ML20058D271
| ML20058D271 | |
| Person / Time | |
|---|---|
| Issue date: | 11/05/1993 |
| From: | Faulkenberry B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Flagor G RICHARDSON X-RAY, INC. |
| Shared Package | |
| ML20058D277 | List: |
| References | |
| EA-93-201, NUDOCS 9312030116 | |
| Download: ML20058D271 (6) | |
See also: IR 015000004/1993011
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NUCLEAR RLaOLATORY COMMISSION
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REGION V
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1450 MARIA LANE
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WAL. NUT CREEX, CAUFORNIA 94596-5368
November 5,
1993
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Docket No.
15000004
California License No.
0373-70
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EA 93-201
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Richardson X-Ray, Inc.
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ATTN:
Gail Flagor, President
12707 Rives Avenue, Suite F
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Downey, California
90242
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SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL
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PENALTIES - ($25,000)
(NRC INSPECTION REPORT NO. 15000004/93-10)
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This refers to the inspection conducted on July 29 and 30, 1993,
of Richardson X-Ray, Inc., Downey, California.
The results of
the inspection were documented in NRC Inspection Report No.
15000004/93-10, dated August 13, 1993.
Six violations of NRC.
requirements were identified during observations of radiographic
operations performed under reciprocity at Vandenburg Air Force'
Base, California.
The violations, their causes, and your
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corrective actions were discussed with you during an Enforcement
Conference on August 19, 1993.
The results of the Enforcement
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Conference were documented in Report No. 93-11, which is
enclosed.
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The six violations are described in the enclosed Notice of
Violation and Proposed Imposition of Civil Penalties (Notice).
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The violations involve:
1) failure to perform surveys of the
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exposure device after each radiographic exposure, 2) failure of
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the radiographer to provide supervision of a-radiographer's
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assistant,
3) failure to wear an alarm ratemeter, 4) failure to
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adequately post the radiation area and high radiation. area,
5) failure to train an individual working as a radiographer's
assistant, and 6) failure to block or brace radioactive material
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during transport.
Violations I.A, B and C,
the failures to perform surveys,
properly supervise a radiographer's assistant, and wear an alarm
ratemeter, involved a disregard for personal safetyLand the
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unsupervised conduct of licensed activities by an unqualified
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individual.
These violations clearly' contravened the
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requirements of 10 CFR Part 34.
During!the Enforcement
Conference, a violation was identified for the failure to provide
supervision of a radiographer's assistant as. required by 10 CFR 34.44.
The failure to provide supervision was cited because the
radiographer did not observe or direct the radiographer's
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assistant during his performance of surveys to determine if the
sealed source had returned to the shielded position.
The root
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causes of these violations appear to involve management's failure
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to adequately 1) ensure that personnel assigned to perform
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radiographic operations were fit to perform licensed activities
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in a safe manner, 2) inform the assigned radiographer of the
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capabilities and limited qualifications of his assistant, and 3)
provide training to licensee personnel before they worked with or
around sealed sources.
Therefore, in accordance with the
enclosed " General Statement of Policy and Procedure for NRC
Enforcement Actions" (Enforcement Policy), 10 CFR Part 2,
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Appendix C, Violations I.A, B and C have been categorized as a
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Severity Level III problem and violation.
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The NRC recognizes that after the inspector identified the .
violations, you took the same corrective actions that you took
for similar violations identified during an NRC inspection
performed on April 9 and 10, 1992, at Twentynine Palms,
The corrective actions included a.30-day suspension
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of the radiographer, training for radiographic personnel on the
initial NRC findings, and hiring a' consultant to perform audits
of radiographers.
Based on the repetitiveness of these
violations (third occurrence for failure to perform surveys and
second occurrence for failure to wear personal monitoring
devices), it appears that your immediate corrective actions in
1992 were not adequate to prevent additional radiographic
personnel from repeating the violations identified on April 9 and
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10, 1992.
Accordingly, you need to consider additional
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corrective actions to prevent further repetition of these
violations.
To emphasize the need for effective management oversight of your
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Radiation Safety Program, I have been authorized, after
consultation with the Director, Office of Enforcement, to issue
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the enclosed Notice of Violation and Proposed Imposition of Civil
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Penalties (Notice) in the amount of.$25,000 for the Severity
Level III problem and violation.
The base value of a civil
penalty for a Severity Level III violation is $5,000.
The civil penalty adjustment factors in the Enforcement Policy
were considered.
Both civil penalties were escalated 50% based
on the NRC's identification of the violations.
Both civil
penalties were escalated 100% based on your poor past
performance.
Specifically, the failure to perform complete
surveys of the exposure device was preceded by similar failures-
identified in inspections performed on December 5 and 6,
1991'
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and April 9 and 10, 1992. .The failure to wear personal
monitoring devices and the failure to adequately post the
radiation and high radiation areas were preceded by'similar
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failures identified in the inspection performed on April 9 and
10, 1992.
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Both civil penalties could have been escalated 100% because you
had prior notice alerting you to the actions required to assure
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compliance with NRC requirements, and your response to that
notice was of questionable adequacy.
