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S.I. No. 30/2019 - Radiological Protection Act 1991 (Ionising Radiation) Regulations 2019

Type Statutory Instrument

Publication 2019-02-04

State In force

Text As published

Source Irish Statute Book

articles 87

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

(2) The limit on the effective dose for public exposure shall be 1 mSv in a year.

(3) Without prejudice to paragraph (2): –

(a) the limit on the equivalent dose for the lens of the eye of a member of the public shall be 15 mSv in a year;

(b) the limit on the equivalent dose for the skin of a member of the public shall be 50 mSv in a year, averaged over any 1 cm² of skin, regardless of the area exposed; and

Estimation of the Effective and Equivalent Dose

28.

28. (1) For the estimation of effective and equivalent doses, the appropriate standard values and relationships shall be used unless the Agency has authorised the use of equivalent methods.

(2) For external radiation, the operational quantities defined in section 2.3 of ICRP Publication 116⁹ shall be used.

Part 4 – PROTECTION OF EXPOSED WORKERS, APPRENTICES AND STUDENTS

Responsibilities of the undertaking and employers

29.

29. (1) The undertaking shall be responsible for assessing and implementing arrangements for the radiation protection of exposed workers, including outside workers, apprentices and students.

(2) In the case of outside workers, the undertaking shall: –

(a) be responsible, either directly or through contractual agreements with the employer of outside workers, for the operational aspects of the radiation protection of outside workers including the sharing of information directly related to the nature of their activities in the undertaking; and

(b) record, after the end of any work activity, in the worker’s radiation passbook the data specified in Part B(2) of Schedule 9.

(3)
(a) The employer of outside workers shall ensure, either directly or through contractual agreements with the undertaking, that the radiation protection of their outside workers is in accordance with the relevant provisions of these Regulations; and

(b) Before the commencement of any work activity, the employer of an outside worker shall supply in the outside worker’s radiation passbook the data specified in Part B(1) of Schedule 9.

(4) Without prejudice to paragraphs (1) to (3), an undertaking, employer or any other organisation shall provide for a clear allocation of responsibilities for the protection of workers in any exposure situation, in particular for the protection of: –

(a) emergency workers;

(b) workers involved in the remediation of contaminated land, buildings and other constructions;

(d) self-employed individuals and individuals who work on a voluntary basis.

Arrangements in workplaces

30.

30. (1) For the purposes of radiation protection, the undertaking shall make arrangements for all workplaces where workers are liable to receive an exposure greater than an effective dose of 1 mSv per year or an equivalent dose of 15 mSv per year for the lens of the eye or 50 mSv per year for the skin and extremities. Such arrangements must be appropriate to the nature of the installations and sources and to the magnitude and nature of the risks.

(2) For workplaces specified in Regulation 66, and where the exposure of workers is liable to exceed an effective dose of 6 mSv per year or a corresponding time-integrated radon exposure value determined by the Agency, these shall be managed as a planned exposure situation in accordance with guidelines issued by the Agency.

(3) For workplaces specified in Regulation 66, and where the effective dose to workers is less than or equal to 6 mSv per year or the exposure less than the corresponding time-integrated radon exposure value, the Agency shall require that the exposures are kept under review.

(4) Air operators shall evaluate the extent of exposure to the crew from cosmic radiation in accordance with such guidelines as may be issued by the Agency and shall submit a report of the evaluation to the Agency within one year of the air operator’s certificate coming into force.

(5) Where the result of the evaluation referred to in paragraph (4) shows that the effective dose to the crew is liable to exceed 1 mSv per year, the air operator shall: –

(a) assess the exposures of that air crew by methods that have been approved by the Agency;

(b) keep records relating to the assessment referred to in subparagraph (a) in a manner specified by the Agency;

(d) at the request of any member of the air crew concerned make available to that member a copy of any dose record kept for the purposes of subparagraph (b) in relation to that member;

(e) submit the dose records of air crew to the National Dose Register in accordance with guidelines issued by the Agency; and

(f) inform that air crew of health risks involved in their work and their individual dose.

(6) Where the result of this evaluation shows that the effective dose to the crew is liable to exceed 6 mSv per year, the air operator shall in addition to the requirements set out in paragraph (5): –

(a) apply the relevant requirements of these Regulations in accordance with guidelines issued by the Agency; and

(b) organise the working schedules of air crew liable to receive an exposure to cosmic radiation in excess of 6 mSv in a year with a view to reducing their exposures.

Prior Risk Assessment

31.

