[ RadSafe ] Gral question on RSO liabilities

Mon Oct 17 12:09:15 CDT 2011

Roy would be correct.  The best policy is always honest disclosure with
a prevention plan to keep it from happening again.  If the RSO made the
mistake let it be known.  If it was the Sr Managers mistake, let the
same be said.  Probably the worst thing that can happen to a radiation
safety program is for it to lose the trust of its regulators.

Jeff Johanning
Health Physicist V/RSO
SAIC
858-826-9725

-----Original Message-----
From: radsafe-bounces at health.phys.iit.edu
[mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of Lemieux, Bryan
P
Sent: Monday, October 17, 2011 8:15 AM
To: The International Radiation Protection (Health Physics) Mailing List
Subject: Re: [ RadSafe ] Gral question on RSO liabilities

I believe you may have a duty to.report this under dot regs.......pretty
sure that you do.

T-Mobile. America's First Nationwide 4G Network

----- Reply message -----
From: "ROY HERREN" <royherren2005 at yahoo.com>
To: "The International Radiation Protection (Health Physics) Mailing
List" <radsafe at health.phys.iit.edu>
Subject: [ RadSafe ] Gral question on RSO liabilities
Date: Sun, Oct 16, 2011 10:40 pm

Depending on whether or not your friend's license requires a Radiation
Safety
Committee (RSC), this issue needs to be fully addressed to, with and by
the
RSC.  The NRC will read about this self identified issue when it reads
the RSC
minutes during the next audit.  The best policy, whether or not there is
an RSC
is absolute and full disclosure and honesty.  If one wants a long career
in the
US nuclear field then one does not want to be accused of and found
guilty of
dishonest by the NRC.
 Roy Herren

________________________________
From: Felipe Gaitan <gaitan at impulsedevices.com>
To: The International Radiation Protection (Health Physics) Mailing List
<radsafe at health.phys.iit.edu>
Sent: Sun, October 16, 2011 8:37:55 AM
Subject: Re: [ RadSafe ] Gral question on RSO liabilities

Dear Radsafers - On behalf of my colleague, thanks a lot of the input
and
advice.

He has a follow up question:  from the point of view of the NRC (or the
state
regulatory agency), is it better for the company to say that it was the
RSO's
oversight or that a senior manager acted without the RSO's consent?

There hasn't been any serious consequences, other than the rules being
violated,
so this is not a big case.  But he suspects the company want to just say
"We
messed up. It won't happen again. Here are the steps we're taking to
make sure
of that".  Which is fine with my colleague except that that response, in
a way,
implies that it was the RSO's oversight.

Any advice would be appreciated.  Felipe Gaitan

On Oct 14, 2011, at 1:27 PM, Johanning, Jeffrey R. wrote:

> On behalf of a colleague of mine, we have had similar cases where it
was
> unknown that there was radioactive material in the shipment.  So... as
> in most cases with a question like this, the answer is: It depends.
>
> By restricted you probably mean it requires a specific license to
> possess it.  In which case there is a requirement for the shipper to
> verify that the recipient is licensed to possess the source before
they
> ship it.  There is also the DOT requirements for dangerous goods
> (packaging, contamination tests, etc.) and training of those filling
out
> the required DOT documents.  For most licensees, the RSO or the RSO
> staff are really the only ones that are up on these requirements so to
> not include them is at the least, very poor judgment and at the most a
> violation of DOT regulations and/or the radiation safety program which
> is licensed.
>
> As for RSO responsibility/liability, there certainly is some, but
again
> - it depends.  For a broad scope license, the RSO is
responsible/liable
> for running the program but ultimately, there is a Radiation Safety
> Committee (typically made up of Sr. Managers or others with manager
> authority) that will be held accountable by regulatory authorities,
> particularly if they acted without the RSO's knowledge or
authorization.
> All that being said, it would also depend on the RSO's response to the
> situation, did he/she investigate the incident and report it (if
> required) in a timely manner?  Did he/she determine specifically what
> regulations (including company internal procedures) were violated in a
> timely manner and report it management?  What impact to the public
> safety and public exposure did the incident have? Etc.. Bottom line is
> if the RSO's initial response was correct, decisive, and followed
> responsible HP practices, his/her overall personal liability, if any,
is
> greatly reduced.
>
> Any further insight from RADSAFERs?
>
> Jeff Johanning
> Health Physicist V/RSO
> SAIC
> 858-826-9725
>
> -----Original Message-----
> From: radsafe-bounces at health.phys.iit.edu
> [mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of Felipe
Gaitan
> Sent: Thursday, October 13, 2011 7:41 PM
> To: The International Radiation Protection (Health Physics) Mailing
List
> Subject: [ RadSafe ] Gral question on RSO liabilities
>
> Dear Radsafers - I have a question on behalf of a colleague of mine.
> 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?
> Thanks in advance for your help,
>
>
>
> D. Felipe Gaitan, Ph.D.
> Chief Research Scientist
> Impulse Devices, Inc.
> 13366 Grass Valley Av.  Unit H
> Grass Valley, CA  95945
> Phone: 530-273-6500 Ext. 112
> Fax:  530-273-6566
> email: gaitan at impulsedevices.com
> website: http://impulsedevices.com
>
>
>
>
>
>
>
> THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE(S) AND
> MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION. IF
YOU
> ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE
FOR
> DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY
> NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, DISPLAYING, COPYING, OR
> USE OF THIS INFORMATION IS STRICTLY PROHIBITED.
>
>
>
> _______________________________________________
> You are currently subscribed to the RadSafe mailing list
>
> Before posting a message to RadSafe be sure to have read and
understood
> the RadSafe rules. These can be found at:
> http://health.phys.iit.edu/radsaferules.html
>
> For information on how to subscribe or unsubscribe and other settings
> visit: http://health.phys.iit.edu
> _______________________________________________
> You are currently subscribed to the RadSafe mailing list
>
> Before posting a message to RadSafe be sure to have read and
understood the
>RadSafe rules. These can be found at:
>http://health.phys.iit.edu/radsaferules.html
>
> For information on how to subscribe or unsubscribe and other settings
visit:
>http://health.phys.iit.edu

D. Felipe Gaitan, Ph.D.
Chief Research Scientist
Impulse Devices, Inc.
13366 Grass Valley Av.  Unit H
Grass Valley, CA  95945
Phone: 530-273-6500 Ext. 112
Fax:  530-273-6566
email: gaitan at impulsedevices.com
website: http://impulsedevices.com

THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE(S) AND
MAY
CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION. IF YOU ARE
NOT THE
INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING
THE
MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION, DISPLAYING, COPYING, OR USE OF THIS
INFORMATION IS
STRICTLY PROHIBITED.

_______________________________________________
You are currently subscribed to the RadSafe mailing list

Before posting a message to RadSafe be sure to have read and understood
the
RadSafe rules. These can be found at:
http://health.phys.iit.edu/radsaferules.html

For information on how to subscribe or unsubscribe and other settings
visit:
http://health.phys.iit.edu
_______________________________________________
You are currently subscribed to the RadSafe mailing list

Before posting a message to RadSafe be sure to have read and understood
the RadSafe rules. These can be found at:
http://health.phys.iit.edu/radsaferules.html

For information on how to subscribe or unsubscribe and other settings
visit: http://health.phys.iit.edu
_______________________________________________
You are currently subscribed to the RadSafe mailing list

Before posting a message to RadSafe be sure to have read and understood
the RadSafe rules. These can be found at:
http://health.phys.iit.edu/radsaferules.html

For information on how to subscribe or unsubscribe and other settings
visit: http://health.phys.iit.edu