Chapter DHS 157

DHS 157.26(2)(a) (a) In addition to the requirements in sub. (1), a licensee or registrant shall institute measures to ensure that an individual is not able to gain unauthorized or inadvertent access to areas in which radiation levels could be encountered at 5 Gy (500 rad) or more in one hour at one meter from a source of radiation or any surface through which the radiation penetrates. This requirement does not apply to rooms or areas in which diagnostic x-ray systems are the only source of radiation or to non-self-shielded irradiators.

DHS 157.26(2)(b) (b) A licensee or registrant is not required to control entrance or access to rooms or other areas containing sources of radiation capable of producing a very high radiation area as described in par. (a) if the licensee or registrant has met all the specific requirements for access and control specified in other applicable parts of this chapter, such as subch. IV for industrial radiography and subch. VIII for x-rays in the healing arts and accelerators.

DHS 157.26 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.27 DHS 157.27 Respiratory protection and controls to restrict internal exposure in restricted areas.

DHS 157.27(1) (1) Use of process or other engineering controls. A licensee or registrant shall use, to the extent practical, process or other engineering controls, such as containment, decontamination or ventilation, to control the concentrations of radioactive material in air.

DHS 157.27(2) (2) Use of other controls.

DHS 157.27(2)(a) (a) When it is not practical to apply process or other engineering controls to control the concentrations of radioactive material in air to values below those that define an airborne radioactivity area, a licensee or registrant shall increase monitoring and limit intakes by one or more of the following means:

DHS 157.27(2)(a)1. 1. Control of access.

DHS 157.27(2)(a)2. 2. Limitation of exposure times.

DHS 157.27(2)(a)3. 3. Use of respiratory protection equipment.

DHS 157.27(2)(a)4. 4. Other controls.

DHS 157.27(2)(b) (b) If a licensee or registrant performs an ALARA analysis to determine whether or not respirators should be used, a licensee or registrant may also consider the impact of respirator use on workers’ industrial health and safety.

DHS 157.27(3) (3) Use of individual respiratory protection equipment.

DHS 157.27(3)(a) (a) If a licensee or registrant uses respiratory protection equipment to limit intakes under sub. (2), all of the following criteria shall apply:

DHS 157.27(3)(a)1. 1. Except as provided in subd. 2., a licensee or registrant shall use only respiratory protection equipment that is tested and certified by the U.S. national institute for occupational safety and health.

DHS 157.27(3)(a)2. 2. A licensee or registrant may use equipment that has not been tested or certified by the U.S. national institute for occupational safety or for which there is no schedule for testing or certification, provided the licensee or registrant has submitted to the department and the department has approved a request for authorized use of that equipment. The request shall include documentation of a demonstration by testing, or a demonstration on the basis of test information, that the material and performance characteristics of the equipment are capable of providing the proposed degree of protection under anticipated conditions of use.

DHS 157.27(3)(a)3. 3. A licensee or registrant shall implement and maintain a respiratory protection program that includes all of the following:

DHS 157.27(3)(a)3.a. a. Air sampling sufficient to identify the potential hazard, permit proper equipment selection and estimate doses.

DHS 157.27(3)(a)3.b. b. Surveys and bioassays, as necessary, to evaluate actual intakes.

DHS 157.27(3)(a)3.c. c. Testing of respirators for operability immediately prior to each use.

DHS 157.27(3)(a)4. 4. A licensee or registrant shall have written procedures regarding all of the following:

DHS 157.27(3)(a)4.a. a. Monitoring, including air sampling and bioassays.

DHS 157.27(3)(a)4.b. b. Supervision and training of respirator users.

DHS 157.27(3)(a)4.c. c. Fit testing.

DHS 157.27(3)(a)4.d. d. Respirator selection.

DHS 157.27(3)(a)4.e. e. Breathing air quality.

DHS 157.27(3)(a)4.f. f. Inventory and control.

DHS 157.27(3)(a)4.g. g. Storage, issuance, maintenance, repair, testing and quality assurance of respiratory protection equipment.

DHS 157.27(3)(a)4.h. h. Record keeping of all items in this subd. par.

DHS 157.27(3)(a)4.i. i. Limitations on periods of respirator use and relief from respirator use.

DHS 157.27(3)(a)5. 5. Prior to initial fitting of respirators, and at least every 12 months thereafter, a physician shall determine that the individual user is physically able to use the respiratory protection equipment.

DHS 157.27(3)(a)6. 6. Fit testing, with a fit factor >/= 10 times the assigned protection factor for negative pressure devices, and a fit factor >/= 500 for any positive pressure, continuous flow, and pressure-demand devices, before the first field use of tight fitting, face-sealing respirators and periodically thereafter at a frequency not to exceed one year. Fit testing shall be performed with the facepiece operating in the negative pressure mode.