31. (1) The undertaking shall ensure that all exposures, including those to the population as a whole, from all practices under its control, are kept as low as reasonably achievable, taking into account economic and social factors.

(2) For the purpose of identifying the protective measures needed to restrict exposures to ionising radiation, the undertaking shall, before commencing a practice, make an assessment acceptable to the Agency of the nature and magnitude of the risks of exposure to ionising radiation arising from the practice or from potential exposures resulting from the practice for workers and members of the public who may be affected.

(3) The risk assessment shall be reviewed by the undertaking: –

(a) periodically; and

(b) if circumstances arise in which it has reason to believe that the risk assessment is no longer appropriate, immediately upon those circumstances arising;

and shall be amended by it as it considers appropriate.

(4) Where, in the opinion of the Agency, the assessment provided by the undertaking in accordance with paragraph (2) is insufficient or inadequate, the Agency may, by notice in writing sent to the undertaking require that undertaking to furnish the Agency with the necessary additional information after consultation with a radiation protection adviser.

(5) The undertaking shall, where appropriate, use dose constraints in restricting exposure to ionising radiation pursuant to paragraph (1).

(6) The undertaking shall take account of exposures in other workplaces made available under Regulation 43.

Radiation Safety Procedures

32.

32. (1) For the purpose of enabling work involving ionising radiation to be carried out in accordance with the requirements of these Regulations and, in particular, for the purpose of identifying the manner in which the safety, health and welfare of workers and other persons shall be secured, the undertaking shall, in respect of any controlled area or, where appropriate having regard to the nature of the work carried out there, any supervised area, prepare a statement in writing of such procedures (in these Regulations referred to as “radiation safety procedures”) it considers ought to be followed.

(2) Such a statement shall have regard to the radiological risks involved and the nature of the activities concerned and, in particular, to the prior risk assessments carried out under Regulation 31 by the undertaking.

(3) The radiation safety procedures shall be reviewed by the undertaking periodically, and immediately upon circumstances arising which give the undertaking reason to believe any of the procedures are no longer appropriate. The procedures shall then be amended by the undertaking as it considers appropriate.

(4) When the Agency is satisfied that any radiation safety procedures are inadequate in a material way, it may give a direction to the undertaking concerned to amend the procedures after consultation with a radiation protection adviser and the undertaking shall comply with the direction within 30 days from the date of the direction being given by the Agency.

(5) The undertaking shall take all reasonable steps to ensure that the provisions of the radiation safety procedures prepared by it are observed.

(6) The undertaking shall ensure that the radiation safety procedures prepared by it are brought to the attention of and made available to the exposed workers including outside workers, apprentices and students concerned and other persons who may be affected by them.

Consultations with a Radiation Protection Adviser

33.

33. (1) For the purposes of meeting its responsibilities under Regulation 29(1), the undertaking shall seek advice from a radiation protection adviser or advisers within their areas of competence, and approved under Regulation 79, and shall provide the radiation protection adviser or advisers with access, adequate information and facilities for the discharge of his or her functions in relation to the following: –

(a) the examination and testing of protective devices and measuring instruments;

(b) the prior critical examination of plans for installations from the point of view of radiation protection;

(d) the regular checking of the effectiveness of protective devices and techniques; and

(e) the regular calibration of measuring instruments and the regular checking that they are serviceable and correctly used.

(2) The advice of the radiation protection adviser shall cover, where relevant, but not be limited to, the following: –

(a) optimisation and establishment of appropriate dose constraints;

(b) plans for new installations and acceptance into service of new or modified radiation sources in relation to any engineering controls, design features, safety features and warning devices relevant to radiation protection;

(d) classification of workers;

(e) workplace and individual monitoring programmes and related personal dosimetry;

(f) appropriate radiation monitoring instrumentation;

(g) quality assurance;

(h) environmental monitoring programme;

(i) arrangements for radioactive waste management;

(j) arrangements for the prevention of accidents and incidents;

(k) preparedness and response in emergency exposure situations;

(l) training and retraining programmes for exposed workers;

(m) investigation and analysis of accidents and incidents and appropriate remedial actions;

(n) employment conditions for pregnant and breastfeeding workers; and

(o) preparation of appropriate documentation such as prior risk assessments and written radiation safety procedures.

(3) Upon consultation with a radiation protection adviser or advisers, the undertaking shall devise and submit to the Agency as part of a licence application, renewal or amendment, the agreed arrangements with the named radiation protection adviser or advisers detailing the provisions that are in place to meet the requirements of these Regulations.

(4) The radiation protection adviser shall, where appropriate, liaise with the medical physics expert.

