TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER b: RADIATION PROTECTION
PART 400
NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS; INSPECTIONS
Section
400.10 Purpose and Scope
400.110 Posting of Notices to Workers
400.120 Instructions to Workers
400.130 Notifications and Reports to Individuals
400.140 Presence of Representatives of Licensees or Registrants
and Workers During Inspection
400.150 Consultation with Workers During Inspections
400.160 Requests by Workers for Inspections
400.170 Inspections Not Warranted; Informal Review
AUTHORITY: Implementing and authorized by Sections 8 - 8.13 of the Radiation
Protection Act (Ill. Rev. Stat. 1987, ch. 111�, pars. 218 - 218.13), and
Section 5 of "AN ACT in relation to personnel monitoring" (Ill. Rev. Stat.
1987, ch. 111�, par. 230.15).
SOURCE: Adopted at 10 Ill. Reg. 17496, effective September 25, 1986; amended
at 11 Ill. Reg. 15629, effective September 11, 1987; amended at 13 Ill. Reg.
effective August 11, 1989.
Section 400.10 Purpose and Scope
a) This Part establishes requirements for notices, instructions, and
reports by licensees or registrants to individuals engaged in
activities under a license or registration and options available to
such individuals in connection with Department of Nuclear Safety
(Department) inspections of licensees or registrants to ascertain
compliance with the provisions of the Radiation Protection Act
(Ill. Rev. Stat. 1987, ch. 111�, pars. 211 et seq.) (the Act) and
regulations, orders, and licenses issued thereunder regarding
radiological working conditions.
b) The regulations in this Part apply to:
1) All persons who receive, possess, use, own, or transfer
sources of radiation registered with or licensed by the
Department pursuant to 32 Ill. Adm. Code 320 or 330.
2) Inspection and testing of radiation machines and associated
operating procedures by Departmental inspectors or by
qualified nondepartment inspectors whose names are included in
the department's record of individuals approved as qualified
nondepartment inspectors of radiation machines pursuant to 32
Ill. Adm. Code 410.
3) Inspection of licensed activities by Departmental inspectors.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.110 Posting of Notices to Workers
a) Each licensee or registrant shall post current copies of the
following documents:
1) the regulations in this Part and in 32 Ill. Adm. Code 340;
2) the certificate of registration, the license, the license
conditions, and any documents incorporated into the license by
reference and amendments thereto;
3) the operating procedures applicable to activities under the
license or registration; and
4) any notice of violation involving radiological working
conditions, proposed imposition of civil penalty, or order
issued pursuant to 32 Ill. Adm. Code 310, and any response
from the licensee or registrant.
b) If the posting of a document specified in subsections (a)(1), (2),
or (3) is not practicable, the licensee or registrant may post a
notice which describes the documents and states where they may be
examined.
c) Department Form KLA.001 "Notice to Employees" shall be posted by
each licensee or registrant.
d) Department documents posted pursuant to subsection (a)(4) shall be
posted within five (5) working days after receipt of the documents
from the Department; the licensee's or registrant's response, if
any, shall be posted within five (5) working days after dispatch
from the licensee or 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.
e) Documents, notices, or forms posted pursuant to this Section shall
appear in a sufficient number of places to permit individuals
engaged in work under the license or 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.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.120 Instructions to Workers
a) All individuals working in, or the performance of whose duties
requires access to any portion of a restricted area:
1) shall be kept informed of the storage, transfer, or use of
sources of radiation in such portions of the restricted area;
2) shall be instructed in the health protection problems
associated with exposure to radiation or radioactive material,
in the risks of radiation exposure to the embryo and fetus, in
precautions or procedures to minimize exposure, and in the
purposes and functions of protective devices employed;
3) shall be instructed in, and instructed to observe to the
extent within the worker's control, the conditions of the
license, the provisions of this Part and 32 Ill. Adm. Code
310, 320, 330, 331, 340, 341, 350, 351, 401 and 601 for the
protection of personnel from exposures to radiation or
radioactive material occurring in such areas;
4) shall be instructed to report promptly to the licensee or
registrant any condition which may constitute, lead to, or
cause a violation of the Act, the conditions of the license,
the provisions of this Part or 32 Ill. Adm. Code 310, 320,
330, 331, 340, 341, 350, 351, 360, 370, 380, 390, 401, 410 and
601 or unnecessary exposure to radiation or radioactive
material;
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
6) shall be advised as to the radiation exposure reports which
workers shall be furnished pursuant to Section 400.130.
