ML20199L127

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment Re 10CFR19, Notices,Instructions & Repts to Workers:Insp & Investigations

ML20199L127
Person / Time
Issue date:	02/03/1998
From:	Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-0044, OMB-3150-44, NUDOCS 9802090129
Download: ML20199L127 (20)

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U. S. NUCLEAR REGULATORY COMMISSION l

Agency Information Collection Activities. Proposed Collection Comment request ]

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I AGENCY: U. S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Information pertaining to the requirement to be submitted:

1. The title of the information collection: 10 CFR Part 19,

• Notices, instructions,

- and Reports to Workers: Inspection and Investigations"

2. Current OMB approval number: 3150-0044

3. How often the collection is required: As necessary in order that adequate and timely reports of radiation exposure be made to individuals involved in ;sRC-licensed activities.

9902090129 990203 PDR ORQ EUSOMB PDR

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4. Who is required or asked to report: Licensees authorized to receive, possess, use, or transfer material licensed by the NRC. i l

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5. The number of arsnual respondents: 280

6. The number of hours needed annually to complete the requirement or I". quest:

39,918 (approximately 34,566 reporting hours an average of 5 minutes per response, and 5,352 recordkeeping hours -an average of 18 hours2.083333e-4 days <br />0.005 hours <br />2.97619e-5 weeks <br />6.849e-6 months <br /> per recordkeeper)

7. Abstract: Title 10 of the Code of Federal Regulations, Part 19, requires licensees to advise workers on an annual basis of any radiation exposure they may have received as a result of NRC-licensed activities or when certain conditions are met. These conditions apply during termination of the worker's employment, at the request of a worker, former worker, or when the worker's employer (the NRC licensee) must report radiation exposure information on the worker to the NRC. Part 19 also establishes requirements for instructions by licensees to individuals participating in licensed activities and options available to these Individuals in connection with Commission inspections of licensees to ascertain complianco with the provisions of the Atomic Energy Act of 1954, as amended, Title ll of the Energy Reorganization Act of 1974, and regulations, orders and licenses thereunder rega ting radiological working conditions.

The worker should be informed of the radiation dose he or she receives because: (a) that information is needed by both a new employer and the

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3 individual when the emr* /ee changas jobs in the nuclear industry; (b) the individual needs to know the radiatioti dose received as a remit of an accident or incident (if this dose is in excess of the 10 CFR Part 20 limits) so that he or she can seek counseling about future work involving radiation, medical attention, or both, as desired; and (c) since long term exposure to radiation l may be an adverse health factor, the individual needs to know whether the j accumulated dose is being controlled within NRC limits. The worker also needs to know about health risks from occupational exposure to radioactive l materials or radiation, precautions or procedures to minimize exposure, worker responsibilities and options to report any licensee conditions which may lead to or cause a violation of Commission regulations, and individual radiation exposure reports which are available to him.

Submit, by (insert date 60 days after publication in the Federalfeoister), comments that address the following questions:

1. Is the proposed collection of informat;on necessary for the NRC to properly perform its functions? . Joes the information have practical utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

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4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? j 3 .

A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance packages are available at the NRC worldwide web site (http://www.nrc. gov) under the FedWorld collection link on the home page tool bsr. The document will be available on the NRC home page site for 1 60 days after the signature date of this notice.

Comments and questions about the information collection requirements may be directed to the -

NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T 6 F33, Washington, DC,20555-0001, or by telephone at 301-415 7233, or by Intemet electronic mall at

. BJS10 NRC. GOV.

Dated at Rockville, Maryland, this t 87A day of /. vu a ,e .1998.

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For the Nuclear Regulatory Commission 6n A rend o. Syelto'rbNBfo' Clearance Officer Office of Chief information Officer

DRAFT SUPPORTING STATEMENT FOR 10 CFR PART 19

" NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS" (OMB Clearance No. 3150 0044)

Extension Request with Revised Burden Estimate DESCRIPTION OF THE INFORMATION COLLECTION 10 CFR 19.12 "Allindividuals who in the course of employment are likely to receive in a ,aar an occupational dcse in excess of 100 mrem (1mSv) shall be kept ir. formed of the storage, transfer, or use of radiation and/or raJoactive material; instruc*ed in the health protection problems associated with exposure to radiation and/or radioactive material,in precautions or procedures to minimize exposure, and in the purposes and functions of protectivo devices employed; instructed in, and required to observe, to the extent within the workers control, the applicable provisions of Commission regulations and licenses for the protection of personnel from exposure to radiation and/or radioactive material; instructed of their responsibility to report -

promptly to the licensee any condition which may lead to or cause o iolation of Conimission k regulations and licenses or unnecessary exposure to radiation and/or radioactive material; instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation and/or radioactive material; and advised as to the radiation exposure reports which workers may request pursuant to 19.13.... The extent of these instructions shall be commensurate with potential radiological health protection problems present in the work place."

10 CFR Section 19.13 " Notifications and Reports to Individuals," requires NRC 'icensees to J give written reports of exposure to radiation as described in the following subsecuons from that regulation. The records of exposure to radiation referenced by 10 CFR Part 19.13 are maintained in accordance with the requirements of 10 CFR Part 20.

10 CFR 19.13(a) " Radiation exposure data for an indivioual, 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... Each notification and report shall: be  ;

in writing; include appropriate identifying data such as the name of the licensee, the name of the individual, the individual's social security number; include the individuars exposure information; and contain the following statement:

This report is fumished to you under the provisions of the Nuclear Regulatory Commission regulation 10 CFR Part 19. You should preserve this report for further reference."

10 CFR 19.13(b) "Each licensee shall advise each worker annually of the workers dose as shown in records maintained by the licensee pursuant to the provisions of @20.2106 of 10 CFR ,

Part 20."

