Wisconsin Legislature: DHS 157.87(5)(i)2.c.

7. Proper use of survey instruments and dosimetry.

8. The policies and procedures required by this subsection.

(k) Personnel monitoring. In addition to the requirements of s. DHS 157.25, extremity dosimetry shall be provided and used by all of the following:

1. Personnel working with or routinely working near and having potential for exposure to, the primary beam of an open-beam radiation generating device.

2. Personnel maintaining radiation generating devices if the maintenance procedures require the presence of a primary radiation beam when any local component in the radiation generating device is disassembled or removed.

(4) Additional requirements for open-beam, hand-held radiation generating devices. In addition to the requirements in subs. (1) and (3) the following applies to open-beam, hand-held radiation generating devices:

(a) Procedures. All registrants possessing open-beam, hand-held radiation generating device shall make their operating policies and procedures available for review by the department. Operating policies and procedures shall contain measures to ensure that all of the following occur:

1. Radiation protection is provided to meet public dose limits in s. DHS 157.23.

2. Radiation protection is provided equivalent to that afforded in sub. (3) (g).

3. The operator will not hold the sample during operation of the radiation generating device and the operator’s hands will not approach the primary beam.

4. The operator will not aim the primary beam at themselves or at any individual during operation of the radiation generating device.

5. Operator radiation exposure is as low as reasonably achievable, for example, by use of ancillary equipment that will reduce exposure.

(b) Training. In addition to the training requirements of subs. (1) (k) and (3) (j), the registrant shall provide training for all users and operators on the subjects in par. (a). Records shall be maintained of all user and operator training.

(c) Radiation emission limit. For hand-held radiation generating devices, the limits in subs. (1) (c) 2. and (d), excluding the primary beam, shall be met if the radiation emission at any accessible surface of the radiation generating device does not exceed 0.025 mSv (2.5 mrem) per hour at 5 cm.

(d) Extremity monitoring. For the purposes of the requirements sub. (3) (k) 1., operators of hand-held radiation generating devices shall be considered as working near the primary beam.

(5) Shielded room radiation generating devices. For radiation generating devices that do not meet the dose limits of s. DHS 157.25, the radiation generating device may be maintained inside a shielded room such that the exterior of the room meets the dose limits of s. DHS 157.25 when the radiation generating device is activated. Radiation generating devices in a shielded room shall meet the requirements in sub. (1) and the following:

(a) Posting. The door to the room containing the radiation generating device shall be posted “CAUTION – RADIATION AREA”, or “CAUTION – HIGH RADIATION AREA”, or “GRAVE DANGER – VERY HIGH RADIATION AREA”, as required by s. DHS 157.29 (2).

(b) Entrance interlocks. All entrances into the shielded room shall be provided with interlocks. After an interlock has been interrupted, broken, or tripped, it shall be possible to cause x-rays to be produced again only from the control panel. Interlocks shall not be used to shut off the x-ray equipment except in an emergency or during testing.

(c) Entrance warning devices. All entrances into the shielded room shall be equipped with a conspicuously visible warning device, which need not be flashing or rotating but which operates only when radiation is being produced. The warning device shall be labeled in accordance with sub. (1) (a).

(d) Room warning lights. The interior of the shielded room shall be provided with flashing or rotating warning lights that operate when, and only when, radiation is being produced. These lights shall be positioned so that they can be observed from any position or orientation within the room. The lights shall be posted indicating the meaning of the warning signal and instructions of actions to take when the light is lit. The posting shall be legible, conspicuous, and accessible to view.

(e) Audible room warning device. An audible warning signal within the room shall be actuated for at least 10 seconds immediately prior to the first initiation of radiation after the closing of any opening that can admit personnel. The registrant shall post the meaning of the warning signal and instructions of action to take when the alarm sounds. The posting shall be legible, conspicuous, and accessible to view.

(f) Emergency shut-off. If dose rates exceed the high radiation area limits in s. DHS 157.26, emergency shut-off switches shall be located within the high radiation areas so as to be accessible to individuals therein within 10 seconds. These switches and their mode of operation shall be identified by a conspicuously posted sign adjacent to the switch. The emergency shut-off switches shall include a manual reset that must be reset at the switch before x-rays are produced from the control panel. After an emergency shut-off switch has been activated, it shall only be possible to produce x-rays again from the control panel.

(g) Separate electrical systems. The interlock system and the emergency shut-off system shall be separate electrical and mechanical systems.

(h) Egress from shielded room. A person within the room housing a radiation generating device shall be able to egress at all times.

(i) Entry into the shielded room.

1. After each exposure and before entry of any personnel, a survey shall be performed upon entry to the shielded room to determine that the radiation generating device is no longer producing radiation.

