RULE adopted by the Board of Standards and Appeals pursuant to Sections 27-a, 28, 29, 200 and 376 of the Labor Law. THE INDUSTRIAL CODE-RULE NO. 38 RADIATION PROTECTION FINDING OF FACT The Board finds that every industry, trade, occupation and process involving the use or presence of radioactive material or radiationproducing equipment involves elements of danger to the lives, health and safety of persons employed therein. The Board further finds that special regulations are necessary for the protection of such persons, in that such material and equipment may emit invisible and imperceptible rays or particles having the property of producing deleterious or fatal effects, immediate or deferred, upon and within the human body. 38-1 APPLICATION This rule applies throughout the State to every person who, in any industry, trade, occupation or process in the State, transfers, receives, possesses or uses any radiation source while such source is free from and not subject to the regulatory powers and jurisdiction of any of the following: The State Department of Health, the New York City Department of Health, the State Public Service Commission, the United States Coast Guard, the United States Civil Aeronautics Board, the United States Interstate Commerce Commission, or the United States Post Office Department. 38-2 VARIATIONS The Board may grant variations from this rule pursuant to the provisions of Section 30 of the Labor Law. 38-3 SPECIFIC EXEMPTIONS Exemptions from the requirements of this rule are hereby established in favor of any person to the extent that he transfers, receives, possesses, installs, operates or uses the following: Exemption 1. Small lots of timepieces, instruments, novelties or devices containing radioactive material as a luminous element. This exemption does not apply to the manufacture or refinishing of said items, nor to any agreement material other than Hydrogen 3 contained on a timepiece hand or dial. Exemption 2. Radioactive material contained in any item in a concentration not exceeding that set forth in Table 1. This exemption does not apply to the transfer of possession or control of an item containing byproduct material by the person introducing the concentration into the item, unless the transfer is made for analytical, laboratory or waste-disposal purposes to persons duly licensed pursuant to this rule or by the State Department of Health, the New York City Department of Health, the United States Atomic Energy Commission, or an agreement State. Exemption 3. Source material contained in, but less than 0.05% by weight of, any chemical mixture, compound, solution or alloy. Exemption 4. Source material contained in unrefined and unprocessed ore. This exemption does not apply to any refinement or processing of ore containing 0.05% or more by weight of source material. Exemption 5. Source material contained in any of the following products: glazed ceramic tableware, the glaze of which contains not more than 20% by weight of source material; glassware containing not more than 10% by weight of source material, except glass brick, pane glass, ceramic tile and other glass and ceramic products used in building construction. This exemption does not apply to the manufacture of such products or their components. Exemption 6. Thorium contained in incandescent gas mantles, vacuum tubes or welding rods. This exemption does not apply to the manufacture of such products or their components. Exemption 7. Uranium contained in counterweights installed in aircraft and stored or handled in connection with installation or removal of such counterweights in or from aircraft: if such counterweights are manufactured in accordance with a license issued by the Department, the State Department of Health, the New York City Department of Health, the Atomic Energy Commission or any agreement state, and such license provides that such counterweights may be distributed to persons who have not been issued a licensing document therefor, and if each such counterweight has been impressed with a statement, clearly legible after plating, which states, "CAUTIONRADIOACTIVE MATERIAL-URANIUM", and there is no removal or penetration of the plating on such counterweight. Exemption 8. Source material contained in photographic films, negatives or prints. This exemption does not apply to the manufacture of such products or their components. Exemption 9. Tungsten-Thorium alloy or Magnesium-Thorium alloy containing not more than 4 percent by weight of Thorium when fabricated into any finished product or part thereof. This exemption does not apply to the manufacture of the product or part, or to any treatment or processing thereof. Exemption 10. Radioactive material, other than agreement material, containing a specific radioactivity that does not exceed that of Potassium occurring in its natural state (0.001 microcurie/gram). Exemption 11. Radiation equipment which by reason of its design cannot emit radiation at a level which, when measured two inches from the surface of such radiation equipment with all external shielding removed, exceeds a rate of 0.5 millirem in any hour. This exemption does not apply to the testing or servicing of such equipment during the production thereof. Exemption 12. Domestic television receivers. This exemption does not apply to the testing or servicing of such receivers during the production thereof. Exemption 13. Radiation equipment during its storage, shipment, retail sale or other similar use in the course of which the equipment does not emit radiation. This exemption does not apply to the labeling requirements of this rule. Exemption 14. Lock illuminators each containing not more than 15 millicuries of Hydrogen 3 installed in an automobile lock. This exemption does not apply to the manufacture of such illuminators or to their installation into automobile locks. Exemption 15. Rare earth metals and compounds, mixtures and products containing not more than 0.25% by weight Thorium, Uranium or any combination of these. This exemption does not apply to the manufacture of any of these products. Exemption 16. Uranium used as shielding constituting part of any shipping container which is conspicuously and legibly impressed with the legend "CAUTION – RADIOACTIVE SHIELDING – URANIUM" and which meets the specifications for containers for radioactive materials prescribed by § 78.250, Specification 55, Part 78 of the regulations of the Interstate Commerce Commission (49 CFR 78.250). This exemption does not authorize the manufacture of any such shielding or container. 