ML20247N047
| ML20247N047 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1998 |
| From: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Hassell D NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| NUDOCS 9805270034 | |
| Download: ML20247N047 (8) | |
Text
_
MEMORANDUM TO:
Donald F. Hassell Assistant G neral Counsel for Administration Office of the General Counsel FROM:
DonaM A. Cool, Director Orig 8istedby Division of Industrial and Medical Nuclear Safety, NMSS l
SUBJECT:
LEGALITY OF REQUIRING DECLARED PREGNANT EMPLOYEES TO INFORM LICENSEE MANAGEMENT OF THEIR DECLARATIONS During a peer review of the Nuclear Material Safety and Safeguards radiation safety program at the annual NRC Radiation Safety Officer Counterpart Meeting, a question was raised about whether a procedural requirement violates provisions of the Privacy Act. NMSS Policy and Procedures Letter 1-42, Radiation Protection Procedures for NMSS Employees, states that declared pregnant employees shall provide a copy of their written declaration to appropriate licensee management, before site visits that may involve exposure to radiation or radioactive materials.
The purpose of this requirement is to inform licensee management that an NRC employee visiting tneir site is subject to the special occupational exposure limits for declared pregnant workers. In general, NMSS relies on licensee safety programs to assure compliance with Management Directive 10.131, Protection of NRC Employees Against lonizing Radiation.
Part Ill.B(5) of the handbook states that employees who visit facilities at which they may be exposed to radioactive materials may rely on the radiation safety programs established at the facility.
By submitting a written declaration of their pregnancy, a female employee obligates NRC to assure that the dose to the embryo or fetus does not exceed the limits established in Part ll G of MD 10.131. These limits are identical to the limits in 10 CFR 20.1208. To assure compliance with these limits, we believe that appropriate licensee managers should be informed that the employee has voluntarily declared herself pregnant.
We request that you review this matter and advise us by May 30,1998, on whether this aspect of our office procedure violates provisions of the Privacy Act. A copy of NMSS Policy and Procedures Letter 1-42 is attached for your use.
Attachment:
As stated CONTACT:
Kevin M. Ramsey, NMSS/IMNS
]-g ]'-
(301) 415-7887
'I g~. w(
I & lJ D QlSTRIBUTION: IMNS-7005 s
NMSS r/f NRC File Center IMNS r/f Y
Mi Y N'
PDR - X Yes No SMoore GPurdy 5 I' W I I
MLThomas RPedersen SPettijohn fu C"M A JRicci
[;)
ADimitriadis WLoo JHouse MVasquez DOCUMENT NAME: 1:\\lMNS7005.KMR *See Previous Concurrence 5/(,/7706 To receive e copy of this document. Indicate in the bos: X ' = M without attachment / enclosure
- E<*e Copy with attachment / enclosure "N" = No copy OFFICE IMOB*
If/Oh/ /j /l D:IMNF,//
l NAME KRamsey:tk ce
$ ghil W /
DCp6V/
DATE 4/23/98 b ?W 8/ b/98 9805270034-980507 3FFICIAL RECORD COPY 9s Q kN h h f@[dMQ 6M7ML PDR
I MEMORANDUM TO:
Donald F. H:ssell-AssistInt Genertl Counsel f:r Administration Office of the General Counsel l
FROM:
Donald A. Cool, Director Division of Industrial and l.
Medical Nuclear Safety, NMSS l-
SUBJECT:
LEGALITY OF REQUIRING CECLARED PREGNANT EMPLOYEES TO INFORM LICENSEE MANAGEMENT OF THEIR DECLARATIONS During a peer review of the NMSS radiation safety program at the annual NRC Radiation Safety Officer Counterpart Meeting, a question was raised about whether a procedural requirement violates provisions of the Privacy Act. NMSS Policy and Procedures Letter 1-42, Radiation Protection Procedures for NMSS Employees, states that declared pregnant employees shall provide a copy of their written declaration to appropriate licensee management, before site visits that may involve exposure to radiation or radioactive materials.
The purpose of this requirement is to inform licensee management that an NRC employee visiting their site is subject to the special occupational exposure limits for declared pregnant workers. In general, NMSS relies on licensee safety programs to assure compliance with 1
Management Directive 10.131, Protection of NRC Employees Against lonizing Radiation.
