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					FAQ’s

FAQ #1


       This law does not apply to me, why should I do anything? (Catagorical Exemptions)


Point 1. The FCC stated, "All licensees must comply with the MPE limits given in Section 1.1310 of the rules,
there are no exceptions. Categorical exclusions are given to those licensees that under most situations would
not cause a compliance problem by themselves. They are still bound by the MPE requirements though. As
soon as the licensee co-locates with another, the licensee must take into account existing fields caused by
these entities. If there are areas that exceed 100% of the applicable limit then those that are contributing
more than 5% of the applicable limit are responsible for compliance. The last licensee to a site is always
responsible for making sure that fields they add (even if under 5%) will not cause the site to become non-
compliant." The only sure way to know if you are within the standards is to conduct an MPE.
Catagorical Exclusions

Point 2. In the Personal Communications Industry Association (PCIA) RF Workshop of October 23, 1997,
PCIA concluded that "Categorical Exclusion" from performing a "routine environmental evaluation" does NOT
mean the subject antenna will comply with FCC rules on human exposure to RF fields.

PCIA concluded that: "Even if antennas are categorically excluded from environmental evaluations, RF fields
in their vicinity can still exceed the MPE limit for worker exposure. Categorical exclusion does not relieve the
licensee from an obligation to comply with the MPE limit. In fact, unless the licensee takes appropriate
measures to mitigate potentially excessive worker exposure at a categorically excluded antenna, the facility
will technically not be in compliance with the FCC human exposure rules."

Point 3. In a letter form the Cellular Telecommunications Industry Association (CTIA) dated April 8, 1998, in
an addendum to the article "EME Design and Operation Considerations for Wireless Antenna Sites" ......CTIA
states:......"Contrary to the rules of the FCC, OSHA's regulations apply to all employers with employees who
may be exposed to strong RF fields in the course of their work, irrespective of whether the employer is an
FCC licensee or not." Finally, OSHA has stated that it will apply the revised rules of the FCC in citing
employers for violations relative to RF exposure. All wireless operators, site managers and site sub-
contractors are encouraged to initiate, if they have not already done so, an RF safety program within their
companies to insure compliance with both the FCC and OSHA requirements."

Point 4. The FCC states that the Environmental Policy Act of 1969 does not allow "grand fathering." If you
renewed before October 15, 1997, there is a "cut off" date of September 1, 2000, at which time all of the
FCC's licensees must be in compliance.

Point 5. Furthermore, on applications for radio transmitters the licenses state: "Applicant certifies that grant
of this request would not have a significant environmental effect as defined by 47 CFR 1.1307, including
compliance for applicable standards for human exposure to radio frequency radiation."

The box underneath the above statement on the application form states: "Willful false statements made on
this form are punishable by fine and/or imprisonment (U.S.C. Title 18, Sec.1001), and/or revocation of any
license or construction permit (U.S.C., Title 47, Sec.503)."

IN Summation: OSHA states that there is no "categorical exclusion from OSHA" for any transmitter that
exceeds the FCC MPE limits.

The only way to have liability protection from fines or lawsuits (if you are not in compliance with MPE) is to
conduct, at a minimum:
· An MPE analysis
· Have a written safety plan for your sites and shops, and
· Train your workers.
FAQ #2


                     What if I don't own or control the site? I'm only a licensee.


The FCC states: "The key trigger with respect to our RF exposure rules is the existence of an accessible area
where RF field levels will exceed our MPE limits." (FCC 97-303, par 70)

FCC 97-303 also states: "Responsibility is to be shared among those transmitter facilities contributing above
the 5% threshold at a non complying area." FCC 97-303 (in other words, site MPE data is mandated)

Furthermore, If you are collocated with another transmitter that renews after October 15, 1997 and you
contribute more than 5% of the applicable guideline to the area in question, you must also come into
compliance with the new guidelines at that time.

...the Commission has concluded that “responsibilities pertaining to RF electromagnetic fields properly
belong[] with our licensees and applicants, rather than with site owners.” If in fact Infinity signed away
rights that would have enabled it to meet its obligations under the rules, the Commission certainly would not
consider that a mitigating fact in Infinity’s favor. (FCC 04-281)

But our policy encouraging collaboration does not insulate licensees from enforcement action for violations.
In neither the Rules nor the RF Second Memorandum Opinion and Order, does the Commission suggest that
anything other than the “traditional enforcement model” be used with respect to a licensee that has willfully
and repeatedly violated the Commission’s rules. (FCC 04-281)




FAQ #3


         How can the FCC do inspections on my site without needing a Search Warrant?


FCC has the right to inspect ALL covered radio equipment at any time... The FCC agents have the authority
to inspect all radio equipment; even if you do not have a license, the FCC can still inspect your equipment or
site without unnecessary delay.

One of the requirements as a licensee, or non-licensee subject to the Commission's Rules, is to allow
inspection of your radio equipment by FCC personnel. Note (as required whenever the FCC feels there is a
need to). Whether you operate an amateur station or any other radio device, your authorization from the
Commission comes with the obligation to allow inspection. Even radio stations licensed under a "blanket"
rule or approval, are subject to the Commission's inspection requirement.



FAQ #4


         I'm just a contractor working at sites. What can I do? What do I need to know?


At the National Association of Tower Erectors annual conference in San Diego, 1997, the voting membership
voted that, as a part of an OSHA acceptable tower climber program, "All certified tower climbers must
receive RF safety training".

OSHA CFR 1910.268 (c) states in part: "Where training is required, it shall consist of on-the-job training or
classroom-type training or a combination of both. The employer shall certify the employees have been
trained by preparing a certification record which includes the identity of the person trained, the signature of
the employer or the person that conducted the training, and the date the training was completed." With the
new RF MPE standards safety training is now required.

Contractors must be responsible for worker safety as outlined in OSHA regulations. Contractors whose
workers may be exposed to RF radiation as a part of their employment should prepare a written safety plan
that outlines the steps needed to guard against exposure to RF radiation. This plan should account for both
routine and non-routine operations. RSI can prepare a written safety plan for your company.

You should also implement a written RF safety plan with record keeping to ensure that non-essential
personnel do not enter controlled areas. Anyone, including all employees, entering a controlled area must
follow the established procedures to ensure their exposure to RF radiation is below the allowable exposure
level.

Personal Protection Monitors and equipment should be employed when in RF radiation areas. Employees that
use personal protection equipment must be trained in its use, and the training must be updated annually as
part of the overall written safety plan as per the OSHA Personal Protection Equipment regulations. ( RSI has
the only complete RF training program in the industry.)




FAQ #5


                                What if I'm a site owner, not a licensee?


The FCC states that " a site owner can determine whether a licensee will be able to erect a fence to limit
public access in areas where the uncontrolled RF exposure limits may be exceeded. For sites where there are
multiple licensees, the site owner may be able to encourage the licensees to cooperate to find a common
solution to problems caused by multiple transmitters." In addition, the site must meet all OSHA regulations,
and the site owner must provide a safe environment for workers and the general public.

OSHA Head Getting Serious About Site Safety


Also under the National Environmental Policy Act (NEPA) if the site is required to have an FCC tower
registration number it must not jeopardize or threaten any one or any species (RF safety is now part of 47
CFR 1.1307-1.1319) and the owner of the site must certifies that the facilities do not cause exposure in
excess of the limits specified in the CFR and 2.1093 (Signage also applies here). Note: Failure to comply with
Tower Registration is the most cited rule in the telecommunications industry leading to up to $100,000's of
dollars in finds to site owners last year.Additionally, the site owner or other entity could be issued citations
under multi-employer workplace CPL 2-0.124.




FAQ #6


                  What do I have to do to ensure worker safety on my tower site?


Survey it: FCC statement: Some licensees have determined, by calculations or by other means that they
comply with the limits for the general public and have then assumed that they are fully compliant with our
exposure limits or otherwise categorically excluded from further action. In these cases, licensees have often
not considered their responsibilities to ensure compliance for workers who many have access to areas in
close proximity to antenna sites. See www.rsicorp.com for a copy of FCC 03-137
With respect to fixed transmitters, we (FCC) have found in implementing our RF exposure guidelines over
the past several years that in some cases licensees have failed to take note of the fact that they are
responsible for compliance with both the controlled limits as well as the general population/uncontrolled
limits. See www.rsicorp.com for a copy of FCC 03-137



Because RF energy is now recognized as a physical hazard, you must consider worker’s and the public’s
exposure when planning operation at communications sites, or for that matter, any location where RF
energy may be present.



An MPE maybe enough to meet FCC requirements in the far field but in the near filed on the tower, it does
not meet the requirements. The FCC requires occupational and general public testing and modeling is not
effective in the near field. When someone is on the tower, there are a number of factors involved that the
MPE does not calculate. The FCC ran a test case on this in HI and found that the MPE produced results
within the limits but when the FCC took actual readings the actual level was above the limits. Information on
recent citations can be found on the FCC webpage. OSHA does not accept modeling for any type of known
hazard in an occupational work space. RF along with noise, heat and cold stress, hand arm vibrations, laser,
ionizing radiation, microwave, and ultraviolet radiation are all physical hazards. OSHA will only accept real
world actual testing.



Therefore to meet FCC and OSHA standards actual hazard assessments must take place. If it is found that
the MPE is over the limits outlined in the government standards, action must be taken. This may include
equipment changes, an environmental assessment, and/or a safety plan. Companies, contractors,
government, shops, and sites are all included in having to comply. A general safety plan must be formulated,
and employees must be trained. Also, if employees are exposed to RF radiation at any time as part of their
employment, they must know the potential hazards associated with RF as part of the OSHA "Right to Know"
concept.



FAQ #7


              What do I need to do to come into compliance as an equipment owner?


At a minimum, all transmitters, MUST HAVE AN MPE ANALYSIS (those at multiple-user sites must understand
the 5% responsibility rule, Part 47 on license form). If it is found that the MPE is over the limits outlined in
the government standards, action must be taken. This may include equipment changes, an environmental
assessment, and/or a safety plan. Companies, contractors, government, shops, and sites are all included in
having to comply. If a general safety plan is formulated, employees must be trained. Also, if employees are
exposed to RF radiation at any time as part of their employment, they must know the potential hazards
associated with RF as part of the OSHA "Right to Know" concept.




FAQ #8


                                       What is an MPE evaluation?


A Maximum Permissible Exposure evaluation is a formula that takes into account several different variables
associated with energy emitted from a transmitter and antenna. RSI has created an efficient computer
program that can give the correct MPE data in an instant. The data is then printed out as a concise and easy
to understand graph with a written explanation of the result of the evaluation. The data is submitted on an
easy to understand RSI EME Emissions Inventory™ questionnaire provided by RSI. The RSI EME Emissions
Inventory™ is quick and painless.



FAQ #9


          My antenna is on a 1000 foot tower on a mountain. Why should I do anything?


The FCC states: "All FCC licensees, even those categorically excluded or below radiated power and height
criteria, are expected to be in compliance with the FCC's exposure limits. (RSI note: one must at least know
the MPE to meet this definition)…
It is the responsibility of all the licensees with co-located transmitters to ensure that individual contributions
of each transmitter do not cumulatively exceed the Commission's limits in an accessible area. Exposure to
RF levels below these levels is considered to have no detrimental biological effect by expert standards
bodies such the Institute of Electrical and Electronics Engineers, Inc. (IEEE) or the National Council on
Radiation Protection and Measurements (NCRP)".

Summation: Therefore, at a minimum, the telecommunication company must know their transmitter's MPE,
and if they have workers near or on that tower at any time for servicing the antenna or transmitter, the
workers need to have knowledge of the potential hazards under the OSHA "Right to Know" concept, and
should have personal protection equipment to guard against exposure to RF. These components should be
part of a general or site safety plan.



FAQ #10


                   Do I have to power down at all times when working at my site?


In certain RF environments, it may be inconvenient to power down or otherwise limit the amount of RF from
the antennas. It may then be necessary to use additional RF protection devices such as RF suits or RF
protective clothing. If these suits are employed, the worker may experience an increase in fatigue and
overheating due to the weight and characteristics of the suit. If these suits were to be used the personnel
using the suits would require extensive training.



FAQ #11


                          Don't RF Monitors protect me from strong RF fields?


RF Personal Monitoring Equipment (PPM)
* Are not designed for - nor should it be used to take measurements
* Require proper training of personnel per OSHA, but do not protect you from the hazard, they only provide
you with a means of warning
* Provide continuous monitoring in an area or for an individual only (no protection).
Caution - Wearing an approved personal RF monitor can only provide you with a means of warning yourself
of RF field strengths that may be above the standards. RF monitors can be a useful tool, but they may tend
to give you a false sense of security. You should never totally rely on an RF monitor, but instead use it in
conjunction with your knowledge of RF safety. Many telecommunications sites have a wide range of styles
of equipment, from PCS, cellular, and broadcast to high-energy microwave transmitters. The personal
monitor that is chosen must be compatible with the environment that you are working in (i.e., the correct
frequency range). Personal Protection Equipment



FAQ #12


                                        When should I use PPM's?


Personal monitors will be reviewed on an individual basis. If personal monitors are used, the appropriate
training will be provided at that time. Even units with limited frequency ranges can be very effective in
alerting the user of potential RF sources. If those sources fall within the monitor's frequency range (i.e. a
stand-alone cell phone site at 900 MHz using a PPM with a frequency range of 50 MHz to 2 GHz.) then with
appropriate training the limited range PPM would be appropriate



FAQ #13


    Who is required to pay for personal protective equipment (PPE and PPM's) (RF Suits and
                                           Monitors)?


OSHA has interpreted its general PPE standard, as well as specific standards, to require employers to
provide and to pay for personal protective equipment required by the company for the worker to do his or
her job safely and in compliance with OSHA standards. Where equipment is very personal in nature and is
usable by workers off the job, the matter of payment may be left to labor-management negotiations.
Examples of PPE that would not normally be used away from the worksite include, but are not limited to:
welding gloves, wire mesh gloves, respirators, hard hats, specialty glasses and goggles (e.g., designed for
laser or ultraviolet radiation protection or RF monitors), specialty foot protection (such as metatarsal shoes
and linemen's shoes with built in gaffs), face shields and rubber gloves, blankets, cover-ups and hot sticks
and other live-line tools used by power generation workers. Examples of PPE that is personal in nature and
often used away from the worksite include non-specialty safety glasses, safety shoes, and cold-weather
outer wear of the type worn by construction workers. However, shoes or outerwear subject to
contamination by carcinogens or other toxic or hazardous substances which cannot be safely worn off-site
must be paid for by the employer. Failure of the employer to pay for PPE that is not personal and not used
away from the job is a violation and shall be cited.



FAQ #14


                                       What is a Qualified Trainer?


QUALIFIED TRAINER - certified by a competent & qualified person to be able to adequately train, educate,
& monitor the company safety program.



FAQ #15


                  Do workers need training to use personal protection equipment?
With the passing of the OSHA Personal Protection Equipment Law, (PPE), employees must be protected
from hazards and have available the use of the right type of Personal Protection Equipment. RF Energy is
now classified as a physical hazard; RF Personal Protection monitors are included in this definition.

The "Personal Protection Equipment" standard stipulates that employees have access to and use personal
safety equipment supplied by the employer. This includes hearing and eye protection, respirators for hot
work, and if in an area with the potential for exposure to electromagnetic energy, RF monitoring equipment.
It is the primary responsibility of the employer to provide training to the workers on the use of the
equipment. RF monitors require training in their use to the same degree (competent and qualified) as is
required for any other personal protection equipment (PPE). For example, it is not enough to simply give a
novice tower climber a harness. Climbers must have adequate training in how to use the harness, thus
giving themselves confidence in their own training and qualifications.

