TITLE 32:  ENERGY
                   CHAPTER II:  DEPARTMENT OF NUCLEAR SAFETY
                      SUBCHAPTER b:  RADIATION PROTECTION

                                   PART 400
           NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS; INSPECTIONS


Section
400.10      Purpose and Scope
400.110     Posting of Notices to Workers
400.120     Instructions to Workers
400.130     Notifications and Reports to Individuals
400.140     Presence of Representatives of Licensees or Registrants
            and Workers During Inspection
400.150     Consultation with Workers During Inspections 
400.160     Requests by Workers for Inspections 
400.170     Inspections Not Warranted; Informal Review 

AUTHORITY:  Implementing and authorized by Sections 8 - 8.13 of the Radiation
Protection Act (Ill. Rev. Stat. 1987, ch. 111«, pars. 218 - 218.13), and
Section 5 of "AN ACT in relation to personnel monitoring" (Ill. Rev. Stat.
1987, ch. 111«, par. 230.15).

SOURCE: Adopted at 10 Ill. Reg. 17496, effective September 25, 1986; amended
at 11 Ill. Reg. 15629, effective September 11, 1987; amended at 13 Ill. Reg.
effective August 11, 1989.

Section 400.10  Purpose and Scope

     a)   This Part establishes requirements for notices, instructions, and
          reports by licensees or registrants to individuals engaged in
          activities under a license or registration and options available to
          such individuals in connection with Department of Nuclear Safety
          (Department) inspections of licensees or registrants to ascertain
          compliance with the provisions of the Radiation Protection Act
          (Ill. Rev. Stat. 1987, ch. 111«, pars. 211 et seq.) (the Act) and
          regulations, orders, and licenses issued thereunder regarding
          radiological working conditions.

     b)   The regulations in this Part apply to:

          1)   All persons who receive, possess, use, own, or transfer
               sources of radiation registered with or licensed by the
               Department pursuant to 32 Ill. Adm. Code 320 or 330.

          2)   Inspection and testing of radiation machines and associated
               operating procedures by Departmental inspectors or by
               qualified nondepartment inspectors whose names are included in
               the department's record of individuals approved as qualified
               nondepartment inspectors of radiation machines pursuant to 32
               Ill. Adm. Code 410.

          3)   Inspection of licensed activities by Departmental inspectors.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.110  Posting of Notices to Workers

     a)   Each licensee or registrant shall post current copies of the
          following documents:

          1)   the regulations in this Part and in 32 Ill. Adm. Code 340;

          2)   the certificate of registration, the license, the license
               conditions, and any documents incorporated into the license by
               reference and amendments thereto;

          3)   the operating procedures applicable to activities under the
               license or registration; and

          4)   any notice of violation involving radiological working
               conditions, proposed imposition of civil penalty, or order
               issued pursuant to 32 Ill. Adm. Code 310, and any response
               from the licensee or registrant.

     b)   If the posting of a document specified in subsections (a)(1), (2),
          or (3) is not practicable, the licensee or registrant may post a
          notice which describes the documents and states where they may be
          examined.

     c)   Department Form KLA.001 "Notice to Employees" shall be posted by
          each licensee or registrant.

     d)   Department documents posted pursuant to subsection (a)(4) shall be
          posted within five (5) working days after receipt of the documents
          from the Department; the licensee's or registrant's response, if
          any, shall be posted within five (5) working days after dispatch
          from the licensee or registrant.  Such documents shall remain
          posted for a minimum of five (5) working days or until action
          correcting the violation has been completed, whichever is later.

     e)   Documents, notices, or forms posted pursuant to this Section shall
          appear in a sufficient number of places to permit individuals
          engaged in work under the license or registration to observe them
          on the way to or from any particular work location to which the
          document applies, shall be conspicuous, and shall be replaced if
          defaced or altered.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.120  Instructions to Workers

     a)   All individuals working in, or the performance of whose duties
          requires access to any portion of a restricted area:

          1)   shall be kept informed of the storage, transfer, or use of
               sources of radiation in such portions of the restricted area;

          2)   shall be instructed in the health protection problems
               associated with exposure to radiation or radioactive material,
               in the risks of radiation exposure to the embryo and fetus, in
               precautions or procedures to minimize exposure, and in the
               purposes and functions of protective devices employed;

