Chapter DHS 157

DHS 157.87(5)(L) (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.

DHS 157.87(5)(m) (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.

DHS 157.87(6) (6) Bomb detection radiographic equipment. In addition to the requirements of sub. (1), all of the following requirements apply to bomb detection radiographic equipment:

DHS 157.87(6)(a) (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).

DHS 157.87(6)(b) (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.

DHS 157.87(6)(c) (c) Area control. The registrant shall provide security to prevent entry by individuals from any point when the machine is energized during training.

DHS 157.87(7) (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:

DHS 157.87(7)(a) (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.

DHS 157.87(7)(b) (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.

DHS 157.87(7)(c) (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).

DHS 157.87(7)(d) (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:

DHS 157.87(7)(d)1. 1. Used only when the additional radiation is required to create the image.

DHS 157.87(7)(d)2. 2. Not used routinely on individuals.

DHS 157.87(7)(e) (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.

DHS 157.87(7)(f) (f) Vehicle limitations.

DHS 157.87(7)(f)1. 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).

DHS 157.87(7)(f)2. 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.

DHS 157.87(7)(f)3. 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.

DHS 157.87(8) (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:

DHS 157.87(8)(a) (a) That the use of the radiation generating device will not result in undue hazard to public health and safety or property.

DHS 157.87(8)(b) (b) That compliance would require replacement or substantial modification of the radiation generating device.

DHS 157.87(8)(c) (c) That the registrant will achieve, through other means, radiation protection equivalent to that required by the regulation.

DHS 157.87(8)(d) (d) Why the regulatory standard or requirement could not be met.

DHS 157.87 History 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.

subch. X of ch. DHS 157 Subchapter X — Notices, Instructions and Reports to Workers

DHS 157.88 DHS 157.88 Posting, notification and reporting requirements.

DHS 157.88(1) (1) Posting of notices to workers.

DHS 157.88(1)(a) (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:

DHS 157.88(1)(a)1. 1. This subchapter and subch. III.

DHS 157.88(1)(a)2. 2. The license, conditions or documents incorporated into the license by reference and license amendments.

DHS 157.88(1)(a)3. 3. The operating procedures applicable to activities under the license or registration.

DHS 157.88(1)(a)4. 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.

DHS 157.88(1)(a)5. 5. The certificate of registration.

DHS 157.88(1)(a)6. 6. Emergency procedures that apply to activities conducted under the license or registration.

DHS 157.88(1)(a)7. 7. A “Notice to Employees” form that details the types of information that employers must give to their employees and department contact information.

DHS 157.88 Note 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.

DHS 157.88(1)(b) (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.

DHS 157.88(1)(c) (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.

DHS 157.88(1)(d) (d) Documents, notices and forms posted under par. (a) shall be replaced within 10 days if defaced or altered.

DHS 157.88(2) (2) Instructions to workers.

DHS 157.88(2)(a) (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:

DHS 157.88(2)(a)1. 1. The proper storage, transfer and use of sources of radiation in the licensee’s or registrant’s workplace.

DHS 157.88(2)(a)2. 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.

DHS 157.88(2)(a)3. 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.

DHS 157.88(2)(a)4. 4. How to respond in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive material.

DHS 157.88(2)(a)5. 5. Radiation exposure reports provided to workers under sub. (3).

DHS 157.88(2)(b) (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.

DHS 157.88(2)(c) (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.

DHS 157.88(3) (3) Notifications and reports to individuals.

DHS 157.88(3)(a) (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:

DHS 157.88(3)(a)1. 1. Name of the licensee or registrant, the name of the individual and the individual’s identification number.

DHS 157.88(3)(a)2. 2. Results of any measurements, analyses and calculations of radioactive material deposited or retained in the body of the individual being monitored.

DHS 157.88(3)(a)3. 3. Any order issued under this chapter.

DHS 157.88(3)(a)4. 4. Any condition of the license or registration as shown in records maintained by the licensee or registrant under s. DHS 157.31 (7) that relates to radiation exposure of employees.

DHS 157.88(3)(a)5. 5. Each calendar quarter in which the worker’s activities involved exposure to sources of radiation and the dates and locations of work. If a report under this paragraph is being provided to employees under par. (b), the report shall include the calendar quarter within which the employee terminates employment or requests a report under this subsection.

DHS 157.88(3)(a)6. 6. The radiation exposure report for each year the worker was required to be monitored under s. DHS 157.25 (2).

DHS 157.88(3)(a)7. 7. The statement: “This report is furnished to you under the provisions of Wisconsin Administrative Code, Chapter DHS 157, Radiation Protection. You should retain this report for future reference.”

DHS 157.88(3)(b) (b) Reports to employees upon request. A licensee or registrant shall provide an employee with the report required under par. (a) within 30 days of receiving a written request from the employee, or within 30 days after the dose of the individual has been determined by the licensee or registrant, whichever is later.

DHS 157.88(3)(c) (c) Reports to the department. A licensee or registrant required to provide a report under s. DHS 157.32 (2) to (4) shall, on the same day, provide a copy of the report to the subject of the report.

DHS 157.88(3)(d) (d) Exposure request at time of termination. At the request of a licensee’s or registrant’s employee or of a worker employed by another person but working in a licensee’s or registrant’s facility, a licensee or registrant shall, upon a worker’s termination, provide to the worker, or to the worker’s designee, a written report of the radiation dose received by that worker from operations of the licensee or registrant during the current calendar quarter or fraction thereof. If the most recent individual monitoring results are not available at that time, a licensee or registrant shall provide a written estimate of the dose, clearly indicating that it is an estimate.