Role of Radiation Protection Officer

34.

34. (1) The undertaking shall provide the radiation protection officer, as provided for in Regulation 80, with adequate information and facilities for them to discharge their functions.

(2) The radiation protection officer shall report directly to the undertaking.

(3) Depending on the nature of the practice, the tasks of the radiation protection officer in assisting the undertaking, may include the following: –

(a) ensuring that work with radiation is carried out in accordance with the requirements of any specified procedures and working instructions;

(b) supervising the implementation of the programme for workplace monitoring;

(d) carrying out periodic assessments of the conditions of the relevant safety and warning systems;

(e) supervising the implementation of the personal monitoring programme;

(f) supervising the implementation of the health surveillance programme;

(g) providing new workers with an appropriate introduction to specified procedures and working instructions;

(h) giving advice and comments on work plans;

(i) establishing work plans;

(j) providing reports to the local management;

(k) participating in the arrangements for prevention, preparedness and response for emergency exposure situations;

(l) information and training of exposed workers; and

(m) liaising with the radiation protection adviser.

(4) The task of the radiation protection officer may be carried out by a radiation protection unit established within an undertaking or by a radiation protection adviser.

Radiation Protection Education, Training and Information

35.

35. (1) Every undertaking, and in the case of outside workers, the employer, must ensure that: –

(a) all exposed workers, apprentices and students who are engaged in work with ionising radiation, including radioactive waste management, are given appropriate education, training and information in the field of radiation protection and receive such information and instruction as is suitable and sufficient for them to know: –

(i) the risks to health created by exposure to ionising radiation;

(ii) the general principles of radiation protection and the specific radiation protection procedures and precautions in connection with the operational and working conditions of the work with ionising radiation to which they may be assigned;

(iii) the importance of providing input to risk assessments of the operational and working conditions of the work with ionising radiation to which they may be assigned for the purposes of devising relevant radiation protection procedures;

(iv) the relevant parts of the emergency response plans and procedures; and

(v) the importance of complying with the medical, technical and administrative requirements.

(b) adequate information is given to other persons who are not directly engaged with the work with ionising radiation carried out by the undertaking or employer to ensure their health and safety so far as is reasonably practicable;

(c) all workers, apprentices and students who are engaged in work with ionising radiation are informed of the possible risk arising from ionising radiation to the unborn child and to a nursing infant and of the importance of those workers making an early declaration of pregnancy and the intention to breast feed; and

(d) all exposed workers, apprentices and students including outside workers who are engaged in work in a controlled area as classified under Regulation 36 are given specific training in connection with the characteristics of the workplace and the activities within it.

(2) In addition to the requirements in paragraph (1), undertakings and, in the case of outside workers, employers, engaged in work with ionising radiation involving a high-activity sealed source must ensure that the information and training given to exposed workers includes: –

(a) specific requirements for the safe management and security and control of high-activity sealed sources for the purpose of preparing such employees for any events which may affect their radiation protection;

(b) particular emphasis on the necessary safety and security requirements in connection with high-activity sealed sources; and

(3) The provision of education, training and information under this Regulation shall be repeated at appropriate intervals and documented in accordance with guidelines issued by the Agency.

Classification of workplaces

36.

36. (1) The undertaking shall, having regard to an assessment made by it, in accordance with Regulation 31, of the expected annual doses and the probability and magnitude of potential exposures classify as a controlled area any area under its control in which any person working in the area is liable to receive an effective dose greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities.

(2) The undertaking shall, having regard to an assessment made by it, in accordance with Regulation 31, of the expected annual doses and the probability and magnitude of potential exposures classify as a supervised area any area under its control, not being classified as a controlled area, in which any person working in the area is liable to receive an effective dose greater than 1 mSv per year or an equivalent dose not greater than 15 mSv per year for the lens of the eye or greater than 50 mSv per year for skin and extremities.

(3) The undertaking is responsible for implementing these responsibilities and shall keep under review the working conditions in controlled and supervised areas and, if appropriate, revise the classification of the areas concerned taking into account the advice provided by a radiation protection adviser.

Requirements for Controlled and Supervised Areas

37.