          3)   shall be instructed in, and instructed to observe to the
               extent within the worker's control, the conditions of the
               license, the provisions of this Part and 32 Ill. Adm. Code
               310, 320, 330, 331, 340, 341, 350, 351, 401 and 601 for the
               protection of personnel from exposures to radiation or
               radioactive material occurring in such areas;

          4)   shall be instructed to report promptly to the licensee or
               registrant any condition which may constitute, lead to, or
               cause a violation of the Act, the conditions of the license,
               the provisions of this Part or 32 Ill. Adm. Code 310, 320,
               330, 331, 340, 341, 350, 351, 360, 370, 380, 390, 401, 410 and
               601 or unnecessary exposure to radiation or radioactive
               material;

          5)   shall be instructed in the appropriate response to warnings
               made in the event of any unusual occurrence or malfunction
               that may involve exposure to radiation or radioactive
               material; and

          6)   shall be advised as to the radiation exposure reports which
               workers shall be furnished pursuant to Section 400.130.

     b)   These instructions shall be of sufficient detail to avoid radiolo-
          gical health protection problems and shall be given directly to
          each worker either in writing or in an orientation course, with the
          workers signing a statement that they have received the above
          information and understand it.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.130  Notifications and Reports to Individuals

     a)   Radiation exposure data for an individual and the results of any
          measurements, analyses, and calculations of radioactive material
          deposited or retained in the body of an individual shall be
          reported to the individual as specified in this Section.  The
          information reported shall include data and results obtained
          pursuant to this Part, orders, or license conditions, as shown in
          records maintained by the licensee or registrant pursuant to 32
          Ill. Adm. Code 340.4010(a) and (c).  Each notification and report
          shall:

          1)   be in writing;

          2)   include the name of the licensee or registrant, the name of
               the individual, and the individual's social security number;

          3)   include the individual's exposure information; and

          4)   contain the following statement:

                    "This report is furnished to you under the provisions of
                    the Department of Nuclear Safety Regulations for
                    Radiation Protection (32 Ill. Adm. Code 400).  You should
                    preserve this report for further reference."

     b)   At the request of a worker, the licensee or registrant shall advise
          each worker annually of the worker's exposure to radiation or
          radioactive material as shown in records maintained by the licensee
          or registrant pursuant to 32 Ill. Adm. Code 340.4010(a) and (c).

     c)   At the request of a worker, each licensee or registrant shall
          furnish to the worker a report of the worker's exposure to
          radiation or radioactive material upon termination of employment. 
          Such report shall be furnished within 30 days from the time the
          request is made, or within 30 days of termination of employment, or
          within 30 days after exposure of the individual has been determined
          by the licensee or registrant, whichever is later.  The report
          shall cover each calendar quarter in which the worker's activities
          involved exposure to sources of radiation and shall include the
          dates and locations of work under the license or registration in
          which the worker participated.

     d)   When a licensee or registrant is required pursuant to 32 Ill. Adm.
          Code 340.4050 to report to the Department any exposure of an
          individual to radiation or radioactive material, the licensee or
          the registrant shall also provide the individual a report on the
          exposure data included therein.  Such reports shall be transmitted
          at a time not later than the transmittal to the Department.

     e)   At the request of a worker who is terminating employment in a given
          calendar quarter with the licensee or registrant in work involving
          radiation dose, or of a worker who, while employed by another
          person, is terminating assignment to work involving radiation dose
          in the licensee's or registrant's facility in that calendar
          quarter, each licensee or registrant shall provide to each such
          worker, or to the worker's designee, at termination, a written
          report regarding the radiation dose received by that worker from
          operations of the licensee or registrant during that specifically
          identified calendar quarter or fraction thereof, or provide a
          written estimate of that dose if the finally determined personnel
          monitoring results are not available at that time.  Estimated doses
          shall be clearly indicated as such.  If an estimate of dose is
          provided, the actual radiation exposure records shall be provided
          to the worker when these records become available to the licensee
          or registrant.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.140  Presence of Representatives of Licensees or Registrants and
Workers During Inspection

