(A) Except as provided in paragraph (D) of this rule, each licensee shall notify the department as soon as possible, but not later than four hours after the discovery of an event that prevents immediate protective action necessary to avoid exposure to radiation or radioactive material that could exceed regulatory limits, or a release of licensed material that could exceed regulatory limits. An event that requires such an immediate report may include a fire, explosion, or toxic gas release.
(B) Each licensee shall notify the department within twenty-four hours after the discovery of any of the following events involving licensed material:
(1) An unplanned contamination event that involves:
(a) Access to the contaminated area, by workers or the public, to be restricted for more than twenty-four hours by imposing additional radiological controls or by prohibiting entry into the area;
(b) A quantity of material greater than five times the lowest annual limit on intake specified in the appendices to rule 3701:1-38-12 of the Administrative Code; and
(c) Access to the area restricted for a reason other than to allow radionuclides with a half-life of less than twenty-four hours to decay prior to decontamination.
(2) An event in which equipment is disabled or fails to function as designed when:
(a) The equipment is required by regulation or license condition to prevent a release exceeding regulatory limits, to prevent exposure to radiation or radioactive material exceeding regulatory limits, or to mitigate the consequences of an accident;
(b) The equipment is required to be available and operable when it is disabled or fails to function; and
(c) No redundant equipment is available and operable to perform the required safety function.
(3) An event that requires unplanned medical treatment of an individual with spreadable radioactive contamination on the individual's clothing or body.
(4) An unplanned fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material when:
(a) The quantity of material involved is greater than five times the lowest annual limit on intake specified in the appendices to rule 3701:1-38-12 of the Administrative Code; and
(b) The damage affects the integrity of the licensed material or its container.
(C) The licensee shall prepare and submit a report in response to the requirements of this rule as follows:
(1) Licensees shall make reports required by paragraphs (A) and (B) of this rule by telephone, to the department at the telephone number listed in the notice to employees required by paragraph (A)(1)(e) of rule 3701:1-38-10 of the Administrative Code. To the extent that the information is available at the time of notification, the information provided in these reports must include:
(a) The caller's name and call back telephone number;
(b) A description of the event, including date and time;
(c) The exact location of the event;
(d) The radionuclides, quantities, and chemical and physical form of the licensed material involved; and
(e) Any personnel radiation exposure data available.
(2) Each licensee who makes a report required by paragraph (A) or (B) of this rule shall submit a written follow-up report within thirty days of the initial report. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the report contains all of the necessary information and the appropriate distribution is made. These written reports shall be sent to the department in the manner specified in rule 3701:1-40-04 of the Administrative Code. The report must include the following:
(a) A description of the event, including the probable cause and the manufacturer and model number, if applicable, of any equipment that failed or malfunctioned;
(b) The exact location of the event;
(c) The radionuclides, quantities, and chemical and physical form of the licensed material involved;
(d) Date and time of the event;
(e) Corrective actions taken or planned and the results of any evaluations or assessments; and
(f) The extent of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.
(D) This rule applies to all licensees possessing material licensed under rule 3701:1-38-02 of the Administrative Code. This rule does not apply to material under a license subject to the notification requirements in 10 C.F.R. 50.72, as published in the January 1, 2013, Code of Federal Regulations.
(E) An applicant for a license or a licensee shall notify the department within two working days of information identified by the applicant or licensee as having for the regulated activity, an active adverse impact on equipment or personnel readily obvious by human observation or instrumentation, or a radiological impact on personnel or the environment in excess of regulatory limits. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the director of information that the applicant or licensee has or should have identified.
Five Year Review (FYR) Dates: 04/09/2015 and 04/01/2020
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 7/22/2001, 8/15/05, 10/4/10