NOTE: For purposes of § 50-204.309 where there is involved a combination of isotopes in known amounts the limit for the combination should be derived as follows: Determine, for each isotope in the combination, the ratio between the quantity present in the combination and the limit otherwise established for the specific isotope when not in combination. The sum of such ratios for all the isotopes in the combination may not exceed "1" (1.e., "unity").

[29 F.R. 1442, Jan. 29, 1964]

§ 50-204.310 Exceptions from posting requirements. Notwithstanding the

§ 50-204.309:

provisions of

(a) A room or area is not required to be posted with a caution sign because of the presence of a sealed source provided the radiation level twelve inches from the surface of the source container or housing does not exceed five millirem per hour.

(b) Rooms or other areas in on site medical facilities are not required to be posted with caution signs because of the presence of patients containing radioactive material provided that there are personnel in attendance who shall take

the precautions necessary to prevent the exposure of any individual to radiation or radioactive material in excess of the limits established in the regulations in this part.

(c) Caution signs are not required to be posted at areas or rooms containing radioactive materials for periods of less than eight hours provided that (1) the materials are constantly attended during such periods by an individual who shall take the precautions necessary to prevent the exposure of any individual to radiation or radioactive materials in excess of the limits established in the regulations in this part and; (2) such area or room is subject to the employer's control.

[29 F.R. 1443, Jan. 29, 1964]

§ 50-204.311 Exemptions for radioactive materials packaged for shipment. Radioactive materials packaged and labeled in accordance with regulations of the Interstate Commerce Commission shall be exempt from the labeling and posting requirements of § 50-204.309 during shipment, provided that the inside containers are labeled in accordance with the provisions of § 50-204.309. [29 F.R. 1443, Jan. 29, 1964]

§ 50204.312 Instruction of personnel: posting.

All employers regulated by the AEC shall be governed by § 20.206 (10 CFR Part 20) standards. All other employers shall be regulated by the following:

(a) All individuals working in or frequenting any portion of a radiation area shall be informed of the occurrence of radioactive materials or of radiation in such portions of the radiation area; shall be instructed in the safety problems associated with exposure to such materials or radiation and in precautions or devices to minimize exposure; shall be instructed in the applicable provisions of these radiation health and safety regulations for the protection of employees from exposure to radiation or radioactive materials; and shall be advised of reports or radiation exposure which employees may request pursuant to these regulations.

(b) Each employer shall post a current copy of the regulations of this part and a copy of the operating procedures applicable to the work under contract conspicuously in such locations as to ensure that employees working in or frequenting radiation areas will observe

No employer shall dispose of radioactive material except by transfer to an authorized recipient or in a manner approved by the Atomic Energy Commission.

[29 F.R. 1443, Jan. 29, 1964]

§ 50-204.315

Notification of incidents.

(a) Immediate notification. Each employer shall immediately notify the Regional Director of the appropriate Wage and Hour and Public Contracts Divisions Regional Office, U.S. Department of Labor for employees not regulated by AEC by means of 10 CFR Part 20, by telephone or telegraph of any incident involving radiation which may have caused or threatens to cause:

(1) Exposure of the whole body of any individual to 25 rems or more of radiation; exposure of the skin of the whole body of any individual of 150 rems or more of radiation; or exposure of the feet, ankles, hands or forearms of any individual to 375 rems or more of radiation; or

(2) A loss of one working week or more of the operation of any facilities affected; or

(3) Damage to property in excess of $100,000.

(b) Twenty-four hour notification. Each employer shall within 24 hours notify the Regional Director of the appropriate Wage and Hour and Public Contracts Divisions' Regional Office, U.S. Department of Labor for employees not regulated by AEC by means of 10 CFR Part 20, by telephone or telegraph of any incident involving radiation which may have caused or threatens to cause:

(1) Exposure of the whole body of any individual to 5 rems or more of radiation; exposure of the skin of the whole body of any individual to 30 rems or more of radiation; or exposure of the feet, ankles, hands or forearms to 75 rems or more of radiation; or

(2) A loss of one day or more of the operation of any facilities affected; or (3) Damage to property in excess of $1,000.

[29 F.R. 1443, Jan. 29, 1964]

§ 50-204.316 Reports of overexposure and excessive levels and concentrations.

