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OSHA 1926.53

Ionizing radiation in construction

1926 Subpart D

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.53(a), does OSHA require construction employers who use ionizing radiation sources to follow the Nuclear Regulatory Commission (NRC) radiation protection rules?

Yes — 1926.53(a) requires that the pertinent provisions of the Nuclear Regulatory Commission's Standards for Protection Against Radiation (10 CFR part 20) apply to construction activities using ionizing radiation.

  • This means employers doing construction work with radioactive materials or X-rays must comply with the NRC occupational radiation protection requirements where those provisions are pertinent to the work. See 1926.53(a).

Under 1926.53(b), who is allowed to perform work that involves radioactive materials or X-rays on construction projects?

Work must be done by competent, specially trained people — 1926.53(b) requires that any activity involving radioactive materials or X-rays be performed by competent persons who are specially trained in the safe operation of the equipment.

  • If the materials are used under an NRC license, only persons actually licensed or competent persons working under the licensee's direction and supervision may perform the work. See 1926.53(b).

Under 1926.53, if a contractor performs X-ray or radioactive-material work for an NRC licensee, do the contractor's workers need to hold the NRC license themselves?

No — workers do not themselves have to hold the NRC license if they are competent and working under the licensee's direction and supervision, per 1926.53(b).

  • The rule allows the licensee to authorize competent persons who are not individually licensed to perform work, as long as those workers are under the licensee's direction and supervision. See 1926.53(b).

Under 1926.53(r), are the radiation-protection requirements for construction identical to a specific general industry standard?

Yes — 1926.53(r) explains that the requirements for construction work under paragraphs (c) through (r) of 1926.53 are identical to those set out at paragraphs (a) through (p) of 1910.1096 (the general industry ionizing radiation standard).

  • For detailed program elements, monitoring, posting, and other specific requirements, consult 1910.1096.

Under 1926.53, if a construction activity involves radioactive material but is not done under an NRC license, who must supervise or perform the work?

Competent, specially trained persons must perform the work — 1926.53(b) requires that any activity involving radioactive materials or X-rays be performed by competent persons specially trained in safe operation, whether or not the activity is under an NRC license.

  • The section does not require an NRC license for all radioactive-material work in construction, but it does require properly trained and competent personnel for safe operations. See 1926.53(b).

Under 1926.53, where can a construction employer find the detailed requirements (monitoring, dosimetry, records, posting) that apply to ionizing radiation work?

The detailed requirements are in the general industry ionizing radiation standard — 1926.53(r) directs you to the identical provisions in 1910.1096, which contain the specifics on monitoring, personnel dosimetry, records, posting, and other controls.

  • To implement a complete radiation-protection program for construction activities, review 1910.1096 alongside any applicable NRC requirements referenced in 1926.53(a).

Under 1926.53(b), what does the standard mean by 'competent persons specially trained' for radioactive or X-ray operations?

It means workers must have the specific training and competence to operate radioactive or X-ray equipment safely — 1926.53(b) requires that such activities be performed by specially trained competent persons.

  • For the precise training topics, minimum qualifications, and program elements you should implement, follow the applicable provisions in 1910.1096 and the NRC requirements referenced in 1926.53(a).

Under 1926.53(a), must construction employers also follow NRC licensing rules when those rules are relevant?

Yes — 1926.53(a) says the pertinent provisions of the NRC's Standards for Protection Against Radiation (10 CFR part 20) shall apply to construction activities, which includes applicable NRC licensing and radiation protection requirements.

  • Employers should review both NRC 10 CFR part 20 and the construction provisions mapped to 1910.1096 to ensure they meet regulatory and licensing obligations.

Under 1926.53, are paragraphs (c) through (r) of this section empty or do they contain requirements?

They are labeled 'Reserved' in the printed text, but 1926.53(r) explains that the requirements applicable to construction work under (c) through (r) are identical to the requirements at paragraphs (a) through (p) of 1910.1096.

  • In practice, you must follow the substantive rules in 1910.1096 for the topics that map to (c)–(r) of 1926.53.

Under 1926.53, if a construction employer is unsure which NRC provisions apply to a particular job using ionizing radiation, where should they look first?

Start with 1926.53(a) and the NRC rule referenced there (10 CFR part 20), and then consult the mapped 1910.1096 provisions for practical program elements.

  • 1926.53(a) requires applying the pertinent NRC provisions; 1926.53(r) points you to 1910.1096 for the construction equivalents of those requirements.

