.b. If, upon receipt of such notice, the WV Radiation Control Program determines that the complaint meets the requirements set forth in Subdivision 13.16.a., 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 Subsection 13.16. need not be limited to matters referred to in the complaint.

13.7.c. No registrant, or contractor or subcontractor of a 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 this rule or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of such worker or others of any option afforded by this Section.

13.8. Inspections Not Warranted; Informal Review.

13.8.a. If the WV Radiation Control Program determines, with respect to a complaint under Subsection 13.16., that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the WV Radiation Control Program 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 WV Office of Environmental Health Services. Such agency will provide the registrant with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The registrant may submit an opposing written statement of position with the WV Office of Environmental Health Services. Such agency will provide the complainant with a copy of such statement by certified mail.

13.8.b. Upon the request of the complainant, the WV Office of Environmental Health Services may hold an informal conference in which the complainant and the registrant may orally present their views. An informal conference may also be held at the request of the registrant 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 and oral views presented, the WV Office of Environmental Health Services shall affirm, modify, or reverse the determination of the WV Radiation Control Program and furnish the complainant and the registrant a written notification of the decision and the reason therefor.

13.8.c. If the WV Radiation Control Program determines that an inspection is not warranted because the requirements of Subdivision 13.16.a. 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 Subdivision 13.16.a.

W. Va. Code R. § 64-23-13