EA-98-224 - Globe X-Ray Services, Inc.

June 29, 1998

EA 98-224

Mr. Tony Ozmun, Vice President
Globe X-Ray Services, Inc.
8441 South Union Street
Tulsa, Oklahoma 74132

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORT 030-08719/98-02)

Dear Mr. Ozmun:

This is in reference to the apparent violation identified in our letter to you dated May 5, 1998. Our letter and enclosed inspection report described an apparent violation involving a failure on the part of a Globe X-Ray Services, Inc. (Globe) radiographer to wear required radiation monitoring devices during radiography operations. Globe reported this incident to the NRC in February 1998 following its investigation of a possible radiation overexposure. The NRC completed its inspection on April 16, 1998. We informed you that the NRC was considering escalated enforcement action and that Globe could either respond in writing or request a predecisional enforcement conference to discuss the apparent violation. In your May 21, 1998 written response, you acknowledged that a violation had occurred, described several corrective actions that were taken, claimed credit for identifying the violation and indicated that the circumstances did not warrant a civil penalty.

Globe's corrective actions included giving the involved radiographer an additional eight hours of radiation safety training, suspending him for three days without pay, requiring the radiographer to discuss his actions at the annual radiation safety meeting, and modifying Globe's emergency procedures to require employees to notify the radiation safety officer immediately of any exposure or suspected exposure to a film badge while not being worn.

Based on the information we obtained during our inspection, and our review of the information you submitted in your response to the apparent violation, the NRC has concluded that a violation of 10 CFR 34.47(a) occurred, and that it should be classified at Severity Level III in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, Revision 1. The violation is described in the enclosed Notice of Violation.

The NRC considers any failure to wear radiation monitoring equipment during radiography operations a significant regulatory concern even when, as in this case, it does not appear to have resulted in an individual receiving a radiation overexposure. We recognize that the circumstances in this case involved conducting radiography in a vault that was equipped with additional radiation warning devices. However, radiation exposure incidents have occurred in similar situations. In addition, as Globe has recognized and corrected, radiography personnel should report to radiation safety personnel any incident involving their film badge being exposed to high levels of radiation when it is not being worn.

In accordance with the Enforcement Policy, a civil penalty with a base value of $5,500 is considered for a Severity Level III violation. Since Globe has been the recipient of escalated enforcement action in the approximate two years preceding this violation ⁽¹⁾, the NRC considered whether credit was due for Identification and Corrective Action in accordance with the civil penalty assessment process described in Section VI.B.2 of the Enforcement Policy. The NRC has determined that Globe should be given credit for identifying the violation. You discovered the violation when you were investigating a possible radiation overexposure based on receiving a report from your film badge vendor. Your conclusion that the radiographer left his radiation monitoring devices in the vault while performing radiography and did not receive the reported radiation exposure is supported by the available evidence. The NRC also has determined that Globe should be given credit for its corrective actions, which were described above. Thus, this assessment results in the issuance of the violation with no associated civil penalty.

Therefore, to emphasize the continued importance of assuring that all Globe radiography personnel wear required radiation safety devices when performing radiography, and in recognition of your identification and correction of this violation, I have been authorized to issue the enclosed Notice of Violation at Severity Level III, as described in the Notice. Please be aware that significant violations in the future could result in a civil penalty, and that issuance of this Severity Level III violation constitutes escalated enforcement action which may subject you to increased NRC inspection.

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 Inspection Report No. 030-08719/98-02 and Globe's letter dated May 21, 1998. 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 and its enclosure will be placed in the NRC Public Document Room (PDR).

		Sincerely,
		org signed by
		Ellis W. Merschoff Regional Administrator

Docket No. 030-08719
License No. 35-15194-01

Enclosure: Notice of Violation

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NOTICE OF VIOLATION
Globe X-Ray Services, Inc. Tulsa, Oklahoma		Docket No. 030-08719 License No. 35-15194-01 EA 98-224

 

During an NRC inspection completed on April 16, 1998, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, Revision 1, the violation is listed below:

10 CFR 34.47(a) requires that the licensee not permit any individual to act as a radiographer or a radiographer's assistant unless, at all times during radiographic operations, the individual wears a direct-reading pocket dosimeter, an alarming ratemeter, and either a film badge or a thermoluminescent dosimeter.

Contrary to the above, on an unspecified date during January 1998, a licensee radiographer did not wear a pocket dosimeter, an alarming ratemeter and a film badge while conducting radiographic operations. Specifically, while conducting radiographic operations, the radiographer removed all of his personnel monitoring devices to adjust a back brace and failed to replace the devices prior to resuming radiographic operations. The radiographer conducted approximately ten radiographs consisting of 2-minute exposure times without wearing personnel monitoring devices. (01013)

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 Inspection Report No. 030-08719/98-02 and the letter from the Licensee dated May 21, 1998. 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 IV, within 30 days of the date of this Notice of Violation (Notice).

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

Under the authority of Section 182 of the Act, 42 U.S.C. 2232, any response you choose to submit shall be submitted under oath or affirmation.

Because any response you choose to submit will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).

Dated at Arlington, Texas
this 29th day of June 1998

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¹ On April 25, 1996, Globe was issued a Severity Level III violation for a cumulative radiation exposure to a radiographer of 5.1 rems during calendar year 1995.