[ RadSafe ] FYI

LNMolino at aol.com LNMolino at aol.com
Mon Mar 12 14:16:42 CDT 2007

Source: (USA) Federal Register: March 5, 2007 (Volume 72, Number  42)]

29 CFR Part 1910
Announcement of Stakeholder Meetings on  Occupational Exposure to 
Ionizing Radiation

AGENCY: Occupational  Safety and Health Administration,  Labor.

SUMMARY:  The Occupational Safety and Health Administration (OSHA) 
invites interested  parties to participate in informal stakeholder 
meetings on Occupational  Exposure to Ionizing Radiation. These
meetings are a continuation of OSHA's  information collection efforts
on ionizing radiation.

DATES:  Stakeholder meetings: The stakeholder meeting dates are:

1.  8:30 a.m.-4:30 p.m., March 16, 2007, Washington, DC.

2.  8:30 a.m.-4:30 p.m., March 26, 2007, Orlando, FL.

Notice of  intention to attend a stakeholder meeting: You must 
submit a notice of  intention to attend the Washington, DC, or Orlando, 
FL, stakeholder meeting  by March 9, 2007.

ADDRESSES: Stakeholder meetings: The stakeholder  meeting locations are:

1. Frances Perkins Building, U.S.  Department of Labor, 200 
Constitution Avenue, NW., Washington, DC  20210.

2. For the location of the Orlando, FL, stakeholder  meeting, 
contact Liset Navas at (202) 693-1950.

Notices  of intention to attend a stakeholder meeting: You may 
submit your notice of  intention to attend a stakeholder meeting by any 
of the following  methods:

Electronic: OSHA encourages you to submit your  notice of intention 
to attend to navas.liset at dol.gov.

Facsimile: You may fax your notice of intention to attend to (202)  

Regular mail.



The use of ionizing  radiation has increased significantly in
recent years. Today, ionizing  radiation is used in a
wide variety of workplaces and operations, including  security 
operations, hospitals and medical offices, dental offices,  
manufacturing worksites, research facilities, forestry and other  
agricultural worksites, and wastewater treatment plants.

In 2005, OSHA initiated information collection efforts to obtain  
data, information, and comment on the increased workplace use of  
ionizing radiation and other related issues. These efforts started
with  the publication of a Request for Information (RFI) on May 3, 2005
(70 FR  22828). OSHA received 51 comments in response to the RFI. To 
supplement this  information, OSHA is inviting interested parties to 
attend informal  stakeholder meetings on the Occupational Exposure to 
Ionizing Radiation.  OSHA will use the data and materials obtained 
through these information  collections efforts to determine, in 
conjunction with other Federal  agencies, whether regulatory action is 
necessary to protect employees from  ionizing radiation exposure.

OSHA's existing standard on  Ionizing Radiation (29 CFR 1910.1096) 
was adopted in 1971 pursuant to  section 6(a) of the Act (29 U.S.C. 
655). The standard has remained largely  unchanged since that time.
OSHA's Ionizing Radiation standard  applies to all workplaces
except agricultural operations and those workplaces  exempted from OSHA 
jurisdiction under section 4(b)(1) of the Occupational  Safety and 
Health Act of 1970 (the Act) (29 U.S.C. 653). Section 4(b)(1)  states:

Nothing in this Act shall apply to working  conditions of 
employees with respect to which other Federal agencies, and  State 
agencies acting under section 274 of the Atomic Energy Act of 1954,  
as amended (42 U.S.C. 2021), exercise statutory authority to 
prescribe  or enforce standards or regulations affecting occupational 
safety and  health.

The Nuclear Regulatory Commission (NRC) has  statutory authority
for licensing and regulating nuclear facilities and  materials as
mandated by the Atomic Energy Act of 1954 (as amended)(42 U.S.C.  2011
et seq.), the Energy Reorganization Act of 1974 (as amended),  the
Nuclear Nonproliferation Act of 1978, and other applicable statutes.  
Specifically, the NRC has the authority to regulate source, byproduct  
and certain special nuclear materials (e.g., nuclear reactor fuel). 
This  authority covers radiation hazards in NRC-licensed nuclear 
facilities  produced by radioactive materials and plant conditions that 
affect the  safety of radioactive materials and thus present an 
increased radiation  hazard to workers.

In 1988, OSHA and NRC signed a  memorandum of understanding (MOU) 
delineating the general areas of  responsibility of each agency (CPL 
2.86, December 22, 1989). The MOU  specifies that at NRC-licensed 
facilities OSHA has authority to regulate  occupational ionizing 
radiation sources not regulated by NRC (CPL 2.86).  Examples of non-NRC 
regulated radiation sources include X-ray equipment,  accelerators, 
electron microscopes, betatrons, and some naturally  occurring
radiation sources (CPL 2.86). (See the Ionizing Radiation RFI (70  FR
22828) for additional information on sources of ionizing  radiation
exposure, workplace uses of ionizing radiation, and health effects  of
ionizing radiation exposure.)

Most recently, the  Energy Policy Act of 2005 authorized NRC to 
regulate material made  radioactive by accelerators by adding 
``accelerator-produced material'' to  the definition of ``byproduct 
material'' that NRC is authorized to license  and regulate. The Energy 
Policy Act directed NRC to issue licensing and  compliance oversight 
regulations to carry out the legislation. Until NRC  issues and begins 
enforcing those regulations, OSHA retains authority over  both 
accelerators and the materials they produce.

See FR for complete  notice.
Louis N.  Molino, Sr., CET
Freelance  Consultant/Trainer/Author/Journalist/Fire Protection  Consultant
LNMolino at aol.com

979-412-0890 (Cell Phone)
979-690-7559  (IFW/TFW/FSS Office)
979-690-7562 (IFW/TFW/FSS Fax)

"A Texan with a  Jersey Attitude"

"Great minds discuss ideas; Average minds discuss  events; Small minds 
discuss people" Eleanor Roosevelt - US diplomat &  reformer (1884 - 1962)

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