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10 CFR Part 19

19.1 Purpose. (Simran)


CFR part 19 includes requirements for those that are performing work that is under the jurisdiction of the
NRC. The NRC will facilitate the process of maintaining compliance with the Atomic energy act of
1954. This part also includes the rights and of workers being interviewed during inspections as well as the
commission conducting the interview.
19.2 Scope. (Simran)
This section goes over whom these regulations apply. Anyone that receives, transfers, produces, uses, or
ships NRC licensed materials are subject to these regulations. Additionally, those that are licensed within
a construction zone using these materials are also included along with those who have submitted approval
or certification for a design. Furthermore, the regulations pertaining to interviews include all NRC
investigations other than those involving NRC workers
19.3 Definitions. (Erika)
Act – the Atomic Energy Act of 1954 and its amendments
Commission – United Staes Nuclear Regulatory Commission (NRC)
Exclusion – removal of a counsel when they would obstruct an investigation as determined by an
interview with an NRC official
License – Licenses issued to manufacture, construct, and operate a facility within guidelines
Regulated Activities – an activity under the jurisdiction of the NRC or the Atomic Energy Act
Regulated entities – any person, organization, or corporation that fall under NRC jurisdiction
Restricted area – an area with access limited to licensees. This protects individuals from undue risk of
exposure to radiation.
Sequestration – separation or isolation of witnesses and attorneys from other witnesses and attorneys
during an investigation
Worker – an individual who does activities under the NRC jurisdiction
19.4 Interpretations. (Erika)
No other interpretation of CFR 19 is recognized or authorized except for what is written by the General
Counsel. Officers and employees are not allowed to interpret this document, and only the current
document is binding.
19.5 Communications. (Erika)
All communication regarding the regulations should be addressed with the Regional Administrator of the
US Nuclear Regulatory Commision Regional Office. The offices are listed in Appendix D of the chapter.
19.8 Information collection requirements: OMB approval. (Keegan)
The NRC must submit information collection requirements to the Office of Management and Budget
(OMB) for approval due to laws put in by the Paperwork Reduction Act. The OMB is the business
division of the Executive Office of the President that administers the US federal budget and oversees the
performance of federal agencies. The NRC is not allowed to sponsor a collection of information unless it
displays a currently valid OMB control number, meaning they submitted it for review to the OMB.
Furthermore, a person is not required to respond to information presented to them by the NRC unless it
displays a valid OMB control number. The approved information collection requirements contained in
Part 19 appear in 19.12, 19.13, 19.16 and 19.31.
19.11 Posting of notices to workers. (Jeremy)
Licensees shall supply current copies of regulations in CF 10 part 19 and part 20, license, license
conditions, producers applicable to licensed activities, and any violation involved with radiologic working
conditions or proposed imposition of civil penalty. Applicants for standard design shall post regulations
of 10 CF part 19, operating procedures applicable to NRC regulation, and any violations or proposed
imposition of civil penalty. Applicants for standard design shall post NRC form 3 “Notice to Employees”.
Documents posted should include a sufficient number of places to permit individuals to observe them.
Finally, commission documents posted under paragraph a4 or b3 of this section should be posted within 2
working days of receipt.
19.12 Instruction to workers. (Jeremy)
For occupational workers likely to receive 100 mrem (1mSv) in a year should be informed on proper
handling, storage, and transfer of radiation or radioactive material. They should be informed of protective
measures, precautions, and procedures to minimize exposure. They should be instructed on their
responsibility for reporting an incident that may lead to or cause a violation of the Commission regulation
as well as observe the applicable provisions of the Commission regulations for protecting the personnel
from radiation or radioactive material. They should be informed on how to appropriately respond to
unusual events or malfunctioning devices as it pertains to radiation and radioactive material. Finally,
licensees must take into consideration the nature of assigned tasks when it relates to normal and abnormal
interaction with radiation or radioactive material and the worker.
19.13 Notifications and reports to individuals. (Jeremy)
Individuals will have radiation exposure data including measurements, analyses, and calculations reported
to them in writing and include the appropriate data such as licensee, individual’s name and social security
number. Each licensee will provide workers a maintained record of dose information for a monitoring
year if it is reported or if their occupational dose exceeds 1 mSv (100mrem). The report must be furnished
within 30 days from the request or within 30 days after exposure to the individual. The licensee shall also
provide the individual report on his or her exposure data included in the report to the Commission.
Finally, a written report will be issued for terminated individuals involved in exposure to radiation or
radioactive material upon request.
19.14 Presence of representatives of licensees and regulated entities, and workers during inspections.
(Tara)
The commission must have reasonable accommodations made so they are able to inspect all items
included in the application. The commission can privately interview any employee and accompany any
employee to view the working conditions of the area. A representative of the workers’ may be part of the
inspection and oversee the process if they are not a hinderance to the inspection.
19.15 Consultation with workers during inspections. (Ali)
Regarding situations of occupational radiation, commission inspectors can privately consult with workers
in order to investigate a situation fully. Workers can mention any past or present situations that may have
been in violation.
19.16 Requests by workers for inspections. (Milen)
If a violation of the act, violation of regulations, or violation of an applicable license occurs in regard to
radiological working conditions, any worker may request an inspection. The request can be made by
giving notice of the violation to the Administrator of Commission Regional office or Commission
Inspectors. The inspection request must be a written notice that states the specifics of the violation, and it
must include the signature of the worker. Once a notice is submitted, a copy is given to the licensee by the
Regional Office Administrator or Inspector on or before the date of the inspection. If the Regional Office
Administrator determines there is good reason to believe the alleged violation occurred, an inspection will
be made as soon as possible.
19.17 Inspections not warranted; informal review. (Milen)
If a complaint has been filed under 19.16 but it has been determined by the Regional Office Administrator
that there are no grounds to believe such a violation has occurred, they must notify the complainant in
writing. A review of the determination can be obtained by the complainant by submitting a written
statement of position to the Executive Director for Operations at the U.S. Nuclear Regulatory
Commission (NRC). Hand delivery, mail or electronic submission are all accepted. The licensee will be
provided with a copy of the statement, with the name of the complainant omitted if requested. The
licensee has the option to submit an opposing written statement of position. If requested by the
complainant or licensee, an informal conference may be held so that both parties can present their views.
The complainant has the option not to disclose their identity. Executive Director for Operations will
affirm, modify or reverse the original determination of the Regional Office, and will notify complainant
and licensee in writing of the final decision and reason.
19.18 Sequestration of witnesses and exclusion of counsel in interviews conducted under subpoena. (Ali)