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10 CFR 19.13(c)(1)(i), (ii) and (2) "At the request of a worker formerly engaged in licensed activities controlled by the licensee, each licensee shall furnish to the worker a report of the h' U worker's exposure to radiation and/or to radioactive material: ...for each year the worker was ,

required to be monitored under the provisions of 920.1502; and for each year the worker was i d~I c I required to be monitored under the monitoring requirements in effect prior to January 1,1994. " p1 g g JLU1" l

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This report must be furnished within 30 days from the time the request is made or within 30 days after the exposure of the individual has been determined by the licensee, whichever is later. q This report must cover the period of time that the workers activities involved exposure to q radiation from radioactive materiallicensed by the Commission and must include the dates and j locations of licensed activities in which the worker participated during this period."

10 CFR 19.13(d) "When a licensee is required pursuant to QQ20.2202,20.2203 20.2204, or 20.2206...to report to the Commission any exposure of an individual to radiation or radioactive material, the licensee shall also provide the individual a repM on nis or her exposure data included therein. This report must be transmitted at a time not later thM the transmittal to the Commist ion."

10 CFR 19.13(e) "At the request of a worker who is terminating employment with the licensee that involved exposure to radiation or radioactive materials, during the current calendar quarter or the current year, each licensee shall provide at termination to each worker, or to the workets designee, a written report regarding the radiation dose received by that worker from operations of the licensee 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 must be provided together with a clear indication that this is an estimate."

10 CFR 19.16(a) "Any worker or representative of workers who believes that a violation of the (Atomic Energy) Act, the regulations..., or license conditions exists or has occurred in license activities 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 Administrator of the appropriate Commission Regional Office, or to Commission inspectors. Any such notice shall 4

be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of workers. A copy shall be provided the licensee by the Regional Office Administrator, or the inspector 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 Commission, except for good cause shown."

A. J_USTIFICATION

1. jieed for and Practical Utility of the Collection of information Licensees are required to instruct workers on matters related to radiological working conditions. This instruction ranges frem a tour of the workplace pointing out hazards to a one-week intensive course on radiation protection--Involving the preparation of training material. Workers need to be educated about health risks from occupational exposure to radioactive materials or radiation, precautions or procedures to minimize exposure, worker responsibility to report promptly to the Commission any licensee conditions which may lead to or cause a violation of Commission regulations, and the individual radiation exposure reports which are available to them.

The licensee is required to control radiation doses to Individuals in restricted areas so that, with the exception of planned special exposures under 20.1206, no one receives an annual dose which exceeds the limits established by 10 CFR 20.1201.

The annuallimit shall be the more limiting of the total effective dose equivalent being equal to S rems or the sum of the deep dose equivalent and the committed

3 dose equivalent to any Individual organ or tissue other than the lens of the eye being equal to 50 rems. The annual limit to the lens of the eye is 15 rems, and 50 roms to the skin, or ; any extremity.

The individual should be informed of the radiation dose he or she receives because: (a) that information is needed by both a new employer and the individual when the employee changes jobs in the nuclear industry; (b) the individual needs to know the radiation dose received as a result of an accident or incident (if this dose is in excess of the 10 CFR Part 20 limits) so that he or she can seek counseling about future work involving radiation, medical attention, or both, as desired; and (c) since long term exposure to radiation may be an adverse health factor, the individual needs to know whether the accumulated dose is being controlled within NRC limits.

Pursuant to 10 CFR 19.16, a worker may notify the Commission about radiological working conditions he believes are in violation of the Atomic Energy Act, the regulations, or license, and the worker may request an Inspection. Upon receipt of such notice, the Commission must determine whether the complaint meets certain requirements specified in 10 CFR Part 19, and either request an inspection or determine that an inspection " not warranted and so notify the complainant in writing. 4

2. Aaency Use of the information With the exception of 10 CFR 19.16, Part 19 information collections are not provided to the Commission; notices, instructions, and reports required by Part 19 are provided t y NRC licensees to individuals participating in licensed activities.

As stated above, notices received pursuant to 10 CFR 19.16 must be reviewed by the Commission to determine whether the complaint meets certain requirements specified in 10 CFR Part 19. The Commission will then either request an inspection or determine that an inspection is not warranted and so notify the complainant in writing.

3. Reduction of Burden Throuah Information Technoloav NRC encourages licensees to utilize any technology which would reduce the burdan of recordkeeping and reporting, Notifications and requests made pursuant to 10 CFR Part 19 must be made in writing. Reports sent to NRC pursuant to 10 CFR Part 19 are not sent electronically. On the average, the NRC receives only one report par year pursuant to 10 CFR Part 19, and this is in response to 10 CFR 19.16. Radiation record information is stored pursuant to 10 CFR Part 20; a majority of licensees currently store these records eleckonically.

4. Effort to identify Duplication and Use Similar Information The information Requirements Control Automated System (IRCAS) was searched for duplication, and none was found.

There is no similar information available to the NRC. Licensees are required to maintain this information by the provisions of 10 CFR Part 20 and to report exposure information to workers pursuant to 10 CFR Part 19.

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5. Effort to Reduco Small Business Burden There is no feasible way of reducing the burden on small businesses while still l accomplishing the objective of informing individuals of their exposure to radiation.

However, the burden is small and should have no significant impact on operating i costs, l

6. Conscauences to Federal Proaram or Policy Activities if the Collection is Not <

Conducted or is Conducted Less Freauentiv l l

l Workers would not be aware of their total radiation dose,

7. Circumstances which Justify Variation from OMB Guidelines This action does not vary from OMB guidelines.

8. Consultations Outside the NRC Informal discussions have been held with licensees regarding the burden estimates developed for this Supporting Statement. Opportunity to comment on 4 the collection has been published in the Federal Realster.