b) These instructions shall be of sufficient detail to avoid radiolo-
gical health protection problems and shall be given directly to
each worker either in writing or in an orientation course, with the
workers signing a statement that they have received the above
information and understand it.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.130 Notifications and Reports to Individuals
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 this Section. The
information reported shall include data and results obtained
pursuant to this Part, orders, or license conditions, as shown in
records maintained by the licensee or registrant pursuant to 32
Ill. Adm. Code 340.4010(a) and (c). Each notification and report
shall:
1) be in writing;
2) include the name of the licensee or registrant, the name of
the individual, and the individual's social security number;
3) include the individual's exposure information; and
4) contain the following statement:
"This report is furnished to you under the provisions of
the Department of Nuclear Safety Regulations for
Radiation Protection (32 Ill. Adm. Code 400). You should
preserve this report for further reference."
b) At the request of a worker, the licensee or registrant shall advise
each worker annually of the worker's exposure to radiation or
radioactive material as shown in records maintained by the licensee
or registrant pursuant to 32 Ill. Adm. Code 340.4010(a) and (c).
c) At the request of a worker, each licensee or registrant shall
furnish to the worker a report of the worker's exposure to
radiation or radioactive material upon termination of employment.
Such report shall be furnished within 30 days from the time the
request is made, or within 30 days of termination of employment, or
within 30 days after exposure of the individual has been determined
by the licensee or registrant, whichever is later. The report
shall cover each calendar quarter in which the worker's activities
involved exposure to sources of radiation and shall include the
dates and locations of work under the license or registration in
which the worker participated.
d) When a licensee or registrant is required pursuant to 32 Ill. Adm.
Code 340.4050 to report to the Department any exposure of an
individual to radiation or radioactive material, the licensee or
the registrant shall also provide the individual a report on the
exposure data included therein. Such reports shall be transmitted
at a time not later than the transmittal to the Department.
e) At the request of a worker who is terminating employment in a given
calendar quarter with the licensee or registrant in work involving
radiation dose, or of a worker who, while employed by another
person, is terminating assignment to work involving radiation dose
in the licensee's or registrant's facility in that calendar
quarter, each licensee or registrant shall provide to each such
worker, or to the worker's designee, at termination, a written
report regarding the radiation dose received by that worker from
operations of the licensee or registrant during that specifically
identified calendar quarter or fraction thereof, or provide a
written estimate of that dose if the finally determined personnel
monitoring results are not available at that time. Estimated doses
shall be clearly indicated as such. If an estimate of dose is
provided, the actual radiation exposure records shall be provided
to the worker when these records become available to the licensee
or registrant.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.140 Presence of Representatives of Licensees or Registrants and
Workers During Inspection
a) Pursuant to Section 400.160 and 32 Ill. Adm. Code 310.50, each
licensee or registrant shall afford the Department at all
reasonable times the opportunity to inspect such materials,
machines, activities, facilities, premises, and records as the
Department determines are necessary to establish compliance with
the requirements of the license and the provisions of 32 Ill. Adm.
Code 310, 320, 330, 331, 340, 341, 350, 351, 360, 370, 380, 390,
400, 401, 410, and 601. Reasonable times shall be any time the
facility is operational. The inspection may be announced or
unannounced. Materials licensees shall be inspected at least as
frequently as they would have been inspected by the U.S. Nuclear
Regulatory Commission (U.S. NRC) if the licensees were regulated by
the U.S. NRC, but no more frequently than once in a calendar
quarter. Radiation machines shall be inspected in accordance with
the provisions of Sections 8.11 and 8.13 of the Act. Inspection of
licensees and radiation machines may be conducted more frequently
than once per calendar quarter if, in the past three years, there
has been a condition at the facility which required emergency
response; or if the Department has received a complaint, the
investigation of which will result in a more frequent inspection;
or if the Department has documented a violation of the Act or the
above referenced rules of the Department at the facility and
additional inspections are necessary to establish that the
violation has been abated.
b) During an inspection, Departmental and qualified nondepartment
inspectors may consult privately with workers as specified in
Section 400.150. The licensee or registrant may accompany
Departmental and qualified nondepartment inspectors during other
phases of an inspection.
c) If, at the time of inspection, an individual has been authorized by
the workers to represent them during inspections, the licensee or
registrant shall notify the Departmental or qualified nondepartment
inspectors of such authorization and shall give the workers'
representative an opportunity to accompany the inspectors during
the inspection of physical working conditions.