     a)   Pursuant to Section 400.160 and 32 Ill. Adm. Code 310.50, each
          licensee or registrant shall afford the Department at all
          reasonable times the opportunity to inspect such materials,
          machines, activities, facilities, premises, and records as the
          Department determines are necessary to establish compliance with
          the requirements of the license and the provisions of 32 Ill. Adm.
          Code 310, 320, 330, 331, 340, 341, 350, 351, 360, 370, 380, 390,
          400, 401, 410, and 601.  Reasonable times shall be any time the
          facility is operational.  The inspection may be announced or
          unannounced.  Materials licensees shall be inspected at least as
          frequently as they would have been inspected by the U.S. Nuclear
          Regulatory Commission (U.S. NRC) if the licensees were regulated by
          the U.S. NRC, but no more frequently than once in a calendar
          quarter.  Radiation machines shall be inspected in accordance with
          the provisions of Sections 8.11 and 8.13 of the Act. Inspection of
          licensees and radiation machines may be conducted more frequently
          than once per calendar quarter if, in the past three years, there
          has been a condition at the facility which required emergency
          response; or if the Department has received a complaint, the
          investigation of which will result in a more frequent inspection;
          or if the Department has documented a violation of the Act or the
          above referenced rules of the Department at the facility and
          additional inspections are necessary to establish that the
          violation has been abated.

     b)   During an inspection, Departmental and qualified nondepartment
          inspectors may consult privately with workers as specified in
          Section 400.150.  The licensee or registrant may accompany
          Departmental and qualified nondepartment inspectors during other
          phases of an inspection.

     c)   If, at the time of inspection, an individual has been authorized by
          the workers to represent them during inspections, the licensee or
          registrant shall notify the Departmental or qualified nondepartment
          inspectors of such authorization and shall give the workers'
          representative an opportunity to accompany the inspectors during
          the inspection of physical working conditions.

     d)   Each workers' representative shall be routinely engaged in work
          under control of the licensee or registrant and shall have received
          instructions as specified in Section 400.120.

     e)   Different representatives of licensees or registrants and workers
          may accompany the Departmental or qualified nondepartment
          inspectors during different phases of an inspection if there is no
          resulting interference with the conduct of the inspection. 
          However, only one workers' representative at a time may accompany
          the inspectors.

     f)   With the approval of the licensee or registrant and the workers'
          representative, an individual who is not routinely engaged in work
          under control of the licensee or registrant, for example, a
          consultant to the licensee or registrant or to the workers'
          representative, shall be afforded the opportunity to accompany
          Departmental and qualified nondepartment inspectors during the
          inspection of physical working conditions.

     g)   Notwithstanding the other provisions of this Section, Departmental
          inspectors and qualified nondepartment inspectors are authorized to
          refuse to permit accompaniment by any individual who deliberately
          interferes with a fair and orderly inspection.  With regard to
          areas containing information classified by an agency of the U.S.
          Government in the interest of national security, an individual who
          accompanies an inspector may have access to such information only
          if authorized to do so.  With regard to any area containing
          proprietary information, i.e., trade secrets and commercial or
          financial information where such information is privileged or
          confidential or where disclosure of such information may cause
          competitive harm, the workers' representative for that area shall
          be an individual previously authorized by the licensee or
          registrant to enter that area.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.150  Consultation with Workers During Inspections

     a)   Departmental and qualified nondepartment inspectors may consult
          privately with workers concerning matters of occupational radiation
          protection and other matters related to the activities of the
          licensee or registrant which bear upon compliance with the
          conditions of the license or the provisions of this Part or 32 Ill.
          Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 360, 370, 380,
          390, 401, 410 or 601.

     b)   During the course of an inspection, or at any other time, any
          worker may bring privately to the attention of the Department, its
          inspectors or qualified nondepartment inspectors, either orally or
          in writing, any past or present condition which the worker has
          reason to believe may have contributed to or caused any violation
          of the Act, the provisions of this Part or 32 Ill. Adm. Code 310,
          320, 330, 331, 340, 341, 350, 351, 360, 370, 380, 390, 401, 410,
          and 601 or license condition, or any unnecessary exposure of an
          individual to sources of radiation under the licensee's or
          registrant's control.  Any such notice in writing shall comply with
          the requirements of Section 400.160(a).  If a worker seeks an
          opportunity to speak to an inspector during an inspection, the
          licensee or registrant shall permit the worker such opportunity.