9. Payment or Gif: to Respondents Not applicable.

10. Confidentiality of the information Pursuant to 10 CFR 20.2106(d), information on doses to named Individuals is protected under the Privacy Act, 11, Justificatiot, for Sensitive Questions Not applicable.

12. Estimated Industry Burden and Burden Hour Cost Section 19.12 Instruction to Workers There are approximately 6,100 licensees in the U.S. All are required to provide instruction to their workers, ranging from a tour of the workplace pointing out hazards to a one-week intensive course on radiation protection. T reparation of the training materialis considered to be the paperwork burden involved in meeting the requirements of 10 CFR 19.12. Since preparation of training materialis a one-

• time burden incurred when a licensee first obtains its license, most of the burden associated with the current list of 6,100 licensees has already been incurred and therefore is not applicable for this 3 year clearance period. However, approximately 300 per year of the current list of 6,100 licensees are new licensees and therefore will incur a one time burden in preparation of training material during this 3 year clearance period. The maximum burden is considered to be 80 Murs to prepare a one-week course using existing instructional materials such as

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Regulatory Guides 8.13," Instruction Conceming Prunatal Radiation Exposure,"

and 8.29," Instruction Conceming Risks from Occupational Radiation Exposure."  !

- Roughly as many as 7% of the 300 new licensees (21 licensees) will expend this

• maximum effort (for a total of 1,680 hours0.00787 days <br />0.189 hours <br />0.00112 weeks <br />2.5874e-4 months <br />). Poughly 15% of the 300 new

. licensees (45 licensees) will expend 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> to develop two-day courses (for a total of 1,800 hours0.00926 days <br />0.222 hours <br />0.00132 weeks <br />3.044e-4 months <br />). The balance, approximately 234 licensees, will spend 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> to develop basic safety training (for a total of 1,872 hours0.0101 days <br />0.242 hours <br />0.00144 weeks <br />3.31796e-4 months <br />). Thus, the total annual, one time burden to comply with the 10 CFR 19.12 requirement to instruct workers is estimated at 5,352 hours0.00407 days <br />0.0978 hours <br />5.820106e-4 weeks <br />1.33936e-4 months <br />. To the extent that licensees utilize the instructional material provided in Regulatory Guides 8.13 and 8.29, this burden is reduced.

Section 19.13(b) Annual Reports to Current Employees There are approximately 6,100 licensees in the United States. Of this number, approximately 280 licenseee meet the conditions of 10 CFR 20.1502 requiring individual radiation monitoring and are required by section 20.2206 to submit ,

annual reports of the results of this monitoring to the NRC. The total number of people monitored by these 280 licensees is about 138,000 individuals. These data are based on reports which licensees have provided the NRC in compilance with the reporting requirement of 10 CFR 20.2206. Since each licensee shall advise each worker annually of the worker's dose anci each dose report takes approximately 5 minutes of preparation time, the total compliance burden of

'19.13(b) on the population of 280 licensees affected is estimated to be 11,500 staff hours (138,000 reports / year x 5/60 hours / report = 11,500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br /> / year).

Section 19.13(c) Reoorts to Former Emolovees Approximately 280 licensees are affected by the requirement to provide an NRC Form 5 report to former employees of the total dose received while in the employment of the licensee. These licensees submit about 173,000 Form 5 reports to the_ NRC each year for individuals who are required to be monitored at the_ end of the monitoring year or for individuals who have terminated their employment at the facility during the monitoring year. However, the number of individuals represented (as contrasted with the number of reports submitted) is around 138,000. This indicates that there is a fairly large transient group that changes employers more than once a year.

Assuming that 80% of the 173,000 Form 5 reports submitted represent individuals who request a report of the radiation dose they received during their entire period

- of employment at that licensee's facility, the total burden to the licensee in

' supplying these termination reports is 11,533 hours0.00617 days <br />0.148 hours <br />8.812831e-4 weeks <br />2.028065e-4 months <br /> / year (173,000 reports / year x -

0.8 x 5/60 hours / report = 11,533_ hours / year).

Section 19.13(d) Reports to Individuals of Exposure Data Contained in Reports to NRC Section 19.'13(d) requires licensees to provide an individual with the same -

exposure data that licensees are required to send to NRC pursuant to Sections 20.2202,20.2203,20.2204 and 20.2206 of 10 CFR Part 20. Sections 20.2202.

and 20.2203 require licensees to report to the NRC any incident involving a

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radiation dose that exceeds NRC limits. Section 20.2204 requires licensees to submit a written raport to NRC withi,130 days following any planned special exposure, and Section 20.2206 requires that licensees submit an annual report to NRC of the results of individual monitoring. Since these reports are generated under the requirements of 10 CFR Part 20, there is little additional burden necessary to meet the requirements of 10 CFR Part 19. To satisfy the requirements of 10 CFR Part 19, a copy of the Individual's report data from the Part 20 report is prcvided to the affected individual, reoulring less than 5 minutes per report.

Sections 20.2202 and 20.2203 affect approximately 280 licensees, in recent years (since 1991), the number of individuals receiving exposures in excess of regulatory limits has ranged from 2 to 14 persons per year. Assuming that: (1) there are an average of 8 reports per year of personnel receiving exposures in excess of regulatory limits, and (2) that each report takes approximately 5 minutes, the total compliance burden of 19.13(d) (for 20.2202 and 20.2203 reports) is estimated to be less than 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per year (8 reports / year x 5/60 hours / report =

0.67 hours7.75463e-4 days <br />0.0186 hours <br />1.107804e-4 weeks <br />2.54935e-5 months <br />).