DHS 157.27(3)(b) (b) A licensee shall advise each respirator user that the user may leave the area at any time for relief from respirator use in the event of equipment malfunction, physical or psychological distress, procedural or communication failure, significant deterioration of operating conditions, or any other conditions that might require such relief.

DHS 157.27(3)(c) (c) A licensee shall also consider limitations appropriate to the type and mode of use. When selecting respiratory devices the licensee shall provide for vision correction, adequate communication, low temperature work environments, and the concurrent use of other safety or radiological protection equipment. The licensee shall use equipment in such a way as not to interfere with the proper operation of the respirator.

DHS 157.27(3)(d) (d) Standby rescue persons are required whenever one-piece atmosphere-supplying suits, or any combination of supplied air respiratory protection device and personnel protective equipment are used from which an unaided individual would have difficulty extricating himself or herself. The standby persons shall be equipped with respiratory protection devices or other apparatus appropriate for the potential hazards. The standby rescue persons shall observe or otherwise maintain continuous communication with the workers via visual, voice, signal line, telephone, radio, or other suitable means, and be immediately available to assist them in case of a failure of the air supply or for any other reason that requires relief from distress. A sufficient number of standby rescue persons shall be immediately available to assist all users of this type of equipment and to provide effective emergency rescue if needed.

DHS 157.27 Note Note: Examples of means of continuous communication are visual, voice, signal line, telephone, radio or other suitable means.

DHS 157.27(3)(e) (e) Atmosphere-supplying respirators shall be supplied with respirable air that meets the following requirements:

DHS 157.27(3)(e)1. 1. Oxygen content of 19.5-23.5 percent.

DHS 157.27(3)(e)2. 2. Condensed hydrocarbon content of 5 milligrams per cubic meter of air or less.

DHS 157.27(3)(e)3. 3. Carbon monoxide content of 10 ppm or less.

DHS 157.27(3)(e)4. 4. Carbon dioxide content of 1,000 ppm or less.

DHS 157.27(3)(e)5. 5. Lack of noticeable odor.

DHS 157.27(3)(f) (f) A licensee or registrant shall ensure that no objects, materials or substances, such as facial hair, or any conditions that interfere with the face to facepiece seal or valve function, and that are under the control of the respirator wearer, are present between the skin of the wearer’s face and the sealing surface of a tight-fitting respirator facepiece.

DHS 157.27(3)(g) (g) In estimating the dose to individuals from intake of airborne radioactive materials, the concentration of radioactive material in the air that is inhaled when respirators are worn is initially assumed to be the ambient concentration in air without respiratory protection, divided by the assigned protection factor. If the dose is later found to be greater than the estimated dose, the corrected value must be used. If the dose is later found to be less than the estimated dose, the corrected value may be used.

DHS 157.27(4) (4) Application for use of higher assigned protection factors.

DHS 157.27(4)(a) (a) A licensee or registrant shall obtain authorization from the department before using assigned protection factors in excess of those specified in ch. DHS 157 Appendix D.

DHS 157.27(4)(b) (b) The department may authorize a licensee or registrant to use higher assigned protection factors on receipt of an application that meets the following criteria:

DHS 157.27(4)(b)1. 1. Describes the situation for which a need exists for higher protection factors.

DHS 157.27(4)(b)2. 2. Demonstrates that the respiratory protection equipment provides these higher protection factors under the proposed conditions of use.

DHS 157.27 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; correction in (4) (a) made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.28 DHS 157.28 Storage and control of licensed or registered sources of radiation.

DHS 157.28(1) (1) Security and control of licensed or registered radioactive material.

DHS 157.28(1)(a) (a) Security of stored radioactive material. A licensee or registrant shall secure licensed or registered radioactive material that is stored in an unrestricted area from unauthorized removal or access.

DHS 157.28(1)(b) (b) Control of radioactive material not in storage. A licensee or registrant shall maintain constant surveillance, or use devices or administrative procedures, to prevent unauthorized use of licensed or registered radioactive material that is in an unrestricted area and that is not in storage.

DHS 157.28(2) (2) Security and control of registered radiation machines.

DHS 157.28(2)(a) (a) A registrant shall secure registered radiation machines from unauthorized removal.

DHS 157.28(2)(b) (b) A registrant shall use devices or administrative procedures to prevent unauthorized use of registered radiation machines.

DHS 157.28 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (1) (a) Register October 2006 No. 610, eff. 11-1-06.

DHS 157.29 DHS 157.29 Precautionary procedures.

DHS 157.29(1) (1) Caution signs.

DHS 157.29(1)(a) (a) Standard radiation symbol. Unless otherwise authorized by the department, the standard radiation symbol shall use the colors magenta, purple or black on a yellow background and shall be the 3-bladed design depicted in Figure DHS 157.29.

Figure DHS 157.29. Radiation Symbol

DHS 157.29(1)(a)1. 1. Cross-hatched area is to be magenta, purple or black.

DHS 157.29(1)(a)2. 2. The background is to be yellow.

