10 CFR, Part 19 – Notices, Instructions and Reports to Workers: Inspection and

Investigation
Section 19.1: Purpose
Andrew Edel
First, Part 19 establishes what information that NRC-licensed organization needs to maintain and
make available both to workers and the NRC itself. It outlines rights of workers to the protection
of inspected work places that meet regulations. Finally, it establishes methods that are
appropriate for verifying compliance with regulations.1

Section 19.2: Scope

Andrew Edel
This section lists and describes to whom the regulations pertain. First, this includes anyone who
has contact with NRC licensed material, operating a machine that requires a license, and a person
licensed to have spent reactor fuel.1 Essentially this is a list of people who might possibly be
exposed to excess ionizing radiation. Second, this includes anyone who is an applicant for a
license listed above. Third, this includes people associated with the design and construction of
infrastructure requiring NRC certification. Finally, this includes anyone involved in an
investigations or inspections.

Section 19.3: Definitions-includes definitions to terms used in part 19 of Title 10 of the NRC
Regulations:
Maddisen Fain

 Act: Atomic Energy Act of 1954

 Commission: United States Nuclear Regulatory Commission.
 Exclusion: Removing the counsel that represents multiple interests from interviews
conducted by NRC officials. These counsel are removed when the NRC official that
conducts the interview has evidence that the counsel being present could hinder the
investigation or inspection taking place.
 License: A license issued under the regulations in parts 30-36, 39, 40, 60, 61, 63, 70, 72;
including licenses to build or run a production facility or a facility that uses such products
in parts 50, 52, or 54
  Licensee: Someone who holds a license as mentioned above.
 Regulated activities: Activities that take place under the jurisdiction of the NRC under
the Atomic Energy Act of 1954 or the Energy Reorganization Act of 1972.
 Regulated entities: Any being (including an individual, organization, or corporation) that
is subject to the NRC’s regulatory jurisdiction. Includes subjects mentioned in part 52:
standard design certifications (subpart B), and those who are applying for or are current
holders of a standard design approval (subpart E).
 Restricted area: An area that the licensee has limited access to so individuals are
protected from unnecessary risks from exposure radiation/radioactive materials. These
areas don’t include those used as living areas, but there may be separate rooms in a
building that are set apart as a restricted area.
 Sequestration: Keeping witnesses and their attorneys separated and away from other
witnesses and their attorneys during an interview that takes place as part of an
investigation, inspection, or injury.
 Worker: A person who is involved in activities that are licensed or regulated by the
commission, as well as controlled by a person who holds a license or is a regulated entity
of the commission. Workers cannot be the individual who holds the license or is the
regulated entity.

Section 19.4: Interpretations

Maddisen Fain

 Written interpretations of the meanings of the regulations in part 19 will be recognized as

binding upon the Commission only when they are written by the General Counsel.

Section 19.5: Communications

Brittany Butler
This section states that all communications and reports should be addressed to the Regional
Administrator at the appropriate Regional office.1 The list of offices can be found in Appendix
D of part 20. The exception to this is if the addressee is specified elsewhere. In person,
communications, applications and reports should be delivered to One White Flint North 11555
Rockville pike, Rockville, Maryland.
Section 19.8: Information Collection Requirements
Brittany Butler
A collection of information must display a valid Office of Management and Business (OMB)
control number.1 The OMB approval is required for the Nuclear Regulatory Commission (NRC)
to conduct, sponsor, and be required to respond to, any collection of information. This is in
accordance with the paperwork reduction act. This information collection approval requirements
are in section 19.13 & 19.16.

Sections 19.11: Posting of notices to workers and 19.12: Instruction to workers

Amy Cate
Sections 19.11 and 19.12 address the required notifications and instructions to radiation workers.
Operational licenses of each worker should remain current and be posted in a public space.
Operating processes should be accessible for any licensed procedures. Violations should be
posted within 2 working days of document receipt and must remain posted for 5 working days or
until the correction of documented violation. Easy access is required to any and all notices that
provide regulated activities guidelines. Section 19.12 requires that all individuals who may
receive and occupational dose of 100 mrem or more in a year to be informed of proper storage,
transfer and used of radioactive material including proper protection against exposure. In
addition, all workers must be monitored for exposure and any malfunctioning equipment should
be reported immediately.1

Sections 19.13: Notifications and reports to individuals

Sean Ferguson
This section specifies that worker must be made aware and receive reports on the level of
exposure to radiation that they receive. The reports must be in writing and have a few specific
details that must be included such as:

Name of Licensee

Name of the individual

Social Security Number of the individual

The individual’s exposure information

The report must also include the statement - This report is furnished to you under the provisions
of the Nuclear Regulatory Commission regulation 10 CFR part 19. You should preserve this
report for further reference.

The licensee must provide an annual report to the individual if the individual receives a dose
greater than 1mSv (100mRem) Total effective dose equivalent TEDE or 1mSv to any organ or if
the workers requests the information.

Individuals also must be provided with reports from former employers (licensees) for every year
that they were monitored and must receive the information within 30 days of requesting. Dates
and locations must be included.

If a licensee is required to report exposure to the NRC, the worker must receive a report of the
exposure.