37. (1) The undertaking shall ensure in the case of a controlled area that: –

(a) the area is physically demarcated or, where this is not reasonably practicable, delineated by some other suitable means, and suitable and sufficient signs indicating that it is a controlled area and the nature of the radiological sources and their inherent risks are displayed;

(b) access is restricted in accordance with paragraph (2) to individuals who have received appropriate instructions and is controlled in accordance with written radiation safety procedures or working instructions, which are appropriate to the radiological risk associated with the sources and the operations involved;

(c) wherever there is a significant risk of the spread of radioactive contamination, specific arrangements are made, including arrangements for the access and exit of individuals and goods and for monitoring contamination within the controlled area and, where appropriate, in the adjacent area;

(d) taking into account the nature and extent of the radiological risks in the controlled area, radiological surveillance of the working environment is organised in accordance with the provisions of Regulation 38;

(e) any person working in the controlled area, including outside workers shall receive specific training in connection with the characteristics of the workplace and the activities, and shall be provided with the appropriate personal protective equipment;

(f) for Category A outside workers required to enter the controlled area, confirm that the outside worker concerned has been passed as medically fit for the activities to be assigned to the worker; and

(g) for Category B outside workers, confirm whether the categorisation is appropriate in relation to the doses liable to be received within the undertaking.

(2) The undertaking who has classified an area as a controlled area shall not permit any person to enter or remain in such an area unless that person is: –

(a) a Category A worker who has been determined as fit to perform their duties pursuant to a medical classification under Regulation 46;

(b) a Category B worker, following suitable written arrangements for the purpose of ensuring that the person does not receive in any calendar year a cumulative dose of ionising radiation which would require that person to be designated as a Category A worker;

(i) is subject to individual dose assessment pursuant to Regulation 41;

(ii) has been provided with and has been trained to use any personal protective equipment that may be necessary pursuant to subparagraph (1)(e);

(iii) has received any specific training required pursuant to Regulation 35;

(iv) where such a worker has been categorised as Category A, he or she has been determined as fit to perform their duties pursuant to a medical classification under Regulation 46; and

(v) where such a worker has been categorised as Category B, he or she must follow suitable written arrangements for the purpose of ensuring that the person does not receive in any calendar year a cumulative dose of ionising radiation which would require that person to be categorised as Category A.

(d) (i) any other person not categorised as an exposed worker, following suitable written arrangements for the purpose of ensuring that the person does not receive in any calendar year a dose of ionising radiation exceeding any relevant dose limit for a member of the public; and

(ii) the undertaking can demonstrate by personal dose monitoring or other suitable measurements that the dose to the person does not exceed any relevant dose limit for a member of the public.

(3) The undertaking shall ensure in the case of a supervised area that: –

(a) as a minimum, taking into account the nature and extent of the radiological risks in the supervised area, radiological surveillance of the working environment is organised in accordance with the provisions of Regulation 38; and

(b) if appropriate, signs indicating that it is a supervised area and the nature of the radiological sources and their inherent risks are displayed.

(4) Any person working in the supervised area, including outside workers, shall receive working instructions or radiation safety procedures appropriate to the radiological risk associated with the sources and the operations involved.

(5) The undertaking, in fulfilling its obligations under paragraphs (1) to (4), shall consult with the radiation protection adviser.

(6) Without prejudice to the generality of paragraph (1), the arrangements required by that paragraph must, where appropriate, include: –

(a) the provision of suitable and sufficient washing and changing facilities for persons who enter or leave any controlled or supervised area;

(b) the proper maintenance of such washing and changing facilities;

(c) the prohibition of eating, drinking or smoking or similar activity likely to result in the ingestion, inhalation or absorption of a radioactive substance by any employee or outside worker in a controlled area; and

(d) the means for monitoring contamination: —

(i) on any person, article or goods leaving a controlled area;

(ii) within the controlled area and, where appropriate, in the adjacent area.

(7) An undertaking that has designated an area as a controlled area must, in relation to an outside worker, ensure that: –

(a) the outside worker is subject to arrangements for estimating the dose of ionising radiation received by that worker whilst in the controlled area;

(b) as soon as is reasonably practicable after the services carried out by that outside worker in that controlled area are completed, an estimate of the dose received by that outside worker is entered into that worker’s radiation passbook; and

(c) when the radiation passbook of the outside worker is in the possession of that employer, the passbook is made available to that outside worker upon request.

(8) The employers of outside workers shall ensure either directly or through contractual arrangements with the undertaking that the radiation protection of their workers is equivalent to the protection afforded to exposed workers employed on a permanent basis by the undertaking.

Radiological surveillance of the workplace

38.

38. (1) Radiological surveillance pursuant to Regulations 37(1)(d) and 37(3)(a) shall comprise, where appropriate, the measurement of: –

(a) external doses rates, indicating the nature and quality of the radiation in question;

(b) activity concentration in air and the surface density of contaminating radionuclides, indicating their nature and their physical and chemical states; and

(2) The undertaking shall, having regard to any relevant guidelines issued by the Agency, ensure that all measuring instruments used to carry out the surveillance referred to in paragraph (1) are: fit for the intended purpose, properly maintained and individually calibrated traceable to appropriate national standards.