The reporting burden of 19.13(d) for 20.2204 reports is approximately .25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> based on an estimated total of 3 reports per year (3 reports / year x 5/60 hours / report = 0.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br />).

The reporting burden of 19.13(d) for 20.2206 reports is covered by 19.13(b),

above.

Since the burden for any additional report required by 19.13(d) is minuscule when compared with the burden for 19.13(b) and (c), as shown above, it is not included on the attached burden table.

Section 19.13(e) Report to Terminatina Employee Section 19.13(e) requires that the licensee, at the request of a worker who is terminating employment with the licensee which involved exposure to radiation or radioactive materials, provide a written report to each such worker, at termination, regarding the radiation dose received by the worker.

As these reports involve the same assumptions used for 19.13(c), the total compliance burden of 19.13(e)in the population of 280 affected licensees is estimated to be 11,533 staff-hours per year (assuming 80% of employees will request report) (173,000 reports / year x 0.8 x 5/60 hours / report = 11,533 hours0.00617 days <br />0.148 hours <br />8.812831e-4 weeks <br />2.028065e-4 months <br />).

Section 19.16(a) Reauests by Workers for Inspections Out of 6,100 licensees in the U.S., it is estimated that the Commission receives only one notification /reciuest each year pursuant to 19.16(a) These written requests are expected to take approximately 30 minutes to prepare. Thus, the total annual burden associated with 19.16(a) is estimated to be 30 minutes.

Since this burden is minuscule, it is not included on the attached burden table.

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Total Estimate of AnnualIndustry Burden The total estimated industry burden is shown on the attached burden tables.

13. Estimate of Other Additional Costs None.

14. Estimated Annualized Cost to the Federal Government l

There is no cost to the Federal government except for that involving requests by workers for inspections. Approximataly one worker requests an inspection each year pursuant to 10 CFR 19.16. Each request takes an average of 3 staff hours to resolve. Thus, the estimated annual cost to the Federal government is $393 (1 report / year x 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> / report x $131/ hour). This cost is fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15. Reasons for Chanaes in Burden or Cost This supporting statement for revision of requirements in 10 CFR 19.13 reflects several changes in the number of individuals / licensees responding to the various sections of 10 CFR Part 19. The number of licensees has decreased from an estimate of 6,800 to a current estimate of 6,100. The estimate of affected Individuals has decreased from 205,000 to a current estimate of about 138,000.

The number of licensees who monitor the radiation exposure to their workers and who are required by section 20 2206 to submit annual reports of the results of this monitoring to the NRC has been changed from an estimate of 440 to a current estimate of 280. Finally, tha num5er of NRC Form S reports sent to the NRC has been increased from 140,000 to the current estimate of 173,000. These revised estimates are based on the most recent data collected by the NRC and are contained in NRC NUREG 0713 Volume 18, " Occupational Radiation Exposure at Commercial Nuclear Power Reactors and Other Facilities 1996." By the rationale and estimates presented previously in this statement, these revised numbers result in an overall increase in the number of reports to individuals from 401,000 to a current estimate of 414,800.

A one-time, annual recordkeeping burden of 5,352 hours0.00407 days <br />0.0978 hours <br />5.820106e-4 weeks <br />1.33936e-4 months <br /> has been added for 300 new licensees per year required to prepare training material pursuant to 10 CFR 19.12.

As a result of the above mentioned changes, the overall burden on licensees has been increased from 33,417 to 39,918 hours0.0106 days <br />0.255 hours <br />0.00152 weeks <br />3.49299e-4 months <br /> per year.

16. Publication for Statistical Use NRC does not publish this !nformation for statistical use.

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17. Reason for Not Displayina the Exoiration Date The requirement is contained in a regulation. Amending the Code of Federal Regulations to display information that,in an annual publication, could become obsolete would be unduly burdensorno and too difficult to keep current.

18. Exceptions to the Certification Statement Not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.

Attachment:

Burden Table t

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TABLE 1 .

. ANNUAL REPORTING BURDEN ANNUAL

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# OF RESPONSES PER TOTAL BURDEN PER . BURDEN ~

SECTION - RESPONDENTS- RESPONDENT RESPONSES RESPONSE 1 HOURS / YEAR) :

Reportin_g -

19.13(b) ' '280- 493 138,000 5.0 min. 11,500

.: 19.13(c) - .280- 494 138,400 5.0 min. -11,533

~ 19.13(e) '280 494 138,400- 5.0 min.' 11,533

'Totel Reporting i280.. 1481 414,800- 5.0 min. 34,56S.'

COST

@ $131/HR

, -e 19.13(b) $1,506,500

19.13(c) $1,510,823 4

19.13(e) $1,510,823 Totals $4,528,146 i.

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TABLE 2 ,

' ANNUAL RECORDKEEPING BURDEN

1. OF - BURDEN PER - BURDEN

" ECTION . ... 'RECORDKEEPERS- RECORDKEEPER (HOURS / YEAR) -

Reportmo "19.12-  ;.300 18 hrs 5,352*

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COST

@ $131/HR 19.12 - $701,112

. TOTAL' REPORTING BURDEN 34,566 TOTAL RECORDKEEPING BURDEN 5.352 TOTAL BURDEN - 39,918

" One-time burden

UNIT ED STATES NUCLEAR REGULATORY COMMISSION se RULES and REGULATIONS TITLE 10, CHAPTER 1, CODE OF FEDERAL REGULATIONS-ENERGY 19A PMT NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:

}g INSPECTION AND INVESTIGATIONS 19.1 Purpose. l 19.2 Scope. "Urwe" men a licwe isswd under the regulations in Parts 30 IM 8c'P' l e li>The teSulations in this Part APP y to g through 36. 39. 40. 60,61. 7a cr 72 of 19.3 Detinittons.

