[ RadSafe ] RSO responsibility

[edmond0033 at comcast.net]

I believe the RSO is not responsible as the person did it without his/her 
knowledge. How is the RSO able if people follow their own rules.  Also the 
person did it in violation of the USFDA, as I assume the nuclear material 
may have been in addition, under their jurisdiction.  One does not transfer 
nuclear material as they wish.  This person needs training.  Maybe the RSO 
can be blamed for that.
If that is plain enough, please let me know.

Ed Baratta

edmond0033 at comcast.net



-----Original Message----- 
From: Jeff Terry
Sent: Saturday, October 15, 2011 11:01 AM
To: radsafe at health.phys.iit.edu
Subject: [ RadSafe ] RSO responsibility

Forwarded to the list. Please remember to send plain text messages.

Thanks,

Jeff


Begin forwarded message:
>
>
> From: Laurence F Friedman <friedmanla at iit.edu>
> Subject: RSO responsibility for unauthorized transfer of licensed material
> Date: October 14, 2011 5:06:23 PM CDT
> To: radsafe at health.phys.iit.edu
>
>
> D. Felipe Gaitan, Ph.D. posted the following question:
>
> "Does anybody have any experience with the situation where a manager in a
> company ships (in the US) restricted radiation material without consulting
> with the RSO? Is the RSO still responsible and/or liable?"
>
> I ran into exactly this situation when I was an inspector for the USNRC. A
> physician at a hospital transferred licensed material to an entity not
> licensed to receive it without consulting the RSO or anyone else. If 
> anyone
> was cited it would have been the hospital. My recollection is that the
> hospital was not cited because they detected the violation and reported it
> promptly to the NRC. There was never any question of the RSO being cited 
> or
> sanctioned. I don't know what action the hospital took against the 
> offending
> physician. During the closing interview I suggested that the hospital send
> his head to the NRC.
>
> I left the NRC in 1989 and since that time the NRC has promulgated
> regulations that allow it to proceed against individuals who intentionally
> place their employers in violation of regulations. Thus the individual who
> made the transfer might be subject to sanctions.
>
> If this event took place in an Agreement State the liability of the 
> licensee
> and individuals involved would depend on the regulations of the particular
> Agreement State.
>
> Aside from legal liability, questions might be asked about the quality of
> the licensee's radiation control program, including the training of
> employees. If the incident was caused or facilitated by deficiencies in 
> the
> program this might come back to the RSO.
>
> Laurence F. Friedman, Ph.D., CHP
> Senior Lecturer, Physics Department
> Illinois Institute of Technology
> Room 182, Life Science
> 3101 South Dearborn
> Chicago, IL 60616-3793
> (312) 842-1789
> friedmanla at iit.edu
> http://www.iit.edu/~bcps/database/search.cgi/:/frontend/prof/mhp_desc
>
>
>
>

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