Page images
[ocr errors]



[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]


[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

the precautions necessary to prevent the Material


exposure of any individual to radiation caries

or radioactive material in excess of the Nb

limits established in the regulations in N .

this part. NS PO...

(c) Caution signs are not required to PDIF R1108

be posted at areas or rooms containing Pd109

radioactive materials for periods of less Pm147 P0310

than eight hours provided that (1) the Pri

10 materials are constantly attended durPu29 Ron...

ing such periods by an individual who

0.1 Rb.

shall take the precautions necessary to Rel80 Rb10

prevent the exposure of any individual RU1+R210

to radiation or radioactive materials in

excess of the limits established in the 8b12 Scho.

regulations in this part and; (2) such Sm14

area or room is subject to the employer's Sn113... 8r

control. 8761480

(29 F.R. 1443, Jan. 29, 1964) Tg18 Tch

8 50–204.311 Exemptions for radioacTC Te 137

tive materials packaged for shipment. Tein. Th (nat

Radioactive materials packaged and T1204

labeled in accordance with regulations Tritium. See H .

of the Interstate Commerce Commission U (natural). U23

shall be exempt from the labeling and U21-U23...-------------

posting requirements of $ 50–204.309 ve W186

during shipment, provided that the inY

side containers are labeled in accordYo Zna..

ance with the provisions of $ 50–204.309. Unidentified radioactive materials or any of

(29 F.R. 1443, Jan. 29, 1964) the above in unknown mixtures.

8 50204.312 Instruction of personnel:

NOTE: For purposes of $ 50–204.309 where
there is involved & combination of 180-

All employers regulated by the AEC topes in known amounts the limit for the shall be governed by $ 20.206 (10 CFR combination should be derived as follows: Part 20) standards. All other employers Determine, for each isotope in the combina. shall be regulated by the following: tion, the ratio between the quantity present

(a) All individuals working in or frein the combination and the limit otherwise

quenting any portion of a radiation area established for the specific isotope when not in combination. The sum of such ratios for

shall be informed of the occurrence of all the isotopes in the combination may not

radioactive materials or of radiation in exceed "1" (1.e., "unity").

such portions of the radiation area; shall (29 F.R. 1442, Jan. 29, 1964)

be instructed in the safety problems as

sociated with exposure to such materials 8 50–204.310 Exceptions from posting or radiation and in precautions or derequirements.

vices to minimize exposure; shall be inNotwithstanding the provisions of structed in the applicable provisions of $ 50–204.309:

these radiation health and safety regula(a) A room or area is not required to tions for the protection of employees be posted with a caution sign because of from exposure to radiation or radioacthe presence of a sealed source provided tive materials; and shall be advised of the radiation level twelve inches from reports or radiation exposure which emthe surface of the source container or ployees may request pursuant to these housing does not exceed five millirem per regulations. hour.

(b) Each employer shall post a cur(b) Rooms or other areas in on site rent copy of the regulations of this part medical facilities are not required to be and a copy of the operating procedures posted with caution signs because of the applicable to the work under contract presence of patients containing radio conspicuously in such locations as to enactive material provided that there are sure that employees working in or frepersonnel in attendance who shall take quenting radiation areas will observe

these documents on the way to and from (1) Exposure of the whole body of any their place of employments, or shall keep individual to 5 rems or more of radiasuch documents available for examina tion; exposure of the skin of the whole tion of employees upon request.

body of any individual to 30 rems or (29 F.R. 1443, Jan. 29, 1964)

more of radiation; or exposure of the

feet, ankles, hands or forearms to 75 $ 50–204.313 Storage of radioactive ma.

rems or more of radiation; or terials.

(2) A loss of one day or more of the Radioactive materials stored in a non- operation of any facilities affected; or radiation area shall be secured against (3) Damage to property in excess of unauthorized removal from the place of $1,000. storage. This will apply to covered em [29 F.R. 1443, Jan. 29, 1964) ployees, except those under AEC regulation which will be governed by the ap- $ 50–204.316 Reports of overexposure plicable provisions of $ 20.207 (10 CFR

and excessive levels and concentraPart 20).

tions. [29 F.R. 1443, Jan. 29, 1964)

(a) In addition to any notification re8 50–204.314 Waste disposal.

quired by $ 50–204.315 each employer No employer shall dispose of radio

shall make a report in writing within 30

days to the Regional Director of the apactive material except by transfer to an

propriate Wage and Hour and Public authorized recipient or in a manner ap

Contracts Divisions' Regional Office, U.S. proved by the Atomic Energy Commis

Department of Labor, for employees not sion.

regulated by AEC by means of 10 CFR 129 F.R. 1443, Jan. 29, 1964)

Part 20; (1) Each exposure of an indi8 50–204.315 Notification of incidents. vidual to radiation or concentrations of (a) Immediate notification. Each em

radioactive material in excess of any

applicable limit in this part. Each reployer shall immediately notify the Re

port required under this paragraph shall gional Director of the appropriate Wage

describe the extent of exposure of perand Hour and Public Contracts Divisions Regional Office, U.S. Department of La

sons to radiation or to radioactive matebor for employees not regulated by AEC

rial; levels of radiation and concentraby means of 10 CFR Part 20, by telephone

tions of radioactive material involved, or telegraph of any incident involving

the cause of the exposure, levels of conradiation which may have caused or

centrations; and corrective steps taken

or planned to assure against a recurthreatens to cause: (1) Exposure of the whole body of any