19 4 Interpretattort.. all persons who receive, possess, use, or N this chapter. including licenses to op.

19.6 Cornmunications. transfer materiallicensed by the Nuclear E erste a production or utt11tation facilb 19.8 anformaban sonect un roulevniento Regulatory Commission pursuant to the 3 ty pursuant to Part 50 of this chapter.

" 8'PF'**L regulations in parts 30 through 30,39  ! "ucensee" mes.ns the ho; der of such a fr s*trIc't on toYo*rk1.7 40,60,61,70,or part 72 of this chapter, L.llcense.

19.13 Notthcations and reports to individ. includ'.og persons licensed to operate a ~ Restmad creo means un ured access utta. ' production or utilization facility to which is hmited by the licensee for ees and Eor *k $Ur'r7s tIshe'ttoN"*'

t pursuant to part 50 of this chap'ter, g the purpose of protecung individuals 19.to consultauon w6th worsers durtng in. persons licensed to possess power p against undue risks from exposure to spections, reactor spent fuelin an independent j radiation and radioactive materials.

19.le Requests by workers for inspections spent fuel storage installation (ISFSI)

• Rutncted area does not include areas 19.1 pections not warranted. Informal pursuant to part 72 of this chapter, and $ und a rnidenualquarters n but 19.18 Seq estistion of witnesses and - in accordance with 10 CFR 76.60 to h persons required to obtain a certificate

[be a hjt bs a esclusion of counselin interview conducted under subpoena. cc of compliance or an approved f" "Sequestrat,on" means the separation d 20 Employee proiecnon b compliance plan under part 76 of this  ; orisolation of witnesses and their 100 Wlations.

• hapter, c The regulations regarding g attorneys from other w!tnesses and their 101 Apphcatmn for exemptions' w suorneys during an interview conducted Interviews ofindlViduals under n "1 undgatioa inspection or n$ip$) e subpoena apply to all investigations and * *[E'#' , 1n ry.

inspections within the jurisdiction of the Nuclear Regulatory Commission

"%, rker" means an Indtvidual engaged in activttles licensed by the

- other than those involving NRC C '

Authorityt Secs. 53,63,81,103,104,161, employees or NRC contractors. The -

,e n ne the e' 186,68 Stat. 930,933,935,93a. 937,948, regulctions in this part do not apply to

• 955 as amended, sec. 234,83 Stat. 444, as subpoonas issued pursuant to 10 CFR h ame,ndei sec.170t,106 Stat. 295t,2052, 2.720.

• 2053 (42 U.S.C. 2073,2093,2111,2133,2134.

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E 2201,2238,2282,2297fh sec. 201,88 Stat.

cn 1242, as arrended (42 (J.S.C. 584 th Pub. L 95-601, sec.10,92 Stat. 2951 (42 (J.S.C.

5851). I 19.3 Deflu.;1ons.

- As used in this partr m "Act" means the Atomic Energy

~

l 18.1 Purpose. E. Act of 1950 (68 Stat. 919) including The regulations in this part establish E ""Y "*"d""t* 'D * * '

requirements for notices, instructions p a m nM and reports by licensees to individuals participating in licensed activities and on."

options available to these individuals in connection with Corr.mtssion inspections oflicensees to ascertain -

compliance with the provtsions of the g Atomic Energy Act of1954.as amended.

hclush neans the removal of ce Title 11 of the Energy Reorganization Act counsel r*pmenting multiple interests E of 1974. and regulations, orders, and h from en interview whenever the NRC g 3, , g n , m,,,,,,,, n ,-

$ licenses thereunder regarding e official conduct!ng the interview has o concrete evidence that the presence of ~ Except a.s spectitcally autnerized by radiological working conditions. The regulations in this part also establish the the counsel would obstruct and, impede h [jg,C tmon of t r can ob the regu.

rights and responsibilittes of the the particular investigation or cc lations in this part by any officer or Comrnission and Individuals during inspectic n. ' employee of the Commission other interviews compelled by subpoena as N than a written interpretation by the part of agency inspections or General Counsel will be recognt:ed to investigations pursuant to section 181c be binding upon the Commlssion.

of the Atomic Energy Act of1954. as amended. on any matter within the

{ Commission's juttadiction.

13-1 March 29,1996

- - .- .. . - -. . - . --~-.- -- . . . ..

19,12(b)

B.5 , I* .

PART 19 o NOTICES, INSTRUCTIONS, .AND REPORTS TO WORKERS:~

$ 10.12 instruction to workers.

019.5 - Communkations. (c)(1) Each licensee and each Except where otherwise spec! fled in applicant for a specific license shall (a) Allindividuals whoin the course this part, all communicattor>s and re. prominently post NRC Form 3, ' Notice of employment are like to receive h  !

ports concerning the regulations in to Empityees

• dated August 1997, a year an occupational ose in excess of ,

this part should be addressed to the Later versions of NRC Form 3 that 100 mrom (1 mSv) thall be-- i i

= e Regional Administrator of 'he appro- supersede the August 1997 version shall (1) Kept informed of the storego transfer, or use of radiation and/or mi ton g on !  ! ce IIIt hin Ap5 fCPl ace the previously posted version radioactive material:

6 pendix D of Part 20 of this chapter, g within 30 days of receiving the revised (2)lnstructed in the health protection

. G Communicetions, reports, and applica- - NRC Form 3 from the Commission. probrems associated with exposur(to