(a) In addition to any notification required by 50-204.315 each employer shall make a report in writing within 30 days to the Regional Director of the appropriate Wage and Hour and Public Contracts Divisions' Regional Office, U.S. Department of Labor, for employees not regulated by AEC by means of 10 CFR Part 20; (1) Each exposure of an individual to radiation or concentrations of radioactive material in excess of any applicable limit in this part. Each report required under this paragraph shall describe the extent of exposure of persons to radiation or to radioactive material; levels of radiation and concentrations of radioactive material involved, the cause of the exposure, levels of concentrations; and corrective steps taken or planned to assure against a recur

rence.

(b) In any case where an employer is required pursuant to the provisions of this section to report to the Wage and Hour and Public Contracts Divisions, U.S. Department of Labor any exposure of an individual to radiation or to concentrations of radioactive material, the employer shall also notify such individual of the nature and extent of exposure. Such notice shall be in writing and shall contain the following statement:

This report is furnished to you under the provisions of 41 CFR Part 50-204, U.S. Department of Labor, Wage and Hour and Public Contracts Divisions. You should preserve this report for future reference. [29 F.R. 1444, Jan. 29, 1964] § 50-204.317

Records.

(a) Every employer shall maintain records of the radiation exposure of all employees for whom personnel monitor

ing is required under § 50-204.308 (a) and advise each of his employees of his individual exposure on at least an annual basis.

(b) Every employer shall maintain records in the same units used in the table in § 50-204.306 and 50-204.307 showing the results of surveys required by § 50-204.308(b).

[28 F.R. 8211, Aug. 9, 1963. Redesignated at 29 F.R. 1442, Jan. 29, 1964]

§ 50-204.318 Disclosure to former employee of individual employee's record.

At the request of a former employee each employer shall furnish to the former employee a report of the former employee's exposure to radiation as shown in records maintained by the employer, pursuant to § 50-204.317(a). Such report shall be furnished within 30 days from the time the request is made; shall cover each calendar quarter of the individual's employment involving exposure to radiation, or such lesser period as may be requested by the employee. The report shall also include the results of any calculations and analysis of radioactive material deposited in the body of the employee. The report shall be in writing and contain the following statement:

This report is furnished to you under the provisions of the U.S. Department of Labor, Wage and Hour and Public Contracts Divisions, Radiation Safety and Health Standards (41 CFR Part 50-204). You should preserve this report for future reference.

(b) The former employee's request should include appropriate identifying data, such as social security number and dates and locations of employment. [29 F.R. 1444, Jan. 29, 1964]

limitations contained in §§ 50-204.306 and 50-204.307 when the extent of variation is clearly specified and it is demonstrated to his satisfaction that (1) such variation is necessary to obtain a beneficial use of radiation or atomic energy, (2) such benefit is of sufficient value to warrant the variation, (3) employees will not be exposed to an undue hazard, and (4) appropriate action will be taken to protect the health and safety of such employees.

(b) Applications for such variations should be filed with the Administrator of the Wage and Hour and Public Contracts Divisions, United States Department of Labor, 14th Street and Constitution Avenue NW., Washington 25, D.C. [28 F.R. 8211, Aug. 9, 1963. Redesignated at 29 F.R. 1442, Jan. 29, 1964]

§ 50-204.320 AEC licensees: AEC contractors operating AEC plants and facilities.

(a) Any employer who possesses or uses source material, byproduct material, or special nuclear material, as defined in the Atomic Energy Act of 1954, as amended, under a license issued by the Atomic Energy Commission and in accordance with the requirements of Part 20, Chapter 1, Title 10, Code of Federal Regulations, shall be deemed to be in compliance with the requirements of this part with respect to such possession and

use.

(b) AEC contractors operating AEC plants and facilities. Any employer who possesses or uses source material, byproduct material, special nuclear material, or other radiation sources under a contract with the Atomic Energy Commission for the operation of AEC plants and facilities and in accordance with the standards, procedures, and other requirements for radiation protection established by the Commission for such contract pursuant to the Atomic Energy Act of 1954 as amended (42 U.S.C. 2011 et seq.), shall be deemed to be in compliance with the requirements of this part with respect to such possession and use.

[29 F.R. 1444, Jan. 29, 1964, as amended at 29 F.R. 6091, May 8, 1964]

50-205.8 50-205.9

Reports of inspections.

Inspections by State agency.

Complaints.

Inspections by the Department of Labor. 50-205.10 Modification or termination of agreement.

