12 CRR-NY 38.22NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER I. INDUSTRIAL BOARD OF APPEALS
SUBCHAPTER A. THE INDUSTRIAL CODE
PART 38. IONIZING RADIATION PROTECTION
12 CRR-NY 38.22
12 CRR-NY 38.22
38.22 Surveys, checks and tests.
(a) Surveys—general.
Each person who possesses any radiation source shall make, or cause to be made, the applicable surveys required under this section and such additional surveys as may be necessary for such person to comply with other provisions of this Part (rule).
(b) Instrumentation.
Each person required to perform a survey by this Part (rule) shall be provided with or have available appropriate calibrated and operable instruments capable of detecting and measuring radiation.
(c) Radiation equipment—surveys.
Every installation and mobile source wherein radiation equipment is to be used shall be surveyed during the initial operation of such equipment and whenever any change is made in such installation or mobile source or in its use that might increase the radiation level to which an individual could be exposed. When vibrations or other physical conditions exist in such installations or mobile sources which may cause changes in the protective features, surveys shall be made at least every six months.
(d) Radioactive materials—surveys.
Any installation wherein radioactive materials are handled or installed which has any readily accessible area in which there is reasonable expectation that a radiation level will exist in excess of 2 millirems per hour, or any mobile source which could create such a radiation level, shall be surveyed during the initial operation and whenever any change is made in such installation or mobile source or in its use that might increase the radiation level to which an individual could be exposed.
(e) Unsealed sources—surveys.
Radiation installations wherein radioactive material not contained in a sealed source is handled or installed shall be surveyed at least once a month for radioactive contamination. With regard to radioactive contamination of surfaces, compliance with section 38.17(a) of this Part (rule) may be assumed if the limits specified in Table 5 of section 38.41 of this Part (rule) are met.
(f) Sealed sources—leak test.
(1) Each sealed source containing radioactive material other than hydrogen 3, with a half life greater than 30 days and in any form other than gas, shall be tested for leakage prior to initial use and at successive intervals thereafter not exceeding six months, except that each source designed for the purpose of emitting alpha particles shall be tested at intervals not exceeding three months. Notwithstanding the periodic leak test required by this paragraph, any licensed sealed source is exempt from such leak tests when the source contains 3.7 MBq (100 microcuries) or less of beta and/or gamma emitting material or 370 kBq (10 microcuries) or less of alpha emitting material. Except for alpha sources, the periodic leak test required by this paragraph shall not apply to sealed sources that are stored and not being used. The sources excepted from this requirement shall be tested for leakage prior to any use or transfer to another person unless they have been leak tested within six months prior to the date of use or transfer. In the absence of the delivery of a certificate by the transferor to the transferee indicating that a test pursuant to the applicable provisions of this Part (rule) was made within six months prior to the transfer, the source shall not be used until tested for leakage. If there is reason to suspect that a sealed source might have been damaged, or might be leaking, such source shall be tested for leakage before further use.
(2) The test sample shall be taken from selected accessible surfaces of the sealed source or from surfaces of the device in which the source is permanently mounted or stored. The selected surfaces should be those on which contamination would be expected to accumulate if the source was leaking. Where applicable, the test sample shall be taken with the source in the “ off”position.
(3) The leak test technique shall be capable of detecting 185 Bq (0.005 microcurie) of removable radioactivity, or from sealed radium sources, the escape of radon at the rate of 37 Bq (0.001 microcuries) per 24 hours.
(4) Detection of a leak in any sealed source in excess of the sensitivity levels set forth in this subdivision shall result in immediate suspension of the use of such source until it is decontaminated and repaired or disposed of in accordance with section 38.20 of this Part (rule).
(5) Records of leak test results shall be kept in units of microcuries per test sample and maintained for inspection by the commissioner. A report shall be submitted to the commissioner for each source found to be leaking in excess of the above sensitivity levels within five days of detection of the leak and shall describe the equipment involved, the test results, and the corrective actions taken.
(g) Protective devices.
All protective devices such as interlocks, safety switches, fume hoods, filters and trapping devices for radioactive gases, shall be maintained in good repair and proper operating condition.
12 CRR-NY 38.22
Current through March 15, 2022
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