Under 1926.53, do employers need to create a radiation-protection program for construction activities that involve X-rays or radioactive materials?

Yes — employers must implement the radiation-protection controls required by the NRC provisions and the substantive rules mapped to the construction standard; see 1926.53(a) and the program details in 1910.1096.

  • The combined effect of these references is that employers must establish the monitoring, exposure control, personnel training, posting, and recordkeeping elements required by those standards for construction tasks involving ionizing radiation.

Under 1926.53(b), does the phrase 'whether or not under license from the Nuclear Regulatory Commission' mean OSHA requirements apply even if no NRC license exists?

Yes — 1926.53(b) explicitly covers activities involving radioactive materials or X-rays whether or not they are performed under an NRC license, and requires those activities to be performed by competent, specially trained persons.

  • So even if an NRC license is not present, the employer still must ensure competent, specially trained personnel perform the work; see 1926.53(b).

Under 1926.53, can an employer rely on subcontractors to meet the 'competent person' requirement for ionizing radiation work?

Yes — an employer can rely on qualified subcontractors, but the work must still be performed by competent persons who are specially trained in safe operation, per 1926.53(b).

  • When using subcontractors, the controlling employer should verify the subcontractor's personnel are competent and trained, and ensure supervision or licensee-direction where applicable. See 1926.53(b).

Under 1926.53, does OSHA provide the detailed text for each construction radiation requirement inside 1926.53(c)–(r)?

No — the printed paragraphs (c) through (r) are shown as 'Reserved', but 1926.53(r) states those construction requirements are identical to 1910.1096(a)–(p).

  • To see the substantive requirements that apply to construction tasks, read 1910.1096, which contains the mapped regulatory language.

Under 1926.53, if an employer wants to know which portions of [1910.1096](https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1096) correspond to the construction rule, where is that explained?

The correspondence is stated in 1926.53(r), which says the construction paragraphs (c)–(r) are identical to paragraphs (a)–(p) of 1910.1096.

  • Therefore, to determine which 1910.1096 provisions apply to construction, read the general industry paragraphs (a) through (p) in 1910.1096.

Under 1926.53, do employers who perform construction work with ionizing radiation need to coordinate with the NRC or state regulatory authority?

Yes — 1926.53(a) requires application of pertinent NRC radiation-protection provisions, so employers should coordinate with the NRC or applicable state radiation authority when licensing, registration, or NRC guidance applies.

  • In addition to following the NRC rules referenced in 1926.53(a), employers must implement the operational elements in 1910.1096.

Under 1926.53, are X-ray operations on construction sites treated any differently from radioactive material operations?

No — 1926.53(b) covers any activity involving radioactive materials or X-rays and requires that both be performed by competent, specially trained persons. The NRC provisions referenced in 1926.53(a) and the provisions in 1910.1096 address both kinds of ionizing radiation sources.

  • Treat X-ray operations with the same attention to training, monitoring, and controls required for other ionizing radiation activities. See 1926.53(a)–(b).

Under 1926.53, if there is a conflict between an NRC requirement and the mapped [1910.1096](https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1096) provision, which should the employer follow?

Follow the applicable NRC requirements where 1926.53(a) requires the pertinent provisions of 10 CFR part 20 to apply; otherwise implement the corresponding operational rules in 1910.1096.

  • In practice, employers should reconcile requirements by applying the NRC radiation-protection requirements that are explicitly required under 1926.53(a) and using 1910.1096 for the mapped construction program elements. When in doubt, consult the NRC or a qualified radiation-safety expert.

Under 1926.53, where should a construction employer look for required worker training and documentation related to ionizing radiation controls?

Employers should follow the training and documentation provisions found in the general industry ionizing radiation standard and the NRC rules: see 1910.1096 for program elements and 1926.53(a) for the application of NRC requirements.

  • The combination of 1910.1096 and the NRC 10 CFR part 20 provisions referenced in 1926.53(a) will tell you what training records, monitoring records, and other documentation you must keep.

Under 1926.53, who is responsible if a construction employer hires untrained workers to operate X-ray equipment?

The employer is responsible — 1926.53(b) requires that such activities be performed by competent persons specially trained in safe operation, so hiring or allowing untrained workers to operate X-ray equipment would fail that requirement.

  • Employers must ensure personnel are properly trained and competent, and where NRC-licensed materials are used, ensure licensee supervision or licensed personnel as required. See 1926.53(b).