Part 850: Violations

• 850.10 Introduction
• 850.20 Categories of Violations
• 850.30 Penalties
• 850.40 Response to a Violation
• 850.50 Repeat or Multiple Violations
• 850.60 Appeal of a Violation or Penalty

850.10 Introduction

Failure to abide by the requirements of this radiation safety manual, by the statements in an authorized user's application to use radioactive materials or radiation-producing equipment, or by the requirements set forth by the Radiation Safety Committee or radiation safety officer shall be considered a violation.

850.20 Categories of Violations

There are three levels of violations, Level One violations being the least severe and Level Three violations being the most severe. The radiation safety officer will report all violations to the Radiation Safety Committee and the committee will determine the level of violation.

1. Level One Violation - A Level One violation is one defined as not endangering a person, facility or the environment. This type of violation is usually reserved for failure to comply with recordkeeping and other paperwork requirements.
2. Level Two Violation - A Level Two violation is one defined as possibly endangering a person, facility or the environment. Examples of this type of violation include, but are not limited to, the following:
1. Failure to follow proper radioactive waste disposal procedures.
2. Failure to follow proper transportation procedures for radioactive materials.
3. Failure to perform and/or document contamination surveys.
4. Using radioactive materials or radiation-producing equipment in a manner that has not been approved of by the Radiation Safety Committee.
5. Failure to obtain personal dosimeters when required.
6. Obtaining radioactive materials or radiation-producing equipment without being authorized by the Radiation Safety Committee or in a manner not approved by the radiation safety officer.
3. Level Three Violation - A Level Three violation is one defined as endangering a person, facility or the environment. Examples of this type of violation include, but are not limited to, the following:
1. Failure to report an accident or incident as required.
2. Failure to clean a contaminated area as required.
3. Failure to provide and/or use personal protective equipment when handling radioactive materials or using radiation-producing equipment.
4. Failure to provide and/or use appropriate facilities or equipment when handling or storing radioactive materials.

850.30 Penalties

1. The Radiation Safety Committee may impose penalties in response to a violation(s) based on the severity of the violation(s). These may include, but are not limited to, the following:
1. Requiring increased recordkeeping or surveying.
2. Requiring additional radiation safety training.
3. Deny certain individuals authorization to use radioactive materials or radiation-producing equipment.
4. Restricting the use of radioactive materials or radiation-producing equipment.
5. Revoking a radioactive materials or radiation-producing equipment authorization.

850.40 Response to a Violation

The authorized user will receive a written Notice of Violation from the Radiation Safety Committee reporting the item(s) that is in noncompliance, their level of violation and associated penalty, and action that must be taken to resolve the violation. The authorized user shall have thirty days from receipt of the notice to respond in writing to the Radiation Safety Committee describing the following:

1. Why the violation occurred;
2. What action was taken to investigate the violation;
3. What is being done to ensure compliance; and
4. Documentation that the violation was corrected.

A copy of the Notice of Violation will also be sent to the department chair and college dean.

Failure to properly respond to the Notice of Violation will require the authorized user to appear before the Radiation Safety Committee and explain why he/she did not reply within the allotted thirty days. Failure to properly respond to a Notice of Violation will be considered a violation and may result in additional penalties.

850.50 Repeat or Multiple Violations

Recurrence of the same violation within a one year period or multiple violations may result in the violation(s) being considered as a higher level violation and allow the Radiation Safety Committee to impose stricter penalties.

850.60 Appeal of a Violation or Penalty

An individual may request the Radiation Safety Committee to further review a violation and/or penalty received by that individual. The request must be in writing and explain why the violation and/or penalty may be in error or explain possible other mitigating circumstances. Any decision made by the committee on an appeal will be final.