DHS 157.88(3)(e) (e) Documentation required to be maintained. Documentation that a report was provided as required under this subsection shall be maintained by the licensee or registrant for 3 years after generation of the documentation.

DHS 157.88 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (3) (a) 5., r. (3) (b), renum. (3) (c) to (f) to be (3) (b) to (e) Register October 2006 No. 610, eff. 11-1-06; CR 09-062: am. (3) (a) (intro.) Register April 2010 No. 652, eff. 5-1-10.

subch. XI of ch. DHS 157 Subchapter XI — Inspection by the Department

DHS 157.89 DHS 157.89 Inspection requirements.

DHS 157.89(1) (1) Access by department inspectors. The department may inspect a licensee’s or registrant materials, machines, devices, activities, facilities, premises and records under this chapter at any reasonable time.

DHS 157.89(2) (2) Presence of representatives of licensee or registrant during inspection.

DHS 157.89(2)(a) (a) A licensee, registrant or designee may accompany department inspectors during an inspection.

DHS 157.89(2)(b) (b) If, at the time of inspection, an individual has been authorized by the workers to represent them during department inspections, a licensee or registrant shall notify the inspectors of that authorization and shall permit the workers’ representative to accompany the inspectors during the inspection of physical working conditions.

DHS 157.89(2)(c) (c) Each workers’ representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in s. DHS 157.88 (2).

DHS 157.89(2)(d) (d) Different representatives of a licensee or registrant or workers may accompany the department’s inspectors during different phases of an inspection if there is no interference with the conduct of the inspection, but only one workers’ representative at a time may accompany the inspectors.

DHS 157.89(2)(e) (e) With the approval of a licensee or registrant and the workers’ representative, an individual who is not routinely engaged in work under control of the licensee or registrant, such as a consultant to the licensee or registrant or to the workers’ representative, may accompany department inspectors during the inspection of physical working conditions.

DHS 157.89(2)(f) (f) Department inspectors may refuse to permit any individual who deliberately interferes with a fair and orderly inspection to accompany them on the inspection. An individual may accompany an inspector in areas containing information classified by an agency of the U.S. government in the interest of national security only if the individual is authorized to do so by the licensee or registrant. The workers’ representative may enter an area containing proprietary information only if the representative has been previously authorized by the licensee or registrant to enter that area.

DHS 157.89(3) (3) Consultation with workers during inspections.

DHS 157.89(3)(a) (a) Department inspectors may consult privately with workers to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.

DHS 157.89(3)(b) (b) Consultation with a worker under par. (a) may be written or oral and concern any past or present condition that the worker believes contributed to, caused or may cause a violation of ss. 254.31 to 254.45, Stats., this chapter or a condition of the license, or any unnecessary exposure of an individual to sources of radiation under the licensee’s or registrant’s control. Written information received by inspectors under this paragraph shall comply with the requirements of sub. (4).

DHS 157.89(4) (4) Request by workers for an inspection.

DHS 157.89(4)(a) (a) A worker or workers’ representative who believes that a violation of ss. 254.31 to 254.45, Stats., this chapter or a condition of a license exists or has occurred may request an inspection by the department. The request shall be in writing, set forth the reasons for the request and be signed by the worker or workers’ representative. The department shall provide a copy of the request to the licensee or registrant at the time of inspection granted under sub. (5). Upon request of the worker giving notice, the department shall remove from the licensee’s or registrant’s copy of the request the worker or workers’ representative’s name and the names of other individuals.

DHS 157.89(4)(b) (b) No licensee, registrant, contractor or subcontractor of a licensee or registrant may discharge or in any manner discriminate against any worker or workers’ representative because the worker or workers’ representative has filed a complaint under this subsection or instituted or caused to be instituted a proceeding under this chapter or has testified or is about to testify in any proceeding under this chapter, or because of the exercise by the worker on behalf of himself or herself or others of any right established under this subchapter.

DHS 157.89 Note Note: Requests may be made in writing to: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.

DHS 157.89(5) (5) Inspection warranted. If after reviewing a request submitted under sub. (4), the department determines it is probable an alleged violation has occurred, the department shall conduct an inspection as soon as is practicable. An inspection under this subsection need not be limited to an allegation set forth in a request under sub. (4).

DHS 157.89(6) (6) Inspection not warranted.

DHS 157.89(6)(a) (a) If after reviewing a request submitted under sub. (4), the department decides not to conduct an inspection, the department shall notify the worker or workers’ representative in writing of that determination.

DHS 157.89(6)(b) (b) A worker or workers’ representative may request a review of a decision under par. (a) by submitting a written request for review and statement of position to the department. The department shall send by certified mail to the licensee or registrant a copy of the statement of position received by the department under this paragraph.

DHS 157.89(6)(c) (c) The licensee or registrant may submit to the department a written response to a statement of position submitted under par. (b). The department shall send by certified mail to the worker or workers’ representative a copy of the response received by the department under this paragraph.

DHS 157.89(6)(d) (d) Upon the request of the worker or workers’ representative or the licensee or registrant, the department may hold an informal conference in which the worker or the workers’ representative and the licensee or registrant may orally present their views on the reason for the initial request for inspection. Disclosure of the identity of the worker or the workers’ representative may be made only following receipt of written authorization from the worker or the workers’ representative. After considering all written and oral views presented, the department shall affirm, modify or reverse the original determination and furnish the worker or the workers’ representative and the licensee or registrant a written notice of the decision and the reason for the decision.

DHS 157.89 Note Note: Requests may be made in writing to: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.

DHS 157.89 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

subch. XII of ch. DHS 157 Subchapter XII — Enforcement

DHS 157.90 DHS 157.90 Violation and penalty criteria.