EA-02-201 - Dayton X-Ray Company

November 29, 2002

EA-02-201

James Bailey, President
Dayton X-Ray Company
(dba U. S. Inspection Services)
705 Albany Street
Dayton, OH 45408

SUBJECT:

NOTICE OF VIOLATION (NRC SPECIAL INSPECTION REPORT NO. 03035059/2002-003(DNMS))

Dear Mr. Bailey:

This refers to the inspection conducted September 3-18, 2002, at your permanent radiographic installation and at a temporary job site in Indianapolis, Indiana. The purpose of the inspection was to review the conduct of radiographic operations and compliance with NRC requirements and license conditions. The inspection report was transmitted to you in an October 18, 2002, letter and identified three apparent violations of NRC requirements.

In the letter transmitting the inspection report, we provided you the opportunity to address the apparent violations identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter, dated November 12, 2002, you provided a response to the apparent violations.

Based on the information developed during the inspection and the information that you provided in your response to the inspection report, dated November 12, 2002, the NRC has determined that violations of NRC requirements occurred. These violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report. During the conduct of radiographic operations at a temporary job site on August 29, 2002, three violations of NRC requirements occurred. The violations involved the failure to: (1) ensure that radiographic operations performed at a temporary job site were observed by two qualified individuals; (2) limit the radiation dose in unrestricted areas to 0.002 rem in an hour; and (3) post the radiation area at a temporary job site.

Violation A of the Notice, involving the failure to have two qualified individuals observe radiographic operations at a temporary job site, is a potentially significant safety issue. The purpose of the second individual is to observe radiographic operations and provide immediate assistance to prevent unauthorized entry into areas where radiography is being conducted and thus prevent unnecessary exposures to members of the public. Therefore, this violation has been categorized in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 at Severity Level III.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $6,000 is considered for a Severity Level III violation. Because your facility has not been the subject of escalated enforcement actions within the last two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit was warranted for corrective actions which included: (1) immediately retraining company personnel on the requirements for conducting radiography at temporary job sites, including that two individuals must observe radiographic operation at all times; (2) requiring additional personnel to be used when all access points are unable to be observed by two qualified individuals; (3) instructing radiographic personnel to use temporary radiation shielding at temporary job sites; and (4) additional training to the field station radiation safety officer involved with the violations on his responsibilities and the proper procedure in performing audits of radiographic operations.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, 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. In addition, issuance of this Severity Level III violation constitutes escalated enforcement action, that may subject you to increased inspection effort.

Violations B and C of the Notice, which involve the failure to limit the radiation dose in unrestricted areas to 0.002 rem in an hour and the failure to post the radiation area at a temporary job site, have been categorized in accordance with the Enforcement Policy at Severity Level IV.

The NRC has concluded that information regarding the reason for the violations, 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 Inspection Report No. 03035059/2002-003(DNMS) and your letter, dated November 12, 2002. 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 enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), which is accessible from the NRC Web site at the Public NRC Library. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The NRC also includes Issued Significant Enforcement Actions on its Web site.

		Sincerely,
		/RA/ James L. Caldwell for
		J. E. Dyer Regional Administrator

Docket No. 030-35059
License No. 34-06943-02

Enclosure: Notice of Violation

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NOTICE OF VIOLATION

Dayton X-Ray Company Dayton, Ohio

Docket No. 030-35059 License No.34-06943-02 EA-02-201

During an NRC inspection conducted September 3-18, 2002, violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below:

A.	10 CFR 34.41(a) requires that whenever radiography is performed at a location other than a permanent radiographic installation (i.e., a temporary job site), the radiographer must be accompanied by at least one other qualified radiographer or an individual who met the requirements of 10 CFR 34.43(c). The additional qualified individual must observe the operations and be capable of providing immediate assistance to prevent unauthorized entry. Radiography may not be performed if only one qualified individual is present. Contrary to the above, on August 29, 2002, radiography was performed at a temporary job site located at 901 E. Beecher Street, Indianapolis, Indiana, a location other than a permanent radiographic installation, with only one qualified individual present. Specifically, the second qualified individual was in an adjacent business rendering him unable to observe the radiographic operations and incapable of providing immediate assistance to prevent unauthorized entry. This is a Severity Level III violation (Supplement VI).
B.	10 CFR 20.1501 requires that each licensee make or cause to be made surveys that may be necessary for the licensee to comply with the regulations in Part 20 and that are reasonable under the circumstances to evaluate the extent of radiation levels, concentrations or quantities of radioactive materials, and the potential radiological hazards that could be present. Pursuant to 10 CFR 20.1003, survey means an evaluation of the radiological conditions and potential hazards incident to the production, use, transfer, release, disposal, or presence of radioactive material or other sources of radiation. Contrary to the above, as of August 29, 2002, the licensee did not make surveys to assure compliance with 10 CFR 20.1301, which limits radiation exposure to individual members of the public to 0.1 rem in a year. Specifically, the licensee failed to conduct a radiation survey of a section of a radiation area to determine if radiation levels exceeded 0.002 rem in an hour during radiography at a temporary job site located at 901 E. Beecher Street, Indianapolis, Indiana. This is a Severity Level IV violation (Supplement IV)
C.	10 CFR 34.53 requires, notwithstanding any provisions in 10 CFR 20.1903, that areas in which radiography is being performed be conspicuously posted as required by 10 CFR 20.1902(a). 10 CFR 20.1902(a) requires that each radiation area be conspicuously posted with a sign or signs bearing the radiation caution symbol and the words "CAUTION, RADIATION AREA." Contrary to the above, on August 29, 2002, during radiography performed at a temporary job site located at 901 E. Beecher Street, Indianapolis, Indiana, the licensee did not post the radiation area in which industrial radiography was being performed. This is a Severity Level IV violation (Supplements IV and VI)

The NRC has concluded that information regarding the reason for the violations, 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 Inspection Report No. 0303509/2002-003(DNMS) and your November 12, 2002, letter. 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; EA-02-201," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, Region III, 801 Warrenville, IL 60532-4351, 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 NRC's document system (ADAMS), which is accessible from the NRC Web site at 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 29^th day of November 2002.