Safety of the public and the environment is the primary objective of the Massachusetts Radiation Control Program (Agency). Compliance with the Agency's requirements is an important role in ensuring protection for workers and the public from possible hazards of radioactive materials and machines.
When noncompliance with the Agency's requirements occurs, and there is potential for a hazard, the Agency has the statutory authority to require actions above and beyond existing regulations to maintain the level of protection necessary for avoiding undue risks to public health and safety.
The MA Radiation Control Program must evaluate the factors involved and the degree of risk when determining what action is needed for providing an adequate level of public health and safety protection. Based upon the Agency's evaluation of noncompliance, specific enforcement actions can include
- Issuing Notices of Violation and Orders,
- Proposing civil and criminal penalties, or
- Providing input into other regulatory activities (e.g., initiating rulemaking, amending licenses and registrations, and increasing the frequency of inspections).
The Agency's enforcement jurisdiction is drawn from the Atomic Energy Act of 1954 as amended, the Energy Policy Act of 2005, and the General Laws of Massachusetts (M.G.L.), Chapter 111, Sections 5 M to 5 Q, inclusive, and rules and regulations adopted under these laws.
Section 5 N of the M.G.L. authorizes the Agency to conduct inspections and investigations and to issue orders as may be necessary or desirable to protect health or to minimize danger to life or property. The Massachusetts Regulations for the Control of Radiation, 105 CMR 120.016, establish the enforcement policy and procedures used by the Agency.
In accordance with M.G.L.c.30A, of the Massachusetts Administrative Rules Procedures Act, all enforcement actions and licensees' responses are accessible to the public at the Agency's office in Charlestown, MA. Additionally, in an effort to increase transparency and promote prompt identification and avoidance of undue risks to the public's health and safety, summaries of significant enforcement actions accompanied by an order, or proposed civil or criminal penalty are available in this section of the Agency's Website.
This information is provided by the Radiation Control Program within the Department of Public Health.