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OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
February 23, 1998
Mr. William J. Luksis
9801 Washingtonian Blvd.
Gaithersburg, MD 20878
Dear Mr. Luksis:
This is in response to your letter of January 23, 1998, addressed to the Occupational Safety and Health Administration (OSHA), in which you requested a clarification of the Ionizing Radiation Standard (29 CFR 1910.1096 and 1926.53), and its requirements for maintaining occupational radiation exposure records.
In your letter, you referenced the U.S. Nuclear Regulatory Commission's (NRC) regulations as found in 10 CFR Part 20, which provide that the NRC licensee is responsible for maintaining radiation exposure records. Therefore, you believe that the contractors working for the NRC licensee would not be required to duplicate the recordkeeping effort for the exposed employee(s).
In accordance with OSHA requirements at 29 CFR 1910.1096(p)(1) "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 Nuclear Regulatory Commission and in accordance with the requirements of 10 CFR part 20 shall be deemed to be in compliance with the requirements of this section with respect to such possession and use."
The NRC's regulations at 10 CFR 20.2106(a) ("each licensee shall maintain records of doses received by all individuals for whom monitoring was required pursuant to §20.1502, and records of doses received during planned special exposures, accidents, and emergency conditions") meets the requirements set forth in 29 CFR 1910.1096(n)(1) ("every employer shall maintain records of the radiation exposure of all employees for whom personal monitoring is required under paragraph (d) of this section and advises each of his employees of his individual exposure on at least an annual basis").
Therefore, if the licensee is complying to the aforementioned requirements of 10 CFR 20, duplication of occupational exposure records is not required.
I appreciate the opportunity to clarify this matter for you, If you gave any questions please contact Rex Tingle at (202) 219-8036.
John B. Miles Jr.
Directorate of Compliance