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Radiation management escalated enforcement action

Enforcement response policy

Penalty policy

Our goal is to ensure a high rate of compliance with the requirements of the Radiation Control Act, at Section 25-11-101, CRS through 25-11-305, CRS, and the Colorado Rules and Regulations Pertaining to Radiation Control, at 6 CCR 1007-1.

  • Establish a comprehensive monitoring and inspection program and address the most serious violators with timely, visible and effective enforcement actions.
  • Timely, visible and effective enforcement action will return the facility to compliance as quickly as possible and deter future non-compliance at the subject facility and other facilities.
  • We have the ability to impose escalated enforcement when we determine that the licensee has repeated violations or has had a significant breakdown in operations or management that could affect compliance or overall health and safety.
    • Escalated enforcement will generally be conducted through additional non-routine inspections and the issuance of a Unilateral Compliance Order.
    • The order or action may also result in prescribed corrective actions, the institution of a civil action, monetary penalties, or license or registration revocation.

2023

Escalated Enforcement associated with radioactive materials licensing

  • October 2023
    • Terracon Consultants, Inc.; License Number: CO 664-01; Compliance Order 23-
      10-30-01; 4 violations (1 severity level III) including a repeat violation from
      Compliance Order 15-12-09-01 and failure to control radioactive materials;
      $4,400.

2021

Escalated enforcement associated with radioactive materials licensing

  • June 2021:
    • Poudre Valley hospital: CO 123-01, Compliance Order 21-06-16-01; 8 violations (4 severity level III) including the failure to immediately assess an attempted unauthorized entry into the security zone; $20,500.
  • March 2021:
    • Geocal, Inc., License number: CO 894-01, Compliance Order 21-03-03-01; 16 violations (1 severity level III) including the failure to establish and implement an adequate radiation protection program appropriate for the use of radioactive materials in portable nuclear gauge applications; $7,275.00.
    • RockSol Consulting Group, Inc., License number: CO 1020-01, Compliance Order 21-03-02-01; 1 violation (severity level III) for the loss of control of radioactive material; $3,500.
    • TechCorr USA Management, LLC, License number: CO 1270-01, Compliance Order 21-03-03-02; 18 violations (4 dismissed, 4 severity level III) including a systematic failure implementing multiple Part 22 requirements; $11,299.

2020

Escalated enforcement associated with radioactive materials licensing

  • October 2020:
    • Intermountain Testing Company, License CO 060-01, Compliance Order 20-10-07-01; 17 violations (1 severity level I, 4 severity level II, 9 severity level III) including a failure to limit the dose in an unrestricted area to less than 0.02 millisievert (2 millirem) in any one hour while performing industrial radiography in a high traffic area with limited oversight; $104,010.50.
  • May 2020:
    • High Mountain Inspection Service, Inc, License CO 1042-01; Compliance Order 20-03-16-01; 7 violations (1 severity level 4) including a citation for intentional falsification of survey meter calibration record; $1,300.00. 
    • Cesare Inc, License CO 704-01; Compliance Order 20-03-16-02; 3 repeat violations dating as far back as 2005 that include failure to conducting leak tests and conducting U.S. DOT training for individuals shipping radioactive materials; $3,263.38.
  • February 2020: 
    • Swedish Medical Center, license CO 251-02; Compliance Order 20-02-05-01; 4 violations (1 Severity Level I) including a failure to appropriately measure and calculate the Strontium-82/Rubidium-82 and Strontium-85/Rubidium-85 concentrations over 4 days; $63,000.

2018

Escalated enforcement associated with radioactive materials licensing

  • October 2018:
    • National Inspection Services, LLC; license CO 1159-01; Compliance Order 18-10-01-01; 3 violations (2 Severity Level III) including improper surveys and security related violations; $8,800.
  • May 2018:
    • Earth Engineering Consultants, LLC; license CO 867-01; Compliance Order 18-05-02-01; 6 violations (including 3 repeat violations of Compliance Orders 08-08-06-01 and/or 12-12-03-01); $20,000.
  • July 2018: 
    • Halliburton Energy Services, Inc.; license CO 120-01; Compliance Order 18-06-25-01; 2 violations (1 Severity Level III) including failure to properly follow DOT requirements; $3,600.
  • September 2018:
    • Entech Engineering, Inc.; license CO 673-01; Compliance Order 18-08-22-01; 1 violation (1 Severity Level III) including loss of control of radioactive material; $2,600.

2017

Escalated enforcement associated with radioactive materials licensing

  • December:
    • TechniScan, Inc.; license CO 870-01; Compliance Order 17-12-18-01; 7 violations (1 Severity Level III) including a failure to fully implement an adequate radiation protection program; penalty dismissed in lieu of a submitted license termination application.
  • August:
    • Acuren Inspection, Inc.; license CO 997-01; Compliance Order 17-08-21-01; 2 violations (1 Severity Level III) including a failure to restrict entry into a radiation area; $4,000.
    • Mistras Group, Inc.; license CO 963-01; Compliance Order 17-08-02-01; 3 violations (1 Severity Level III) including a failure to use a survey instrument when approaching an industrial radiographic device; $3,400.
  • April:
    • Rocky Mountain Gamma Knife Center, LLC; license CO 857-01; Compliance Order 17-04-05-01; 10 violations (1 Severity Level III) including failure to immediately detect, assess, and respond to any actual or attempted unauthorized access to the security zone; $3,600.