If a company purchases RF monitors or suits, even before the first use of the equipment at the job site, the
employees must be trained and show that they are competent and qualified in their use. This training must
be updated as required. It is the employer or their designated person's responsibility to routinely inspect the
work area in order to monitor and abate possible or existing hazardous conditions in the work area. It is the
responsibility of business owners to know all the factors that affect their employees in their business. This
includes the safety regulations of various government agencies.

OSHA GENERAL STIPULATIONS: SUMMARIZED

All employees must use Personal Protection Equipment devices that are relevant to the specific task they are
involved in. Before initial use of said equipment, the employee must be trained in the use of the equipment,
and demonstrate that they are competent and qualified in the use of the equipment. The training must be
updated as required.



FAQ #16


                                 Does RSI offer tailor made Safety Plans?


RF Safety Plan
For the RF Safety needs of your organization/site, RSI will work closely with you/your staff to develop a
company specific comprehensive RF Health & Safety Plan. RSI will begin the project by reviewing any existing
safety policies that are already in place for your organization. Performing hazard assessments for the pre-
determined "worst-case" sites will be the next step. RSI will then provide written documentation for the FCC
and OSHA outlining how your program was developed. The following issues will be considered during
preparation of an RF safety plan:

· Radio frequency radiation (RFR) safety procedures, which will include:
· Procedures for adding new transmitters to a site
· Procedures when working in RF radiation areas
· Proper use of RF personal protection equipment and monitors
· Procedures when monitors are triggered
· Procedures for identification and control of RF hazard areas
· Company RF safety procedures
· OSHA competent person designation
· RF Safety inspection checklist
· Non-routine tasks, which will provide a brief outline of significant issues not addressed elsewhere in the plan
· Provisions for ensuring and notifying subcontractors regarding potential RF hazards and ensuring that they
understand and commit to comply with your RF safety plan

RSI can also assist organizations/sites with a site owner letter addressed to all tenants and contractors and
execute a mail out as a third party with ongoing follow up as needed.
Site Specific Safety Plans (Customer sites)
RSI can prepare Company Site Specific Safety Plans for your sites. RSI will work with your staff to establish an
effective and cost efficient plan to handle site specific needs once data is acquired and a general safety plan
has been completed.

General Safety Plan
For the overall safety needs of your organization/site, RSI will work closely with your staff to develop a specific
comprehensive comprehensive General Health & Safety Plan. RSI will begin the project by reviewing any safety
policies & procedures that are already in place for your organization/site. RSI will then provide written
documentation for OSHA outlining how your specific program was developed. The following issues will be
considered during preparation of a general safety plan:

· Personal Protective Equipment
· Fall Protection
· Environmental Awareness
· Contractor Accountability
· Hazard Communication
· Equipment & Tool Safety and Inspections
· Job Hazard Assessment & Analysis and Task Planning
· Hazard Recognition & Communication
· Lifting, Handling and Storage of Material
· Incident (near miss)/ Illness/ Accident/ Exposure Reporting
· Respiratory Protection
· Slips, Trips and Fall Protection
· Commitment to Accountability and Responsibility in the Workplace
· Provisions for ensuring and notifying subcontractors regarding potential RF hazards and ensuring that they
understand and commit to comply with your RF safety plan

It is important that within the Organizational Structure the following personnel are available, and are involved
in the implementation and enforcement of your Safety Program (inclusive of RF Safe Work Areas):

· COMPETENT AND QUALIFIED TRAINER - Certified by a competent & qualified person to be able to adequately
train, educate, and monitor an OSHA regulated company safety program.
· DESIGNATED PERSON - Competent and qualified person selected to perform a task involving employees in
the work place.
· AUTHORIZED PERSON - A person meeting the qualifications and is competent by the regulatory standards to
work. This person can also direct work in a work area containing possible or real hazards to an employee.

RSI is dedicated to the field of RF Radiation Safety Consulting offering complete programs and training. The
RSI staff continues to provide the best overall services in the telecommunications industry in this field.



 17 What fall protection standards apply to my group when working on a Roof or Tower?


                          INTERPRETATIONS AND CLARIFICATIONS
                              SUBPART M -- FALL PROTECTION
                                  (29 CFR 1926.500-503)


The following questions and answers have been prepared to assist employers, employees, and
compliance staff in determining what is required under the provisions of OSHA's recently revised
requirement for fall protection in the construction industry.

The Interpretations and compliance direction in this packet have been approved by OSHA's Office of
Construction and Maritime Compliance Assistance and will be considered the official compliance
interpretation for all OSHA offices.
For further information contact:

Office of Construction and
Maritime Compliance Assistance
(202) 219-8136 or write:
U.S. Department of Labor, OSHA
200 Constitution Avenue, NW, Room, N3610
Washington, DC 20210

February 1995

                                                                                    Interpretation M-1

Subject: §1926.500-Scope and Application.

Question: I deliver products to construction sites and sometimes am required to deliver the product
to a location that is 6 feet (1.8 m) or more above lower levels. Am I covered by Subpart M?

Answer: Yes, you are covered by Subpart M. Vendors and others are considered engaged in a
construction activity when they deliver products or materials to the construction site that are used
during the construction activity or when they are engaged in an activity that completes the
construction work, such as final cleaning of buildings and structures. If the construction contractors
picked up the products at the vendors outlet (store, warehouse, etc) the vendor would not be
considered to be covered by this standard.

Basis for Decision: Review Commission cases on similar concerns.

                                                                                    Interpretation M-2

Subject: §1926.501(b)(1) - Unprotected sides and edges.

Question: I am a supplier of rooting materials. I deliver roofing materials to the job and place the
material on the roof. What are my obligations?

Answer: Because your product will be used during the construction activity you will be required under
Subpart M to protect your employees from falls of 6 feet or more to lower levels when possible.
Therefore, employees must be provided with personal fall arrest equipment to attach to an anchor
point if available. In the case of vendors delivering roofing materials, OSHA will require the following:

Gaining Access to the Roof: A handhold (rope, chain, or other railing) must be attached to the
conveyer belt so that the employee has something to steady himself with as he gains access to the
roof or a ladder must be used to gain access to the roof.

Distributing the Roofing Materials: Once on the roof the vendor's employee will receive the roofing
products from a conveyor belt (lift truck or similar equipment) and then distribute the products onto
the roof at various locations. During this distribution process, OSHA will not require the vendor's
employees to install an anchorage point for fall protection equipment regardless of the
slope off the roof or the fall distance.

Basis for Decision: Delivering the materials directly to the roof eliminates hazards for other
employees on the job who otherwise would have to move the materials from ground level to the roof.
In recognition of this and in recognition that the roofing supplier will only be on the roof for a snort
period of time and focused on one task, OSHA is issuing this compliance interpretation. However, if
the contractor has a suitable anchorage point available for use by the vendor's employee, it should be
used.

                                                                                    Interpretation M-3

Subject: §1926.502(d)(16) Personal fall arrest equipment

Question: The provision in §1926.502(d)(16) requires that free fall distance be limited to 6 feet. It is
impossible to design an attachment point that will allow me to limit the free fall to 6 feet. What are
my obligations?

Answer: §1926.502(d)(16) also requires that the maximum arresting force be limited to 900 pounds
when the personal fall arrest system incorporates a body belt and 1800 pounds when the system
incorporates a body harness. If the employer has documentation to demonstrate that these maximum
arresting forces are not exceeded and that the personal fall arrest system will operate properly, OSHA
will not issue a citation for violation of the free fall distance.

Basis for Decision: U.S. manufacturers of fall protection equipment test their equipment in
accordance with test procedures prescribed in ANSI standards (ANSI A10.14 and ANSI Z359) which
calls for equipment to be tested based on a 6 foot free fall distance. Unless the equipment has been
tested for a free fall greater than 6 feet, the results are unknown. Therefore, if an employer must
exceed the free fall distance, the employer must be able to document, based on test data, that the
forces on the body will not exceed the limits established by the standard, and that the personal fall
arrest system will function properly.

                                                                                    Interpretation M-4

Subject: §1926.501(b)(10), (b)(11), and (b)(13)

Question: I am a roofing contractor. I perform new work as well as reroofing or recovering work on
homes. Which of the three roofing provisions apply to me.

Answer: Your work could fall into any one of the three provisions. The requirements of (b)(10) apply
if tile work is on a low-slope roof (slope less than 4 in 12). The requirements of (b)(11) apply if the
work is on a steep roof (slope greater than 4 in 12). In addition, because the roofing work is part of
residential construction, you may be eligible to develop and implement a fall protection plan, outlining
alternative provisions to those required in (b)(10) and (b)(11) if you can demonstrate that the
systems required to be used by these other provisions are infeasible or create greater hazard. The
following is provided for guidance:

If work on steep roofs involving application of hot or cold systems as sublayer, OSHA would permit
the use of the more flexible fall protection systems specified for low-slope roofs (warning lines and
safety monitor or safety monitor alone for roofs 50 feet or less in width) or other alternative systems.

If work on steep roofs involves installing shingles, OSHA would not accept alternative systems
because there are many, inexpensive, easy to use fail protection systems available for use on steep
roofs where shingles are to be installed. OSHA is unaware of any greater hazard or infeasibility
concerns for this type of work, but OSHA would certainly be willing to revise this guidance if
information is forthcoming to explain infeasibility/greater hazard concerns for steep roofs where
shingles are installed.

Basis for Decision: OSHA explained in the preamble to Subpart M, the reasons it believed greater
flexibility should be permitted when work was performed on low sloped roofs. These same arguments
have surfaced with regard to some roofing work on steep roofs. In particular, work that involves use
of hot tar or glues as a base before applying the finish roof products. Because conventional systems
may introduce new hazards or malfunction when hot tar and glue are used, OSHA will permit
employers greater flexibility. There is no known basis for permitting greater flexibility when shingles
are being installed.

                                                                                   Interpretation M-5

Subject: §1926.502(b)(5) Reinforcing steel and formwork.

Question: Am I required to be protected from falls at all times when climbing built-in place walls of
reinforcing steel?

Answer: The standard allows employers to choose from safety net systems, personal fall arrest
systems, or positioning device systems to protect employees on reinforcing steel. The employer may
choose any one of the three systems. If the employer chooses positioning device systems, OSHA
recognizes that it would not be possible to do the work - climb while carrying the rebar across the
arms, and continually connect and disconnect positioning device systems (including rebar chain
assemblies). Therefore, OSHA will not require continuous tie off, but will require employees to be tied
off when they reach their work location. (See attached letters of interpretation).

Basis for Decision: Because the activity - climbing the reinforcing steel walls - similar to climbing a
fixed ladder, OSHA will permit employees to climb the wall as high as 24 feet without continuous fall
protection. This is the same requirement it imposes for employees climbing fixed ladders.

                                                                                   Interpretation M-6

Subject: §1926.502(h)- Safety Monitoring Systems

Question: The type of work I perform permits the use of a safety monitoring system. Must I hire
someone whose only function is to serve as safety monitor or can any member of the work crew
serve as the safety monitor.

Answer: Employers are not required to hire a person just to be the safety monitor. Any member of
the crew could serve as the safety monitor as long as that person is a "competent person" and is not
given duties that would prevent him or her from fulfilling their assignment as a safety monitor. There
are several provisions under paragraph .502(h) with which the safety monitor must conform. In
particular, the monitor must meet the definition of "competent person" which is as follows:

§1926.32(f) Competent person means one who is capable of identifying existing and predictable
hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to
employees, and who has authorization to take prompt corrective measures to eliminate them.

Also, the monitor must be on the same level and be able to see and talk with the person(s) being
monitored. The monitor must be able to see and communicate with "all" the employees being
monitored. For example, the monitor cannot be on the first floor while the employees being
monitored are on the fifth floor or on the roof. The monitor need only monitor employees while the
employees are in the danger zone, on a flat roof, the danger zone is the area outside the warning
line. For leading edge work, the danger zone is the entire controlled access zone. A monitor does not
necessarily have a continuous function of monitoring. A member of the crew could be designated as
the monitor and be called upon when needed, enabling the monitor to be fully engaged in other work
when no monitoring function is needed. In some cases, two members of the crew may have to be
trained as monitors so that if one monitor is unavailable, the other one can take over. If there are
only two employees in the crew, one can be designated as the safety monitor. Monitors must be
trained to take their function seriously since this is the least protective of all safety measures.
Basis for Decision: It reflects the intent of the Final Rule.



18 What recordkeeping actions took place on January 1, 2002 and what is a OSHA 300 Form?
                          Frequently Asked Questions for
                    OSHA's Injury and Illness Recordkeeping Rule



This document provides general guidance about OSHA's revised recordkeeping rule and
provides links to more detailed guidance. The questions and answers in the Additional
guidance portion of this document do not themselves impose enforceable recordkeeping
or reporting obligations; such obligations are imposed only by the regulation. This version
was last updated on [11/21/01].

General Guidance

Question 1. Why is OSHA changing the 1904 regulation?

OSHA is revising the rule to collect better information about the incidence of occupational
injuries and illnesses, improve employee awareness and involvement in the recording and
reporting of job-related injuries and illnesses, simplify the injury and illness
recordkeeping system for employers, and permit increased use of computers and
telecommunications technology.

Question 2. What recordkeeping actions will take place on January 1, 2002?

A number of actions will take place on January 1, 2002, including:

The revised 29 CFR Part 1904, entitled Recording and Reporting Occupational Injuries
and Illnesses, will be in effect.

Three new recordkeeping forms will come into use:

- OSHA Form 300, Log of Work-Related Injuries and Illnesses

- OSHA Form 300A, Summary of Work-Related Injuries and Illnesses
(The 300 and 300A forms will replace the former OSHA Form 200, Log and Summary of
Occupational Injuries and Illnesses)

- OSHA Form 301, Injury and Illness Incident Report
(The 301 form will replace the former OSHA Form 101, Supplementary Record of
Occupational Injuries and Illnesses)

The Bureau of Labor Statistics (BLS)/OSHA publications: Recordkeeping Guidelines for
Occupational Injuries and Illnesses, 1986 and A Brief Guide to Recordkeeping
Requirements for Occupational Injuries and Illnesses, 1986 will be withdrawn.

All letters of interpretation regarding the former rule's injury and illness recordkeeping
requirements will be withdrawn and removed from the OSHA CD-ROM and put into the
OSHA Archive Set.

Question 3. How can I get copies of the new forms?
Copies of the forms can be obtained on OSHA's web site at http://www.osha.gov or from
the OSHA publications office at (202) 693-1888.

Question 4. Can I start using a 300 Log prior to January 1, 2002?

No. You must continue to keep a 200 Log for the remainder of 2001. Employers may not
start using a 300 Log until January 1, 2002, because this is the effective date of the new
regulation.

Question 5. Can I compare injury and illness rates generated from my OSHA
form 300, and the new regulation, to injury and illness rates generated from my
OSHA 200 Log under the old rule (i.e., compare 2001 data with 2002 data)?

The new recordkeeping rule changes some of the criteria used to determine which
injuries and illnesses will be entered into the records and how they will be entered.
Therefore, employers should use reasonable caution when comparing data produced
under the old 1904 regulation with data produced under the new rule.

