| (III) the cause of the elevated exposures, dose rates;
and
(IV) corrective steps taken or planned to ensure against
a recurrence, including the schedule for achieving conformance with
applicable limits, and associated registration conditions.
(iii) Each report filed in accordance with clause (i)
of this subparagraph shall include, for each individual exposed, the
name, a unique identification number, and date of birth. With respect
to the limit for the embryo/fetus in subsection (j)(3)(A)(i)(IV) and
(V) of this section, the identifiers should be those of the declared
pregnant woman. The report shall be prepared so that this information
is stated in a separate and detachable portion of the report.
(D) Reports to individuals of exposures.
(i) If applicable, radiation exposure data for an individual
shall be reported to the individual as specified in this paragraph.
The information reported shall include data and results obtained in
accordance with requirements of this section, orders, certificate
of registration conditions, as shown in records made and maintained
by the registrant in accordance with this subsection. Each notification
and report shall:
(I) be in writing;
(II) include appropriate identifying data such as the
name of the registrant, the name of the individual, and the individual's
identification number;
(III) include the individual's exposure information;
and
(IV) contain the following statement: "This report
is furnished to you under the provisions of the Texas Regulations
for Control of Radiation, 25 Texas Administrative Code §289.232(j)(3)(A)
- (C). You should preserve this report for further reference."
(ii) If applicable, each registrant shall provide an
annual written report to advise each worker of the worker's estimated
dose, received in that monitoring year, as shown in records made and
maintained by the registrant in accordance with subparagraph (C) of
this paragraph if:
(I) the individual's occupational dose exceeds 100
mrem (1 mSv) total effective dose equivalent or 100 mrem (1 mSv) to
any individual organ or tissue; or
(II) the individual requests his or her annual dose
report in writing.
(iii) When a registrant is required in accordance with
subparagraphs (B) and (C) of this paragraph to report to the agency
any exposure of an identified occupationally exposed individual, or
an identified member of the public, to radiation, the registrant shall
also notify the individual and provide the individual with a copy
of the report submitted to the agency, including the information required
by clause (i) of this subparagraph. Such reports shall be transmitted
no later than the transmittal to the agency.
(l) Compliance and hearing procedures.
(1) Inspections. The agency may enter public or private
property at reasonable times to determine whether, in a matter under
the agency's jurisdiction, there is compliance with the Act, the requirements
of this section, certificate of registration conditions, and orders
issued by the agency.
(A) Each registrant shall perform, upon instructions
from the agency, or shall permit the agency to perform such reasonable
surveys, as the agency deems appropriate or necessary, including,
but not limited to, surveys of:
(i) radiation machines;
(ii) facilities where radiation machines are used;
and
(iii) other radiation machines and devices used in
connection with utilization of radiation machines.
(B) The routine inspection interval for dental facilities
is four years. On-site inspections and remote inspections may be alternated
as determined by the agency. The inspection interval specified is
based upon the average number of health-related violations per inspection,
as determined from compliance history data. Registrant's having certificates
of registration authorizing multiple radiation machine use categories
will be inspected on-site at the most frequent interval specified
for the radiation machine uses authorized.
(i) Notwithstanding the inspection interval specified
in this subparagraph, the agency may inspect registrants more frequently
due to:
(I) the persistence or severity of violations found
during an inspection;
(II) investigation of an incident or complaint concerning
the facility;
(III) a request for an inspection by a worker in accordance
with paragraph (2) of this subsection;
(IV) any change in a facility or radiation machine
that might cause a significant increase in radiation output or hazard;
or
(V) a mutual agreement between the agency and registrant.
(ii) The agency will conduct inspections of dental
radiation machines in a manner designed to cause as little disruption
of a dental practice as is practicable.
(C) On-site Inspections.
(i) Each registrant shall afford to the agency at all
reasonable times opportunity to inspect materials, radiation machines,
activities, facilities, premises, and records in accordance with this
section.
(ii) During an inspection, agency inspectors may obtain
and retain paper or electronic copies of requested documentation in
accordance with this section.
(iii) Each registrant shall make available to the agency
for inspection records made and maintained in accordance with this
section.
(iv) Agency inspectors may consult privately with workers
concerning matters of occupational radiation protection and other
matters related to applicable provisions of agency regulations and
certificates of registration to the extent the inspectors deem necessary
for the conduct of an inspection.
(v) An employee who routinely is engaged in work under
control of the registrant, operating the radiation machines for healing
arts purposes, shall be made available to operate the radiation machines
at the time of the inspection and engage in the inspection process.
(vi) Notwithstanding the other provisions of this section,
agency inspectors are authorized to refuse to permit accompaniment
by any individual who interferes, delays, or causes to be delayed
an inspection.
(D) For remote inspection of dental radiation machines,
each registrant shall:
(i) respond to a request from the agency for a remote
inspection;
(ii) complete the remote inspection forms in accordance
with the instructions included with the forms; and
(iii) return to the agency the completed remote inspection
forms, including documentation of the most recent EPE performed in
accordance with subsection (j)(5)(J) of this section and an inventory
in accordance with subsection (i)(5)(I) of this section by the deadline
indicated on the forms.
(E) During the course of an inspection, any worker
may privately inform the inspectors, either verbally or in writing,
any past or present condition which that individual has reason to
believe may have contributed to or caused any violation of the Act,
the requirements in this section, certificate of registration conditions,
or any unnecessary exposure of an individual to radiation from any
radiation machine source of radiation under the registrant's control.
Any such notice in writing shall comply with the requirements of paragraph
(2) of this subsection.
(F) The provisions of subparagraph (E) of this paragraph
shall not be interpreted as authorization to disregard instructions
in accordance with subsection (j)(3)(D) of this section.
(2) Complaints. Any worker or representative of a worker
who believes that a violation of the Act, the requirements of this
section, or certificate of registration conditions exists or has occurred
in work under a certificate of registration with regard to radiological
working conditions in which the worker is engaged, may request an
inspection by giving notice of the alleged violation to the agency.
Any such notice shall be in writing, shall set forth the specific
grounds for the notice, and the worker or representative of the worker
shall sign the notice. A copy shall be provided to the registrant
by the agency no later than at the time of inspection except that,
upon the request of the worker giving such notice, the worker's name
and the name of individual referred to therein shall not appear in
such copy or on any record published, released, or made available
by the agency, except for good cause shown.
(A) If, upon receipt of such notice, the agency determines
that the request meets the requirements set forth in this paragraph,
and that there are reasonable grounds to believe that the alleged
violation exists or has occurred, an inspection shall be made as soon
as practicable to determine if such alleged violation exists or has
occurred. Inspections in accordance with this section need not be
limited to matters referred in the request.
Cont'd... |