DHS 157.29(1)(b) (b) Exception to color requirements for standard radiation symbol. Notwithstanding the requirements of par. (a), a licensee or registrant is authorized to label sources, source holders or device components containing sources of radiation that are subjected to high temperatures with conspicuously etched or stamped radiation caution symbols and without a color requirement.

DHS 157.29(1)(c) (c) Additional information on signs and labels. In addition to the contents of signs and labels prescribed in this section, a licensee or registrant may provide, on or near the required signs and labels, additional information, as appropriate, to make individuals aware of potential radiation exposures and to minimize the exposures.

DHS 157.29(2) (2) Posting requirements.

DHS 157.29(2)(a) (a) Posting of radiation areas. A licensee or registrant shall post a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, RADIATION AREA” in each radiation area.

DHS 157.29(2)(b) (b) Posting of high radiation areas. A licensee or registrant shall post a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, HIGH RADIATION AREA” or “DANGER, HIGH RADIATION AREA” in each high radiation area.

DHS 157.29(2)(c) (c) Posting of very high radiation areas. A licensee or registrant shall post a conspicuous sign or signs bearing the radiation symbol and the words “EXTREME DANGER, VERY HIGH RADIATION AREA” or “GRAVE DANGER, VERY HIGH RADIATION AREA” in each very high radiation area.

DHS 157.29(2)(d) (d) Posting of airborne radioactivity areas. A licensee or registrant shall post a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, AIRBORNE RADIOACTIVITY AREA” or “DANGER, AIRBORNE RADIOACTIVITY AREA” in each airborne radioactivity area.

DHS 157.29(2)(e) (e) Posting of areas or rooms in which licensed or registered material is used or stored. A licensee or registrant shall post a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL(S)” or “DANGER, RADIOACTIVE MATERIAL(S)” in each area or room in which there is used or stored an amount of licensed or registered material exceeding 10 times the quantity of the material specified in ch. DHS 157 Appendix F.

DHS 157.29(3) (3) Exceptions to posting requirements.

DHS 157.29(3)(a) (a) A licensee or registrant is not required to post caution signs in areas or rooms containing sources of radiation for periods of less than 8 hours if all of the following conditions are met:

DHS 157.29(3)(a)1. 1. The sources of radiation are constantly attended during these periods by an individual who takes the precautions necessary to prevent the exposure of individuals to sources of radiation in excess of the limits established in this subchapter.

DHS 157.29(3)(a)2. 2. The area or room is subject to the licensee’s or registrant’s control.

DHS 157.29(3)(b) (b) Rooms or other areas in hospitals that are occupied by patients are not required to be posted with caution signs under sub. (2) provided that the requirements of s. DHS 157.64 (2) (a) or 157.65 (4) (a) are met.

DHS 157.29(3)(c) (c) Rooms or other areas in hospitals that are occupied by patients are not required to be posted with caution signs, provided that no member of the public could receive a deep dose equivalent in excess of 5 mSv (500 mrem) from entering the room during the patient’s stay.

DHS 157.29(3)(d) (d) A room or area is not required to be posted with a caution sign because of the presence of a sealed source provided the radiation level at 30 centimeters from the surface of the sealed source container or housing does not exceed 0.05 mSv (5 mrem) per hour.

DHS 157.29(3)(e) (e) A room or area is not required to be posted with a caution sign because of the presence of radiation machines used solely for diagnosis in the healing arts.

DHS 157.29(4) (4) Labeling containers and radiation machines.

DHS 157.29(4)(a) (a) A licensee or registrant shall ensure that each container of licensed or registered material bears a durable, clearly visible label bearing the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL.” The label shall also provide information, such as the radionuclides present, an estimate of the quantity of radioactivity, the date for which the activity is estimated, radiation levels, kinds of materials and mass enrichment, to permit individuals handling or using the containers or working in the vicinity of the containers to take precautions to avoid or minimize exposures.

DHS 157.29 Note Note: Mass enrichment is a process used to increase the percentage of the isotope U-235 present in refined uranium. The amount of U-235 present is expressed in percent enrichment on the label.

DHS 157.29(4)(b) (b) A licensee or registrant shall, prior to removal or disposal of empty uncontaminated containers to unrestricted areas, remove or deface the radioactive material label or otherwise clearly indicate that the container no longer contains radioactive materials.

DHS 157.29(4)(c) (c) A registrant shall ensure that each radiation machine is conspicuously labeled cautioning individuals that radiation is produced when it is energized.

DHS 157.29(5) (5) Exemptions to labeling requirements. A licensee or registrant is not required to label any of the following:

DHS 157.29(5)(a) (a) Containers holding licensed or registered material in quantities less than the quantities listed in ch. DHS 157 Appendix F.

DHS 157.29(5)(b) (b) Containers holding licensed or registered material in concentrations less than those specified in Table III of ch. DHS 157 Appendix E.