Question 6. Are the recordkeeping requirements the same in all of the States?

The States operating OSHA-approved State Plans must adopt occupational injury and
illness recording and reporting requirements that are substantially identical to the
requirements in Part 1904 and which should also be in effect on January 1, 2002. For
more information, see the discussion under "States Requirements," §1904.37.
Detailed Guidance

Most of the questions that OSHA has received about the detailed provisions of the new
rule are answered in the regulation itself. However, other questions arise that are not
directly answered, and OSHA has developed additional guidance to help employers
comply with the recordkeeping requirements. The following table of contents provides
links to additional guidance, or, if additional guidance has not been developed, to the
regulation.

1904.0 Purpose

1904.1 Partial exemption for employers with 10 or fewer employees.

1904.2 Partial exemption for establishments in certain industries.

1904.3 Keeping records for more than one agency.

1904.4 Recording criteria.

1904.5 Determination of work-relatedness.

1904.6 Determination of new cases.

1904.7 General recording criteria.

1904.8 Recording criteria for needlestick and sharps injuries.

1904.9 Recording criteria for cases involving medical removal under OSHA standards.
1904.10 Recording criteria for cases involving occupational hearing loss.

1904.11 Recording criteria for work-related tuberculosis cases.

1904.12 Recording criteria for cases involving work-related musculoskeletal disorders.

1904.29 Forms.

1904.30 Multiple business establishments.

1904.31 Covered employees.

1904.32 Annual summary.

1904.33 Retention and updating.

1904.34 Change in business ownership.

1904.35 Employee involvement.

1904.36 Prohibition against discrimination.

1904.37 State recordkeeping regulations.

1904.38 Variances from the recordkeeping rule.

1904.39 Reporting fatalities and multiple hospitalization incidents to OSHA.

1904.40 Providing records to government representatives.

1904.41 Annual OSHA Injury and Illness Survey of Ten or More Employers.

1904.42 Requests from the Bureau of Labor Statistics for data.

1904.43 Summary and posting of year 2000 data.

1904.44 Retention and updating of old forms.

1904.45 OMB control numbers under the Paperwork Reduction Act

1904.46 Definitions



FAQ #19


        What makes a person 'Qualified', 'Competent', 'Designated' and/or 'Authorized'?


QUALIFIED PERSON - a qualified person is one who, by possession of recognized degree, certificate, or
professional standing, or who by extensive knowledge, training, experience, has successfully demonstrated
their ability to solve or resolve problems relating to the subject matter, the work or the project.

COMPETENT PERSON - one who is capable of identifying existing and potential hazards and has
authorization to take prompt corrective measures to eliminate them.
DESIGNATED PERSON - competent and qualified person selected to perform a task involving employees in
the work place.

AUTHORIZED PERSON - a person meeting the qualifications and is competent by the regulatory standards
to work and/or direct work in the work area containing possible or real hazards to an employee.



FAQ #20


   The FCC Agent said that I had to allow inspection of my radio station without unnecessary
                     delay. What does 'without unnecessary delay' mean?


Immediate on-the-spot inspections are generally necessary. In most cases, any delay can result in changed
conditions of the transmitting equipment or its operation, adversely affecting the efficacy of the inspections.

For that reason, Agents cannot return at a later time to accommodate the operator, cannot wait for the
operator to make any adjustments to the equipment, cannot wait for an attorney or supervisor to arrive or
cannot spend time repeating the reasons for the inspection.


FAQ #21


My boss didn't tell me anyone would come by to inspect our radio so I don't have to let the FCC
                                     inspectors in, right?


Wrong. The licensee is responsible for knowing the rules and those
include the FCC's right to inspect. Because the employer is responsible for
the acts of the employee, it is up to the licensee-employer to inform its
staff as to its responsibilities concerning the operation of the radio
station.

Both licensees and non-licensees must allow an FCC Agent to inspect their
radio equipment. Along with the privilege of possessing a license come
responsibilities such as knowing the applicable rules, including allowing
the station to be inspected. Licensees should be aware of the Commission's
right to inspect. Equally important, FCC Agents are allowed to inspect the
radio equipment of non-licensees.
Section 303(n) of the Communications Act of 1934, as amended, (Act) gives
the Federal Communications Commission the "authority to inspect all radio
installations associated with stations required to be licensed by any Act.


FAQ #22


              What hazards could a tower site impose on nearby construction sites?


Construction workers need to be aware of the dangers that communications and broadcast towers can
create hazards.

As it happens, the local utility, Hawaiian Electric Co., had hired RSI to train its workers on radiofrequency
exposure safety. Some of the workers had gleaned from the class knowledge about induction from
communications towers. Though thoroughly familiar with the phenomenon of induced current, or induction
related to 560 kilovolt, 60 hertz power lines, the phenomenon of induction of energy from nearby broadcast
or communications antennas was new to them.



FAQ #23


              I have less than ten employees. Am I exempt from OSHA regulations?


No. You may be exempt from the record keeping provisions, in some States, if you have less than 10
employees, however, you are not exempt from OSHA. 29 CFR 1904.17 does have wording for exemption
from record keeping for organizations with less than ten employees, however, everyone MUST provide a
safe work place for their employees.



FAQ #24


                       As a large broadcast entity, why should I do anything?


As a condition of licensing, nearly all licensed broadcasters should have been compliant with the new RF
Safety rules by Sept. 1, 2000. The rules have become more stringent. One fact has remained constant:
Broadcasters must take action to ensure that people are not exposed to radio frequency radiation (RFR) in
excess of the FCC limits. OSHA (on both state and federal levels) has become more actively involved in the
industry. The new NATE/OSHA partnership agreement mandates that 10% of the sites that NATE (tower
workers) members in this program work at, have inspections. These inspection reports can go to OSHA for
review. Broadcasters should be aware of these new requirements and that their sites may be under
inspection at any time.
Now, OSHA/FCC compliance requires broadcasters to create a written health-and-safety policy to identify
potentially unsafe work areas that may expose workers to RFR levels above the maximum permissible
exposure (MPE) level, and to develop safe working practices for anyone who needs access to those areas.
OSHA considers the written health-and-safety policy the cornerstone of compliance (this is a must). The
overall purpose of the written document is to adopt clear, concise programs (not just policies) on how the
site will be administered, the use of PPE ,( see
rfcomply.com/products_services/safety_training/minimum_requirements/) installation of signage, and the
steps which will be taken to ensure worker safety (training and enforcement of the rules required).
It must include practical/real-world considerations for each site, including the training of workers and to
adhere completely to the program.
rfcomply.com/products_services/safety_training

www.rfcomply.com/products_services/safety_plans-programs/plan_vs_policy/

John Henshaw, head of the Occupational Safety and Health Administration was the key note speaker at
NATE in Feb and told the group that he would be signing a letter stating that Equipment Owners and Site
Owners/ Managers would need to SERIOUSLY CONSIDER contracting with companies that have "real safety
programs". RSI has made these statements for years, Under multi-employer workplace law you are the
responsible party. Your group might be the Creating, Exposing, Correcting or Controlling employer or you
could full multiple roles under OSHA. Now this OSHA letter makes you the responsible party "IT Puts ALL
Licensees and Site owners on notice". In an April 18, 2003 letter, Henshaw said industry cooperation is
needed to address “a serious problem in the communications tower industry” that has claimed more than
150 lives over the past decade. “I ask that you seriously consider contracting only with tower erection
companies that have excellent safety and health records and that you require in your contracts the
following: (1) the erector comply with all OSHA requirements, and (2) all contracts with subcontractors
contain the same provision,” Henshaw stated. “In addition, these contracts should contain strong language
regarding the importance of good safety and health programs, employee training and education,”
Also on March 10, 2003, the FCC announced that it has revised its rules to strengthen the requirements for
the submission of truthful statements to the Commission. As amended, section 1.17 of the Commission’s
Rules prohibits written and oral statements of fact that are intentionally incorrect or misleading and written
statements of fact that are made without a reasonable basis for believing that the statement is correct and
not misleading. In requiring that submitters of written statements in fact-based adjudications and
investigations have a reasonable basis to believe that what they say is correct and not misleading, the
Commission is imposing on the submitters a duty of due diligence, including the duty to take appropriate
affirmative steps to determine the truthfulness of what is being submitted. The new rule is a clearer, more
comprehensive, and more focused articulation of the standards for truthful statements than the old rule.
The Commission also said that the new rule will enhance the effectiveness of its enforcement efforts.
The FCC has re-committed itself to enforcement of its rules. Jerry Ulcek, one of the writers of OET 65, is
currently leading an effort within the FCC’s Enforcement Bureau to develop inspection standards and
educate enforcement personnel with respect to non-ionizing-radiation topics. The FCC is currently doing
many reviews and has completed some new enforcement actions and this is just the start. see
www.rfcomply.com/press/
In most multiple-licensee situations (antenna farms), there are no effective power-down agreements. When
transmitting antennas are co-located, it is now required to have agreements with the other licensees
regarding times or windows in which licensees and site owners can ask the others to reduce power so that
maintenance operations can be performed safely. In densely-located broadcast sites, the RF energy from
one station’s facilities can be at or above the MPE limits at a neighboring site. You may not be able to have
someone safely climb a tower or work on your antenna without the cooperation of the another licensees.
Most of the time the tower climbers who are told, " put on this RF Suit and do the work", “Just get it done,
regardless of safety.” Too often, the cost of a delay associated with reducing power is considered ($$$), and
the safety of the workers goes without regard. This situation must be eliminated through proper multi-user
safety programs, outlining and defining the responsibilities of all parties.




FAQ #25


                                 Why do I need a written safety plan?


FEDERAL COMMUNICATIONS COMMISSIONFCC 96-326 Washington, D.C. 20554 In the Matter of ) )
Guidelines for Evaluating the Environmental ) ET Docket No. 93-62 Effects of Radiofrequency Radiation ) )
REPORT AND ORDER

The Occupational Safety and Health Administration (OSHA) has jurisdiction over Federal regulations dealing
with worker safety and health. In its comments, OSHA generally endorses our proposal to update our RF
exposure guidelines by adopting the new ANSI/IEEE guidelines. OSHA also urges us to require applicants to
implement a written RF exposure protection program which appropriately addresses traditional safety and
health program elements including training, medical monitoring, protective procedures and engineering
controls, signs, hazard assessments, employee involvement, and designated responsibilities for program
implementation. It notes that the exposure limits in the ANSI/IEEE guidelines may be useful in determining
when specific elements of an RF safety program should be implemented. However, OSHA objects to the two
categories of exposure environments contained in the new ANSI/IEEE standard, finding it unacceptable that
employees may be subjected to a higher level of risk than the general public simply because they "are
aware of the potential for exposure as a concomitant of employment." Rather, OSHA proposes that we
adopt the uncontrolled environment criteria as an "action limit" which determines when an RF protection
program will be required. That is, under OSHA's proposal, persons who are exposed in excess of the limits
specified for uncontrolled environments would be protected by a program designed to mitigate any potential
increase in risk.


FAQ #26


                          How Does the FCC Learn About A Rule Violation?
There are several ways that the FCC may learn about a possible violation of the Communications Act and
the FCC's rules.
Complaints
In most cases, a violation comes to the attention of the FCC through complaints filed by another licensee, a
competitor, consumer, or some other interested party. Complaints can be "formal" or "informal." Formal
complaints must contain certain information required by the FCC's rules and may be subject to a filing fee.
Informal complaints may be filed in letter format and generally must identify the name of the party alleged
to have violated the rule, location where the company or licensee operates, the specific rule alleged to have
been violated, and must describe the specific circumstances surrounding the alleged violation. Because the
Communications Act imposes a time limit or "statute of limitation" by which the Commission may take
certain enforcement actions (i.e., assess forfeitures) against specific violations, complaints should be filed as
soon as possible following the alleged violation.
FCC-Initiated Inspections and Investigations
The FCC's Enforcement Bureau, primarily through its agents located in 25 different places through the U.S.,
often conducts inspections of FCC-licensed facilities. Rule violations are often uncovered during these
inspections. The Enforcement Bureau also may conduct self-initiated investigations under certain
circumstances.


FAQ #27


                   What does it mean if my contractor is in the OSHA Partnership?


If so your site may be audited. NATE/OSHA partners will be involved in the process of conducting safety
audits to document that safety practices are being implemented according to the partnering agreement.
Those audits are to be submitted to the NATE office on a quarterly basis for 10% of the projects being
conducted by partnership companies. The audits must be conducted by a competent person on your job
site. The President or CEO of your company then attests through their signature that the audits are a
representative sampling of the audits performed by their company and are true and correct to the best of
their knowledge.

The NATE/OSHA Partnership will also recognize participants as being among the safest companies in the
industry.

The Partnership Inspection Checklist defines the best work practices that must be met by NATE members
participating in this program, and establishes precisely what OSHA will investigate on the jobsite of a
participating NATE member company. Ten percent of the companies participating in the NATE/OSHA
Partnership will receive OSHA focused inspections each year to ensure that the established practices are
being utilitzed.

NATE/OSHA partnering companies must have their crews and supervisory directors meet specific levels of
training. All onsite tower personnel must receive OSHA 10-hour or equivalent training. The focus of that
training must be specifically tower safety. Supervisory personnel for tower crews must obtain OSHA 30-hour
training or its equivalent. Again the training is to be specific to the factors facing tower workers.

FAQ #28


                     Why do people in the broadcasting industry need training?


This year marks the start of a four-year cycle for the filing of applications for renewal of licenses for radio
and television stations
throughout the country. When a station's application is completed, the licensee is required to make certain
statements about the station's RFR compliance with the Commission's environmental regulations.

See the RSI Press info on EA's
Stations should not wait until their renewal application is about to be filed before performing an RF radiation
evaluation.

Hazard Assessments
Since the last filing of a license renewal application the FCC/OSHA RF safety laws have changed, as well as
other changes that may have occurred at or near a station's transmitter site. The FCC may have approved a
power increase; the
antennas of other broadcast and nonbroadcast stations may now be located near the station's antenna
structure; the station may have expanded its studio or parking lot closer to the transmitter; or housing may
now surround the transmitter site. Depending upon the circumstances, a station might need to modify its
facilities to increase the distance of its antenna from the ground, to reduce power, or to make other
changes necessary to limit RF radiation exposure. Also training is required by both OSHA and FCC to work
on any broadcast site.
RF Site Safety Awareness
Accordingly, it is prudent to discover any problems now and work on a solution to resolve any problems, the
FCC is doing enforcment now.


FAQ #29


                          Is Extra Low Frequency (ELF) radiation a concern?


Yes, extremely low frequency (ELF) radiation includes alternating current (AC) fields and other
electromagnetic, non-ionizing radiation from 1 Hz to 300 Hz. ELF radiation at 60 Hz are produced by power
lines, electrical wiring, and electrical equipment. Current research has focused on potential health effects of
magnetic fields because some epidemiological studies have suggested increased cancer risk associated with
estimates of magnetic field exposure. Exposure to EMFs depends on the strength of the ELF at the source,
the distance from the source, and the duration of exposure. The (ACGIH) has established occupational
exposure guidelines for ELF radiation.


FAQ #30


        Should any state or local government agency also be contacted to determine the
               environmental effects of a situation listed under section 1.1307?


Yes. You should always contact any and all state and local government offices with responsibility over the
effected area, as some of these offices share jurisdiction over the area with a federal agency. In addition,
some states have environmental laws and regulations which may be more stringent than federal standards,
and you must comply with all relevant laws in addition to the Commission's NEPA rules.


