Responsibility for radiation safety and radiation protection programs.
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
safety 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
(d) implements the ALARA requirements of subsection (a) of this section, and not withstanding the requirements of subsection 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 license exceeds this dose constraint, the licensee
shall report the exceedence as provided in 38.29(c) of this Part, and promptly take
appropriate corrective action to ensure against recurrence.
Historical Sec. amd. filed June 10, 1971; repealed, new filed July 6, 1978; renum. 38.14, new Note: filed June 9, 1994; amd. filed April 15, 1999 eff. May 5, 1999. Amended (b), added (d).
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