United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Question 371: 10 CFR 20.2104 (c) (1) states that a

licensee may accept, as a record of the occupational dose

that the individual received during the current year, a

written signed statement from the individual. If this was

done and the statement is false, would a resulting exposure

greater than 5 rem in the year be considered an

overexposure and a violation?

Answer: The exposure would be an "overexposure" (an

occupational dose in excess of the annual limit). However,

as indicated in the statement of considerations for the

revised Part 20 (56 FR 23384, first column) if the

individual deliberately falsifies the statement, the

licensee would not be penalized for a resulting

overexposure. Furthermore, the staff believes that the

licensee should not be penalized for false information

provided by the individual even if the falsification was

not deliberate. However, as indicated in Regulatory Guide

8.7, Rev. 1, although not required by the regulations, it

is considered good health physics practice to verify the

information on prior exposure provided by the individual.

Such verifications should reduce the likelihood of

overexposure resulting from false information on prior

exposures. If an individual deliberately provides false

information on the prior dose, that individual would be in

potential violation of the revised regulations covering the

"deliberate misconduct" (56 FR 40664, 8/15/91) that caused

the licensee to be in violation of the regulatory limit.

(Reference: 10 CFR 20.2104)

Page Last Reviewed/Updated Thursday, March 29, 2012