FAQ #31


 Should the EA address all the categories even if only one or two of those listed categories are
                                       actually effected?


Yes. The EA should be comprehensive in its analysis by discussing the reasons why a particular category is
effected as well as the reasons why other categories are not effected by the proposed action. The
substantial portion of the analysis, of course, should address the categories which are effected by the
proposed construction.
http://wireless.fcc.gov/siting/npafaq.html
The FCC is required by the National Environmental Policy Act of 1969 to evaluate the effects of RF emissions
from FCC-regulated transmitters on the quality of the human environment. The Commission's RF emissions
rules are designed to protect public health by limiting the maximum amount of RF emissions to which a
licensee's facilities, in combination with other sources of RF emissions, may cause workers and the general
public to be exposed.
ALSO: Section 1.1307(a)(3) of the Commission’s rules, 47 C.F.R. §1.1307(a)(3), requires applicants,
licensees, and tower owners (Applicants) to consider the impact of proposed facilities under the Endangered
Species Act (ESA), 16 U.S.C. s. 1531 et seq. Applicants must determine whether any proposed facilities may
affect listed, threatened or endangered species or designated critical habitats, or are likely to jeopardize the
continued existence of any proposed threatened or endangered species or designated critical habitats.
Applicants are also required to notify the FCC and file an environmental assessment if any of these
conditions exist. The U.S. Fish and Wildlife Service (FWS) provides information that Applicants may find
useful regarding compliance with the ESA.
Both FCC Form 601 (Application for Mobile Radio Service Authorization) and FCC Form 854 (Application for
Antenna Structure Registration) contain question 28, which asks whether the licensee's proposed action may
have a significant environmental effect requiring an EA. If the licensee indicates "NO" to this question, no
environmental documentation is required to be filed with the Commission. However, the licensee should
maintain all pertinent records and be ready to provide documentation supporting its determination that an
EA was not required for the site, in the event that such information is requested by the Bureau pursuant to
section 1.1307(d).
If, after consulting the NEPA rules, a licensee determines that its proposed construction does fall under one
of the listed categories in section 1.1307(a) or (b), the licensee is required to notify that fact to the Bureau.
The licensee must answer "YES" to question 28 on any of the FCC Forms, and attach an EA to the form
filing. Once this question is answered "YES," the filing is treated as a "major environmental action."
Call RSI if you have any questions!


FAQ #32


Pacemakers and High RF Area. With regard to the issue of pacemakers, where does the liability
                                   issue begin and end?


  Specifically, is it the sole responsibility of the facility to screen for pacemakers? What is the
  role and therefore the liability of the referring physician, primary care physician and others
involved in the patients management? Have any of the cases of serious injury or death resulted
   in the filing of a malpractice suit - have damages been awarded, have cases settled out of
                                                  court?



As to the questions pertaining to the legal liability (I presume you are not interested in my response to the
ethical or moral liability), that is not an area in which I have, nor claim, any expertise. I therefore contacted
a (plaintiff's) medical malpractice attorney (Craig Frischman, Esq. of Kapetan Myers Rosen Louik & Raizman,
P.C., Pittsburgh, PA) here in Pittsburgh today and presented this question to him. He felt that a generic
answer to such a generic question would be that in all likelihood, the referring and/or primary care
physicians would typically NOT be held liable for an adverse outcome of scanning a patient that was
subsequently found to have an implanted pacemaker, unless they had knowledge of the hazard and failed
to act. The radiologist and the hospital/site, on the other hand, would certainly be prime candidates for him
to pursue, as it is their responsibility to ensure that only patients on whom this test can be performed with a
reasonable level of safety be permitted into the environment of the MR imager. The referring and/or
primary care physicians are relying on the radiologist/MR site to know how the test is performed - and on
whom it may be safely applied.

When I asked him regarding the MR nursing staff and/or MR technologists, he responded that their
responsibility would depend upon their role in permitting the patient to come within the environment of the
magnet. If those persons within the facility having responsibility to obtain a patient's history were
professionals in the field for whom it could have been demonstrated that they should have reasonably been
expected to be aware of the problems of placing a pacemaker patient into an MR scanner, they could
certainly be exposed as well. This is especially true if they failed to obtain adequate historical information
related to the hazard of a particular patient being exposed to the magnet. It is nonetheless obvious that
liability in this case is very fact dependent.
As to the question regarding whether or not there have been any cases of serious injury or death which
resulted in the filing of a malpractice suit, etc., there most certainly have been. Although I am not able to
discuss the specifics of cases in which I have been asked to become involved, I would be comfortable
stating that quite a few of which I am aware have settled out of court. The majority of the ones of which I
am aware have been "gagged" or kept as silent as can be - for rather obvious reasons - relatively
successfully avoiding potentially damaging publicity.
Finally, even when the adverse event has made it into what may sometimes be national news (e.g., literally
published in the New York Times), financial/legal outcomes to such cases are often not readily publicly
accessible.

E. Kanal

http://www.radiology.upmc.edu/MRsafety/q&a/pacer_liability.html



FAQ #33


     How safe is it to scan a patient with a tantalum steel plate in his head for a brain MRI?


The potential concerns for any implant or device that may be on or in a patient during MR imaging are
several. There is the potential consideration of ferromagnetic properties of the device/implant which may
result in translational or rotational sorces upon it if placed within the "sphere of influence" of the MR
imaging device. Further, there is also the possibility of induced voltages or currents within the implant by
the time varying gradient or radiofrequency oscillating magnetic fields of the MR imager during active image
acquisition. Potential safety considerations of this are that this may result in either neuromuscular excitation
and/or heating of the device or adjacent patient tissues (the latter possibly being of sufficient magnitude to
induce local thermal injury, or burn(s), in the patient).
It is possible to test for ferromagnetic properties of some implants, especially if they are sufficiently
superficial (such as in this case) that they can be accessed via a powerful hand magnet. If no attractive
response is observed, we would cautiously proceed with allowing the patient to slowly enter the
environment of the MR imager (although at the same time informing the patient that it is important that
they inform us immediately if they notice any feelings of pulling or tugging on the implant - or any unusual
sensations at all). It is not possible to absolutely predict what voltages and/or currents might be produced
by what implants with what imaging system, imaging protocols, etc. Nevertheless, experience (ours as well
as that of others) has demonstrated that there do not seem to be reports of difficulties in this regard that
have arisen as a result of scanning patients with metallic (non ferromagnetic) plates in their skulls. In the
University of Pittsburgh Medical Center, I have scanned numerous patients with such metallic
(non-ferromagnetic) plates - with no difficulties - since 1984/1985.
As long as we followed the guidelines described above, I would be willing to scan such a patient in my
institution if the implant tested negative for ferromagnetic attractive effects.

E. Kanal
10/27/95

http://www.radiology.upmc.edu/MRsafety/q&a/steel_plate.html



FAQ #34


                                 What are OSHA's inspection priorities?


Top priority are reports of imminent dangers -accidents about to happen; second are fatalities or accidents
serious enough to send three or more
workers to the hospital. Third are employee complaints. Referrals from other government agencies are
fourth. Fifth are targeted inspections - such as the Site Specific Targeting Program, which focuses on
employers that report high injury and illness rates, and special emphasis programs that zero in on
hazardous work such as trenching or equipment such as mechanical power presses. Follow-up inspections
are the final priority.


FAQ #35


                         What's the penalty for violating an OSHA standard?


OSHA penalties range from $0 to $70,000, depending upon how likely the violation is to result in serious
harm to workers. Other-than-serious violations often carry no penalties but may result in penalties of up to
$7,000. Serious violations may have penalties up to $7,000. Repeat and willful violations may have penalties
as high as $70,000. Penalties may be discounted if an employer has a small number of employees, has
demonstrated good faith, or has few or no previous violations. For more information on
OSHA penalties, see:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=28
87 or information on penalties in the OSHA Publication:
http://www.osha.gov/pls/publications/pubindex.list#2056

This link also contains a lot of other info useful for violations
a) Any employer who willfully or repeatedly violates the requirements of section 5 of this Act, any standard,
rule, or order promulgated pursuant to section 6 of this Act, or regulations prescribed pursuant to this Act,
may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for
each willful violation. 29 USC 666. Maximum allowed criminal fines under this subsection have been
increased by the Sentencing Reform Act of 1984, 18 USC § 3551 et seq., see Historical and Statutory Notes,
infra. (b) Any employer who has received a citation for a serious violation of the requirements of section 5
of this Act, of any
standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed
pursuant to this Act, shall be assessed a civil penalty of up to $7,000 for each such violation. (c) Any
employer who has received a citation for a violation of the requirements of section 5 of this Act, of any
standard, rule, or order promulgated pursuant to section 6 of this Act, or of regulations prescribed pursuant
to this Act, and such violation is specifically determined not to be of a serious nature, may be assessed a
civil penalty of up to $7,000 for each violation.
(g) Whoever knowingly makes any false statement, representation, or certification in any application,
record, report, plan, or other document filed or required to be maintained pursuant to this Act shall, upon
conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than six months, or by both.



FAQ #36


                   Who must keep records of work-related injuries and illnesses?


About 1.3 million employers with 11 or more employees-20 percent of the establishments OSHA covers-
must keep records of work-related injuries and illnesses. Workplaces in low-hazard industries such as retail,
service, finance, insurance, and real estate are exempt from recordkeeping requirements.

For more information on recordkeeping:
http://www.osha.gov/recordkeeping/index.html


FAQ #37
          Do I need to put up an OSHA poster in my workplace? Where can I get a copy?


Yes, all employers must post the federal or a state OSHA poster to provide their employees with information
on their safety and health rights. You may order a printed copy from the OSHA Publications Office at (800)
321-OSHA or download and print one from this website:
http://www.osha.gov/pls/publications/pubindex.list#3165



FAQ #38


                     Why do Broadcasters need Site Safety Awareness Training?


Mathematical calculation, information on E and H fields and predicting RF compliance will be addressed in
the training. Participation of attendees usually dictates how in-depth the training gets. This is not a dry
class. Not only will this training address mathematical calculations, on-site hazard assessments and what
equipment can be used to make acceptable ascertainment of compliance for FCC, but OSHA as well. You will
have fun too. Issues of site restriction (fencing) and signage requirements, induced-contact current
problems, backup batteries along with other site hazards will be discussed (i.e. chemicals, fuel-oil spills,
biohazards, spiders, snakes, gators, birds etc.). We will also address new and pending FCC/OSHA
requirements and how to handle FCC/OSHA inspections. It will address the new requirements in the FCC
303-S forms. The instructors are authorized OSHA outreach trainers that have 25 plus years experience in
telecommunications industry. This course counts for continuing education points with the SBE.

http://rfcomply.com/products_services/safety_training/classroom



FAQ #39


                         What are the FCC's environmental siting regulations?


http://wireless.fcc.gov/antenna/documentation/sitingEnvironmental.html

Siting and Environmental

Siting
...The Wireless Telecommunications Bureau maintains a Wireless Facilities Siting homepage, which contains
information on a variety of subjects concerning the siting of facilities for wireless telecommunications
providers.

Because Antenna Structure Registration only affects those structures that may pose a hazard to air
navigation (generally, those structures more than 200 feet tall or located close to an airport), ASR is not a
comprehensive database of all communications structures in existence. However, many of the siting issues
addressed on the Wireless Facilities Siting homepage affect all communications facilities, regardless of
whether they require registration under the ASR program.


RF Emission Compliance

...The Office of Engineering and Technology maintains information on the Commission's limits for human
exposure to RF electromagnetic fields on its RF Safety homepage http://www.fcc.gov/oet/rfsafety/.
Additional RF information is available on the Wireless Facilities Siting homepage.

With respect to antennas located on fixed structures, it is the responsibility of the respective licensees, not
tower owners, to undertake an environmental evaluation and file environmental assessments, if required,
due to non-compliance with our RF rules. See Public Notice
http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.doc (rel. Feb. 25,
2000)


NEPA

...Certain antenna structures require additional evaluation under the National Environmental Policy Act of
1969 (NEPA). If an environmental assessment is requires under NEPA for a proposed antenna structure
construction or alteration, the FCC will not issue a Registration until the environmental concerns are
analyzed and a "finding of no significant impact" is issued to the owner by the FCC. Form 854 contains a
box indicating whether a grant of a registration for the proposed antenna structure would trigger these
NEPA considerations.

The Wireless Telecommunications Bureau has posted general guidelines for NEPA compliance. The Wireless
Facilities Siting homepage also contains NEPA information.

Because NEPA compliance entails additional evaluations and coordination with other government agencies
and entities, an applicant whose project implicates NEPA should allot additional time for the registration
process.


Mass Media Bureau ASR Information

...The Mass Media Bureau's Policy and Rules Division maintains information about the Antenna Structure
Registration program, for the benefit of its licensees, at
http://www.fcc.gov/mmb/prd/dtv/lighting.html. The materials also include frequently asked questions
http://www.fcc.gov/mmb/prd/dtv/ about tower construction requirements related to digital television
(DTV)buildout.


NEPA is the basic national charter for protection of the environment. It requires all Federal agencies to
implement procedures to make environmental consideration a necessary part of an agency's decision-
making process. Specifically, NEPA and the regulatory guidelines established by the Council on
Environmental Quality which implemented the Act, 40 C.F.R. §§ 1500 et seq., require all Federal agencies to
take into account environmental consequences when making decisions which could be considered "major
federal actions."

As a licensing agency, the Commission complies with NEPA by requiring our licensees to review their
proposed actions for environmental consequences. Our rules implementing NEPA are found at Title 47 of
the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319
http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=1&SUBPART=I&TYPE=TEXT.

If a licensee's proposed action falls within one of the categories of 1.1307, requires the licensee to consider
the potential environmental effects from its construction of antenna facilities or structures, and disclose
those effects in an environmental assessment (EA) which is filed with the Commission for our review.
Section 1.1307 http://frwebgate.access.gpo.gov/cgi-bin/get-
cfr.cgi?TITLE=47&PART=1&SECTION=1307&TYPE=TEXT is divided into four parts:

1.1307(a): Lists eight areas or situations which are considered environmentally sensitive and requiring
preparation of an EA prior to construction.

1.1307(b): Requires an EA if the antenna transmitter would cause exposure of workers or the general public
to levels of radiofrequency RF) radiation in excess of certain guidelines. These guidelines were recently
revised. See Report and Order in ET Docket No. 93-62, FCC 96-326
http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt (released Aug. 1, 1996).

1.1307(c): Allows "an interested person" to petition the Commission to require environmental consideration
in its decision-making process where such analysis would not otherwise be required by the rules. The
petition must be in writing and detail the reasons justifying such an analysis. The Commission then reviews
the petition and will either require an EA or it may proceed without an environmental analysis.

1.1307(d): Allows the Bureau responsible for processing an action which may otherwise be excluded from
an EA, to require environmental consideration of that action upon its own motion.




FAQ #40


      Why is lockout required by OSHA when I'm working at some RF sites, and what is it?