^

tions may be delivered in person at the % 2 Additionalcopies of NRC Form 3 radiation and/or radioactive material, in commission's offices at 2120 L Street. E ma(y )be obtained by writing to the NW,. Waahtngion. DC or *.! 11555 U Regional Administravrof the precautions or procedures to min' mire RockVtile Pike, nocuille. Maryland -

exposure, and in the oses and appropriate U.S. Nuclear Regulatory functions of protecti vices

"~

Comrnission Regional Office listed in

~ ' '

g19.s information conection Appendix D to Part 20 of this chapter or ,'(cted in, and required to requir:mema: OMD approval. by callmg ine 11RC Information ar.d h & t&b Records Management Branch at 301- workers control, the applicable

' )> (a) The Nuclear Regulatory 415 7232. provisions of Commission regulations Commission has submitted the information collection requirements - and IIcenses for the protection of contained in this part in 'he Office of

- personnel from exposure t wdiation (d) Documents, notices, or forms ard/or radioactive materiac Management and Dudget (OMD) for 4

approval as required by the Paperwork P sted p rsuant p

t is se shaj f (4) Instructed of thelt responsibility to f h Reduction Act (44 U.S.C. 3501 et seq.). places to permit individuals engaged in 8_ report promppylo the licensee any M The NRC may not conduct or sponsor, licensed activities to observe them on condition which may lead to or c .use a a: and a person is not ioquired to reepond the way to or from any particular 11- vielstion of Commission regulations and ce ed tivity I at o to wt the licenses or unnecessary exposure to h to, a collection ofinformation unions it ,

radiation and/or radioactive material;

, disp ys a currently valid OMB control D ous, and shall be replaced !! def aced or num er.OMD has approved the (5)lnstructed in the ap ropriate

$ altered. respcuse to warnings ma e in the event information collection requirements e contained in the part under control E pu(rs)u. antCommission to paragraphdocuments posted of any unusual occurrence or M1(4) of this

1. E section sh?ll be posted within 2 work

• malfunct. In that may involve exposure number 315th0044.

to radiation and/or radioactive material:

(b) The approved information m%n ro e" nission the 11: and collection requirements contained in censee's response. If any, shall be posted within 2 wotting days after die. (6) Advised as to the radiatjon this part appear in 5519.13 and 19.16.

patch by the licenace. Such documents exposure reports which workers may shall remain posted for a minimum of request pursuant to $ 19.13.

5 or ng s or unt a lon (b)ln determining thosc *ndividuals I 19.11 Posting of notices to workers. g t , mph'e (a) Each licensee shall post current whichever is later, subject to the requirements of p.tragraph copies of the following rtocuments: . (a) of this section, licensees must take (1) The regulations in this part and into consideration assigned activities in Part 20 cf this chapter; during normal and abnormal situations u) The beense, license conditions, or involving exposure to radiation and/or

. documents incorporated into a Wnsa ra osctive material which can by reference, and amendments there-d to; reasonably be expected to occur during b - t3) The operating procedures appil. the life of a licensed facilitv, The extent of these instructions must f)e g cable (4)to licensed Any notice activttles:

of violaticn involvmg commonsurate with potential 6 radiolostcal %orning conditions, pro' radiological health rotection problema

$ posed imposition of ctyll penalty, or present in the work lace, order issued pursuant to Subpart B of "

Part 2 of this chapter, and any re.

sponse from the licensee.

(b) If posting of a document spect.

- fled in paragraph (a) (1). (2) or (3) of this section is not practicable, the h-c:nses may post a notice wntch de-scribes the document and states where -

it may be examined.

i October 31,1997 19-2

. I:  :

PART 19 e NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS: .

s 19.1: Nottne ttons sad reports to indt. .

'idu*lt E wo(b) Each rker annually licensee of the shall worker's dose as advise each (6) Radiation exposure data for an h shown in records maintained by the ,

1 individual, and the resulta of an7 [ licensee pursuant to the provisions of measurementa, analyses, and calcula.

tions of radioactive material deposited E 5 20.2106 of to CFR part 20.

or retained in the body of an individ. L ual, shall be reported to the individual ~

as spect!!ed in this section. The infor-mation reported shallinclude data and (c)(1) At the te uest of a worker forme" oge in licensed activities p sesults obtained ston regulations, pursuant orders or Itc6nseto Commid con- control the licensee, each licensee L tions, as shoaTn in records maln- shall furnish to the worger a te rt o{

tained by the licenses pursuant to 6 Commission reeulations. Each nottit. the worker's exposure to radiat on and/

. g cation and report shall be in writing; or to radioactive material:

include appropriate identifying data (1) As shown In records maintelned by Inme 'of the tytbu$1 tYe tndtvid the licen* Pursuant to G 20.2100 for cars social security number; include each yest the worker was required to be the individual's exposure information; moniinrod unde: the provisions of and contain the followins statement: $ 20,1502; and This report to furnished to you under the (11) For each year the worker was pro-talona of the Nuclear Regulatorr Com. regulred to be monitored under the No"utd pEYrv*e is repo = monitoring requirements in effect prior erence, oNurt er ref. f to January 1,1994.

3 (2)This report must be furnished

~ within 30 days from the time the request is made or within 30 days after the i:xposure of the individual has been determined by the licensee, whichever is later.This report must cover the period of time that the worker's at:tivities involved exposure to radiation from radioactive material licensed by the Commission and must include the dates and locations of licensed activities in which the worker participated during this period.

(d) When a licensee is required pursuar.t to 55 20.2202. 20.2203, 20.2204, or 20.2206 of this chapter to report to the Commission any exposure e of an indivioual to radiation or R radioactive material the licensee shall E also provide the individual a report on g his or her exposure data included therein.This report must be transmitted at a time not later than the transmittal to the Commission.