All witnesses can be sequestered if there is a subpoena. Witnesses can be advised by counsel unless found
to have conflicting interests.

 In the event the counsel is found to have conflicting interests, a written statement with the reason
must be provided 5 days after exclusion. The witness has the right to appeal against the decision
within 5 days of the written statement. The witness will still be represented by the counsel until a
decision of the appeal is made by the Commission.
 If the counsel is excluded and the witness does not appeal the decision, interviews may proceed
without counsel or be delayed (pending new counsel) per the witness’s decision. A new interview
date will be determined by the NRC but cannot be scheduled during the 5 days after receipt of the
exclusion, so the witness has time to find new counsel, if needed. An earlier interview date can
only occur if the witness gives consent.
19.20 Employee protection. (Josh)
Employers associated with any regulated entity cannot discriminate against employees for reporting
violations or unlawful practices. Employees are protected from workplace discrimination when reporting
violations by themselves or their employers or testifying about violations during investigation
proceedings, in court, or before Congress.
19.30 Violations. (Josh)
A court order or injunction can be issued to prevent violations from occurring in regard to the Atomic
Energy Act of 1954, Title II of the Energy Reorganization Act of 1974, or other regulations in place that
are related to these two acts. A court order can also be issued under the Atomic Energy Act for payment
of a civil penalty in response to violations of the Atomic Energy Act of 1954, section 206 of the Energy
Reorganization Act, or any other rules or regulations put in place in relation to these acts.
19.31 Application for exemptions. (Tara)
The commission has the power to excuse anyone from the requirements of this document once an
application has been received from said party, or by the commission's own judgement if no property or
personal injury will result.
19.32 Discrimination prohibited. (Katelyn)
A person can’t be denied participation in, a license, or the benefit of any program that is under the scope
of the NRC under the Atomic Energy Act of 1954 or under the Energy Reorganization Act of 1974 due to
their sex, race, or other discriminations that are included under the Civil Rights Act of 1964.
19.40 Criminal penalties. (Katelyn)
Criminal sanctions for violation of any of the regulations issued in the Act are provided through Section
223 of the Atomic Energy Act of 1954. This includes willful violation, attempted violation and
conspiracy to violate these regulations.

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