Ptsrt lli.B(5) of the handbook states that employees who visit facilities at which they may be exposed to radioactive materials may rely on the radiation safety programs established at the facility.
By submitting a written declaration of their pregnancy, a female employee obligates NRC to assure that the dose to the embryo or fetus does not exceed the limits established in Part II.G of MD 10.131. These limits are identical to the limits in 10 CFR 20.1208. To assure compliance with these limits, we believe that appropriate licensee managers should be informed that the employee has voluntarily declared herself pregnant.
We request that you review this matter and advise us by May 30,1998, on whether this aspect N
of our office procedure violates provisions of the Privacy Act. A copy of NMSS Policy and Procedures Letter 1-42 is attached for your use.
Attachment:
As stated -
Cots 'ACT:
Kevin M. Ramsey, NMSS/IMNS (301)415-7887 DISTRIBUTION IMNS-7005 NMSS r/f NRC File Center-IMNS r/f PDR - X Yes No SMoore GPurdy MLThomas
. RPedersen SPettijohn JRicci ADimitriadis WLoo l
JHouse MVasquez I
l DOCUMENT NAME: G:\\lMNS7005.KMR h gg
)
73 somehse a espp of shie document. Indicate in the bos: "C" = Cop attachment / enclosure
- E' = Copo with attachment / enclosure
- N" No copy j
OFFICE IMOB lE IMOB l-D:IMNS E
l l
NAME-KRamsey:tk gm/d FCombs DCool DATE
//. LT/98
/- /98
/
/98 OFFICIAL RECORD COPY
s are
\\
UNITED STATES p
l j
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20065-e001 May 7, 1998 l
MEMORANDUM TO:
Donald F. Hassell Assistant General Counsel for Administration Office of the General Counsel FROM:
Donald A. Cool, Director 9
g / h L.__-
Division of Industrial and Medica Nuclear Safety, NMSS[ l O
SUBJECT:
LEGALITY OF REQUIRING DECLARED PREGNANT EMPLOYEES TO INFORM LICENSEE MANAGEMENT OF THEIR DECLARATIONS During a peer review of the Nuclear Material Safety and Safeguards radiation safety program at the annual NRC Radiation Safety Officer Counterpart Meeting, a question was raised about whether a procedural requirement violates provisions of the Privacy Act. NMSS Policy and Procedures Letter 1-42, Radiation Protection Procedures for NMSS Employees, states that declared pregnant employees shall provide a copy of their written declaration to appropriate licensee management, before site visits that may involve exposure to radiation or radioactive materials.
The purpose of this requirement is to inform licensee management that an NRC employee visiting their site is subject to the special occupational exposure limits for declared pregnant l
workers. In general, NMSS relies on licensee safety programs to assure compliance with l
Management Directive 10.131, Protection of NRC Employees Against lonizing Radiation.
Part lli.B(5) of the handbook states that employees who visit facilities at which they may be exposed to radioactive materials may rely on the radiation safety programs established at the facility.
By submitting a written declaration of their pregnancy, a female employee obligates NRC to assure that the dose to thu embryo or fetus does not exceed the limits established in Part ll.G of MD 10.131. These limits are identical to the limits in 10 CFR 20.1208. To assure compliance with these limits, we believe that appropriate licensee managers should be informed that the employee has voluntarily declared herself pregnant.
l We request that you review this matter and advise us by May 30,1998, on whether this aspect of our office procedure violates provisions of the Privacy Act. A copy of NMSS Policy and Procedures Letter 1-42 is attached for your use.
Attachment:
As stated CONTACT:
Kevin M. Ramsey, NMSS/IMNS (301)415-7887 i
-_-_____ _ ___________ a
NMSS Policy and Procedures Letter 1-42 l
December 1996 RADIATION PROTECTION PROCEDURES FOR NMSS EMPLOYEES.
' PURPOSE: To establish procedures and guidance for --
1.
providing radiation safety training to the Office of Nuclear Material Safety and Safeguards (NMSS) employees who may be ex)osed to radiation or radioactive materials while conducting 4RC business, and 2.
monitoring the exposure of NMSS employees to radiation and radioactive materials while conducting NRC business and maintaining
'this exposure as low as reasonably achievable (ALARA).
COVERAGE:
This procedure supplements NRC Management Directive 10.131. " Protection of NRC Employees Against Ionizing Radiation." and implements the requirements set forth in the directive.