2016

Escalated enforcement associated with radioactive materials licensing

  • December:
    • Professional Service Industries, Inc.; license CO 928-02; Compliance Order 16-12-21-01; 2 violations (2 Severity Level III) including failure to properly secure and transport radioactive materials; $4,400 penalty, $4,400 SEP payment.
  • November:
    • National Jewish Health; license CO 222-03; Compliance Order 16-11-16-01; 8 violations (1 Severity Level III, 7 Severity Level IV) including failure to ensure all individuals given unescorted access to radioactive materials in quantities of concern have been deemed trustworthy and reliable; $4,000.
  • September:  
    • Parkview Medical Center; license CO 202-01; Compliance Order 16-09-26-01; 9 violations (1 Severity Level III, 8 Severity Level IV) including authorized users signing written directives that were not on the license to do so; $2,000.
  • June:  
    • Peak Veterinary Specialists and Emergency Hospital, LLC and Dr. Jennifer M. Pearson; license CO 1212-01; Cease and Desist Order 16-06-27-01; 16 violations (1 Severity Level II and 5 Severity Level III) including abandoning radioactive material and improperly releasing a controlled area for unrestricted use; $1,217,139.
    • Team Industrial Services, Inc.; license CO 388-01; Compliance Order 16-05-26-01; 5 violations (2 Severity Level III violations) including failure to properly secure radioactive materials; $8,000.
  • March:
    • ​Department of Public Works - Engineering Division; license CO 600-01; Compliance Order 16-02-22-01; 10 violations (1 Severity Level III) including failure to implement an adequate radiation protection; $7,023.
  • February:
    • Premier NDT Services, Inc.; license CO 1162-01; Compliance Order 16-02-03-01; 9 violations (3 Severity Level III violations) including performing industrial radiography without a certified radiographer directly observing operations; $15,600.

2015

Escalated enforcement associated with radioactive materials licensing

  • December:
    • Terracon, Inc.; license CO 664-02; Compliance Order 15-12-09-01; 1 violation including failure to maintain two independent physical controls for a portable device; $2,600.
  • November:
    • Applus RTD USA, Inc.; license CO 1191-01; Compliance Order 15-10-22-01; 4 violations including failure to maintain two independent physical controls for a portable device; $5,200.​
  • July: 
    • Martin Marietta Materials, Inc, license CO 477-02, Compliance Order #15-07-01-01, fifteen violations including multiple repeat violations of Compliance Order #10-03-22-01, $24,418.

2014

Escalated enforcement associated with radioactive materials licensing

  • November:
    • Exempla Good Samaritan Medical Center, license CO 1083-01, Compliance Order #14-11-06-01, two violations including authorized users signing written directives that were not on the license to do so, $4,000.
  • October:
    • A.G. Wassenaar Inc., license CO 212-01, Compliance Order 14-10-01-01, two violations from two separate incidents involving a loss of control of radioactive materials, $6,800.
    • Production Logging Services Inc., license UT 2400260 (working in Colorado under reciprocity), Compliance Order 14-10-23-01, seven violations including leaving radioactive material in an unsecured location, $11,600.
  • September:  
    • De-Rey Engineering Inc., license CO 1097-01, Compliance Order 14-09-11-01, one violation for failure to utilize a minimum of two independent physical controls to secure a portable gauge, $2,800.
  • July:  
    • High Mountain Inspection Service, license CO 1042-01, Compliance Order 14-07-09-01, 2 violations including operating without a radiation safety officer for approximately 6 months, $2,528.
  • June:  
    • Hepworth - Pawlak Geotechnical Inc., license CO 875-01, Compliance Order 14-06-17-01, two violations including violations of Compliance Order 07-12-21-01, $4,456.
  • ​May:
    • Heart Center of Colorado LLP, license 844-03, Compliance Order 14-05-28-01, seven violations including leaving radioactive material in an unsecured location, $14,160.
  • March:
    • Andrew Grass, Compliance Order 14-03-18-01, six violations, including the failure to provide complete and accurate information to our inspectors during an incident investigation. Suspended from participating in all licensed activities involving radioactive materials for two years.
  • February:
    • Thrubit Inc., Compliance Order 14-02-11-02, eight violations, including the failure to immediately report the loss of a 1.56 Curie Cs-137 well-logging source, $36,400.
    • Martinez and Associates, Compliance Order 14-02-11-01, four violations, including the failure to provide adequate security for a portable gauge, contributing to its theft, $3,560.