Energy-Control Procedure (paragraph (c)(4)(i)). With limited exception, employers must document the
procedures used to isolate from its energy source, and render inoperative, equipment prior to servicing,
maintenance, or repair by employees. RSI note: RF safety( RF burns, shocks and heating), capacitors,
power supplies, and AC/DC power could be hazardous, no RF safety plan is complete without an energy
control procedure. These procedures are necessary when activation, start up, or release of stored energy
from the energy source is possible, and such release could cause injury to the employees. RSI can provide
your group with complete programs,see.
http://rfcomply.com/products_services/safety_plans-programs/total_program/

Paragraph (c)(4)(ii) states that the required documentation must clearly and specifically outline the scope,
purpose, authorization, rules, and techniques employees are to use to control hazardous energy, and the
means to enforce compliance. The document must include at least the following elements: A specific
statement regarding the use of the procedure; detailed procedural steps for shutting down, isolating,
blocking, and securing machines or equipment to control hazardous energy, and for placing, removing, and
transferring lockout or tagout devices, including the responsibility for doing so; and requirements for testing
a machine or equipment to determine and verify the effectiveness of lockout or tagout devices, as well as
other energy-control measures. The employer uses the information in this document as the basis for
informing and training employees about the purpose and function of the energy-control procedures, and the
safe application, use, and removal of energy controls. In addition, this information enables employers to
effectively identify operations and processes in the workplace that require energy-control procedures.

Periodic Inspection (c)(6)(ii). Under paragraph (c)(6)(i), employers are to conduct inspections of energy-
control procedures at least annually. An
authorized employee (other than an authorized employee using the energy-control procedure that is the
subject of the inspection) is to conduct the inspection and correct any deviations or inadequacies identified.
For procedures involving either lockout or tagout, the inspection must include a review, between the
inspector and each authorized employee, of that employer's responsibilities under the procedure; for
procedures using tagout systems, the review also involves affected employees, and includes an assessment
of the employees' knowledge of the
training elements required for these systems. Paragraph (c)(6)(ii) requires employers to certify the
inspection by documenting the date of the inspection, and identifying the machine or equipment and the
employee who performed the inspection. RSI can conduct inspections and certify the documentation, see.
http://rfcomply.com/products_services/hazard_assessments/

Training and Communication (c)(7)(iv). Paragraph(c)(7)(i) specifies thatemployers must establish a training
program that enables employees to understand the purpose and function of the energy-control procedures,
and provides them with the knowledge and skills necessary for the safe application, use, and removal of
energy controls. According to paragraph(c)(7)(ii), employers are to ensure that: Authorized employees
recognize the
applicable hazardous-energy sources, the type and magnitude of the energy available in the workplace, and
the methods and means necessary for energy isolation and control; affected employees obtain instruction in
the purpose and use of the energy-control procedure; and other employees who work, or may work, near
operations using the energy-control procedure receive training about the procedure, as well as the
prohibition regarding attempts to restart or reactivate machines or equipment having locks or tags to control
energy release. RSI can provide you with these training means, see
http://www.rsicorp.com/safetytraining/rf_training.html


When the employer uses a tagout system, the
training program must inform employees that: Tags are warning labels affixed to energy-isolating devices,
and therefore do not provide the physical restraint on those devices that locks do; they are not to remove
tags attached to an energy-isolating devices unless permitted to do so by the authorized employee
responsible for the tag, and they are never to bypass, ignore, or in any manner defeat the tagout system;
tags must be legible and understandable by authorized and
affected employees, as well as other employees who work, or may work, near operations using the energy-
control procedure; the materials used for tags, including the means of attaching them, must withstand the
environmental conditions encountered in the workplace; tag evoke a false sense of security, and employees
must understand that tags are only part of the overall energy-control program; and they must attach tags
securely to energy-isolating devices to prevent removal of the tags during use. Note: tag alone do not
replace the use of locks. Tags are required as part of the lockout program when locks are used.

Paragraph (c)(7)(iii) states that employers must retrain authorized and affected employees when a change
occurs in: Their job assignments, the
machines, equipment, or processes such that a new hazard is present; and the energy-control procedures.
Employers also must provide retaining when they have reason to believe, or periodic inspection required
under paragraph(c)(6) indicates, that deviations and inadequacies exist in an employee's knowledge or use
of energy-control procedures. The retraining must reestablish employee proficiency and, if necessary,
introduce new or revised energy-control procedures.

Under paragraph (c)(7)(iv), employers are to certify that employees completed the required training, and
that this training is up-to-date. The certification is to contain each employee's name and the training date.

RSI can certify that your employees are trained.

Training employees to recognize hazardous-energy sources and to understand the purpose and function of
the energy-control procedures, and providing them with the knowledge and skills necessary to implement
safe application,use, and removal of energy controls, enables them to prevent serious accidents by using
appropriate control procedures in a safe manner to isolate these hazards. In addition, written certification of
the training assures the employer that employees receive the training specified by the
Standard, at the required frequencies.

Notification of Employees (paragraph (c)(9)). This provision requires the employer to notify affected
employees prior to applying, and after removing, a lockout or tagout device from a machine or equipment.
Such notification informs employees of the impending interruption of the normal production operation, and
serves as a reminder of the restrictions imposed on them by
the energy-control program. In addition, this requirement ensures that employees do not attempt to
reactivate a machine or piece of equipment after an authorized employee isolates its energy source and
renders it inoperative. Notifying employees after removing an energy-control device
alerts them that the machines and equipment are no longer safe for servicing, maintenance, and repair.(1)

Outside Personnel (Contractors, etc.) (paragraph (f)(2)(i)). When the onsite employer uses an offsite
employer (e.g., a contractor) to perform the activities covered by the scope and application of the Standard,
the two employers must inform each other regarding their respective lockout or tagout procedures. This
provision ensures that onsite employers know about the unique energy-control procedures used by an
offsite employer; this knowledge prevents any misunderstanding regarding the implementation of
lockout or tagout procedures, including the use of lockout or tagout devices for a particular application.

Disclosure of Inspection and Training Certification Records (paragraphs(c)(6)(ii) and (c)(7)). The inspection
records provide employers with assurance that employees can safely and effectively service, maintain, and
repair machines and equipment covered by the Standard. These records also provide the most efficient
means for an OSHA compliance officer to determine
that an employer is complying with the Standard, and that the machines and equipment are safe for
servicing, maintenance, and repair. The training
records provide the most efficient means for an OSHA compliance officer to determine whether an employer
has performed the required training at the necessary and appropriate frequencies. RSI can provide you with
these training records, see http://www.rsicorp.com/safetytraining/rf_training.html



FAQ #41


    I did my RF calculations and the general public is ok, so I should be in compliance right?


Wrong per the FCC they state that, " Some licensees have determined, by calculations or by other means,
that they comply with the limits for the general public and have then assumed that they are fully compliant
with our (FCC) exposure limits or otherwise categorically excluded from further action ( See FCC 03-137) .
In these cases, licensees have often not considered their responsibilities to ensure compliance for workers
who may have access to areas in closer proximity to antenna sites. With respect to fixed transmitters, we
have found in implementing our RF exposure guidelines over the past several years that in some cases
licensees have failed to take note of the fact that they are responsible for compliance with both the
occupational/controlled limits as well as the general population/uncontrolled limits. To make it easier for our
licensees and grantees to interpret their responsibilities, we propose to explain in a note to Section 1.1310
of our rules that "fully aware" means that an exposed individual has received written and verbal information
concerning the potential for RF exposure and has received training regarding appropriate work practices
relating to controlling or mitigating his or her exposure (RSI Note: OSHA also states this per CFR
1910.1020) ...for instance, appropriate signage. We propose to specify that "exercise control" means that an
exposed individual is able to reduce or avoid exposure by administrative or engineering work practices, such
as use of PPE or time-averaging of exposure " .

Also the FCC states: For purposes of developing training programs for employees, we (FCC) note that
several resources are becoming available to provide guidance on appropriate RF safety programs. These
resources include services provided by commercial vendors. seewww.rfcomply.com



FAQ #42


                                    All FCC Forms ask about EA/NEPA


Both FCC Form 600 's (Application for Mobile Radio Service Authorization) and FCC Form 854 (Application
for Antenna Structure Registration) contain question 28, which asks whether the licensee's proposed action
may have a significant environmental effect requiring an EA. If the licensee indicates "NO" to this question,
no environmental documentation is required to be filed with the Commission. However, the licensee should
maintain all pertinent records and be ready to provide documentation supporting its determination that an
EA was not required for the site, in the event that such information is requested by the Bureau pursuant to
section 1.1307(d).

If, after consulting the NEPA rules, a licensee determines that its proposed construction does fall under one
of the listed categories in section 1.1307(a) or (b), the licensee is required to notify that fact to the Bureau.
The licensee must answer "YES" to question 28 on either FCC Forms 600 or 854, and attach an EA to the
form filing. Once this question is answered "YES," the filing is treated as a "major environmental action."



FAQ #43


 Does OSHA require employers with Industrial Heating Equipment and MRI's to do RFR safety
                              training for their employees?
OSHA requires training for any employee exposed to work place hazards. OSHA determined that RFR or
non-ionizing radiation is a physical hazard as long ago as 1972. The Federal Communications Commission
(FCC) issued new rigorous regulations pertaining to exposure to RF became final in Sept 1, 2000. The FCC is
now doing site inspections and enforcement of these rules, all RF Heating units are also controlled by the
FCC, they are FCC Type accepted or approved. The new FCC standards are as much as fifty times more
stringent than the old OSHA guidelines.

This means that employers with employees who may be exposed to RF above the uncontrolled levels must
train those employees in hazard recognition, and hazard avoidance. This training is required in order to
provide a safe work environment for your workers as well as yourself.



FAQ #44


                     Who needs an RF Hazard Assessment at an industrial site?


Any company operating heat induction units, heat sealers, RF dryers, hospitals, MRI machines, RF steel
tempering, RF soldering or welding.

An RF hazard assessment at an industrial site is similar in some respects to a telecommunications site but
very different in other aspects. Equipment is one of the major concerns. RF meters and probes for telecom
sites usually have a frequency range from about 300 KHZ to over 50 GHZ, however at industrial sites some
equipment runs at below 1KHZ so the equipment is very different. RSI has the only EFA3 (Wandel &
Goltermann) in the U.S. at the time of this writing. This unit reads electric and magnetic fields down to 5 Hz.
The assessment techniques are similar to those at a telecom site but the procedures are different with each
site and type and manufacture of RF equipment. This is due to the widely varied uses of this equipment, the
frequency ranges, and the power levels. Example: A steel soldering unit may run 7.5K W at 27 MHZ while a
unit for heating pie may run 3 MW at 290 Hz.

RSI has personnel who have dealt with these types of units for over 20 years and has on staff accredited
technicians for these types of units.



FAQ #45


                                            What is the NTIA?


The NTIA (National telecommunications and Information Administration) controls all Federal Government
radio systems, like the FCC does all private, broadcasting, state and, local government systems. NTIA as a
rule must follow all NEPA and OSHA rules also.


                                          Do you need to know where to post your required FCC tower number,
                46
                                         see:



Posting Guidelines
Section 17.4(g) of the Commission's Rules, 47 C.F.R. 17.4(g) states that, with the exception of certain historic
structures, "the Antenna Structure Registration Number must be displayed in a conspicuous place so that it is
readily visible near the base of the antenna structure. Materials used to display the Antenna Structure
Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna
structure."
A site owner who is considering whether the Registration Number is properly posted will want to keep in mind
the following principles. In addition to providing general guidance, they serve as the foundation for the answers
to the hypothetical situations listed below.
The Rules do not prohibit multiple postings of a Registration Number. An owner still unsure whether the
structure is in compliance may wish to post the Registration Number at several points along a perimeter fence, or
at both the gate to the access drive and adjacent to the base of the antenna structure.
Because the purpose of the Rule is to aid in the ready identification of antenna structures, owners are strongly
encouraged to identify the number as the FCC Registration Number.
The owner should rely on common sense when posting the number. Ask "is this readily visible to someone who
doesn't have access to the site?" If a location is conspicuous enough to post a "No Trespassing" sign or the
owner's name and logo, then it is likely an appropriate place to post the Registration Number.
Hypothetical Situations
Situation #1
A site located on a large acreage has a metal chain link fence surrounding the transmitter building and antenna structure. The
base of the antenna structure is not visible, even with binoculars. The roadway leading to the structure is accessible up to a
locked gate in the perimeter fence.


         Resolution: It would be appropriate to place the Registration Number (a) at the point of entry of the gate, or (b) the
point where the roadway leading to the tower intersects the gate. In both these locations, the Registration Number is clearly
visible.

Situation #2
A station painted the Registration Number on the concrete base of the tower. If this can be readily seen, is it appropriate?
When the Rule requires the use of weather resistant materials, does that include weather resistant paint on concrete?


        Resolution: If it is readily visible, the painted number is appropriate. Regardless of the materials used to post the
number, the number should be re-posted or repainted when a reasonable person cannot read the numbers due to weathering.
Because the Commission has not specified particular paints or posting materials to be used, the owner must assess the
"weather resistance" of the materials used to post the Registration Number. This will only become an issue if the number
cannot be read due to weathering.
Situation #3
The base of the antenna structure is surrounded by a 60-foot by 60-foot locked fence. Because of the placement of the
transmitter building, the antenna structure base is not visible from the entrance gate. To see the base of the tower, one has to
walk around the fencing (through weeds) to the back. At this point, the leg of the antenna structure is about 10 feet from the
base fencing. Posted about four feet above the ground is about a 2-inch by 4-inch sign. The words "FCC Antenna Structure
Registration Number" can be barely seen with binoculars while the number itself is not readable because it is faded.


          Resolution: The location, size, and weathering makes this posting neither readily visible nor legible. It would be
appropriate to post the Registration Number (a) on the gate to the perimeter fence, (b) on the transmitter building so that it is
visible from the front gate, or (c) near the base of the antenna structure, but within the line of sight from the gate. In general,
the type size should be larger the further away from the entrance gate the Registration Number is posted -- but a 2-inch by 4-
inch sign is too small in any location.
Situation #4
The antenna structure is surrounded by a 70-foot by 70-foot locked fence. The view of the base of the antenna structure from
the entrance gate is blocked by the transmission building. The Registration Number is posted near the base of the antenna
structure, which is approximately 30 feet from the side of the fence. The 10-inch by 10-inch sign, posted about 10 feet above
the ground, is visible only from the side of the perimeter fence. A person with good eyesight could probably make out the
numbers without the aid of binoculars.
         Resolution: If there is any doubt about the legibility of the sign, larger type size should be used. Additionally, this
sign should be placed so that it is visible from the front entrance gate. If an outbuilding blocks the view of the antenna
structure, the Registration Number may be posted (a) on the building, or (b) on the entrance gate.
Situation #5
The structure is located approximately 1/5 mile off a public road. A perimeter fence surrounds the site. In addition, a locked
gate is located where the access drive intersects the public road. The base of the antenna structure is not visible from the public
road. The Registration Number is posted at the base of the tower, but is not visible from the public road.


          Resolution: Here, the posting is neither visible nor legible without trespassing on the site. If the access drive gate is
always kept locked, the owner should post the Registration Number on the gate so that the number is visible from the public
road. If the Registration Number can be posted on or adjacent to the structure or transmitter building in large enough type size
to be visible from the public roadway without the aid of binoculars, this would also satisfy the posting requirement. If the
Registration Number is NOT VISIBLE from a point of public access, Enforcement Bureau personnel may have to set up an
on-site inspection to insure compliance with the Commission's regulations.
Situation #6
The structure is surrounded by a locked fence. A 2-foot by 2-foot sign, attached to one leg of the structure approximately 10
feet from the ground, reads "FCC ID # 0000000." The sign is readable from the gravel drive that leads to the perimeter fence.


