Chapter DHS 157

DHS 157.22(5) (5) Determination of prior occupational dose.

DHS 157.22(5)(a) (a) For each individual who may enter a licensee’s or registrant’s restricted area and is likely to receive, in a year, an occupational dose requiring monitoring under s. DHS 157.25 (2), a licensee or registrant shall determine the occupational radiation dose received during the current year.

DHS 157.22(5)(b) (b) Before an individual may participate in a planned special exposure, a licensee or registrant shall determine all of the following:

DHS 157.22(5)(b)1. 1. The internal and external doses from all previous planned special exposures.

DHS 157.22(5)(b)2. 2. All doses in excess of the limits, including doses received during accidents and emergencies, received during the lifetime of the individual.

DHS 157.22(5)(c) (c) In complying with the requirements of par. (a), a licensee or registrant may use either of the following means:

DHS 157.22(5)(c)1. 1. Accept, as a record of the occupational dose that the individual received during the current year, a written signed statement from the individual, or from the individual’s most recent employer for work involving radiation exposure, that discloses the nature and the amount of any occupational dose that the individual received during the current year.

DHS 157.22(5)(c)2. 2. Obtain, by telephone, facsimile, electronic media or letter, reports of the individual’s dose equivalent from the most recent employer for work involving radiation exposure, or the individual’s current employer, if the individual is not employed by the licensee or registrant. A licensee or registrant shall request a written verification of the dose data if the authenticity of the transmitted report cannot be established.

DHS 157.22(5)(d) (d)

DHS 157.22(5)(d)1. 1. A licensee or registrant shall record the exposure history, as required by par. (a), on an occupational radiation exposure form provided by the department, or other clear and legible record of all the information required on that form. The form or record shall show each period in which the individual received occupational exposure to radiation or radioactive material and shall be signed by the individual who received the exposure. For each period for which a licensee or registrant obtains reports, a licensee or registrant shall use the dose shown in the report in preparing the occupational radiation exposure form or equivalent. For any period in which a licensee or registrant does not obtain a report, a licensee or registrant shall place a notation on the occupational radiation exposure form or equivalent indicating the periods of time for which data are not available.

DHS 157.22 Note Note: An occupational radiation exposure history form may be obtained by writing to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659; or by downloading the form from the Department website at: http://dhs.wisconsin.gov/radiation/Index.htm.

DHS 157.22(5)(d)2. 2. A licensee or registrant is not required to partition historical dose between external dose equivalents and internal committed dose equivalents. Further, occupational exposure histories obtained and recorded on the department’s occupational radiation exposure form or equivalent before the effective date of August 1, 2002, may not have included effective dose equivalent, but may be used in the absence of specific information on the intake of radionuclides by the individual.

DHS 157.22(5)(e) (e) If a licensee or registrant is unable to obtain a complete record of an individual’s current and previously accumulated occupational dose, a licensee or registrant shall assume all the following:

DHS 157.22(5)(e)1. 1. In establishing administrative controls under sub. (1) (f) for the current year, that the allowable dose limit for the individual is reduced by 12.5 mSv (1.25 rem) for each quarter for which records were unavailable and the individual was engaged in activities that could have resulted in occupational radiation exposure.

DHS 157.22(5)(e)2. 2. That the individual is not available for planned special exposures.

DHS 157.22(5)(f) (f) A licensee or registrant shall retain the records on the department’s occupational radiation exposure form or equivalent until the department terminates each pertinent license or registration requiring this record. A licensee or registrant shall retain records used in preparing the occupational radiation exposure form or equivalent for 3 years after the record is made.

DHS 157.22 Note Note: The Department’s occupational radiation exposure history form may be obtained by writing to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659; or by downloading the form from the Department website at: http://dhs.wisconsin.gov/radiation/Index.htm.

DHS 157.22(6) (6) Planned special exposures. A licensee or registrant may authorize an adult worker to receive doses in addition to and accounted for separately from the doses received under the limits specified in sub. (1) provided that each of the following conditions is satisfied:

DHS 157.22(6)(a) (a) A licensee or registrant authorizes a planned special exposure only in an exceptional situation when alternatives that might avoid the dose estimated to result from the planned special exposure are unavailable or impractical.

