Ionizing radiation standards and radon in workplaces

September 27, 1990
Mr. James W. Krueger President
American Association of Radon Scientists
and Technologists, Inc.
[Recipient address omitted]
Dear Mr. Krueger:
This is in response to your letter of July 24 to Mr. David M. Smith of my staff concerning the Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.1096 Ionizing radiation.
Please be advised that 29 CFR 1910.1096 applies to all workplaces except state and local governments, marine terminals, agricultural operations, construction operations and workplaces exempted from OSHA jurisdiction by section 4(b)(1) of the Occupational Safety and Health Act of 1970. Section 4(b)(1) reads:

Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.

OSHA Standard 29 CFR 1926.53 applies to ionizing radiation hazards in the construction industry. That standard incorporates by reference provisions that are comparable to those contained in 29 CFR 1910.1096.
You also asked several questions in your letter and in your meeting with Mr. Smith concerning the application of 29 CFR 1910.1096 to conditions in the workplace. For your information I have enclosed a copy of an OSHA memorandum dated August 16, 1989 addressed to the OSHA Training Institute. This document provides current OSHA policy on the requirements for application of 29 CFR 1910.1096 to radon in the workplace. I trust the information contained in the memorandum is adequate.
Sincerely,
Patricia K. Clark
Director Designate
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]