        Resolution: This is in full compliance with the posting requirement. The number is readily visible. A member of the
public who discovers a lighting problem at the site could easily notify the Commission and identify the structure and the
Commission could in turn quickly notify the owner.
Situation #7
An antenna structure is located atop a large building. The Registration Number is posted at the base of the antenna structure,
not at the base of the building. The number is only visible from the building rooftop.


          Resolution: This is acceptable. In the Report & Order, the Commission "clarified the rules to require that the
registration number be posted at the base of the antenna structure, not the base of the building." If the base of the antenna
structure is on a part of the building to which the public does not have access, the owner should, upon reasonable demand by
representatives of the Commission, the FAA, or other requestors, (1) provide the Registration Number, or (2) provide access to
the site so that the requester can observe the Registration Number. Either option would be acceptable.
Situation #8
Section 17.4(g) of the Commission's rules requires posting of the ASR number, but does not specify when this posting
requirement takes effect. At what point during construction must an owner post the ASR number?


        Resolution: Because the ready identification of an antenna structure is critical in the event of a light outage or
malfunction, we interpret the posting requirement to require an owner to post the ASR number no later than the point of
construction where lighting (permanent or temporary) is first required. In the case of a structure that is not assigned lighting,
an owner must post the number no later than the time at which the structure is topped out.

We realize that the construction site may be such that it is not practical to erect the permanent sign - either because it will be
blocked from view or may be damaged during construction. In this case, an owner may want to post the number on a
temporary sign during construction, and may want to consider putting it on the gate or fence, if that is practical. Otherwise, use
of a ground-mounted sign - similar to the "for sale" signs typically posted outside houses - would satisfy the requirement. An
owner may also wish to consider posting a copy of the 854R (the registration document) with those documents (such as
building permits) that must be posted at the site during construction.



FAQ #47


                                        How long can I be in the work area?


The amount of exposure and time is dependent on FCC’s MPE standard and the amount of documented
training the personal has had. With training, one can work unabated in the (YELLOW ZONE) up to the FCC’s
control limits (WARNING RED ZONE). Above the control limits, time averaging can be used only after full on-
site assessments of the levels of exposure and an effort to reduce or avoid exposure by administrative or
engineering work practices. Be aware, since Sept 2000 that each site user must also meet requirements
with respect to “on-tower” or other exposure by workers at the site (including RF exposure on one tower
caused by sources on another tower or towers). These requirements include, but are not limited to the
reduction or cessation of transmitter power when persons have access to the site, tower, or antenna. Such
procedures must be coordinated among all tower users. From FCC Form 303

From FCC viewpoint, licensees and applicants are generally responsible for compliance with both the
occupational/controlled exposure limits and the general population/uncontrolled exposure limits in Table 1
as they apply to transmitters under their jurisdiction. Licensees and applicants should be aware that the
occupational/controlled exposures limits apply especially in situations were workers may have access to
areas in very close proximity to antennas where access to the general public may be restricted.

The Commission’s RF guidelines incorporate two tiers of exposure limits, one for the general public
(“general population/uncontrolled” exposure) and another, less restrictive, tier of limits for workers
(“occupational/controlled” exposures). The occupational exposure limits are set well below the threshold
considered by experts to be potentially harmful, but are higher than those for the general population. The
difference in the acceptable exposure levels is based on the premise that workers are aware of their
exposure and have the knowledge and means to effectively control their exposure and also on the greater
potential for continuous exposure on the part of the public.

The occupational/controlled limits in our rules apply “in situations in which persons are exposed as a
consequence of their employment provided those persons are fully aware of the potential for exposure and
can exercise control over their exposure.” The limits for occupational/controlled exposure also apply “in
situations when an individual is transient through a location where occupational/controlled limits apply
provided he or she is made aware of the potential for exposure.”

The phrase exercise control means that an exposed individual is allowed to reduce or avoid exposure by
administrative or engineering work practices, such as use of personal protective equipment or time
averaging of exposure.

From the OSHA viewpoint of compliance, OSHA expects all employers to perform hazard assessments of the
workplace to determine ALL hazards present, not just RF exposure hazards. In fact, if the company or
contractor plans to use any type of Personal Protective Equipment (PPE), the hazard assessment is
mandated, per 29CFR 1910.132. In several other sections of the CFR (ex. CFR 1926.28) the regulation
requires employers to require “the wearing of appropriate PPE” in hazardous areas. Further more employees
who are required to wear such PPE shall be trained on the hazards and use of said PPE. The employer shall
verify that affected employees have received and understand the required training through written
certification. Where training is required, it shall consist of on-the-job training or classroom-type training or a
combination of both. 29CFR 1910.268(c)



FAQ #48


                  Can I use my Personal Protection Monitor to do time averaging?


The personal protection monitor device is not intended, nor should it be used for direct RF power density
measurements. The LED display is provided as a guide to assist in determining which direction to proceed to
vacate a hot zone. As with all personal protection monitors, worker training is mandated. Complete
familiarization to RF Safety and specific device training is the only way to assure proper operation and safe
work practice around sources of RF radiation.

The RadMan is the only personal protection monitor on the market that incorporates both an E (electrical)
field and H (magnetic) field sensor. The H (magnetic field) sensor will often alert to hot guy wires or metal
objects that are carrying the H field from nearby broadcasters along with E field (electric field) readings
(Note: The U.S. RadMan does not work below 3MHz). Also a 100% alarm does not mean that you have six
minutes in the area, 100% means it is over the work limit in fact it could be over 1000%!



FAQ #49


             RF Safety signs Update on Comm Tower Rules What do the signs mean?


Most all of the Wireless operators and Tower site owner groups and many states are using this outline for
installing RFR safety signs. Some older sites still have signs posted under the old 10 mw under OSHA CRF
1910.97 old standard posting the Warning sign at 10mw (Note: This is ten times higher in some cases that
the new FCC worker standard and they should be updated). The new FCC standard is down to .2mw for the
general population, now there are two standards workers and the General population exposure limits, the
following outline and color coding works better to warn workers of the Dangers. Anytime you work above
the worker standard there is Danger of RFR. The workers must be "know" before they go into that area of
the RFR Danger, they must be warned so the can control the hazard. The time is less than six minutes at
that point. Color coding at the site is easy: Blue Signs, you must have permission to be in the area "No
Trespassing", there also could be RF leaks or other signs warning you of higher levels.

OSHA's CRF 1910.145 Specifications for accident prevention signs and tags.

YELLOW IS A CAUTION AREA
(i) Caution signs shall be used only to warn against potential hazards or to caution against unsafe practices.
NOTE: The Uncontrolled Limit is OSHA's action limit. Note: This area is above the general public standard
and you must be trained to work in this area under caution.

WARNING (DANGER) SIGNS ARE RED.
(i) There shall be no variation in the type of design of signs posted to warn of specific dangers and radiation
hazards.
NOTE: Above the Controlled Worker Standard. You can not stay in this area more than six minutes.

RSI Note: See the word doc and the MP3 video clip we did with the FCC/OSHA a few years ago. The site
used in this RSI video is the Denver site that the FCC uses for training and follows this outline for signage.
It's easy to train people with this outline and makes good since, (Yellow signs are always caution areas and
Red signs are Stop signs, Danger areas). See this in the MP3 video clip Safety Signage:
http://www.rfcomply.com/products_services/safety_signage/index.php

(a) Scope. (1) These specifications apply to the design, application, and use of signs or symbols intended to
indicate and, insofar as possible, to define specific hazards of a nature such that failure to designate them
may lead to accidental injury to workers or the public, or both, or to property damage. These specifications
are intended to cover all safety signs except those designed for streets, highways, railroads, and marine
regulations.
(2) All new signs and replacements of old signs shall be in accordance with these specifications.
(c) Classification of signs according to use -- (1) Danger signs (Red). (i) There shall be no variation in the
type of design of signs posted to warn of specific dangers and radiation hazards. NOTE: Above the
Controlled Worker Standard.
(2) Danger signs(WARNING signs). The colors red, black, and white shall be opaque & glossy.
(ii) All employees shall be instructed that danger signs indicate immediate danger and that special
precautions are necessary.(ie safety plans and training)
(2) Caution signs. (i) Caution signs shall be used only to warn against potential hazards or to caution against
unsafe practices.
RSI NOTE: The Uncontrolled Limit is OSHA's action limit.
(ii) All employees shall be instructed that caution signs indicate a possible hazard against which proper
precaution should be taken.

Blue "NOTICE" signs should be posted at the point of access to the site such as at the site entrance gate or
near the door to the equipment rooms, as under certain circumstances the RF emissions at the site or in the
equipment room MAY exceed the uncontrolled/general population exposure limits.

Yellow "CAUTION" signs should be posted in areas where the RF assessment has determined RF emissions
exceed the FCC Uncontrolled/General Population exposure limits. These may include areas such as at the
bases of communications towers where if personnel were to climb may find themselves in RF fields that
exceed the FCC Uncontrolled/General population limits, but are less than the Controlled/Occupational limits.
Note: OSHA has stated that the uncontrolled criteria is the action limit for which a safety program should be
implemented.

Red "WARNING" signs should be posted in advance of the areas that have been determined to have RF
emissions levels that exceed the Controlled/Occupational RF limits or borderline Controlled-
Occupational/Above Controlled areas. This would include those areas with high power broadcast or paging
or areas within a few feet of most other antennas. Note: Personnel that require access to areas where the
RF emissions exceed the controlled limits should have a higher level of training in how to control their
exposure and limit excursions into the field to 6 minutes for 100% controlled limits, 3 minutes for 200%
controlled limits, and 1 minute for 600% controlled limits. An RF safety plan with training is mandated for
these environments.

Red "WARNING" signs Induced or contact current signs, should be placed at any sites with the potential for
induced current, i.e. broadcasting sites or industrial facilities with RF heating equipment "Danger areas"
(Note don't use metal signs in these areas, they can burn you!)


FAQ #50


                         I'm not the only licensee, what are my obligations?


Further, the FCC’s rules require that if the MPE limits are exceeded in an accessible area due to the
emissions of any transmitters, that actions necessary to bring the area into compliance “are the shared
responsibility of all licensees whose transmitters produce, at the area in question, power density levels that
exceed 5% of the power density exposure limit applicable to their particular transmitter.”
(FCC 04-281)

It is the unique intention of Section 1.1310 that the contribution of one station alone may not violate the
rule, while that station, when joined by the RF contribution of other stations whose total RFR contributions
exceed the MPE limits, may find itself in violation. (FCC 04-281)


FAQ #51


                         Why would each licensee be required to pay a fine?


It is the unique intention of Section 1.1310 that the contribution of one station alone may not violate the
rule, while that station, when joined by the RF contribution of other stations whose total RFR contributions
exceed the MPE limits, may find itself in violation. Consequently, we require licensees to work together to
ensure compliance. As each of the Mt. Wilson Licensees contributed over 5% of the total RFR exceeding the
MPE limits, each of the licensees is equally responsible for bringing the area into compliance, according to
Section 1.1307 of our Rules. Because the Mt. Wilson Licensees failed to bring the area into compliance, each
is liable for an individual $10,000 forfeiture, because of its contribution, pursuant to Section 1.1307(b), to
the violation of Section 1.1310 of our Rules. By allocating the full forfeiture amount to each of the Mt.
Wilson Licensees, we again remind all licensees at multi-user sites that they may be responsible for the full
amount of a public safety forfeiture if they do not comply with Sections 1.1307 and 1.1310 of our Rules.
(FCC 04-281)


FAQ #52
                             Why measurements instead of calculations?


When considering the contributions to field strength or power density from other RF sources, care should be
taken to ensure that such variables such as reflection and re-radiation are considered. In cases involving
very complex sites predictions of RF fields may not be possible, and a measurement survey may be
necessary . . . .
Bulletin 65 specifically states that at a multi-user site, such as an antenna farm, actual measurements of the
RF field may be necessary to determine whether there is a potential for human exposure in excess of the
MPE limits specified by the FCC. We therefore find that the calculations made by Telemundo in December
2003 do not disprove measurements made by the field agents in July 2002. Where public safety is at issue,
we prefer actual measurements to calculations at multi-user antenna sites.
(FCC 04-281)

Additionally, some states such as NC require that;
Employers shall ensure that each affected employee who works in an electromagnetic energy environment
with potential RF exposure in excess of the general population/uncontrolled MPE limits stated in 47 CFR
1.1310 has access to and understands the specific site information related to the RF energy and RF fields
present at each individual site.


(d) RF Safety Program. When employees are exposed to RF fields in excess of the general
population/uncontrolled MPE limits established in 47 CFR 1.1310 as a consequence of their employment, the
employer shall develop, implement, and
maintain a written safety and health program with site specific procedures and elements based on the
electromagnetic radiation hazards present, in accordance with 13 NCAC 07F .0609(g).


FAQ #53


                                     Where could I find RF hazards?


Anywhere there is RF equipment being used, like the processing and cooking of foods, heat sealers, vinyl
welders, high frequency welders, induction heaters, flow solder machines, communications transmitters,
radar transmitters, 802.11 wireless, ion implant equipment, microwave drying equipment, sputtering
equipment and glue curing.


FAQ #54


                Are all the readings going to be the same each time they are taken?


A. The FCC States that Obtaining different contribution levels at
different points in time is expected at sites (multi-user site RFR violations at
Mt. Wilson) that include daily changes in the RF environment based on what main or
auxiliary transmitters are operating at any given time at
variable power levels. It is precisely this type of publicly
accessible, complex, multi-user site that warrants licensee
cooperation to ensure the public is protected from exposure to
RFR levels above the MPE limit.

All of the (Mt. Wilson Licensees) were also required to
submit sworn statements ``describing their plans to ensure that
the fences surrounding the area are shut and that the gates are
locked. Each of the four Mt. Wilson Licensees exceeded the five
percent limit, therefore each share in the responsibility to
bring the area into compliance102 and make the non-compliant area
inaccessible to the public.


FAQ #56


                     How does the New North Carolina Fall Standard affect RSI?


The New North Carolina fall standard is now law as of Jan. 3, 2005: We received a copy the week of Jan 10.



RSI CORP must follow all sub parts.



13 NCAC 07F.0601

States that the standards applies even during the inspection of communication towers (unlike CFR 1926 sub
part M under with inspections are exempt from the sub part).

This means that all work above 6’ requires at least two employees including at least one competent person.



Any RSI work on rooftops, electrical transmission tower, church steeples, or water towers will require you to
build this cost into the bid.

The Client also needs to know that they must hire inspectors that follow this standard (they must follow it
with their own employees also) or they are in violation of the law under the NC Standard to. Ground level
surveys do not require this, or rooftops with 42” or higher guard rails (we don’t know if they have them until
we go to most sites).



The good part is that all sites in NC are required to have a hazard assessment analysis before any work.



There is also a record keeping part, 13 NCAC 07F.068 states that non-ionizing radiation exposure records
related to each analysis are to be use as part of the required training. (g) (2) States that: employees shall
have access to and understands the specific site information related to RF energy and RF fields present at
each individual site. The employer shall certify that employee has been trained by preparing a certification
record. The certification record shall be prepared at the completion of the required training. The most
current certification record shall be kept available for review by OSHA.


FAQ #57


  My radio station is going through a voluntary FCC inspection through our State’s Alternative
    Broadcast Inspection Program (ABIP). This inspection is sometimes referred to as ABI
  Program. Doesn’t this inspection measure and address my station’s RF exposure concerns?