2. Personnel devices providing an audible signal when activated by radiation shall be acceptable for the survey requirement of subd. 1. if all of the following conditions are met:

a. Personnel devices are to be checked daily for proper operation and a record of this check is maintained.

b. The personnel device is designed to clearly indicate entry into a 0.02 mSv (2 mrem) per hour or greater radiation field.

c. All personnel working with the radiation generating device are provided with a personnel device.

3. Stationary area monitors providing an audible signal when activated by radiation shall be acceptable for the survey requirement of subd. 1. if all of the following conditions are met:

a. Stationary detection devices are checked daily for proper operation and a record of this check is maintained.

b. The stationary device is designed to clearly indicate entry into a 0.02 mSv (2 mrem) per hour or greater radiation field.

c. Stationary area monitors are calibrated annually to determine that the audible signal operates at a 0.02 mSv (2 mrem) per hour radiation field.

(j) Personnel monitoring. All personnel associated with the x-ray equipment are provided with personnel monitoring devices that are calibrated for the x-ray energies being utilized. Records of personnel exposure are maintained.

(k) Training. No registrant shall permit any individual to operate a radiation generating device in a shielded room until the individual has received a copy of, instruction in, and demonstrated an understanding of, operating and emergency procedures for the unit and competence in its use. Records are maintained of all operator training.

(L) Control panel security. The equipment control panel is provided with a locking device to prevent unauthorized use. The locking device shall, when locked, prevent the production of radiation by the equipment.

(m) Malfunctions. If a safety or warning device malfunctions, the control panel shall be locked in the “off” position. The control panel shall not be used, except as may be necessary for repair or replacement of the malfunctioning safety or warning device, until the safety or warning device is functioning properly.

(6) Bomb detection radiographic equipment. In addition to the requirements of sub. (1), all of the following requirements apply to bomb detection radiographic equipment:

(a) Control panel security. When not in use, each bomb detection radiographic machine shall be locked to prevent unauthorized use. This is in addition to the requirements of sub. (1) (g).

(b) Utilization log. The registrant shall maintain for each bomb detection radiographic machine a utilization log. This log shall record the description of the unit, the date removed from storage, the date returned to storage, the identity and signature of the person to whom the device is assigned, the dates of use and the site of use.

(c) Area control. The registrant shall provide security to prevent entry by individuals from any point when the machine is energized during training.

(7) Radiation generating devices used in personnel security screening or vehicle screening for public protection. In addition to sub. (1), a registrant requesting department approval for a radiation generating device to be used in personnel security screening or vehicle screening with intended exposure of human occupants to the primary beam for public protection shall submit in writing all of the following information to the department for evaluation and approval, and show how the dose limits in this subsection will be met:

(a) Efficacy evaluation. An evaluation of all known alternate methods that could achieve the goals of the security screening program, and why these methods will not be used.

(b) Equipment evaluation. Radiation generating devices used for personnel security screening of humans shall be evaluated every 12 months by a qualified individual, such as the manufacture’s trained service engineer, for optimization of image quality and radiation dose.

(c) Dose limits for general-use systems. For screening systems where the system is used without regard to the number of individuals scanned or number of scans per individual in a year, an effective dose for a single complete screening shall be limited to 0.25 microSv (25 microrem).

(d) Dose limits for limited-use systems. For screening systems where equipment is capable of operation greater than 0.25 microSv (25 microrem) per screening, the effective dose per screening shall be less than or equal to 0.01 mSv (1 mrem). These systems shall only be use under the following conditions:

1. Used only when the additional radiation is required to create the image.

2. Not used routinely on individuals.

(e) Dose limits for repeat security screenings. Individuals subject to repeat security screening at a single facility shall not receive an effective dose greater than 0.25 mSv (25 mrem) in any one year at the registrant’s facility.

(f) Vehicle limitations.

1. When the procedures for operation of a mobile or fixed radiation generating device used for security screening of vehicles includes knowingly exposing human occupants to the primary beam when screening vehicles, structures or containers, the system shall be subject to the same requirements as general-use or limited-use systems as provided in pars. (a) to (e).

2. If the requirements in pars. (a) to (e) cannot be met, and if vehicle occupants are knowingly exposed to the primary beam of a security screening system, then there shall be means to assure the occupied portion of the vehicle is outside of the scan area while the primary beam is emitted, or procedures shall be established and implemented to assure that no occupants are present in the vehicle during screening.

3. The effective dose to an individual for a single inadvertent exposure to the primary beam shall not exceed one mSv (100 mrem). The reliability of the procedure used to assure that there are no occupants of a vehicle to be scanned shall be commensurate with the potential severity of an inadvertent exposure. If the one mSv (100 mrem) limit cannot be assured, a pre-screening with a mode or system which may meet the limits in pars. (c) to (e) shall be used to verify there are no occupants in the vehicle being examined.

