OSHA specifically regulates ionizing radiation hazards in general industry, shipyards, marine terminals, longshoring, and construction regulations. They are found at:
Other OSHA regulations may also come into play. They include, but are not limited to, those for eye and face protection, respiratory protection, employee access to exposure records, and injury and illness recordkeeping.
OSHA jurisdiction
Note that OSHA has said, “OSHA requires employers to protect workers from exposure to ionizing radiation sources that are not regulated by the Nuclear Regulatory Commission (NRC) or other federal agencies, such as X-ray equipment, some accelerators, incidental accelerator-produced radioactive materials, ion implanters, and some naturally-occurring radioactive material (NORM).”
In other words, there are some situations where OSHA does not have jurisdiction. OSHA is precluded, under Section 4(b)(1) of the OSH Act, from enforcing requirements pertaining to working conditions regulated by another federal agency. According to OSHA:
- The NRC regulates worker exposure to ionizing radiation for specific radioactive materials for which NRC issues licenses (Standards for Protection Against Radiation, 10 CFR 20). The NRC issues licenses and regulates civilian uses of these categories of radioactive materials: source material (uranium and thorium); special nuclear material (enriched uranium and plutonium); and byproduct material (material that is made radioactive in a reactor, and residue from the milling of uranium and thorium). See the NRC Standards for Protection Against Radiation (10 CFR 20).
- The Atomic Energy Act (AEA) of 1954, as amended, authorizes DOE to regulate the occupational safety and health of private sector employees at facilities subject to the Act. DOE rules (at 10 CFR 835, Occupational Radiation Protection) establish radiation protection standards, limits, and program requirements for protecting individuals from ionizing radiation resulting from the conduct of DOE activities.
- MSHA regulates miners’ exposure to ionizing radiation from short-lived decay products of radon and gamma radiation from radioactive ores in underground metal and nonmetal mines (30 CFR 57.5037 to 57.5047).”
For further jurisdictional information, see:
- OSHA’s September 6, 2013, “Memorandum of Understanding between The U.S. Nuclear Regulatory Commission and The Occupational Safety and Health Administration.”
- OSHA’s July 25, 2000, “Memorandum of Understanding between the U. S. Department of Labor Occupational Safety and Health Administration and the U. S. Department of Energy Office of Environment, Safety and Health on Safety and Health Enforcement at Privatized Facilities and Operations.
- NRC’s September 9, 1998, “Memorandum of Understanding Between the Nuclear Regulatory.”
- OSHA’s August 1, 1996, “Memorandum of Understanding between the Nuclear Regulatory Commission and the Occupational Safety and Health Administration with Respect to the Gaseous Diffusion Plants.”
- OSHA’s August 28, 1992, “Memorandum of Understanding between the U.S. Department of Labor and the U.S. Department of Energy Commission and the Department of Labor.”
- OSHA’s August 16, 1989, memo, “The Ionizing Radiation Standard, 29 CFR 1910.1096.”
- OSHA’s January 8, 1987, letter of interpretation, “Clarification of the jurisdiction's of OSHA and the NRC in nuclear power plants.”
- OSHA’s February 23, 1988, letter of interpretation, “Maintenance of radiation exposure records NRC licensee contractors.”
- OSHA’s January 15, 1985, memo, “OSHA/NRC Interface Activities and Related Information.”
States may also regulate
States also regulate occupational exposure to ionizing radiation. NRC Agreement States regulate occupational exposure to radioactive materials within their borders. These states may also regulate occupational exposure to radiation sources that NRC does not, including radiation-producing machines (e.g., x-ray machines, particle accelerators) and NORM.
OSHA State Plans have OSHA-approved standards and enforcement programs that are at least as effective as federal OSHA's. The State Plans may have more stringent requirements for occupational exposures to ionizing radiation when compared to federal requirements.