(3) The undertaking shall ensure that: –

(a) all measuring instruments including those used for assuring in Quality Assurance programmes are individually calibrated before first use and annually thereafter using sources or equipment traceable to appropriate national standards; and

(b) the maintenance, examination and calibration of measuring instruments are carried out by persons who have knowledge of and understanding of currently accepted testing standards and relevant technical guidance in relation to the types of monitoring equipment.

(4) The undertaking shall: –

(a) make suitable records of the results of the measurements referred to in paragraph (1) and of the maintenance and calibrations carried out in accordance with paragraphs (2) and (3);

(b) ensure that the records made pursuant to subparagraph (a) are made available to the radiation protection adviser if he or she requests them; and

(c) maintain each of the records referred to in subparagraph (a) for a period of at least 5 years from the date on which it is made.

(5) The results of the measurement referred to in paragraph (1) shall be recorded and shall be used, if necessary, for estimating individual doses as provided for in Regulation 41.

Part 5 – CATEGORISATION AND MONITORING OF WORKERS

Categorisation of exposed workers

39.

39. (1) Prior to the commencement of any work activity which may give rise to an exposure, the undertaking, and in the case of outside workers, the employer, shall categorise: –

(a) as a Category A worker, an exposed worker who is liable to receive an effective dose greater than 6 mSv in a year or an equivalent dose greater than 15 mSv per year for the lens of the eye, or greater than 150 mSv per year for skin and extremities; and

(b) as a Category B worker, an exposed worker who is liable to receive an effective dose greater than 1 mSv but less than 6 mSv in a year or an equivalent dose not greater than 15 mSv per year for the lens of the eye, or greater than 50 mSv but less than 150 mSv per year for skin and extremities.

(2) The categorisation shall take into account potential exposures including, where relevant, the results of any individual radiological monitoring disclosed under Regulation 43(1)(d).

(3) In the case of outside workers, the undertaking shall determine whether the categorisation of the outside worker is appropriate in relation to the doses liable to be received within the undertaking.

(4) The undertaking, and in the case of outside workers, the employer, shall immediately inform the worker that they have been categorised as a Category A or B worker as the case may be.

(5) The undertaking, and in the case of outside workers, the employer, shall regularly review this categorisation on the basis of working conditions and medical surveillance pursuant to Regulation 45.

Operational protection of apprentices and students

40.

40. (1) The exposure conditions and operational protection provided by the undertaking, and in the case of outside workers, the employer, for apprentices and students aged 18 years or over referred to in Regulation 26(1) shall be equivalent to that of exposed workers of Category A or B, as appropriate.

(2) The exposure conditions and operational protection provided by the undertaking, and in the case of outside workers, the employer, for apprentices and students aged between 16 years or more but less than 18 years referred to in Regulation 26(2) shall be equivalent to that of exposed workers of Category B.

Individual Monitoring

41.

41. (1) The undertaking, and in the case of outside workers, the employer, shall ensure that: –

(a) individual dose monitoring based on individual measurements is carried out by an approved dosimetry service, or as appropriate, by a radon measurement service, for all exposed workers, outside workers, apprentices and students;

(b) in cases where exposed workers, outside workers, apprentices and students are liable to receive significant internal exposure or significant exposure of the lens of the eye or extremities, an adequate system for monitoring shall be set up; in identifying such cases, the undertaking, and in the case of outside workers, the employer, shall take account of any guidelines issued by the Agency in that regard;

(d) in the case of emergency occupational exposure, individual monitoring or assessment of the individual doses of emergency workers is carried out as appropriate to the circumstances; and

(e) in the case of specially authorised exposures, individual dose monitoring of Category A exposed workers or spacecraft crew, based on individual measurements is carried out.

(2) Without prejudice to paragraph (3), in cases where an individual dose measurement is not possible or inadequate either because of loss or damage to a dosemeter or for any other reason, the undertaking, and in the case of outside workers, the employer, shall estimate the dose to the exposed worker, outside worker, apprentice or student either: –

(a) from individual measurements made on other exposed workers, outside workers, apprentices and students;

(b) from the results of the radiological surveillance of the workplace provided for in Regulation 38; or

(3) Where there is reason to believe that the dose received by an exposed worker, outside worker, apprentice or student is much greater or less than that recorded on the dosemeter, the undertaking, and in the case of outside workers, the employer, shall also comply with the requirements specified in paragraph (2).