Specifically, you received
an NRC Region V letter dated August 12, 1992, from Gregory Yuhas,
Chief, Radioactive Materials Safety Branch, emphasizing the NRC's
requirements for performing radiography under reciprocity in NRC
jurisdiction, and noting the significant civil penalties
resulting from failures to perform surveys and wear alarm
ratemeters.
While you alerted your then current employees to
this letter, you failed to assure the adequacy of that action,
and you failed to follow up with new employees.
However, because
you took some action in response to the notice, and because the
failure to follow up with the new employee is being cited
separately, we have decided not to escalate for this factor.
The other adjustment factors in the Policy were considered but no
further adjustment to the base civil penalty is considered
appropriate.
We neither escalated nor mitigated the base civil
penalty for your corrective actions.
We did not escalate in view
of your immediate suspension of the radiographer, and in view of
your hiring of a consultant to audit and offer additional
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training to your personnel.
Further, we did not mitigate the
base civil penalty for your corrective actions for two reasons.
First, similar corrective actions for past violations were
inadequate to prevent the current violations, raising the
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question of why they should be effective this time.
Second, your
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corrective actions were focused entirely on radiography personnel
rather than on a searching examination of your program, including
the adequacy of your procedures and the effect of management
attitudes on radiographer compliance with regulatory
requirements.
In reference to this latter factor, several
comments by licensee management at the Enforcement Conference led
us to infer that management does not share the NRC's concern as
to the need for surveys of the source guide tube in all work
environments and for wearing alarm ratemeters while working in
areas outside of NRC jurisdiction.
If this inference is
accurate, then it is not surprising that licensee radiographers
cut corners in these areas.
The repeated failure over the past few years to perform surveys
and wear personal monitoring devices demonstrates a lack of
regard for adherence to procedures and a lack of management
control and supervision over licensed activities, and raises a
question as to whether you will conduct activities in NRC
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jurisdiction in accordance with the Commission's requirements.
Accordingly, in order for the Commission to determine whether you
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should be permitted to conduct activities in NRC jurisdiction, or
other enforcement action should be taken to ensure compliance
with NRC regulatory requirements, a separate Demand for
Information is being issued to you.
In addition, a separate
Demand for Information has been sent to the radiographer,
requesting that he provide information concerning his activities
and understanding of regulatory requirements.
Both of these
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Demands for Information will be withheld from the PDR at this
time and we will otherwise attempt to withhold the Demands from
public disclosure pending our decision on the need for additional
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enforcement action based on the responses to the Demands.
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Following decisions as to further enforcement action, the Demands
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and responses will be placed in the Public Document Room.
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A second violation, the failure to provide instruction to a
radiographer's assistant as required by 10 CFR 34.31(b), was also
cited as a result of further discussions during the Enforcement
Conference.
The failure to provide instruction to a
radiographer's assistant was cited since the radiographer's
assistant performing work at Vandenburg Air Force Base had not
received instruction in or demonstrated competence in the
radiation safety requirements associated with the performance of
radiography with sealed sources.
The failure to maintain surveillance of the operation to prevent
entry into the high radiation area, as required by 10 CFR 34.41,
is not being cited.
Although the inspector gained undetected
access to the radiation area, it is possible that the inspector's
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presence may have been detected if he had walked an additional 15
to 20 feet towards the exposure device, entering the high
radiation area.
Even though the violation is not being cited,
you need to ensure that radiographers maintain surveillance of
the restricted area boundary so that individuals are detected
entering the radiation area, with adequate time left to prevent
entry into a high radiation area.
You are required to respond to this letter and should follow the
instructions specified in the enclosed Notice and Demand when
preparing your responses.
In your response to the Notice, you
should document the specific actions taken and any additional
actions you plan to prevent recurrence.
After reviewing your
responses to the Notice and separate Demand, including your
proposed corrective actions, the NRC will determine whether
further NRC enforcement action is necessary to ensure compliance
with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice,"
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a copy of this letter and its enclosures will be placed in the
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NRC Public Document Room.
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The responses directed by this letter and the enclosed Notice and
Demand are not subject to the clearance procedures of the Office
of Management and Budget as required by the Paperwork Reduction
Act of 1980, Pub. L. No.96-511.
Sincerely,
,en erry
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Regional Admi istr& tor
Enclosures:
1. Report 93-11
2. Notice of Violation and Proposed Imposition of Civil Penalties
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3. NRC Enforcement Policy, 10 CFR Part 2, Appendix C
cc: State of California
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DISTRIBUTION:
fPDR
SECY
CA
JTaylor, EDO
HThorppson, DEDS
JLieberman, OE
BFaulkenberry, RV
LChandler, OGC
JGoldberg, OGC
RBernero, NMSS
CPaperiello, NMSS
Enforcement Coordinators,
RI, RII, RIII, RIV
FIngram, GPA/PA
DWilliams, OIG
BHayes, OI
EJordan, AEOD
GCant, OE
EA File (2)
bec w/ enclosure:
RV Docket File
Inspection File
GCook
RHuey
MBlume
bec w/o enclosure:
MSmith
JZollicoffer
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AD:OE
RA:RV
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GCant
PSantiago
BFaulkenberry
JGoldberg
10/
/93
10/
/93
10/
/93
10/
/93
DD:OE
D:OE
JGray
CPaperiello JLieberman
10/
/93
10/
/93
10/
/93
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