BACKGROUND:
On February 16. 1990. NRC Manual Chapter 0524 (Standards for Protection Against Ionizing Radiation) was revised to establish requirements. for an Agency-wide employee radiation exposure database and enhanced dose tracking system, require the designation of radiation safety officers at headquarters, require the issuance of radiation monitoring equipment at headquarters. clarify the reporting requirements for radiation exposures received by NRC employees, and establish employee radiation protection training requirements.
On July 23. 1996. Management Directive (MD) 10.131 replaced Manual Chapter 0524. The revision updated the requirements for NRC employees to be consistent with the requirements for licensees in 10 CFR Part 20.
Responsibility for technical oversight of the entire program was transferred from the Office of Personnel (0P) to NMSS.
Responsibility for the employee exposure database was transferred from OP to the Office of Nuclear Regulatory Research (RES).
POLICY:
j NMSS employees shall use an NRC ' dosimeter anytime they visit a licensee-site or other site where possession of radioactive materials is
[
authorized and exposure to radioactive materials is expected.
Licensee dosimeters should not be used instead of an NRC dosimeter utiless authorized. but may be used in addition to NRC dosimetry. Although NMSS l
employees are not required by MD 10.131 to be monitored (because i
exposures are not likely to exceed 10 percent of the limits). NMSS has adopted this conservative policy. because we believe it is a good
)
i PPL 1-42. Rev.1 1
Attachment
)
I practice to monitor and record the occu]ational doses of our employees.
and it provides a mechanism to ensure tlat employee doses are being maintained ALARA.
Further. the lad of dosimeters for NRC employees could foster the perception by employees and licensees that employee protection is not an NRC priority.
PROCEDURES:
Responsibilities and Authorities:
1.
All NMSS Staff:
a.
Shall wear a dosimeter at all times in restricted areas (as defined by 10 CFR Part 20 and as designated by the licensee).
b.
Shall conduct themselves in a manner consistent with the radiation j
safety requirements of this letter and MD 10.131. and ensure that any radiation exposure received while conducting NRC business is maintained ALARA.
c.
Shall not exceed administrative dose limits without authorization.
In the event of activities that may exceed administrative dose limits, employees should try to obtain authorization before starting the activity.
d.
Shall pick up and return dosimeters at the Administrative Services Center, or other issue station in accordance with the established administrative procedures.
l e.
Shall obtain the approval of their immediate supervisor before using a licensee dosimeter instead of an NRC dosimeter.
If use of a licensee dosimeter is approved, the staff member shall complete NRC form E25. " Request for and Authorization of Release of Dosimetry Records." and provide it to the licensee issuing the dosimeter.
l l
(This may be done after the employee returns to their office.)
f.
Shall notify the NMSS Radiation Safety Officer (RS0) of any exposure to radiation or radioactive materials that may exceed applicable l
limits in this letter or MD 10.131.
l 2.
Female NMSS Staff:
a.
Shall inform their immediate supervisor and the NMSS RSO in writing, if they choose to declare themselves pregnant before accepting an assignment that could involve exposure to ionizing radiation.
Pregnant employees who do not declare themselves pregnant, shall be treated as non-pregnant employees.
b.
Declared pregnant employees shall provide a copy of their written declaration to appropriate licensee management, before site visits that may involve exposure to radiation or radioactive materials.
PPL 1-42. Rev.1 2
l
o I. 3.
Immediate Supervisors:
a.
Shall ensure that each employee under their supervision is informed l
of the requirements of this letter and MD 10.131. before assigning them tasks that could expose them to ionizing radiation.
b.
Shall direct each euployee under their supervision to use an NRC dosimeter (unless a licensee dosimeter is authorized) during site visits or other activities that could expose them to ionizing radiation.
c.
Shall notify the NMSS RSO when any emaloyee under 18 years old or l
declared pregnant is assigned tasks t1at could expose the employee to ionizing radiation while conducting NRC business.
l d.
Shall direct each declared pregnant employee to inform the appropriate licensee management of the employee's condition when assigning tasks that may involve exposure to radiation or radioactive materials at the licensee's site.
e.
Shall obtain the concurrence of the NMSS RSO before authorizing employees under their supervision to exceed administrative dose
- limits, f.
Shall obtain the concurrence of the NMSS RSO when authorizing employees under their supervision to use a licensee dosimeter instead of an NRC dosimeter, g.