(4) Where the Agency considers that any estimation made in accordance with paragraph (2) is inadequate, it may direct, in writing, the undertaking, and in the case of outside workers, the employer, to carry out whatever additional investigations the Agency considers necessary in order to establish the estimated dose, and the undertaking, and in the case of outside workers, the employer, shall comply with that direction.

Recording and Reporting of Results

42.

42. (1) The undertaking, and in the case of outside workers, the employer, shall make arrangements so as to ensure that: –

(a) a record containing the results of individual monitoring carried out pursuant to Regulation 41 is made for each exposed worker, outside worker, apprentice or student;

(b) the record referred to in subparagraph (a) contains: –

(i) data on the worker’s identity prescribed in Part A of Schedule 9;

(ii) a record of the individual doses measured or estimated, as the case may be, pursuant to Regulation 41;

(iii) in the case of accidental exposures, specially authorised exposures or emergency exposures, the reports relating to the circumstances and the action taken; and

(iv) the results of workplace monitoring used to assess individual doses, where necessary;

(c) the record referred to in subparagraph (a) shall take account of the results of any individual radiological monitoring disclosed under Regulation 43(1)(d); and

(d) the undertaking, and in the case of outside workers, the employer, shall request, in writing to the National Dose Register, a unique identification number for the exposed worker, outside worker, apprentice or student for the purposes of making a record under subparagraph (a).

(2) The undertaking, and in the case of outside workers, the employer, shall ensure that: –

(a) the record referred to in subparagraph (1)(a) is submitted within 3 months, or such longer period with the agreement of the Agency, of the end of each calendar year to the National Dose Register in accordance with guidelines issued by the Agency; and

(b) where the results of monitoring or assessment of an individual’s dose are amended subsequent to submission, the amended record shall be submitted to the National Dose Register without delay.

(3) The dose records in relation to accidental exposure, specially authorised exposure, emergency occupational exposure and occupational exposure from radon liable to exceed an effective dose of 6 mSv per year shall be identified in the dose record referred to in subparagraph (1)(a).

(4) In the case of an accidental exposure, the undertaking and in the case of an outside worker, the employer shall ensure that the results of individual monitoring and dose assessments are communicated to the individual and submitted to the Agency without delay.

(5) On receipt of a disclosure under Regulation 50(1)(e), the undertaking shall request in writing, from each undertaking identified in the disclosure, the record containing the results of individual monitoring made under subparagraph (1)(a).

(6) The undertaking, and in the case of outside workers, the employer, shall make arrangements to retain the record referred to in subparagraph (1)(a) during the period of the working life involving exposure to ionising radiation of the worker concerned and afterwards until they have or would have attained the age of 75 years, but, in any case not less than 30 years after termination of the work involving exposure to ionising radiation.

Access to the Results of Individual Monitoring

43.

43. (1) The undertaking, and in the case of outside workers, the employer, shall ensure that the record referred to in Regulation 42 is made available, on request in writing to: –

(a) the Agency;

(b) the worker concerned in accordance with paragraph (2);

(c) the occupational health service in order for it to interpret the implications of the results for human health as provided for in Regulation 45; and

(d) an undertaking pursuant to a request under Regulation 42(5).

(2) The undertaking, and in the case of outside workers, the employer, shall at the request of any worker employed by it or of a person formerly employed by it, make available to that worker or person a copy of the dose record provided for the purposes of Regulation 42 in respect of that worker or person. This record shall include the results of measurements which may have been used in estimating doses or the results of the assessments of doses made as a result of radiological surveillance of the workplace.

(3) Where a record under Regulation 42(1) is made available pursuant to subparagraph (1)(d), the undertakings shall periodically exchange in writing the individual dose data as set out in Part A of Schedule 9 so as to control the further exposure of workers. This exchange shall be at intervals sufficient to ensure compliance with dose limits and not less than every 3 months commencing from the date of disclosure under subparagraph (1)(d).

National Dose Register

44.

44. (1) The Agency shall establish and maintain a data system for individual radiological monitoring of exposed workers (in these Regulations called “the National Dose Register”).

(2) The National Dose Register shall comprise the following sections: –

(a) particulars concerning the worker’s identity;

(b) particulars concerning the medical surveillance of the worker;

(c) particulars concerning the undertaking of the worker, and in the case of an outside worker, the employer of the worker; and

(d) the results of the individual monitoring of the exposed worker.