(b) In any case where an employer is individual to 25 rems or more of radia

required pursuant to the provisions of tion; exposure of the skin of the whole

this section to report to the Wage and body of any individual of 150 rems or

Hour and Public Contracts Divisions, more of radiation; or exposure of the feet, ankles, hands or forearms of any

U.S. Department of Labor any exposure individual to 375 rems or more of radia

of an individual to radiation or to con

centrations of radioactive material, the tion; or (2) A loss of one working week or

employer shall also notify such individ

ual of the nature and extent of exposure. more of the operation of any facilities

Such notice shall be in writing and shall affected; or

contain the following statement: (3) Damage to property in excess of $100,000.

This report is furnished to you under the (b) Twenty-four hour notification. provisions of 41 CFR Part 50–204, U.S. De

partment of Labor, Wage and Hour and PubEach employer shall within 24 hours

lic Contracts Divisions. You should prenotify the Regional Director of the ap

serve this report for future reference. propriate Wage and Hour and Public

(29 F.R. 1444, Jan. 29, 1964) Contracts Divisions' Regional Office, U.S. Department of Labor for employees not 8 50–204.317 Records. regulated by AEC by means of 10 CFR Part 20, by telephone or telegraph of any (a) Every employer shall maintain incident involving radiation which may

records of the radiation exposure of all have caused or threatens to cause:

employees for whom personnel monitor

ing is required under $ 50–204.308(a) limitations contained in $$ 50–204.306 and advise each of his employees of his and 50–204.307 when the extent of varia. individual exposure on at least an annual tion is clearly specified and it is demonbasis.

strated to his satisfaction that (1) such (b) Every employer shall maintain variation is necessary to obtain a benerecords in the same units used in the ficial use of radiation or atomic energy, table in $ 50–204.306 and 8 50–204.307 (2) such benefit is of suficient value to showing the results of surveys required warrant the variation, (3) employees will by $ 50–204.308(b).

not be exposed to an undue hazard, and

(4) appropriate action will be taken to [28 F.R. 8211, Aug. 9, 1963. Redesignated at

protect the health and safety of such 29 F.R. 1442, Jan. 29, 1964)

employees. & 50–204.318 Disclosure to former em (b) Applications for such variations

ployee of individual employee's should be filed with the Administrator record.

of the Wage and Hour and Public ConAt the request of a former employee tracts Divisions, United States Departeach employer shall furnish to the for ment of Labor, 14th Street and Constitumer employee a report of the former em tion Avenue NW., Washington 25, D.C. ployee's exposure to radiation as shown (28 F.R. 8211, Aug. 9, 1963. Redesignated at in records maintained by the employer, 29 F.R. 1442, Jan. 29, 1964) pursuant to $ 50–204.317(a). Such re

$ 50–204.320 AEC licensees: AEC conport shall be furnished within 30 days from the time the request is made; shall

tractors operating AEC plants and

facilities. cover each calendar quarter of the individual's employment involving exposure (a) Any employer who possesses or to radiation, or such lesser period as uses source material, byproduct matemay be requested by the employee. The rial, or special nuclear material, as dereport shall also include the results of fined in the Atomic Energy Act of 1954, any calculations and analysis of radio as amended, under a license issued by the active material deposited in the body of Atomic Energy Commission and in acthe employee. The report shall be in cordance with the requirements of Part writing and contain the following state 20, Chapter 1, Title 10, Code of Federal ment:

Regulations, shall be deemed to be in This report is furnished to you under the com

compliance with the requirements of this provisions of the U.S. Department of Labor,

part with respect to such possession and Wage and Hour and Public Contracts Divi- use. sions, Radiation Safety and Health Stand (b) AEC contractors operating AEC ards (41 CFR Part 50–204). You should pre plants and facilities. Any employer who serve this report for future reference.

possesses or uses source material, by(b) The former employee's request product material, special nuclear mashould include appropriate identifying

terial, or other radiation sources under data, such as social security number and a contract with the Atomic Energy dates and locations of employment.

Commission for the operation of AEC (29 F.R. 1444, Jan. 29, 1964)

plants and facilities and in accordance

with the standards, procedures, and 50–204.319 Application for varia. other requirements for radiation protions.

tection established by the Commission (a) In accordance with the policy ex for such contract pursuant to the Atomic pressed in the Federal Radiation Coun- Energy Act of 1954 as amended (42 U.S.C. cil's memorandum concerning radiation 2011 et seq.), shall be deemed to be in protection guidance for Federal agencies compliance with the requirements of this (25 F.R. 4402), the Administrator of the part with respect to such possession and Wage and Hour and Public Contracts use. Divisions may from time to time grant [29 F.R. 1444, Jan. 29, 1964, as amended at permission to employers to vary from the 29 F.R. 6091, May 8, 1964)

PART 50_205-ENFORCEMENT OF (d) “Administrator” means the Ad


Public Contracts Divisions or his duly EES

authorized representative.