19 3 September 29,1995

1 s le ,

19.17(b)

L'+ 19.13(e)

! PART 19 e NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:-

(g) Notwithstandtng the other proyl. (b) !! upon receipt of such notice.

! (e) At the request of a worker who is the Regional Office Administrator de-stons of this section. Commission in-terminatinI omE loYment with the spectors are authortred to refuse to terminea that the complatnt meets the licensee that involved exposure to permit accompaniment by any individ- requirements act forth in paragraph radiation or fadioacthe meterials, ual who dettberately interferes with a ta) of this section, and that there are during the current calendar quarter or fair and orderly inspeetton. With reuonable grounds to believe that the

' " s to areas e ntatning information mueged violatton exists or has oc.

the current Iear, each licensee shall claastfled by an agency of the U.8, curred. he shall cause an inspection to s provide at termination to each worker. Oovernment in the interest of nation. be made as soon as practicable, to de.

4 or to the worker's designee. a written al security, an individual who accom' termine !! such alleged violation exists report regarding the radiation dose panies an inspector may have access to or has occurred. Inspections pursuant E received by that worker from operations such information only if authorised to to this section need not be limited to Sof the licensee during the current year do 80 With J'8S'd to **Y "" * '8"'

tatning proprietary information, the matt,ers e i,.3 teferred to g,i,p,,gion, nogin ,arranted:

the complaint.

infor.

or fraction thereof. !!the most recent * 'P ' ' '""**'

Individual monitoring results a*e not ,h an tn[ sl previousIyYuI (a) If the Admtriistrator of the ap-available at that time. a written estimate thortred by the licensee to enter that proprtate Regional office determme .

of the dose must be provided together area * ******M"""'

with a clear indication that this is an a lois consuitation .ith .orliers dates i 19.16. that an inspection is not war.

estimete. Inspections' ranted because there are no reasona.

(a) Commission inspectors may con. ble grounds to telleve that a violation salt privately with workers concerning extsts or has occurred, he shall nottf y matters of occupational radtation pro. the complainant in writing of such de-tection and other matters related to termination. The complainant may at911 cable provtsions of Commission obtain review of such determination regulations and licenses to the extent by submittmg a written atatement of

~ the inspectors deem necessary for the position with the Executive Director l 19.14 l'resence of representathem of Ib for Operation. UA Nuclear Reguta-enme and .orkers during inspee. y" inspection.

conduct of an effective and thorough tory Commission. Washington. D.C.

E (b) During the course of an inspec, 20$55. who will provide the licensee (a) Each lleensee shall afford W the tion anY worker maY brin 8 P'tvately to with a copy of such statement by certt-Commieston at all reasonable times op- o the attention of the inspectors, either fled mall. excIbdins, at the inuest of portunity to inspect materials, activt. crally or in writing, any past or the complainant, the name of the com-ties, f acilities, premises and records plamant. The licensee may submn an pursuant to the regulations in this present condition which he has reason to believe may have contributed to or opposing written sta,tement of post..n chapter with the Executive Director for Oper-to) During an inspection. Commis. caused any violation of the act, the regulations in this chapter, or license ations whc will provide the complatn-ston inspectors rnay consult privately ant with a copy of such statement by with workers as spectfled in $ 19.16. condition, or atty unnecessary expo.

certtfled mall. Upon the request of the The licensee or Itcensee's ,epresenta, sure of an individual to radiation ..om tive may accompany Commission it licensed radioactive matettal under complainant. the Executive Director spectors during other phrases of an in- the 11cenags control. Any such notice , for Operations or tua dunee may ever:tton, in %Titing ahall comply with the re g hold an infor nal conference in which (c) If, at the time of inspection. an quirements of i 19.16(n). E the complamant and the beensee may individual has bun authorised by the (c) The provisions of parastaph (b) E ora 4 present their views. Anatmformal workers to represent them during conference may also be held the re-Commission inspections. the licensee of this section shall not be interpreted g ouest of the licensee, but disclosure of as authorization to disregard instruc. the 6dentity of the complainant will be shall nottfy the inspectors of such au-thortaat.on and shall give the workers' .tlons pursuant to i 19.12. made only following receipt of %Titten

,, representative an opportunity to ac-

-- authortzation from the compialnant.

I 19.16 Requests by workers for inspec.

E company the inspectors during the in- After considering all written and oral tions' H opection of physical working cond!- views presented, the Executive Direc-a tions. (a) Any worker or representative of tor for Operations shall affirm. modt-

• (d) Each workers' representative workers who believes that a violation fying, or reverse the determination of Ishall be routinely engaged ln licensed of the Act, the regulations in this the Admmistrator of the appropriate activities under control of the licensee chapter, or lleense conditions exists or Regional Office and furnish the com-and shall have received instructions as has occurred in license actlVitles with plamant and the llCensee a written no-spectfled in i 19.12. regard to radiological working condl* ttfication of his dectaton and the (e4 Dt!!erent representatives of 11' tions in which the worker is engaged,

• ' may request an inspection by gtymg reasin (bi If therefor the A $ninistrator of the ap-

$ N p,"," tors lu s forent h es notice of the alleged violation to the propriate Restor.al Office determines of an inspection if there is no resulting Administrator n! the appropriate that an inspection is not warranted be-laterference inspection. with the llowevt conduct

r. only of the.

one workers Commission Regional O!!!co or to cause the requirements of ( 19.16(al Cornmission inspectors. Any such have not been met, he shall notify the representative at e time may accompa- notice shall be in writing, shall set ny the inspectors complamant in writing of such deter.

(1) With the approval of the Itcensee l forth the spect!!c grounds for the mmattort Such determination shall be s and the workers' represeniattve an in- l nc4tce, worker orand shall be signed representative by the of workers. A without prejudice to the !!!!ng of a dividual who is not routinely engaged new complamt meeting the require.