Finally, if a worker terminates employment, the worker must receive a report of dose exposure
for the fraction of the year that they were monitored.

Sections 19.14: Presence of representatives of licensees and regulated entities and workers
during inspections
Sean Ferguson
This section specifies who may be present at the time of an inspection and the restrictions that
may be placed on those individuals. This is broken up into several groups, the licensee or
regulated entity, the worker, and representatives of the licensee or the worker. If there is a
representative for the worker, it must be made known to inspectors. Each of the groups is
allowed to be present throughout the inspection except:

The Commission has the right to privately consult with workers and the commission has the right
to refuse anyone who deliberately interferes with a fair inspection.

For inspections, the commission must be given reasonable time.

Sections 19.15- 19.17, (Mary Davis) entitled Consultation with workers during
inspections,Requests by workers for inspections, and Inspections not warranted; informal
review, the NRC provides opportunity for workers to expose any violations or any unnecessary
exposure of an individual to radiation from licensed radioactive material under the licensee's
control, and will maintain the workers’s confidentiality, unless there is written authorization
given to disclose it.

Opportunities to disclose violations of radiological working conditions by workers can occur in

the following ways:

 Workers can consult privately with the commission inspector, orally or in writing, during
an inspection by the NRC.
 Workers can request an inspection in writing, by giving notice of the alleged violation to
the Administrator of the appropriate Commission Regional Office, or to Commission
inspectors. (The request must be signed by the worker, but confidentiality will be
maintained even when a copy of the request is provided to the licensee.)

What happens following a complaint?

 An inspection will be made as soon as practicable.

 If an inspection is not warranted, the complainant will be notified in writing.
o The review can be obtained by submitting a written request to the U.S. Nuclear
Regulatory Commission.
 The licensee may submit an opposing written statement of position.
 An informal conference may be held in which both sides orally present their views.
o If it is at the request of the licensee, the identity of the complainant will be
maintained unless written authorization has been given.

Section 19.18: Sequestration of witnesses and exclusion of counsel in interviews conducted

under subpoena
Savannah Coleman
Discusses sequestration of witnesses and exclusion of counsel in interviews conducted under
subpoena.1 It states that all witnesses compelled by subpoena shall be kept sequestered unless an
official permits otherwise. It also discusses the allowance and exclusion of counsel for witnesses.
Witnesses may have council unless the agency has concrete evidence that said council may
impede the investigation. In that case, the agency may prohibit counsel from being present. The
agency is required to then provide a statement informing them of the exclusion, explaining the
basis for the exclusion, and advising them of their right to appeal. A witness may appeal within
five days of receipt of notification. The interview can then either proceed without counsel or be
delayed for the retention of new counsel.

Section19.20: Employee Protection

Savannah Coleman
states that employment discrimination, by the entities listed, against employees for engaging in
protected activities is prohibited.1 Protected activities are listed in parts 30, 40, 50, 52, 54, 60, 61,
63, 70, 72, 76, or 150 of this chapter.

Section 19.30: Violations

Joanne Carda
This section outlines what violations are cause for the Nuclear Regulatory Commission to obtain
an injunction or court order to avoid such violations. These include violations of the amended
Atomic Energy Act of 1954 and the amended Energy Reorganization Act of 1974 among others.
Under this section it is also allowable for the commission to obtain a court order for payment of
penalties or revocation of a license as dictated by the Atomic Energy Act. 1

Section19.31: Application for Exceptions

Joanne Carda
This section simply states that the commission may grant exemptions from requirements
or regulations so long as the exemptions will not result in any unwarranted hazards.

Section 19.32: Discrimination Prohibited

Teri Burrier
states that sexual discrimination is prohibited and that no person shall be excluded from
participation, denied a license, or denied the benefits of a license.1This includes all programs or
activities under jurisdiction of the NRC or any title of the Energy Reorganization Act of
1974. Part 19.32 is enforced through agency provisions and regulations similar to those that are
already in place for racial discrimination under Title VI of the Civil Rights Act of
1964.1Furthermore, no legal remedies will be taken away from those who have been
discriminated upon.1

Section 19.40: Criminal Penalties

Teri Burrier
discusses criminal penalties and is divided into parts, a and b. Part a refers to Section 223 of the
Atomic Energy Act of 1954 and provides for criminal sanctions for anyone who willful violates,
attempts to violate, or conspires to violate any regulation issued under sections 161b, 161i, or
161o of the Act, which are the sections responsible for issuing all regulations for Part 19 except
those found under part b.1 Part b simply lists the regulations in part 19 that are not issued under
sections 161b, 161i, or 161o. These sections include: 19.1, 19.2, 19.3, 19.4, 19.5, 19.8, 19.16,
19.17, 19.18, 19.30, 19.31, and 19.40.1

1. The United States Nuclear Regulatory Committee. Part 19—Notices, instructions and
reports to workers: inspection and investigations. The United States Nuclear Regulatory
Committee Web Site. https://www.nrc.gov/reading-rm/doc-collections/cfr/part019/full-
text.html#part019-0001 Last updated June 4, 2016. Accessed July 13, 2018.