No. Phrases such as, “neither this Agreement nor the inspection will cover inspection of, or analysis for,
compliance with the laws, rules, regulations or policies of the FCC or of any other federal, state or local
governmental authority relating to environmental matters, including, but not limited to, RF exposure”, are
stated in most ABIP agreements.

The inspection is conducted in the same manner and uses the same procedures as the Standard FCC
Enforcement Bureau’s full station inspection. The inspection generally covers review of the public
information files, station license, the emergency alert system, and daily and monthly transmitter logs.
Verification of proper transmitter power, tower lighting, and tower sign postings may also be a part of the
inspection.



FAQ #58


 A business located close to our AM radio station has hired a crane to lower an air conditioner
                   unit onto their rooftop. Should this be of concern to us?


Yes. Any conductive (metal) object in close proximity of high power RF fields can exhibit the potential for a
strong shock or burn.
As stated in OSHA Standard for Cranes and Derricks 1926.550(a)(15)(vii): Prior to work near transmitter
towers where an electrical charge can be induced in the equipment or materials being handled, the
transmitter shall be de-energized or tests shall be made to determine if electrical charge is induced on the
crane, but it does not include RF assessments or RF signage requirements.


FAQ #59


                  I am a government entity what regulations do I need to follow?


The most recent regulation is FCC 47 CFR 1.1310. This is the regulation most government entities are
following and the one NTIA has said it will use. Under the consensus standards the government uses the
most current standards adopted by a federal agency. One difference, the government entities (NTIA) are
also using the ANSI standard for induced and contact current.


FAQ #60


                           What is the best type of fence for an AM station?


The law says under 47 C.F.R. § 73.49 – Transmission System Fencing Requirements. Antenna towers having
radio frequency potential at the base (series fed, detuned, folded unipole, and insulated base antennas,)
must be enclosed within effective locked fences or other enclosures. However, individual tower fences need
not be installed if the towers are contained within a protective property Fence”.


A wood fence is ok if it is built strong and high enough. Court cases show that six foot is a good height. As
long as you can’t easily pull the boards off the fence it should be ok. Also you must make sure that people
and kids can not go under the fence. Induce and contact current safety is the main issue.


FAQ #61


              DO in building radio system using BDA’S have to follow the FCC rules?


Yes: A BDA is used to get cell phone (or other two way radio services) coverage inside of buildings and they
are subject to all the FCC and EA rules.

They can cause harmful interference. If this is the case, the RF MPE could be over the General public level
also.
All equipment must meet the MPE standard. The only way to know if a BDA is in compliance is to measure
inside the building. The FCC is starting to do field enforcement actions on these systems.

See
http://www.fcc.gov/eb/FieldNotices/2003/DOC-266448A1.html


FAQ #62


Does MPE Modeling meet OSHA requirements for worker safety on a site above the MPE level?


You can not blatantly ignore the OSHA safety standards and its required procedures.

A poster child case in Arizona (Aug. 2006), shows the importance of this when the president of the company
was convicted of negligent homicide. The tragic result of treating safety laws as optional can harm
employees. He failed to provide proper onsite safety testing equipment and training. The company was
fined $1.7 million for the death of two workers in a confined space where the company ignored OSHA’S
requirements to always do onsite testing to protect worker. OSHA stated that “they treated safety as
optional”. The attorney for the president argued that he was not on the job site and did not commit any act
to cause the workers deaths. Those arguments however did not prevent him from being convicted of
negligent homicide in violating this basic safety standard.

This case should certainly give any company officials pause when they consider not doing onsite testing,
and providing lockout tagout, training and equipment to their employees.

This can be applied to Com sites with RF levels above the safe levels and where no onsite testing has been
done and not having a good lockout program as required by OSHA under CFR 1910.147, (modeling will not
meet this OSHA long standing requirement).

SEE Aug. 2006 CA Worker Comp Alert page 7


FAQ #63


                              Do any states have specific RF regulations?


Alaska, Minnesota, Hawaii, North Carolina, Massachusetts, and Washington all have specific requirements in
their state OSHA programs. New Jersey has requirements for industrial applications in their environmental
regulations. Michigan and other states are in the process of writing new programs or updating current
programs.


FAQ #64


                                    Where are safety Plans required?


OSHA 29 CFR 1926.20(b)

Accident prevention responsibilities.

1926.20(b)(1)
It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to
comply with this part.

1926.20(b)(2)

Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment
to be made by competent persons designated by the employers.

Additionally1926.21(b)(2)

The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the
regulations applicable to his work environment to control or eliminate any hazards or other exposure to
illness or injury.
In addition to the federal standards the states of California, Hawaii, Michigan, Minnesota, Nevada, and
Washington have specific regulations.


FAQ #65


                                  Aren’t all 10 Hour classes the same?


NO

RSI conducts specific training and RSI has trainers who “Know RF Telecommunication Sites” from the top of
the tower to the inside of the equipment and the studio.

The most rewarding classes for students are the ones which they can relate to, because the trainer uses
examples, pictures and scenarios that come from the students own work environment. RSI has trainers who
“Know RF Telecommunication Sites” from the top of the tower to the inside of the equipment and the
studio. RSI’S 10 and 30 hour classes are different than a standard run-of-the-mill OSHA 10 hour
Construction class. OSHA requires specific training on the hazards that the employees many find at their job
site, anyway. RSI just combines this standard OSHA requirement with the 10 hour outreach training in one
class!! Even if you have a 10 card the RSI is going to help you do your job safer.



Many Companies and OSHA programs are now requiring Specific 10 hour training also SEE FAQ: #27

NATE/OSHA partnering companies must have their crews and supervisory directors meet specific levels of
training. All onsite tower personnel must receive OSHA 10-hour or equivalent training. The focus of that
training must be specifically tower safety. Supervisory personnel for tower crews must obtain OSHA 30-hour
training or its equivalent. Again the training is to be specific to the factors facing tower workers.



Also Training FAQ No. 4, 10, 11, 12, 13, 14, 15, 19, 20, 22, 23, 24, 28, 38

And Worker's Right to Know: No. 7, 14, 20, 24, 29, 32, 33, 37, 40, 45, 47, 49


FAQ #66


                     What do I have to do to ensure worker safety at my plant?


Survey it: FCC statement: Some licensees have determined, by calculations or by other means that they
comply with the limits for the general public and have then assumed that they are fully compliant with our
exposure limits or otherwise categorically excluded from further action. In these cases, RF equipment users
have often not considered their responsibilities to ensure compliance for workers who many have access to
areas in close proximity to RF equipment. See www.rsicorp.com for a copy of FCC 03-137


With respect to fixed RF equipment, we (the FCC) have found in implementing our RF exposure guidelines
over the past several years that in some users have failed to take note of the fact that they are responsible
for compliance with both the controlled limits as well as the general population/uncontrolled limits. ( the
General population applies until worker receive training See www.rsicorp.com for a copy of FCC 03-137


Because RF energy is now recognized as a physical hazard,(See OSHA CFR 1910.97) you must consider
worker’s and the public’s exposure when planning operation at any location using RF equipment sites, or for
that matter, any location where RF energy may be present.


Therefore to meet FCC and OSHA standards actual hazard assessments must take place. If it is found that
the RF is over the limits outlined in the government standards, action must be taken. This may include
equipment changes, an environmental assessment, and/or a safety plan. Companies, contractors,
government, shops, and sites are all included in having to comply. A general safety plan must be
formulated, and employees must be trained. Also, if employees are exposed to RF radiation at any time as
part of their employment, they must know the potential hazards associated with RF as part of the OSHA
"Right to Know" concept.

If over the levels a safety plan and training is needed
The Occupational Safety and Health Administration (OSHA) has jurisdiction over Federal regulations dealing
with worker safety and health. In its comments, OSHA generally endorses our proposal to update our RF
exposure guidelines by adopting the new ANSI/IEEE guidelines. OSHA also requires RF users to implement a
written RF exposure protection program which appropriately addresses traditional safety and health
program elements including training, medical monitoring, protective procedures and engineering controls,
signs, hazard assessments, employee involvement, and designated responsibilities for program
implementation. It notes that the exposure limits in the ANSI/IEEE guidelines may be useful in determining
when specific elements of an RF safety program should be implemented. OSHA finds it unacceptable that
employees may be subjected to a higher level of risk than the general public simply because they "are
aware of the potential for exposure as a concomitant of employment." Rather, OSHA proposes that we
adopt the uncontrolled environment criteria as an "action limit" which determines when an RF protection
program will be required. That is, under OSHA's persons who are exposed in excess of the limits specified
for uncontrolled environments would be protected by a program designed to mitigate any potential increase
in risk. see FEDERAL COMMUNICATIONS COMMISSIONFCC 96-326 Washington, D.C. 20554 In the Matter of
) ) Guidelines for Evaluating the Environmental ) ET Docket No. 93-62 Effects of Radiofrequency Radiation )
) REPORT AND ORDER

I am a government entity or testing center what regulations do I need to follow?


The most recent regulation is FCC 47 CFR 1.1310. This is the regulation most government entities are
following and the one NTIA has said it will use. Under the consensus standards the government uses the
most current standards adopted by a federal agency. One difference, the government entities (NTIA) are
also using the ANSI standard for induced and contact current.




FAQ #67


What would a wireless internet provider and hard line phone companies benefit the most from
                                      (our services)?
Wireless Internet providers still must meet FCC and OSHA requirements, and they also have workers doing
the installs so they need all types of required OSHA safety training (from Hazcom, small tools to RF). Many
sites they are installing equipment at, already have other high power RF units on the air. The Hard line
phone groups are installing T1 and Standard phone lines for wireless, cell, paging, two way radio and
broadcasters their workers enter these sites daily.

General safety training, fall protection, Hazcom, etc., Also they may need assessments but it’s doubtful that
they would think so. Assessments would be for places where they may be providing services such as a hotel
with BDA’s or leaky coax, WiFi hotspots etc.

FAQ #68


  Do Electric transmission line towers with Cell/PCS antennas installed on them need to meet
                                  the RF safety requirements?


In certain cities across the United States, increasingly common sites are the well recognized yet seldom
noticed electric transmission line towers that traverse the cityscapes with not-so-recognized additions. These
additions are the ubiquitous cellular phone or PCS phone base station antennas. Due to the fact that many
municipalities have set a moratorium on the construction of new cellular/PCS tower sites, many
telecommunications companies are looking to preexisting tall structures to mount their much-in-demand
base antennas in order to provide ever-expanding coverage for their cellular or PCS phone customers.

Since the transmission towers are already there, the carrier’s cost of erecting a cellular tower can be saved
and those monies allocated for new site acquisitions. This also allows the utility to glean a significant
amount of revenue from the telecommunications carriers for joint pole use.

With the benefits of leasing transmission tower space comes a degree of responsibility on the part of the
utility company. The addition of emitters of radiofrequency energy to an already potentially hazardous
environment creates an additional problem when it comes to electrical worker safety.

If a lineperson comes into close proximity to the cellular or PCS antennas, and lingers in front of the
antennas for too long a time, RF overexposure can occur. Some symptoms of RF overexposure (based on
thermal, or heating effects) include confusion or vertigo, nausea and headache among others. Should a
lineperson suffer any of these symptoms in an already hazardous work environment, such as changing out
insulators or working on transformers or shield wires, the RF overexposure could lead to a lapse in
judgment and impact the worker’s safety.

RF exposure can be reduced significantly with an increase in distance from the antennas. RF power density
quickly dissipates to a safe level at a certain distance from the antenna. This is similar to the wakes coming
off a boat’s propeller. The rapid churning of the water near the propeller is synonymous with the near field
or danger area of an antenna, where the homogenous waves that form the wakes in the water is
synonymous with the far field of the antenna, where the power density is lowered substantially and poses
little if any heating effect. Unfortunately, there is no one set distance one can apply to antennas, as the gain
and watts into antennas of different types vary greatly. Even two panel antennas that look exactly alike can
have significantly different power levels.
The only way to determine minimum safe distances from antennas is through the use of a maximum
permissible exposure evaluation. The MPE is derived from an algebraic equation. Again, however, minimum
safe distances are not “across the board” like the 10 foot stand-off distance for energized power lines. The
distances can vary greatly depending on the power to the antenna.


After performing an MPE study on the antennas or having performed an actual field strength measurement,
the information should be used to create a safety program for line personnel. Properly drafted safety plans
should include lock out/tag out procedures if needed as well as any other applicable subjects, i.e., minimum
safe distances, accident notification protocol. Classroom and/or hands-on RF safety awareness training that
provide the trainee with the necessary information for working around RF energy sources should accompany
the plan. The program should probably include the use of RF emissions Personal Protection Monitors (PPM,
photo 3.) that warn the wearer when RF emissions exceed the federal limits through a combination of beeps
and LCD displays. The RF PPM requires a higher level of training so that workers do not get a false sense of
security and rely too heavily on their use.

For utilities that have their own communications system, such as microwave or land-mobile
communications, an MPE evaluation is mandated by the FCC. Though the MPE may indicate there is no
harmful RF emanating from the antenna and impacting work or public areas, this information must be
discerned and the resulting document kept on file with the FCC transmitter license.



FAQ #70


 Do I have to follow the OSHA requirements and does it apply to my group I a small company?


Coverage under the "Act"

Under the "Act", an employer is defined as any "person engaged in a business affecting commerce who has
employees, but does not include the United States, or any state, or political subdivision of a state.

The following are not covered under the "Act":

Self-employed persons
Farms at which only immediate members of the farm employer's family are employed
Working conditions regulated by other federal agencies under other federal statutes
Even when another federal agency is authorized to regulate safety and health working conditions in a
particular industry, if it does not do so in specific areas, then OSHA standards apply.

Under the "Act" federal agency heads are responsible for providing safe and healthful working condition for
their employees. The "Act" requires agencies to comply with standards consistent with those OSHA issues
for the private sector.

Federal agency heads are required to operate comprehensive occupational safety and health programs,
provide training to employees, and conduct self-audits to evaluate the effectiveness of their programs, and
ensure compliance with OSHA. OSHA also conducts comprehensive evaluations of these programs.

OSHA's federal sector authority is different from that in the private sector in that OSHA cannot impose
monetary penalties against another federal agency for failure to comply with OSHA standards. Instead,
compliance issues not resolved at local levels are raised to higher levels until resolved.

State and Local Governments

OSHA provisions do not apply to state and local governments in their role as employers. The Act does
provide that any state desiring to gain OSHA approval for its private sector occupational safety and health
programs must provide a program for its state and local government workers that is at least as effective as
its program for private employees. State plans may also cover the public sector employees.

Standards

It is the responsibility of OSHA to promulgate legally enforceable standards. It is the responsibility of
employers to be familiar with applicable standards and to ensure that employees have and use personal
protective equipment (PPE) when required.

Employees must comply with all rules and regulations, which are applicable to their own actions and
conducts.
Where OSHA has not promulgated specific standards, employers are responsible for following the Act's
general duty clause.

The general duty clause states that each employer "shall furnish... a place of employment which is free from
recognized hazards that are causing or are likely to cause death or serious physical harm to their
employees.


Record Keeping and Reporting

Employers of 11 or more employees must maintain records of occupational injuries and illnesses as they
occur (OSHA 300 log or equivalent). These logs must be maintained for a minimum of 5 years at the
establishment and must be made available for OSHA.