DHS 157.22(6)(b) (b) A licensee or registrant and employer, if the employer is not the licensee or registrant, specifically authorizes the planned special exposure, in writing, before the exposure occurs.

DHS 157.22(6)(c) (c) Before a planned special exposure, a licensee or registrant ensures that each individual involved has been informed and instructed in all the following:

DHS 157.22(6)(c)1. 1. The purpose of the planned operation.

DHS 157.22(6)(c)2. 2. The estimated doses and associated potential risks and specific radiation levels or other conditions that might be involved in performing the task.

DHS 157.22(6)(c)3. 3. The measures to be taken to keep the dose ALARA considering other risks that may be present.

DHS 157.22(6)(d) (d) Prior to permitting an individual to participate in a planned special exposure, a licensee or registrant ascertains prior doses as required by sub. (5) (b) during the lifetime of the individual for each individual involved.

DHS 157.22(6)(e) (e) Subject to sub. (1) (b), a licensee or registrant may not authorize a planned special exposure that would cause an individual to receive a dose from all planned special exposures and all doses in excess of any of the following limits:

DHS 157.22(6)(e)1. 1. The numerical values of any of the dose limits in sub. (1) (a) in any year.

DHS 157.22(6)(e)2. 2. Five times the annual dose limits in sub. (1) (a) during the individual’s lifetime.

DHS 157.22(6)(f) (f) A licensee or registrant maintains records of the conduct of a planned special exposure under s. DHS 157.31 (6) and submits a written report under s. DHS 157.32 (4).

DHS 157.22(6)(g) (g) A licensee or registrant records the best estimate of the dose resulting from the planned special exposure in the individual’s record and informs the individual, in writing, of the dose within 30 days from the date of the planned special exposure. The dose from planned special exposures may not be considered in controlling future occupational dose of the individual under sub. (1) (a) but shall be included in evaluations required by pars. (d) and (e).

DHS 157.22(7) (7) Occupational dose limit for a minor.

DHS 157.22(7)(a) (a) The annual occupational dose limit for a minor is 10% of the annual occupational dose limits specified for adult workers in sub. (1).

DHS 157.22(7)(b) (b) A minor may not work in an area where the minor could receive a deep dose equivalent in excess of .02 mSv (2 mrem) in any one hour unless authorized in writing by the department.

DHS 157.22(8) (8) Dose equivalent to an embryo or fetus.

DHS 157.22(8)(a) (a) A licensee or registrant shall ensure that the dose equivalent to an embryo or fetus during the entire pregnancy, due to occupational exposure of a declared pregnant woman, does not exceed 5 mSv (500 mrem).

DHS 157.22 Note Note: See DHS 157.31 (7) for record keeping requirements.

DHS 157.22(8)(b) (b) A licensee or registrant shall make efforts to avoid substantial variation above a uniform monthly exposure rate to a declared pregnant woman so as to satisfy the limit in par. (a).

DHS 157.22 Note Note: The National Council on Radiation Protection and Measurements recommended in NCRP Report No. 91, “Recommendations on Limits for Exposure to Ionizing Radiation,” June, 1, 1987, that no more than 0.5 mSv (50 mrem) to the embryo or fetus be received in any one month.

DHS 157.22(8)(c) (c) The dose equivalent to an embryo or fetus is the sum of all of the following:

DHS 157.22(8)(c)1. 1. The deep dose equivalent to the declared pregnant women.

DHS 157.22(8)(c)2. 2. The dose equivalent to the embryo or fetus resulting from radionuclides in the embryo or fetus and radionuclides in the declared pregnant woman.

DHS 157.22(8)(d) (d) If the dose equivalent to the embryo or fetus is found to have exceeded 5 mSv (500 mrem), or is within 0.5 mSv (50 mrem) of this dose, by the time the woman declares the pregnancy to a licensee or registrant, a licensee or registrant shall be deemed to be in compliance with par. (a) if the additional dose equivalent to the embryo or fetus does not exceed 0.5 mSv (50 mrem) during the remainder of the pregnancy.

DHS 157.22 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (1) (a) 2. (intro.), b., and (8) (c) (intro.), r. and recr. (1) (c) 1., Register October 2006 No. 610, eff. 11-1-06; CR 09-062: am. (1) (c) 1. Register April 2010 No. 652, eff. 5-1-10; CR 16-078: am. (4) (h) 2., (5) (d) 1. Register January 2018 No. 745, eff. 2-1-18; correction in (1) (d), (4) (h) 2. made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.23 DHS 157.23 Radiation dose limits for individual members of the public.