In licensed activities under control of g copy shall be provided the licensee by ments of i 10.16(at the license for example, a consultart the Regional Office Administrator, or ~

to the licensee of to the workers' rep, , the inspector no later than at the time resentative, shall be afforded the op. 6 of inspection except that, upon the re-I portunity to accompany Commisalon g quest of the worker giving such nottee, inspectors during the inspection of his name and the name of individuals physteal working conditions, referred to therein shall not appear in such copy or on any record published.

released of made avallable by the Commission, except for g7 'ause shown.

S>ptember 29,1995 19-4

,n -- -

w v w

- . = _ - - . ~ -- -

• q.{$f,a) 19.40(b) ;

PART 19 o NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:-  !

I  !

" " I 19.32 Discriminatio= prohibited. l sciu' on **NiinN ou t $ 10.20 Employee protection.

No person shall on the ground of sex

. p conoucted under subpoena. >> Employment discrimination by a ev a) All witn.rsses comptiled by licensee (or a holder of a certificate of be excluded from participation in, be E su(bpoena to submit to agency compliance issued pursuant to Part 76) denied the benefits of, or be subjected to discrimination under any program

$ mterviews shall be sequestered unless or a contractor or subcontractor of a or activity licensed by the Nuclear the official conducung the interviews k licensee (or a holder of a certificate of n p *a- comp liance issuedP utsuant to part 76) gsion Regulatory will be Commission.

enforced through This agency provi-

. ermits otherwise.

g against an employes for engaging ,a E provisions and rules similar to those o protected activities under this part or % already established, with respect to

- Parts 30, 40, $0,60. 61, 70. 72, 76, or racial and other discrimination, under 150 of this chapter is prohibited. Title VI of the Civil Rights Act of (b) Any witnas compelled by 1964. This remedy is not exclusive, subpoena to appear at an interview -

however, and will not p.ejudice or cut during an agency inquiry may be off any other legal remedies available cccompanied. represented, and advised to a discriminatee.

by counsel of his or her choice. _

~

However. when the agency official g ig.30 violations.

conducting the inquiry determines, after (a)The Commission mey obtain an consultation with the OfBee of J"' injunction or other court order to Ganeral Counsel. shat the agency has prevent a violation of the provisions concrete evidence that the presence of i 19.40 criminal penattles.

of_ (a) Section 223 of the Atomic Energy an at'orney representing multiple (1)The Atomic Enstgy Act of1954. es a hterests would obstruct and Impede the amended: Ac. of1954, as amended provides for investigation or inspection, the agency (2) Title 11 of the Energy criminal sanctions for willful violation

- cfficial may prohibit that counsel from Reorganization Act of1974, as amended: of attempted violation of or corupiracy being nrosent during the interview. or to violate, any regalation issued under (c) The interviewing officialis to (3) A regulation or order issued sections 161b.1611. or 161o of the Act, provide a witness whoes counsel has pursuant to those Acts. For purposes of section 223. all the been excluded under paragraph (b) of (b) The Commission may obtain a e regulations in part 19 are issued under this section and the witness's counsel a court order for the payment of a civil 5 one or more of sections 161b.1611. or +

written statement of the reasons U penalty imposed under section 234 of the g 1610. except for the sections listad in supporting the decision to exclude. This S Atomic Energy Act: paragraph (b) of this section.

statement, which must be provided no (b) The regulations in part 10 that are not issued under sections 161b,1611. or later than five worklog days aAer $ ((1) For vial ( *s of-w j) Sections 64.47,62.63.81.62.101.

exclusion. must explain the basis for the M 103.104.107, of 109 of the Atomic lolo for the purposes of section 223 are counsel's exclusion. 'Ihle statement Energy Act of1954, as amended; as follows: il 19.1.19.2,19.3.19.4.19.5.

g must also advise the witness of the (ii) Section 206 of the Energy 19.8.19.16,19.17.19.18,19.30,19.31. and -

witness' right to appeal the exclusion Reorganization Act; 19.40.

• decision and obtain an automatic stay of (iii) Any rule, regulaLlon, or order -

• the effectiveness of the suopoena by issued pursuant to the sections specified 7 filing a motion to quash the subpoone in paragraph (b)(1)(l) of this section; with the Commission within E e days (iv) Any term condition, or limitation cf receipt of this written stat; . ent. of any license issued under the sections (d) Within five days after receipt of specified in paragraph (b)(1)(i) of this the written notification required ln section, paragraph (c) of this section, a witness (2) For any violation for which a whose counsel has been excluded may license may be revoked under section appeal the exclusion decielon by Sling 186 of the Atomic Energy Act of1954, as a motion to quash the sut.poena with smended.

the Conuntaalon.The !!!!ng of the motion to quash will stay the cffectivenus of the subpoene pending the Comm: salon's decision on the -

motion.

(ellia witness'counsells excluded 3 19.31 Appliceuon for exemptions.

under paragraph (bl of this section.the The commission may upon appitca.

Interview may, at the witness' request. ~ tion by any licensee or upon tus own either proceed without counsel or be E :ntstattve grant such exempttons from delayed for a reasonable period of thne N the requirements of the regulations in to permit the retention of new counsel. E this part as it determines are author.

- The interview may also be reacheduled g ized by inw nnd will not result in to a subsequent date established by the undue hazard to !!fe or property.

NRC, although the interview shall not be rescheduled by the NitC to a dote that trecedes the expirstlos of the time provided undst $ 19.18(d) for appeal of the exclusion of couneel, unless the witness consents to an earlier date.

19 5 February 29,1996

.