(8) Application for exemptions. Any radiation generating device user or manufacturer that cannot meet the applicable requirements of this subchapter may submit to the department a request for an exemption to the specific requirement in question. The exemption request shall demonstrate to the department all of the following:

(a) That the use of the radiation generating device will not result in undue hazard to public health and safety or property.

(b) That compliance would require replacement or substantial modification of the radiation generating device.

(c) That the registrant will achieve, through other means, radiation protection equivalent to that required by the regulation.

(d) Why the regulatory standard or requirement could not be met.

History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 09-062: am. (2) (h) Register April 2010 No. 652, eff. 5-1-10; CR 16-078: am. (1) (intro.), r. and recr. (1) (a), cr. (1) (ag), (ar), am. (3) (b) 6., (4) (a), cr. (4) (c) to (e) Register January 2018 No. 745, eff. 2-1-18; CR 22-015: r. and recr. Register June 2023 No. 810, eff. 7-1-23; correction in (1) (e) 1. e., (5) (c), (7) (f) 3. made under s. 35.17, Stats., Register June 2023 No. 810.

Subchapter X — Notices, Instructions and Reports to Workers

DHS 157.88 Posting, notification and reporting requirements.

(1) Posting of notices to workers.

(a) Except as provided in par. (b), a licensee or registrant shall post current copies of all the following documents in a conspicuous location that is accessible to workers on the way to or from the worker’s work station or job location:

1. This subchapter and subch. III.

2. The license, conditions or documents incorporated into the license by reference and license amendments.

3. The operating procedures applicable to activities under the license or registration.

4. Any notice of violation, forfeiture assessment or order issued under s. 254.37 or 254.45, Stats., or this chapter and any response from the licensee or registrant until removal is authorized by the department.

5. The certificate of registration.

6. Emergency procedures that apply to activities conducted under the license or registration.

7. A “Notice to Employees” form that details the types of information that employers must give to their employees and department contact information.

Note: The “Notice to Employees” form may be obtained from the Department by writing: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659 or from the Department’s website: http://dhs.wisconsin.gov/radiation/Index.htm.

(b) If posting of the documents specified in par. (a) 1. to 3. is not physically practical, a licensee or registrant may post a summary of the documents that states where the full documents may be examined. The documents specified in par. (a) 4. to 7. shall be posted in their entirety.

(c) A document posted under par. (a) 4. shall be posted within 2 working days after receipt of the document from the department. A licensee’s or registrant’s response, if any, shall be posted within 2 working days after submitting the document to the department. The documents shall remain posted for a minimum of 5 working days or until the violation has been corrected, whichever is later.

(d) Documents, notices and forms posted under par. (a) shall be replaced within 10 days if defaced or altered.

(2) Instructions to workers.

(a) All individuals who in the course of employment are likely to receive an occupational dose in excess of one mSv (100 millirem) in a year shall be given all of the following information annually:

1. The proper storage, transfer and use of sources of radiation in the licensee’s or registrant’s workplace.

2. Health risks to the individual and potential offspring associated with exposure to radiation and radioactive material, precautions and procedures the individual should use in the workplace to protect themselves and minimize exposure to radiation and radioactive material, and the purposes and functions of protective devices.

3. A worker’s responsibility to report promptly to the licensee or registrant any condition which may constitute, lead to or cause a violation of ss. 254.31 to 254.45, Stats., this chapter or a condition of the license.

4. How to respond in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive material.

5. Radiation exposure reports provided to workers under sub. (3).

(b) The extent of the instructions provided under par. (a) shall be commensurate with potential radiological health protection problems present in the workplace and shall take into consideration assigned activities during normal and abnormal situations involving exposure to radiation or radioactive material that can be reasonably be expected to occur during the life of the licensee’s or registrant’s activities.

(c) Records of instructions to workers required by this subsection shall be maintained by the licensee or registrant until reviewed by the department or for 5 years.

(3) Notifications and reports to individuals.

(a) Radiation exposure reports. Every 12 months, a licensee or registrant shall provide a written report of radiation exposure to each employee who is required to be monitored for radiation exposure under s. DHS 157.25 (2) if the employee’s annual dose exceeds 1 mSv (100 mrem) TEDE or 1 mSv (100 mrem) to any individual organ or tissue. The report shall include all of the following:

1. Name of the licensee or registrant, the name of the individual and the individual’s identification number.

2. Results of any measurements, analyses and calculations of radioactive material deposited or retained in the body of the individual being monitored.

3. Any order issued under this chapter.