DHS 157.23(1) (1) Dose limits for individual members of the public.

DHS 157.23(1)(a) (a) A licensee or registrant shall conduct operations to meet all of the following:

DHS 157.23(1)(a)1. 1. The total effective dose equivalent to individual members of the public from the licensed or registered operation may not exceed one mSv (100 mrem) in a year, exclusive of the dose contribution from background radiation, medical radiation exposure, exposure to individuals administered radioactive material and released in accordance with s. DHS 157.62 (8), voluntary participation in medical research programs and the licensee’s or registrant’s disposal of radioactive material into sanitary sewerage under s. DHS 157.30 (3). Facilities with radiation machines installed prior to the effective date of August 1, 2002, that meet the requirements of 5 mSv (500 mrem) in a year are exempt from this requirement.

DHS 157.23(1)(a)2. 2. The dose in any unrestricted area from external sources does not exceed 0.02 mSv (2 mrem) in any one hour, exclusive of the dose contributions from patients administered radioactive material and released in accordance with s. DHS 157.62 (8).

DHS 157.23(1)(b) (b) If a licensee or registrant permits members of the public to have access to controlled areas, the limits under par. (a) 1. for members of the public continue to apply to those individuals.

DHS 157.23(1)(c) (c) A licensee or a registrant or an applicant for a license or registration may apply for prior department authorization to operate up to an annual dose limit for an individual member of the public of 5 mSv (500 mrem). The application shall include all the following information:

DHS 157.23(1)(c)1. 1. Demonstration of the need for and the expected duration of operations exceeding the limit in par. (a).

DHS 157.23(1)(c)2. 2. A licensee’s or registrant’s program to assess and control dose within the 5 mSv (500 mrem) annual limit.

DHS 157.23(1)(c)3. 3. The procedures to be followed to maintain the dose ALARA.

DHS 157.23(1)(d) (d) In addition to the requirements of this section, a licensee or registrant subject to the provisions of the U.S. environmental protection agency’s generally applicable environmental radiation standards in 40 CFR 190 shall comply with those standards.

DHS 157.23(1)(e) (e) The department may impose additional restrictions on radiation levels in unrestricted areas and on the total quantity of radionuclides that a licensee or registrant may release in effluents to restrict the collective dose.

DHS 157.23(1)(f) (f) A licensee or registrant may permit visitors to individuals who cannot be released under s. DHS 157.62 (8). A visitor may receive a radiation dose greater than one mSv (100 mrem) if both of the following conditions are met:

DHS 157.23(1)(f)1. 1. The radiation dose received by the visitor does not exceed 5 mSv (0.5 rem).

DHS 157.23(1)(f)2. 2. The authorized user has predetermined that the visit is appropriate.

DHS 157.23(2) (2) Compliance with dose limits for individual members of the public.

DHS 157.23(2)(a) (a) A licensee or registrant shall make or cause to be made, as appropriate, surveys of radiation levels in unrestricted and controlled areas and radioactive materials in effluents released to unrestricted and controlled areas to demonstrate compliance with the dose limits for individual members of the public in sub. (1).

DHS 157.23(2)(b) (b) A licensee or registrant shall show compliance with the annual dose limit in sub. (1) by either of the following means:

DHS 157.23(2)(b)1. 1. Demonstrating by measurement or calculation that the total effective dose equivalent to the individual likely to receive the highest dose from the licensed or registered operation does not exceed the annual dose limit.

DHS 157.23(2)(b)2. 2. Demonstrating both of the following:

DHS 157.23(2)(b)2.a. a. The annual average concentrations of radioactive material released in gaseous and liquid effluents at the boundary of the unrestricted area do not exceed the values specified in Table II of ch. DHS 157 Appendix E.

DHS 157.23(2)(b)2.b. b. If an individual were continuously present in an unrestricted area, the dose from external sources would not exceed 0.02 mSv (2 mrem) in an hour and 0.5 mSv (50 mrem) in a year.

DHS 157.23(2)(c) (c) Upon approval from the department, a licensee or registrant may adjust the effluent concentration values in Table II of ch. DHS 157 Appendix E for members of the public to take into account the actual physical and chemical characteristics of the effluents, such as aerosol size distribution, solubility, density and chemical form.