          AGENCY NOTE:  The provisions of subsection (b) shall not be
          interpreted as authorization to disregard instructions pursuant to
          Section 400.120.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.160  Requests by Workers for Inspections

     a)   Any worker or representative of workers believing that a violation
          of the Act, the provisions of this Part or 32 Ill. Adm. Code 310,
          320, 330, 331, 340, 341, 350, 351, 360, 370, 380, 390, 401, 410 and
          601, or license conditions exists or has occurred, or that an
          unnecessary exposure to radiation or radioactive material has
          occurred in work under a license or registration with regard to
          radiological working conditions in which the worker is engaged may
          request an inspection by giving notice of the alleged violation to
          the Department.  Any such notice shall be in writing, shall set
          forth the circumstances describing the perceived violation or
          condition, and shall be signed by the worker or representative of
          the workers.  A copy shall be provided to the licensee or
          registrant by the Department no later than at the time of
          inspection except that, upon the request of the worker giving such
          notice, his name and the name of individuals referred to therein
          shall not appear in such copy or on any record published, released,
          or made available by the Department, except for good cause shown,
          such as when necessary in the course of enforcement actions.

     b)   If conditions stated on the face of the complaint indicate there is
          or has been a violation or the possibility of a violation, the
          Department shall conduct an inspection as soon as practicable to
          determine if such alleged violation exists or has occurred.
          Inspections made pursuant to this Section need not be limited to
          matters referred to in the complaint.

     c)   No licensee or registrant shall discharge or in any manner
          discriminate against any worker because such worker has filed any
          complaint or instituted or caused to be instituted any proceedings
          under this Part or has testified or is about to testify in any such
          proceeding or because of the exercise by such worker on behalf of
          himself or others of any option afforded by this Part. 
          Furthermore, each licensee and registrant shall instruct his
          contractors and subcontractors not to discharge or in any manner
          discriminate against any worker because such worker has filed any
          complaint or instituted or caused to be instituted any proceedings
          under this Part or has testified or is about to testify in any such
          proceeding or because of the exercise by such worker on behalf of
          himself or others any option afforded by this Part.  Any worker who
          believes that he has been so discharged or discriminated against
          may file a complaint with the Department alleging a violation of
          this subsection.

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)

Section 400.170  Inspections Not Warranted; Informal Review

     a)   Review of Determination That No Inspection is Warranted

          1)   If the Office of Radiation Safety determines, pursuant to
               Section 400.160, that an inspection is not warranted, the
               Office of Radiation Safety shall notify the complainant in
               writing within 60 days of receipt of the complaint.  The
               complainant may obtain review of such determination by
               submitting a written statement of position with the
               Department.  The Department will provide the licensee or
               registrant with a copy of such statement by certified mail,
               excluding, at the request of the complainant, the name of the
               complainant.  The licensee or registrant may submit an
               opposing written statement of position with the Department. 
               The Department will provide the complainant with a copy of
               such statement by certified mail.

          2)   Upon the request of the complainant or the licensee or
               registrant, the Department shall hold an informal conference
               in which the complainant and the licensee or registrant may
               orally present their views.  If such a conference is requested
               by the complainant, the presence of the licensee or registrant
               at the conference shall be subject to the concurrence of the
               complainant.  If the conference is requested by the licensee
               or registrant, the presence or disclosure of the identity of
               the complainant will be made only pursuant to written
               authorization from the complainant.  After considering all
               written and oral views presented, the Department shall affirm,
               modify, or reverse the determination of the Office of
               Radiation Safety and furnish the complainant and the licensee
               or registrant a written notification of the decision and the
               reason therefor.

     b)   If the Department determines that an inspection is not warranted
          because the requirements of Section 400.160(a) have not been met,
          the complainant shall be notified in writing, within 30 days of
          receipt of the complaint, of such determination.  Such
          determination shall be without prejudice to the filing of a new
          complaint meeting the requirements of Section 400.160(a).

(Source:  Amended at 13 Ill. Reg. 13581, effective August 11, 1989)