Shall ensure that each female employee under their supervision is informed about the risk from 3renatal radiation exposure (consistent with Regulatory Guide 8.13) w1en assigning them tasks that could expose them to ionizing radiation.
4.
NM$5 Radiation Safety Officer (RS0)2-a.
Shall review dosimetry reports and resolve abnormalities, and notify the employees and their immediate supervisor if their reported exposure exceeds an administrative limit.
The immediate supervisor will identify any problems or issues to the branch chief.
b.
Shall evaluate and process requests to exceed dose limits and coordinate approvals and denials with upper management.
l c.
Shall report any overexposure in accordance with MD 10.131.
d.
Shall provide technical assistance to NMSS employees.
1 The current NMSS Radiation Safety Officer is Kevin Ramsey. IMDB. phone no. 415-7887. e-mail. KMR.
PPL 1-42. Rev.1 3
e.
Shall respond to requests for.ex)osure history, and; provide reports to employees and third parties tlat provide a release signed by the employee.
f.
Shall maintain a hard copy file of dosimetry reports for NMSS employees in accordance with the record retention requirements in MD 10.131.
BASIC REQUIREMENTS:
l l
General:
Although NMSS does not possess radioactive sources, NMSS employees may be occupationally exposed to radiation while conducting NRC business.
NRC licensees are responsible for limiting the exposure of workers (including NRC employees visiting the site) to radioactive material in their possession in accordance with 10 CFR Part 20.
NMSS will generally rely l
on licensee safety programs to assure compliance with MD 10.131.
NMSS l
personnel shall comply with all facility radiation protection procedures and instructions during site visits.
Administrative Limits:
l l
a.
annual limit for NMSS employees shall be 100 mrem total effective dose equivalent (TEDE).
b.
special annual limit for employees under age 18 shall be 50 mrem TEDE.
c.
special limit for declared pregnant employees shall be 50 mrem TEDE for the duration of the pregnancy.
l Note:
The administrative dose limits are stopping points at which the NMSS RSO and the appropriate branch chief will review the employee's activities to verify tlat the employee's dose is being maintained ALARA.
i The limits represent doses that would be unusually high for a headquarters employee and are not intended to be a specific percentage of the limits in 10 CFR Part 20.
Training:
Training which meets the intent of 10 CFR Part 19 is required, before i
l NMSS employees are issued an NRC dosimeter, unless the employee will be escorted by someone with equivalent training.
NMSS employees visiting i
fuel cycle facilities or other facilities where formal site access training is required, must complete training course H100 (Site Access l
Training) or H101 (Site Access Refresher Training), no more than 12-months before the visit to satisfy the training requirement for a
" good guy" letter.
Successfully completing a licensee's site access PPL 1-42. Rev.1 4
t
-_____ ____-_________________-__ A
s training course may satisfy the training requirement for a " good guy" letter also.
NMS$ employees visiting facilities where site access training is not required may take training course H102 (NMSS Radiation Worker Training).
Successfully completing one of these courses will satisfy the training requirement for 1 year.
NRC Dosimeters:
NRC dosimeters may be obtained at the Administrative Services Center I
(02-87).
NMSS employees shall obtain written authorization from the NMSS I
RSO to receive an NRC dosimeter, if they have not successfully completed
)
one of the required training courses within the last 12-months.
Typically only whole body, beta-gamma dosimeters are available.
Staff members should notify the NMSS RSO as soon as possible if neutron dosimeters or extremity dosimeters are required.
j Respiratory Protection and Bioassay:
Under normal circumstances. NMSS personnel do not enter areas where they may be exposed to airborne radioactivity.
If 611 of the requirements of the licensee's respiratory protection program are met (i.e.. medical exam. special training. and proper fit test). NMSS personnel may use licensee-supplied respiratory protection equipment to limit the intake of airborne radioactivity.
Staff should consider obtaining the medical exam and certification letter before visiting a site if the need for respiratory protection is anticipated.
When necessary or desirable. to aid in determining an employee's intake of radioactive materials. NMSS shall arrange for bioassay services at a qualified facility.
PPL 1-42. Rev.1 5
h._.___
--___.___m___._______m_
_ _. _ _ _ _ - _ _. _ _ _ _.. _ _ _ _ _ _ _ _ _. _ _ _ _ _