(3) The National Dose Register shall: –

(a) cover as a minimum the data listed in Part A of Schedule 9;

(b) include the issuance of individual radiological monitoring documents in the form of a radiation passbook for outside workers in accordance with the requirements of Schedule 9;

(c) assign a unique identification number to each exposed worker for the purposes of identifying an individual worker to enable the recording of individual radiological monitoring;

(d) make the unique identification number referred to in paragraph (5) available in writing to an undertaking and, in the case of outside workers, the employer pursuant to a request under Regulation 42(1)(d);

(e) make available any record held on an individual worker following a request in writing from that worker;

(f) make available an individual’s results under subparagraph (2)(d) to an undertaking or, in the case of an outside worker, the employer, following a request in writing; and

(g) retain records submitted under Regulation 42 during the period of the working life involving exposure to ionising radiation of the worker concerned and afterwards until they have or would have attained the age of 75 years but, in any case not less than 30 years after termination of the work involving exposure to ionising radiation.

Medical surveillance of exposed workers

45.

45. (1) This Regulation shall apply to Category A workers and any worker whom an undertaking, and in the case of outside workers, the employer, intends to classify as a Category A worker.

(2) Without prejudice to the duties of the undertaking under these Regulations, the undertaking, and in the case of outside workers, the employer, shall appoint an occupational health service to carry out medical surveillance of each worker to whom this Regulation applies who is employed or retained by it.

(3) The medical surveillance referred to in paragraph (2) shall be based on the principles that govern occupational medicine and must allow for ascertaining the state of health of workers under surveillance as regards their fitness for the tasks assigned to them.

(4) The undertaking, and in the case of outside workers, the employer, shall provide the occupational health service with access to any relevant information and records that this service may require including information and records with regard to the environmental conditions existing in the working premises.

(5) The medical surveillance referred to in paragraphs (2) and (3) shall include: –

(a) a medical examination of the worker prior to his or her being employed or classified as a Category A worker; the purpose of this examination shall be to determine the worker’s fitness for a post as a Category A worker for which he or she is being considered; and

(b) periodic reviews of his or her health.

(6) The review referred to in subparagraph (5)(b) shall be conducted at least once a year and at such lesser intervals as the occupational health service considers necessary and shall be conducted for the purpose of determining whether or not the Category A worker is fit to perform his or her duties. The nature of such a review shall depend on the type of work and on the individual’s state of health.

(7) If the occupational health service indicates the need for medical surveillance to be continued for such a period as the occupational health service specifies after the worker concerned has ceased to be employed, the undertaking, and in the case of outside workers, the employer, shall arrange for the medical surveillance under this Regulation to be continued by the occupational health service as specified in order to safeguard the health of the person concerned.

Medical classification

46.

46. (1) The occupational health service shall adopt the following medical classification with respect to fitness for work as a Category A worker: –

(a) Fit;

(b) Fit, subject to certain conditions; or

(2) If the occupational health service has determined that a worker is fit for work subject to certain conditions, the undertaking, and in the case of outside workers, the employer, shall not employ or retain or continue to employ or retain the worker as a Category A worker unless it complies with those conditions.

(3) The undertaking, and in the case of outside workers, the employer, shall ensure that no worker is employed or classified for any period in a particular post as a Category A worker if the medical findings of the occupational health service deem the worker unfit for that post.

Medical records

47.

47. (1) The undertaking, and in the case of outside workers, the employer, shall ensure that a medical record is made for each Category A worker and kept up to date so long as the worker remains a worker in that category.

(2) Thereafter, the medical record shall be retained until the individual has or would have attained 75 years of age, but in any case no less than 30 years after termination of the work involving exposure to ionising radiation.

(3) The medical record shall include: –

(a) the worker’s full name, gender, date of birth, permanent address and unique identifier;

(b) the date of the worker’s commencement as a Category A worker in his or her present employment;

(c) the date of the last medical examination or health review carried out under these Regulations in respect of the worker;

(d) the results of the medical examinations prior to employment or classification as a Category A worker and the results of the periodic health reviews;

(e) the record of the radiation doses received by the worker in accordance with Regulation 42;

(f) the comments of the occupational health service as to the worker’s fitness to work or as to the conditions to which the worker should be subject; and

(g) a signature on behalf of the occupational health service.

Special medical surveillance

48.

48. (1) The undertaking, and in the case of outside workers, the employer, shall provide such medical surveillance in addition to that required by Regulation 45 as is appropriate in each case where a worker, outside worker, apprentice or student has received an exposure in excess of the dose limits specified in Regulations 23, 25 and 26.

