United States Nuclear Regulatory Commission - Protecting People and the Environment

EA-01-213- Allied Inspection Services, Inc.

September 17, 2001

EA-01-213

Thomas Grashaw, President
Allied Inspection Services, Inc.
P.O. Box 268
St. Clair, MI 48079

SUBJECT:   NOTICE OF VIOLATION (NRC INSPECTION REPORT 030-15055/2001-002(DNMS))

Dear Mr. Grashaw:

This refers to the inspection conducted on July 24 and 25, 2001, at Allied Inspection Services, Inc., (Allied) St. Clair, Michigan, with continued NRC review through August 3, 2001. The purpose of this inspection was to determine whether activities authorized by the license were conducted safely and in accordance with NRC requirements. As a result of the inspection, one apparent violation was identified involving the failure to wear all required dosimetry during radiographic operations, and is being considered for escalated enforcement. The inspection also reviewed implementation of corrective actions documented in your May 8, 2001 letter. The corrective actions were in response to our April 16, 2001 letter, forwarding a Notice of Violation (Notice) involving the failure to perform leak tests for depleted uranium. Based on record reviews and inspector observations conducted during the inspection, the corrective actions appear adequately implemented and we have no further questions regarding this matter. The results of this inspection were discussed with you on August 3, 2001. The enclosed report presents the results of this inspection.

In a telephone conversation on September 5, 2001, Cynthia D. Pederson of my staff informed you that the NRC was considering escalated enforcement for the apparent violation involving the failure to wear all required dosimetry during radiographic operations involving licensed material. Ms. Pederson also informed you that we had sufficient information regarding the apparent violation and your corrective actions to make an enforcement decision without the need for a predecisional enforcement conference or a written response from you. You indicated that Allied did not believe that a predecisional enforcement conference or written response was needed.

Based on the information developed during the inspection and the information that you provided during the September 5, 2001 telephone conversation, the NRC has determined that one violation of NRC requirements occurred. The violation is cited in the enclosed Notice and the circumstances surrounding it are described in detail in the subject inspection report. The violation involves the failure to wear all required dosimetry during radiographic operations at a temporary job site on February 1, 2001. Specifically, the radiographer removed a garment containing his direct reading (pocket) dosimeter and personnel dosimeter (film badge), and left the clothing in close proximity to a radiography exposure while securing the perimeter of the area from unauthorized entry.

The failure to wear all required dosimetry during operations involving licensed material is a significant safety issue. Pocket dosimeters provide immediate information on an individual's exposure in the event of an incident involving a radiography source, and the film badge is used as the official record of an individual's exposure from radiographic operations. Therefore, this violation has been categorized in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, May 1, 2000, at Severity Level III.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $6000 is considered for a Severity Level III violation. Because your facility has been the subject of an escalated enforcement action within the last two inspections, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit was warranted for identification since you identified the violation and documented the incident in an internal memo, and volunteered the information during the inspection. We have evaluated your corrective actions which included: (1) informing your staff of the incident, including a discussion on the requirement to wear all required dosimetry; and (2) requiring that all staff verify by visual observation that the required dosimetry is being worn prior to each actual radiography exposure. We have concluded that credit for these actions is warranted. Therefore, to encourage identification, and prompt and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty.

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved, is adequately addressed on the docket in this letter and the enclosed report. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosures, and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public NRC Library)..

Sincerely,

/RA/

J.E. Dyer
Regional Administrator

Docket No. 030-15055
License No. 21-18428-01

Enclosure: Notice of Violation


NOTICE OF VIOLATION

Allied Inspection Services, Inc.
St. Clair, Michigan
Docket No. 030-15055
License No. 21-18428-01
EA-01-213

During an NRC inspection conducted on July 24 and 25, 2001, with in-office review through August 3, 2001, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, May 1, 2000, the violation is listed below:

10 CFR 34.47(a) states, in part, that the licensee may not permit any individual to act as a radiographer or a radiographer's assistant unless, at all times during radiographic operations, each individual wears, on the trunk of the body, a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor.
Contrary to the above, on February 1, 2001, at a temporary jobsite in St. Clair, Michigan, a licensee radiographer failed to wear a direct reading dosimeter and a personnel dosimeter that is processed and evaluated by an accredited NVLAP processor, at all times during radiographic operations. Specifically, the individual removed his jacket containing the direct reading dosimeter and personnel dosimeter and hung it on a cart handle near the area of the exposure.
This is a Severity Level III violation (Supplement VI).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in the letter transmitting this Notice and the inspection report. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN:  Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region III, 801 Warrenville Road, Lisle, IL 60532, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public NRC Library). Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 17th day of September 2001.

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