d) Each workers' representative shall be routinely engaged in work
under control of the licensee or registrant and shall have received
instructions as specified in Section 400.120.
e) Different representatives of licensees or registrants and workers
may accompany the Departmental or qualified nondepartment
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.
f) 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
Departmental and qualified nondepartment inspectors during the
inspection of physical working conditions.
g) Notwithstanding the other provisions of this Section, Departmental
inspectors and qualified nondepartment 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, i.e., trade secrets and commercial or
financial information where such information is privileged or
confidential or where disclosure of such information may cause
competitive harm, the workers' representative for that area shall
be an individual previously authorized by the licensee or
registrant to enter that area.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.150 Consultation with Workers During Inspections
a) Departmental and qualified nondepartment inspectors may consult
privately with workers concerning matters of occupational radiation
protection and other matters related to the activities of the
licensee or registrant which bear upon compliance with the
conditions of the license or the provisions of this Part or 32 Ill.
Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 360, 370, 380,
390, 401, 410 or 601.
b) During the course of an inspection, or at any other time, any
worker may bring privately to the attention of the Department, its
inspectors or qualified nondepartment 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, the provisions of this Part or 32 Ill. Adm. Code 310,
320, 330, 331, 340, 341, 350, 351, 360, 370, 380, 390, 401, 410,
and 601 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 Section 400.160(a). If a worker seeks an
opportunity to speak to an inspector during an inspection, the
licensee or registrant shall permit the worker such opportunity.
AGENCY NOTE: The provisions of subsection (b) shall not be
interpreted as authorization to disregard instructions pursuant to
Section 400.120.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.160 Requests by Workers for Inspections
a) Any worker or representative of workers believing that a violation
of the Act, the provisions of this Part or 32 Ill. Adm. Code 310,
320, 330, 331, 340, 341, 350, 351, 360, 370, 380, 390, 401, 410 and
601, or license conditions exists or has occurred, or that an
unnecessary exposure to radiation or radioactive material 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 Department. Any such notice shall be in writing, shall set
forth the circumstances describing the perceived violation or
condition, and shall be signed by the worker or representative of
the workers. A copy shall be provided to the licensee or
registrant by the Department no later than at the time of
inspection except that, upon the request of the worker giving such
notice, his 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 Department, except for good cause shown,
such as when necessary in the course of enforcement actions.
b) If conditions stated on the face of the complaint indicate there is
or has been a violation or the possibility of a violation, the
Department shall conduct an inspection as soon as practicable to
determine if such alleged violation exists or has occurred.
Inspections made pursuant to this Section need not be limited to
matters referred to in the complaint.
c) No 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 proceedings
under this Part 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 Part.
Furthermore, each licensee and registrant shall instruct his
contractors and subcontractors not to discharge or in any manner
discriminate against any worker because such worker has filed any
complaint or instituted or caused to be instituted any proceedings
under this Part 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 any option afforded by this Part. Any worker who
believes that he has been so discharged or discriminated against
may file a complaint with the Department alleging a violation of
this subsection.
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
Section 400.170 Inspections Not Warranted; Informal Review
a) Review of Determination That No Inspection is Warranted
1) If the Office of Radiation Safety determines, pursuant to
Section 400.160, that an inspection is not warranted, the
Office of Radiation Safety shall notify the complainant in
writing within 60 days of receipt of the complaint. The
complainant may obtain review of such determination by
submitting a written statement of position with the
Department. The Department 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 Department.
The Department will provide the complainant with a copy of
such statement by certified mail.
2) Upon the request of the complainant or the licensee or
registrant, the Department shall hold an informal conference
in which the complainant and the licensee or registrant may
orally present their views. If such a conference is requested
by the complainant, the presence of the licensee or registrant
at the conference shall be subject to the concurrence of the
complainant. If the conference is requested by the licensee
or registrant, the presence or disclosure of the identity of
the complainant will be made only pursuant to written
authorization from the complainant. After considering all
written and oral views presented, the Department shall affirm,
modify, or reverse the determination of the Office of
Radiation Safety and furnish the complainant and the licensee
or registrant a written notification of the decision and the
reason therefor.
b) If the Department determines that an inspection is not warranted
because the requirements of Section 400.160(a) have not been met,
the complainant shall be notified in writing, within 30 days of
receipt of the complaint, of such determination. Such
determination shall be without prejudice to the filing of a new
complaint meeting the requirements of Section 400.160(a).
(Source: Amended at 13 Ill. Reg. 13581, effective August 11, 1989)