50–205.3 Agreement with a State Sec. 50-205.1 Purpose and scope.

agency. 50-205.2 Definitions.

The Secretary may enter into an 50-205.3 Agreement with a State agency. agreement with the head of a State 50-205.4 Plan of cooperation.

agency providing for the use of State or 50-205.5 Inspections by State agency.

local officers and employees in the con50-205.6 Complaints. 50-205.7 Manual of instructions.

duct of inspections under the safety and 50–205.8 Reports of Inspections.

health provisions of the Act as inter50-205.9 Inspections by the Department of

preted or applied in Part 50–204 of this Labor.

chapter whenever he finds that the uti50-205.10 Modification or termination of lization of such State or local officers is agreement.

necessary to assist in the administration AUTHORITY: The provisions of this part

of those provisions. In making such a 50-205 issued under sec. 4, 49 Stat. 2038, 41

finding, consideration may be given to U.S.C. 38. Interpret or apply sec. 1, 49 Stat. the State laws or regulations admin2036, 41 U.S.C. 35.

istered by the State agency providing SOURCE: The provisions of this part 50-205

safety and health standards, the central appear at 27 F.R, 1270, Feb. 10, 1962.

and field organization of the State

agency, and the qualifications of its in$ 50_205.1 Purpose and scope.

vestigative personnel. The Walsh-Healey Public Contracts Act authorizes and directs the Secretary

§ 50–205.4 Plan of cooperation. of Labor to utilize, with the consent of a Each agreement under this part shall State, such State and local officers and incorporate a plan of cooperation beemployees as he may find necessary to tween the Department of Labor and the assist in the administration of the Act. State agency. The plan shall include It is the purpose of this part to prescribe the operative details of the cooperation the rules governing the use of such state contemplated in the making of safety and local officers in inspections (or in and health inspections. The plan shall vestigations) relating to the enforcement include a statement of the location of of the stipulation required by the Act the State offices designated to make inproviding that no part of a contract sub spections and those of the Department ject thereto will be performed nor will of Labor designated to cooperate with any materials, supplies, articles, or equip such State offices. ment to be manufactured or furnished

& 50_205.5 Inspections by State agency. under such a contract be manufactured or fabricated in any plants, factories, Inspections shall be conducted by the buildings, or surroundings or under State agency with whom an agreement working conditions which are unsanitary has been made under this part in order or hazardous or dangerous to the health to determine the extent of compliance and safety of employees engaged in the by Government contractors subject to performance of the contract, and the the Act (as determined by the Departenforcement of the safety and health ment of Labor) with the safety and standards interpreting and applying that health provisions interpreted or applied stipulation published in Part 50–204 of in Part 50–204 of this chapter. Inspecthis chapter.

tors of the State agency shall be con

sidered authorized representatives of the $ 50–205.2 Definitions.

Secretary of Labor in making inspections (a) “Act" means the Walsh-Healey including the examining of the records Public Contracts Act.

of the Government contractor main(b) "Secretary" means the Secretary tained under $$ 50–201.501 and 502 of of Labor.

this chapter. Inspections shall be made (c) “State agency” means any author upon request of the Department of Labor ity of a State government which is re- or concurrently with inspections made to sponsible for the enforcement of State ascertain the compliance by employers laws or regulations prescribing safety and with State safety and health require. health standards for employees.


8 50–205.6 Complaints.

quirements of Part 50–204 of this chapter When a complaint of alleged safety

by an employer apparently subject to the

Act which are not corrected promptly and health violations by an employer ap

when such apparent violations are parently subject to the Act is filed with

brought to the attention of the employer a State agency, that agency shall trans

or as to which fully reliable assurances mit a copy of the complaint to the co

of future compliance are not or cannot operating office of the Department of Labor within 5 days from the receipt of

be obtained. the complaint. All complaints shall be considered confidential and shall not be

$ 50–205.9 Inspections by the Depart. disclosed to any employer without the

ment of Labor. consent of the complainant.

The Administrator may conduct such 8 50_205.7 Manual of instructions.

inspections as he may find appropriate

to assure compliance with the safety and The Administrator shall provide the health provisions of the Act or whenever State agency with a manual of instruc he may find that a safety and health tions which shall be used in the making inspection should be carried out along of inspections.

with investigation under other provisions 8 50-205.8 Reports of inspections.

of the Act or the Fair Labor Standards

Act of 1938. Whenever an inspection by The State agency shall furnish the De the Administrator discloses apparent partment of Labor with a report of its violations of State safety and health reinspection when the following circum quirements the Administrator shall restances exist:

port such disclosures to the State agency. (a) The inspection was requested by the Department of Labor;

$ 50-205.10 Modification or termina(b) The inspection discloses serious violations of the safety and health re

tion of agreement. quirements of Part 50–204 of this chap

Any agreement entered into this part ter by an employer apparently subject may be modified at any time with the to the Act;

consent of both parties, and may be (c) The inspection discloses minor terminated by either party after notifyviolations of the safety and health re ing the other party 60 days prior thereto.

« PreviousContinue »