Re: On badging and the Law

[Kent Lambert <lambert@hal.hahnemann.edu>]

It would be a simple matter for a lawyer to argue that the dose from a film badge would 
not accurately represent the exposure from 3 microcuries of P-32.  The hazard (at least 
from a regulatory compliance perspective) from 3 microcuries of P-32 is localized skin 
contamination.  Localized skin contamination will not be detected by a film badge.  

So those of us who work at Universities and Hospitals should monitor who?  Should we 
also monitor C-14 users (the beta is not energetic enough to make it through the 
protective film packet)?  There MUST be a reasonable criteria for when to monitor.  
Remember hospitals and universities are OPEN TO THE PUBLIC!  If we are going to monitor 
for 3 microcuries then should we monitor all individuals who walk in our door?  


RONALD GOODWIN wrote:

>      Thus a court that chooses to follow the decision in Whiting may hold
>      that if a plaintiff's dose was actually measured, a plaintiff MAY NOT
>      SUBSTITUTE A DOSE "RECONSTRUCTION" for the actual measured dose.
>      [emphasis is mine, not the article].
> 
>      This underscores the importance of both implementing an effective
>      dosimetry program that accurately measures dose and maintaining dose
>      records in retrievable, legible form.  If a plaintiff's dose was not
>      accurately measured or if the pertinent dose records are missing or
>      illegible, then plaintiff will be entitled to introduce his expert's
>      own dose reconstruction which will undoubtedly artificially inflate
>      the dose.  Moreover if utilities are attempting to save money now by
>      eliminating or reducing the cost of badging employees whose doses are
>      expected to be below ten percent of the annual limits (10CFR20.1502)
>      and one of those workers sues, it is likely that the worker would be
>      allowed to introduce his own dose reconstruction since his dose was
>      not measured by the utility.

Kent Lambert, CHP
lambert@hal.hahnemann.edu

All opinions are well reasoned and insightful.
Needless to say, they are not [necessarily] the
opinions of my employer. - paraphrased from Michael Feldman