If an on the job accident occurs that results in the death of an employee or the hospitalization of three or
more employees, the accident must be reported in detail to the nearest OSHA office within 8 hours. There
are specific OSHA standards, which have additional record keeping requirements.




FAQ #71


                         I have a Radio facility do I need to do a site survey?


Yes your are required to comply per the FCC, and in fact the FCC states that measures ensure compliance.
see FCC 96-326 RF Safety Requirements

6. The Commission has always allowed multiple transmitter sites, i.e., antenna farms, to pool their resources
and have only one study done for the entire site. This is very common at sites that have multiple entities
such as TV, FM, paging, cellular, etc. In most circumstances, rather than each licensee hiring a separate
consultant and submitting a study showing their compliance with the guidelines, one consulting radio
technician or radio engineer can be hired by the group of licensees. The consultant surveys the entire site
for compliance and gives his recommendations and findings to each of the licensees at the site.

The licensees can then use the findings to show their compliance with the guidelines. In this way the cost of
compliance is minimized as no one licensee has to pay the entire consulting fee, rather just a portion of it.
The Commission has determined cost of performing an environmental evaluation is minimal for 87 percent
of the businesses required to determine compliance.

Other Compliance Requirements

As was true for the previous rules, there are no specific compliance requirements, as such. Under the
Commission's NEPA rules, applicants and licensees are required to submit an Environmental Assessment
(EA) if they do not comply with our RF exposure guidelines
(47 CFR       1.1311). An EA is a detailed accounting of the consequences created by a specific action that
may have a significant environmental impact, in this case a Commission authorization of a transmitter or
facility that exceeds the RF guidelines. An EA would be evaluated by the Commission to determine whether
the authorization should be granted in view of the environmental impact. In reality, this leads to a de facto
compliance requirement, since most applicants and licensees undertake…measures to ensure compliance
before submitting an application in order to avoid the preparation of a costly and time-consuming EA. For
this reason EAs are rarely filed with the Commission. This has not changed from the existing rules.



FAQ #72
                        What standard requires me to have a safe work place?


OSHA

Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish
to each of his employees employment and a place of employment which are free from recognized hazards
that are causing or are likely to cause death or serious physical harm to his employees". Section 5(a)(2)
requires employers to "comply with occupational safety and health standards promulgated under this Act".


Note: Twenty-four states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have
adopted their own standards and enforcement policies. For the most part, these States adopt standards that
are identical to Federal OSHA. However, some States have adopted different standards applicable to this
topic or may have different enforcement policies.



FAQ #73


    Does OSHA require me to survey and take real RF measurements samples around my RF
                                 equipment and antennas?


Yes, General Duty Clause, requires employers to "furnish to each of his employees employment and a place
of employment which are free from recognized hazards.

see http://www.osha.gov/SLTC/samplinganalysis/index.html



Sampling and Analysis


OSHA Standards




Sampling and analysis hazards are addressed in specific standards for the general industry. This page
highlights OSHA standards and standard interpretations (official letters of interpretation of the standards)
related to sampling and analysis.

Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish
to each of his employees employment and a place of employment which are free from recognized hazards
that are causing or are likely to cause death or serious physical harm to his employees". Section 5(a)(2)
requires employers to "comply with occupational safety and health standards promulgated under this Act".


Note: Twenty-four states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have
adopted their own standards and enforcement policies. For the most part, these States adopt standards that
are identical to Federal OSHA. However, some States have adopted different standards applicable to this
topic or may have different enforcement policies.



FAQ #74
                 Why does RSI perform detailed measurement when they survey RF sites?


     OSHA and FCC require safe work practice procedures at RF site in fact Robert A. Curtis, Director
     US DOL/OSHA Health Response Team states in his



     Element 4: Implementation of controls to reduce RF exposures to levels in compliance with applicable
     guidelines (e.g., ANSI, ICNIRP), including the establishment of safe work practice procedures.

     Reliance on averaging is normally not "recommended when establishing basic control strategies because it
     obligates the employer to conduct "measurement" of employee activity to ensure the averaging is
     applicable, such as timing an employee's access inside an area which can not be occupied for 6 minutes
     without exceeding the allowable time-weighted exposure. Where possible, controls should be establish
     under the assumption that standards are not time-weighted, i.e., assume the standards are ceiling limits
     which are not to be exceeded.
     Measurements are necessary during the development of work practices to ensure the practices are effective
     in preventing excessive exposures. Detailed measurements are required if exposures are approaching
     guideline limits as discussed above.
     Appropriate work practices must be followed during the repair and maintenance of RF equipment.
     Occasionally, cabinet panels must be removed by service personnel to allow access for maintenance. Failure
     to replace a panel properly may result in excessive RF leakage. RF screening measurements can be used to
     determine which panels can be removed during operation (assuming other hazards, such as electrical shock,
     are controlled), and to ensure the shielding is reinstalled properly.
     To develop work practices to minimize exposures; to obtain information to be used in training workers
     regarding their potential hazards and how they are controlled; to identify "RF Hazard" zones and other areas
     requiring signs and training: to determine the need for medical surveillance; as an alternative or
     enhancement of Lockout/Tagout procedures; to evaluate the effectiveness of RF personal protective
     equipment; and as a periodic audit of the effectiveness of the RF Protection Program.
     http://www.osha.gov/SLTC/radiofrequencyradiation/elem_com.html



75   What Training does OSHA require for my employees?


     See osha.gov/Publications/2254.html

     FAQ #76


                        I am a Federal Employee, what are my training requirements?


     Federal Employee Programs Training Requirements

     The following training requirements have been excerpted from Title 29, Code of Federal Regulations Part
     1960. Note that in addition to these requirements, Part 1910, relating to general industry, also contains
     applicable training standards.

     Financial Management 1960.7(c)(1)

     (c) Appropriate resources for an agency's occupational safety and health program shall include, but not be
     limited to:

     (1) Sufficient personnel to implement and administer the program at all levels, including necessary
     administrative costs such as training, travel, and personal protective equipment.
Qualifications of Safety and Health Inspectors and Agency Inspectors 1960.25(a)

(a) Executive Order 12196 requires that each agency utilize as inspectors "personnel with equipment and
competence to recognize hazards." Inspections shall be conducted by inspectors qualified to recognize and
evaluate hazards of the working environment and to suggest general abatement procedures. Safety and
health specialists as defined in 29 CFR 1960.2(s), with experience and/or up-to-date training in occupational
safety and health hazard recognition and evaluation are considered as meeting the qualifications of safety
and health inspectors. For those working environments where there are less complex hazards, such safety
and health specializations as cited above may not be required, but inspectors in such environments shall
have sufficient documented training and/or experience in the safety and health hazards of the workplace
involved to recognize and evaluate those particular hazards and to suggest general abatement procedures.
All inspection personnel must be provided the equipment necessary to conduct a thorough inspection of the
workplace involved.

Safety and Health Services 1960.34(e)(1)

(e) Safety and health services. The General Services Administration (GSA) will operate and maintain for user
agencies the following services:

(1) Listings in the "Federal Supply Schedule" of safety and health services and equipment which are
approved for use by agencies when needed. Examples of such services are: Workplace inspections, training,
industrial hygiene surveys, asbestos bulk sampling, and mobile health testing. Examples of such equipment
are: Personal protective equipment and apparel, safety devices, and environmental monitoring equipment.

Agency Responsibilities 1960.39(b)

(b) Agencies shall provide all committee members appropriate training as required by subpart H of this part.

Training of Top Management 1960.54

Each agency shall provide top management officials with orientation and other learning experiences which
will enable them to manage the occupational safety and health programs of their agencies. Such orientation
should include coverage of section 19 of the Act, Executive Order 12196, the requirements of this part, and
the agency safety and health program.

Training of Supervisors 1960.55(a) and (b)

(a) Each agency shall provide occupational safety and health training for supervisory employees that
includes: supervisory responsibility for providing and maintaining safe and healthful working conditions for
employees; the agency occupational safety and health program; section 19 of the Act; Executive Order
12196; this part; occupational safety and health standards applicable to the assigned workplaces; agency
procedures for reporting hazards; agency procedures for reporting and investigating allegations of reprisal;
and agency procedures for the abatement of hazards, as well as other appropriate rules and regulations.

Training of Safety and Health Specialists 1960.56(a) and (b)

(b) This supervisory training should include introductory and specialized courses and materials which will
enable supervisors to recognize and eliminate, or reduce, occupational safety and health hazards in their
working units. Such training shall also include the development of requisite skills in managing the agency's
safety and health program within the work unit, including the training and motivation of subordinates
toward assuring safe and healthful work practices.

Training of Safety and Health Inspectors 1960.57

(a) Each agency shall provide occupational safety and health training for safety and health specialists
through courses, laboratory experiences, field study, and other formal learning experiences to prepare them
to perform the necessary technical monitoring, consulting, testing, inspecting, designing, and other tasks
related to program development and implementation, as well as hazard recognition, evaluation and control,
equipment and facility design, standards, analysis of accident, injury, and illness data, and other related
tasks.

Training of Collateral Duty Safety and Health Personnel and Committee Members 1926.58

(b) Each agency shall implement career development programs for their occupational safety and health
specialists to enable the staff to meet present and future program needs of the agency.

Each agency shall provide training for safety and health inspectors with respect to appropriate standards,
and the use of appropriate equipment and testing procedures necessary to identify and evaluate hazards
and suggest general abatement procedures during or following their assigned inspections, as well as
preparation of reports and other documentation to support the inspection findings

Within six months after October 1, 1980, or on appointment of an employee to a collateral duty position or
to a committee, each agency shall provide training for collateral duty safety and health personnel and all
members of certified occupational safety and health committees commensurate with the scope of their
assigned responsibilities. Such training shall include: the agency occupational safety and health program;
section 19 of the Act; Executive Order 12196; this part; agency procedures for the reporting, evaluation and
abatement of hazards; agency procedures for reporting and investigating allegations of reprisal; the
recognition of hazardous conditions and environments; identification and use of occupational safety and
health standards, and other appropriate rules and regulations.

Training of Employees and Employee Representatives 1960.59(a) and (b)

(a) Each agency shall provide appropriate safety and health training for employees including specialized job
safety and health training appropriate to the work performed by the employee, for example: Clerical,
printing, welding, crane operation, chemical analysis, and computer operations. Such training also shall
inform employees of the agency occupational safety and health program, with emphasis on their rights and
responsibilities.

(b) Occupational safety and health training for employees of the agency who are representatives of
employee groups, such as labor organizations which are recognized by the agency, shall include both
introductory and specialized courses and materials that will enable such groups to function appropriately in
ensuring safe and healthful working conditions and practices in the workplace and enable them to
effectively assist in conducting workplace safety and health inspections. Nothing in this paragraph shall be
construed to alter training provisions provided by law, Executive Order, or collective bargaining
arrangements.

Training Assistance 1960.60(a) through (d)

(a) Agency heads may seek training assistance from the Secretary of Labor, the National Institute for
Occupational Safety and Health and other appropriate sources.

(b) After the effective date of Executive Order 12196, the Secretary shall, upon request and with
reimbursement, conduct orientation for Designated Agency Safety and Health Officials and/or their
designees which will enable them to manage the occupational safety and health programs of their agencies.
Such orientation shall include coverage of section 19 of the Act, Executive Order 12196, and the
requirements of this part.

(c) Upon request and with reimbursement, the Department of Labor shall provide each agency with training
materials to assist in fulfilling the training needs of this subpart, including resident and field training courses
designed to meet selected training needs of agency safety and health specialists, safety and health
inspectors, and collateral duty safety and health personnel. These materials and courses in no way reduce
each agency's responsibility to provide whatever specialized training is required by the unique characteristics
of its work.

(d) In cooperation with the Office of Personnel Management, the Secretary will develop guidelines and/or
provide materials for the safety and health training programs for high-level managers, supervisors,
members of committees, and employee representatives.
Role of the Secretary 1960.85(b)

(b) The Secretary shall provide leadership and guidance and make available equipment, supplies, and staff
services to the Field Federal Safety and Health Councils to assist them in carrying out their responsibilities.
The Secretary shall also provide consultative and technical services to field councils. These services shall
involve aid in any phase of developing and planning programs; and in sponsoring, conducting, or supporting
safety and health training courses.

Objectives of Field Councils 1960.87(d)

(d) To promote coordination, cooperation, and sharing of resources and expertise to aid agencies with
inadequate or limited resources. These objectives can be accomplished in a variety of ways. For example,
field councils could organize and conduct training programs for employee representatives, collateral duty
and professional safety and health personnel, coordinate or promote programs for inspections, or, on
request conduct inspections and evaluations of the agencies' safety and health programs.



FAQ #77


       Why do Federal and state government groups now all use the FCC exposure limits?


This statement is from page 12 of the FCC’S OET 56



The FCC considered a large number of comments submitted by industry, government agencies and the
public. In particular, the FCC considered comments submitted by the EPA, FDA, NIOSH and OSHA, which
have primary responsibility for health and safety in the Federal Government. The guidelines the FCC
adopted were based on the recommendations of those agencies, and they have sent letters to the FCC
supporting its decision and endorsing the FCC's guidelines as protective of public health.



In its 1996 Order, the FCC noted that research and analysis relating to RF safety and health is ongoing and
changes in recommended exposure limits may occur in the future as knowledge increases in this field. In
that regard, the FCC will continue to cooperate with industry and with expert agencies and organizations
with responsibilities for health and safety in order to ensure that the FCC's guidelines continue to be
appropriate and scientifically valid.



FAQ #78


                                     Does OSHA require PPM usage?


1910.268(p)(3)

Protective measures. When an employee works in an area where the electromagnetic radiation exceeds the
radiation protection guide, the employer shall institute measures that insure that the employee's exposure is
not greater than that permitted by the radiation guide. Such measures shall include, but not be limited to
those of an administrative or engineering nature or those involving personal protective equipment.
1910.268(e)

Tools and personal protective equipment -- Generally. Personal protective equipment, protective devices and
special tools needed for the work of employees shall be provided and the employer shall ensure that they
are used by employees. Before each day's use the employer shall ensure that these personal protective
devices, tools, and equipment are carefully inspected by a competent person to ascertain that they are in
good condition.

NCDOL RFR standard and other states also requires it some times.



FAQ #79


                        Do the MPE and other EA rules apply to BPL systems?


Yes and they also must not cause major interference problems [for HF and Ham operators]. BPL systems
can operate from 3 MHz to 70 MHz on some new of the newer systems. Some technology notches ranges
like the ham bands. Systems have been known to run up to 5000 watts per mile. Power Line workers and
home owners will all ask about the safety of BPL so surveys should be done to show compliance.

Now Direct TV is partnered with Current Technologies to use BPL for home TV BPL in now a bigger issue.



FAQ #80


                Can’t I just install RF warning signs at my site to be in compliance?


Signage alone DOES NOT equal compliance and is not sufficient enough to achieve that compliance. In fact
anyone working on sites with a caution or warning signs must be trained per OSHA. And any competent
person who has been trained will ask for the site measurements in % of MPE before they enter that site.




FAQ #81


                  Do Co-located operations have anything to with my antennas?


Every RF source counts and for compliance just doing calculations for your antennas at a Co-located site will
not provide you with the real RF exposure levels. To meet FCC/OSHA compliance and overall safety, the RF
for all antennas must be considered, (even nearby facilities and towers may affect your site). Measurements
have the advantage of incorporating the effects of all the RF sources and providing you with the real MPE
RF exposure level for your site.

				
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