Re: OSHA X-ray/Accelerator Inspections

["Wayne F Johnston" <wjohnsto@dhhs.state.nh.us>]

I do not know of any inspections by them but OSHA apparently does have the
authority.

29 CFR 1910.1096(p)(3)(ii) says that "any employer who "has either
registered such sources [radiation sources other than source, byproduct,
and special nuclear materials.  includes x-ray machines and accelerators
per telecon with my local OSHA office] ..., or is operating under a license
issued by a State which has an agreement in effect with the [NRC] ... and
in accordance with the State's laws and regulations shall be deemed to be
in compliance with the radiation requirements of this section, insofar as
his possession and use of such material is concerned , provided the State's
program for control of these radiation sources is the subject of a
currently effective determination by the Assistant Secretary of Labor that
such program is compatible with the requirements of this section."  There
follows a list of states form which such determinations are in effect.

I got this from the OSHA web site at www.osha.gov.

Note that OSHA has not transferred its authority.  They seem to have
decided that they will leave things to the states named in the regulation,
but reserve the right to exert their authority if they believe it
necessary.  There is also a standards interpretation letter dated 09-27-90
about that point at the web site.

Another thing to be aware of:  OSHA is using the equivalent of the "old"
10CFR20.  That is, quarterly dose limits {29CFR1910.1096(b)(1)}, the
5(N-18) rule {(b)(2)(ii), etc.

My local OSHA guy says they have not carried out an x-ray or accelerator
inspection in the 20 years he has been at the office.

Obviously, the above represents my personal understanding and opinion.

Wayne Johnston
NH Bur Rad Health
wjohnsto@dhhs.state.nh.us
603-271-4842 (W)


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