38-4 REGISTRATION Except as below provided, every installation and mobile source shall be registered with the Commissioner on a form prescribed by him, setting forth the location and character of the radiation source or sources and such other or further information as he may require for the due enforcement of this rule. Registration shall be made prior to receipt of the radiation source. If a registered installation or mobile source is so changed as to render its registration inaccurate, notice thereof shall be given to the Commissioner within 48 hours. Registration is not required in respect to radiation sources consisting exclusively of agreement material. Registration is not required in respect to radioactive materials specified in Table 2 and not exceeding the quantities therein set forth, unless: a. More than a total of 10 such quantities are possessed simultaneously; or b. The materials are combined or in any way increased in radioactivity; or c. The materials are applied to any food, beverage, cosmetic or drug, or to any other or different product designed for ingestion, inhalation or application by or to a human being. 38-5 LICENSING 38-5.1 General Requirement. Except as otherwise provided in this rule, no person shall transfer, receive, possess or use any agreement material unless he is duly licensed to do so pursuant to this rule. 38-5.2 Exemptions from Licensing Requirement. The following are exempted from said general requirement: a. All persons in respect to byproduct materials specified in Table 2 and not exceeding the quantities therein set forth, unless more than a total of 10 such quantities are transferred, received, possessed or used simultaneously. b. All persons in respect to byproduct materials contained in the following devices, when such devices have been manufactured, tested, and labeled in accordance with the specifications contained in a license or permit from the Comissioner, the State Department of Health, the New York City Department of Health, the United States Atomic Energy Commission or any agreement State, which license or permit provides that such item may be distributed to persons who have not been issued a licensing document therefor. 1. A device designed for use as a static eliminator and containing, as a sealed source, byproduct material consisting of a total quantity of not more than 500 microcuries of Polonium 210; 2. Any spark gap or electronic tube containing byproduct material consisting of a total quantity of not more than 5 microcuries of Cesium 137, Nickel 63, or Krypton 85 gas, or 1 microcurie of Cobalt 60; 3. Any device designed for use in measuring or determining light intensity and containing, as a sealed source, byproduct material consisting of a total quantity of not more than 200 microcuries of Strontium 90; 4. Any device designed for use in ionizing air and containing, as a sealed source, byproduct material consisting of a total quantity of not more than 500 microcuries of Polonium 210 or 50 millicuries of Hydrogen 3; or 5. Any device designed for use in detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or designed for producing light or an ionized atmosphere. c. Commercial and industrial firms, and research, educational and medical institutions in respect to any source material in quantities not exceeding a total of 15 pounds at any one time or a total of 150 pounds in a calendar year for commercial, industrial, research and developmental purposes. d. All persons in respect to Hydrogen 3 contained in luminous safety devices for use in aircraft, when each device contains not more than four curies of Hydrogen 3 and has been manufactured, assembled or imported in accordance with a license issued by the Department, the State Department of Health, the New York City Department of Health, the Commission or any agreement state, if such license authorizes distribution to persons who have not been issued a licensing document therefor. This exemption does not authorize the manufacture, assem bly or repair of luminous safety devices containing Hydrogen 3. 38-6 SPECIAL REQUIREMENTS FOR PERSONS EXEMPTED FROM LICENSING 38-6.1 As to Byproduct Materials. No person exempted from the licensing requirement of this rule shall by any method combine, increase, or cause any combination or increase in, the radioactivity of any exempt quantity or item containing byproduct material, or administer externally or internally, or direct the administration of, any exempt quantity or item to a human being for any purpose; or add, or direct the addition of, any exempt byproduct material to any food, beverage, cosmetic, drug, or other product designed for ingestion or inhalation by, or application to, any individual. 38-6.2 As to Certain Exempt Devices. Every person exempted from the requirement for licensing in respect to byproduct materials contained in a device designed for use in detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or in a device designed for producing light or an ionized atmosphere (except the specific devices above named), shall comply with the following requirements: a. Such person shall, upon receipt of an exempt device, provide the Commissioner with written notification describing the type of such device obtained, the quantity and type of byproduct material contained in such device and such other information as the Commissioner may require; b. No such person shall dispose of by abandonment or otherwise any such device, except by transfer to a person who holds a written license or permit to receive such device issued by the Commissioner, the State Department of Health, the New York City Department of Health, the United States Atomic Energy Commission or any agreement State; c. Such person shall assure that such device at the time of his receipt thereof and for such time as it remains in his possession shall have affixed thereto a label stating verbatim or substantially: "This device contains radioactive material, and has been manufactured and distributed by pursuant Removal of this to regulations of label is prohibited." name of licensee name of regulating agency d. Such person shall comply with all instructions contained in such label as a condition of his continued exemption. e. Such person shall cause the device to be tested for leakage of byproduct material and proper operation of the on-off mechanism |