DHS 157.23 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; correction in (2) (b) 2. a., (c) made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.24 DHS 157.24 Testing for leakage or contamination of sealed sources.

DHS 157.24(1) (1) General requirements. A licensee or registrant in possession of any sealed source shall ensure that all of the following requirements are met:

DHS 157.24(1)(a) (a) Each sealed source, other than hydrogen-3, with a half-life of 30 days or more and in any form other than gas or seeds of iridium-192 encased in nylon ribbon, shall be tested for leakage or contamination as follows:

DHS 157.24(1)(a)1. 1. Prior to initial use.

DHS 157.24(1)(a)2. 2. Unless otherwise authorized by the department, the NRC or another agreement state, at intervals not to exceed 6 months, except that each source designed to emit alpha particles shall be tested at intervals not to exceed 3 months.

DHS 157.24(1)(a)3. 3. At any time there is reason to suspect that a sealed source might have been damaged or might be leaking, it shall be tested for leakage before further use.

DHS 157.24(1)(a)4. 4. In the absence of a certificate from a transferor indicating that a test for leakage has been made within 6 months prior to the transfer, the sealed source may not be put into use until tested and the results received.

DHS 157.24(1)(b) (b) Each source meeting the criteria under par. (a) not in use and identified as being in storage shall meet all the following conditions:

DHS 157.24(1)(b)1. 1. Sources other than brachytherapy or teletherapy sources shall be tested for leakage at intervals not to exceed 5 years.

DHS 157.24(1)(b)2. 2. Sources shall be tested for leakage and test results received prior any use or transfer, unless a test for leakage has been made within 6 months prior to the date of use or transfer.

DHS 157.24(1)(b)3. 3. Sources in storage shall be inventoried at intervals not to exceed 6 months.

DHS 157.24(1)(c) (c) Tests for leakage for all sealed sources, except brachytherapy sources manufactured to contain radium, shall be capable of detecting the presence of 185 Bq (0.005 mCi) of radioactive material on a test sample. Test samples shall be taken from the sealed source or from the surfaces of the container in which the sealed source is stored or mounted on which one might expect contamination to accumulate. For a sealed source contained in a device, test samples shall be obtained when the source is in the “off” position.

DHS 157.24(1)(d) (d) Tests for leakage for brachytherapy sources manufactured to contain radium shall be capable of detecting an absolute leakage rate of 37 Bq (0.001 mCi) of radon-222 in a 24 hour period when the collection efficiency for radon-222 and its progeny has been determined with respect to collection method, volume and time.

DHS 157.24(1)(e) (e) Test samples shall be taken from the interior surfaces of the container in which sealed sources of radium are stored. The test shall be capable of detecting the presence of 185 Bq (0.005 mCi) of a radium daughter that has a half-life greater than 4 days.

DHS 157.24(2) (2) Exemptions. Notwithstanding the requirements in sub. (1), any sealed source is exempt from tests for leakage when the sealed source contains 3.7 MBq (100 mCi) or less of beta- or gamma-emitting material or 0.37 MBq (10 mCi) or less of alpha-emitting material.

DHS 157.24(3) (3) Authorization to conduct testing. Tests for leakage or contamination from sealed sources shall be performed by persons specifically authorized by the department, an agreement state, a licensing state or the NRC to perform the services.

DHS 157.24(4) (4) Records. Records of test results for sealed sources shall be made under s. DHS 157.31 (4).

DHS 157.24(5) (5) Leakage criteria. Any of the following shall be considered evidence that a sealed source is leaking:

DHS 157.24(5)(a) (a) The presence of 185 Bq (0.005 mCi) or more of removable contamination on any test sample.

DHS 157.24(5)(b) (b) Leakage of 37 Bq (0.001 mCi) of radon-222 per 24 hours for sources manufactured to contain radium.

DHS 157.24(5)(c) (c) The presence of removable contamination resulting from the decay of 185 Bq (0.005 mCi) or more of radium.

DHS 157.24(6) (6) Action required due to a leaking source. A licensee or registrant shall immediately withdraw a leaking sealed source from use and shall take action to prevent the spread of contamination. The leaking sealed source shall be repaired or disposed of under the requirements of this chapter.