AUTHORITY: The provisions of this Part 50-205 issued under sec. 4, 49 Stat. 2038, 41 U.S.C. 38. Interpret or apply sec. 1, 49 Stat. 2036, 41 U.S.C. 35.

SOURCE: The provisions of this Part 50-205 appear at 27 F.R. 1270, Feb. 10, 1962. § 50-205.1 Purpose and scope.

The Walsh-Healey Public Contracts Act authorizes and directs the Secretary of Labor to utilize, with the consent of a State, such State and local officers and employees as he may find necessary to assist in the administration of the Act. It is the purpose of this part to prescribe the rules governing the use of such State and local officers in inspections (or investigations) relating to the enforcement of the stipulation required by the Act providing that no part of a contract subject thereto will be performed nor will any materials, supplies, articles, or equipment to be manufactured or furnished under such a contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of the contract, and the enforcement of the safety and health standards interpreting and applying that stipulation published in Part 50-204 of this chapter.

§ 50-205.2 Definitions.

(a) "Act" means the Walsh-Healey Public Contracts Act.

(b) "Secretary" means the Secretary of Labor.

(c) "State agency" means any authority of a State government which is responsible for the enforcement of State laws or regulations prescribing safety and health standards for employees.

(d) "Administrator" means the Administrator of the Wage and Hour and Public Contracts Divisions or his duly authorized representative.

§ 50-205.3 Agreement with a State

agency.

The Secretary may enter into an agreement with the head of a State agency providing for the use of State or local officers and employees in the conduct of inspections under the safety and health provisions of the Act as interpreted or applied in Part 50-204 of this chapter whenever he finds that the utilization of such State or local officers is necessary to assist in the administration of those provisions. In making such a finding, consideration may be given to the State laws or regulations administered by the State agency providing safety and health standards, the central and field organization of the State agency, and the qualifications of its investigative personnel.

§ 50-205.4 Plan of cooperation.

Each agreement under this part shall incorporate a plan of cooperation between the Department of Labor and the State agency. The plan shall include the operative details of the cooperation contemplated in the making of safety and health inspections. The plan shall include a statement of the location of the State offices designated to make inspections and those of the Department of Labor designated to cooperate with such State offices.

§ 50-205.5 Inspections by State agency.

Inspections shall be conducted by the State agency with whom an agreement has been made under this part in order to determine the extent of compliance by Government contractors subject to the Act (as determined by the Department of Labor) with the safety and health provisions interpreted or applied in Part 50-204 of this chapter. Inspectors of the State agency shall be considered authorized representatives of the Secretary of Labor in making inspections including the examining of the records of the Government contractor maintained under §§ 50-201.501 and 502 of this chapter. Inspections shall be made upon request of the Department of Labor or concurrently with inspections made to ascertain the compliance by employers with State safety and health requirements.

§ 50-205.6 Complaints.

When a complaint of alleged safety and health violations by an employer apparently subject to the Act is filed with a State agency, that agency shall transmit a copy of the complaint to the cooperating office of the Department of Labor within 5 days from the receipt of the complaint. All complaints shall be considered confidential and shall not be disclosed to any employer without the consent of the complainant.

§ 50-205.7 Manual of instructions.

The Administrator shall provide the State agency with a manual of instructions which shall be used in the making of inspections.

§ 50-205.8 Reports of inspections.

The State agency shall furnish the Department of Labor with a report of its inspection when the following circumstances exist:

(a) The inspection was requested by the Department of Labor;

(b) The inspection discloses serious violations of the safety and health requirements of Part 50-204 of this chapter by an employer apparently subject to the Act;

(c) The inspection discloses minor violations of the safety and health re

quirements of Part 50-204 of this chapter by an employer apparently subject to the Act which are not corrected promptly when such apparent violations are brought to the attention of the employer or as to which fully reliable assurances of future compliance are not or cannot be obtained.

§ 50-205.9 Inspections by the Depart ment of Labor.

The Administrator may conduct such inspections as he may find appropriate to assure compliance with the safety and health provisions of the Act or whenever he may find that a safety and health inspection should be carried out along with investigation under other provisions of the Act or the Fair Labor Standards Act of 1938. Whenever an inspection by the Administrator discloses apparent violations of State safety and health requirements the Administrator shall report such disclosures to the State agency.

50-205.10 Modification or termination of agreement.

Any agreement entered into this part may be modified at any time with the consent of both parties, and may be terminated by either party after notifying the other party 60 days prior thereto.