ML20247H623

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Submits Insp Findings from 890414 Insp of Mallickrodt,Inc. Understands That NRC Cannot Cite Mallinckrodt for Failure of Driver to Have Emergency Instructions in Automobile & Failure to Properly Brace Shipment.Cause Referred to NMSS
ML20247H623
Person / Time
Issue date: 05/25/1989
From: Shanbaky M
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Grella A
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
NUDOCS 8905310278
Download: ML20247H623 (2)


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-MAY 251989 d

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MEMORANDUM FOR:-- A W. Grella Senior Transportation Specialist Division of-Safeguards and Transportation,-NMSS

'j FROM:

Mohamed M. Shanbaky, Chief Nuclear Materials Safety Section A E

Division of Radiation Safety and Safeguards, Region I

SUBJECT:

Inspection Findings at Mallinkrodt, Inc.,

Folcroft, Pennsylvania with a Del-Med Carrier

' % April 14,1989, during.a routine. inspection of licensed' activities of the

. above nuclear pharmacy, Jean Gresick of my staff identified the following:

1.

One driver did not brace the radiopharmaceutical shipments in.accordance with 49 CFR 173.448(a).

2.

The same driver did not have a copy of Mallinkrodt's emergency instructions.

in the automobile in accordance with the requirements of Mallinkrodt's license.

3.

The' same driver was not aware of the regulatory requirements regarding I

package bracing during shipment, nor was he concerned about emergency instructions in the event of an accident.

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At the exit interview, the inspector was. told that the driver worked for Del Med, a contract carrier.

It is our understanding, based upon a telephone conversation between you,

' Dr. Piccone, and Ms. Gresick on April 24, 1987, that we cannot cite Mallinkrodt for failure of the driver to have emergency instructions in the automobile, in accordance with the exemption granted in 10 CFR 30.13 for common and contract carriers. We also understand, based on the above referenced telephone call, l

that' Mallinkrodt cannot be cited for failure to properly brace the shipment, in accordance with the requirements of 49 CFR 173.448(a), because Del Med does not fit the definition of an agent of the licensee, as specified in 49 CFR 173.1(b).

We are therefore referring this case regarding the conduct and training

. of the Del Med driver to your office for appropriate action.

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A W. Grolla 2

If we can be of any further assistance, please call.

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Original Signed By:

Mohamed M. Shanbaky Mohamed M. Shanbaky, Chief Nuclear Materials Safety Section A Division of Ra'diation Safety and Safeguards-I l

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0FFICIAL RECORD COPY MEMO GRELLA/2 - 0002.0.0 l

05/22/89

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