(2) In the case of exposed individuals referred to in paragraph (1), the undertaking, and in the case of outside workers, the employer, shall ensure that any determination by it with regard to the subsequent conditions for the exposure of these persons is approved of by the occupational health service.

(3) In addition to the medical surveillance of exposed workers provided for in these Regulations, the undertaking, and in the case of outside workers, the employer, shall make provision for any further actions in relation to the health protection of the exposed individual considered necessary by the occupational health service, such as further examinations, decontamination measures, urgent remedial treatment or other identified actions.

Appeals in relation to medical surveillance

49.

49. (1) Any person aggrieved by: –

(a) a decision made by the occupational health service under Regulation 46 with respect to fitness for work;

(b) a decision made by the undertaking, and in the case of outside workers, the employer, as to the extent of medical surveillance to be provided under Regulation 48(3); or

may appeal to the Circuit Court against that decision or determination.

(2) The Circuit Court, on hearing of an appeal under paragraph (1), may, as it thinks appropriate, affirm or set aside the decision or determination concerned or modify it in such a manner as it thinks fit.

Duties of Exposed Workers, Apprentices, Students and Employers

50.

50. (1) An exposed worker, outside worker, apprentice or student shall: –

(a) not knowingly expose himself or herself or any other person to ionising radiation to an extent greater than is reasonably necessary for the purpose of his or her work, and shall exercise reasonable care while carrying out such work;

(b) make full and proper use of any personal protective equipment provided, including personal dosemeters;

(c) forthwith report to the undertaking or in the case of outside workers, the employer, any defect he or she discovers in any such equipment;

(d) notify the undertaking or in the case of outside workers, the employer of any suspected exposure likely to cause a breach of any dose limit specified in Regulations 23, 25 and 26 or any other unusual occurrence causing or likely to cause exposure in excess of such a limit; and

(e) with the exception of outside workers, prior to the commencement of the work activity, disclose in writing to the undertaking details in accordance with Part A(4) of Schedule 9 of other undertakings under whose control the worker is liable to be exposed.

(2) An employer shall ensure that each outside worker employed by it is provided with an individual radiation passbook, which shall be non-transferable, and prior to the commencement of any activity, shall supply the data specified in Part B(1) of Schedule 9.

(3) A self-employed outside worker shall furnish himself or herself with a radiation passbook, which shall be non-transferable, and in which there shall be entered the particulars specified in Part B(1) of Schedule 9.

(4) An employer or a self-employed outside worker shall make suitable arrangements to ensure that the particulars entered in the radiation passbook concerned are kept up to date.

(5) An outside worker shall: –

(a) take reasonable care of the radiation passbook provided or made available to him or her, and, in the case where he or she is an employed outside worker, if it is lost, report the loss forthwith to the employer;

(b) not misuse the radiation passbook provided or made available to him or her or falsify or attempt to falsify any of the information contained in it;

(c) in the case where he or she is an employed outside worker, return the radiation passbook to the employer immediately on ceasing to be employed or retained by that undertaking or when the radiation passbook is full and requires renewal; and

(d) make the radiation passbook available to the undertaking on whose premises he or she carries out work.

(6) Where an outside worker who has lost a passbook subsequently finds it, he or she shall, in the case he or she is an employed outside worker, forthwith report its finding to the employer concerned and return that passbook to the undertaking.

Part 6 – PUBLIC EXPOSURES

Operational protection of members of the public

51.

51. (1) Undertakings shall take such measures as are necessary to ensure the operational protection of members of the public in normal circumstances having regard to the relevant provisions of these Regulations.

(2) For the purposes of these Regulations, “operational protection of members of the public” means, in normal circumstances, all arrangements and surveys for detecting and eliminating the factors which, in the course of any operation, may result in actual or potential exposure to members of the public exceeding the relevant dose constraint such that the exposure from all authorised practices is not liable to exceed 1 mSv in a year.

(3) For relevant workplaces, the Agency shall before granting a registration or a licence in respect of a practice or amending any condition attached to a registration or specified in a licence require the undertaking to submit to it for examination and approval: –

(a) the proposed siting of the workplaces from a radiation protection point of view, taking into account relevant demographic, meteorological, geological, hydrological and ecological conditions;

(b) a statement of planned arrangements to ensure adequate protection against any exposure or radioactive contamination liable to extend beyond the perimeter of the workplaces or radioactive contamination liable to extend to the ground beneath the facility;

(d) the results of a screening assessment of the doses liable to be received by the population as a result of any practice carried out by it; and

(e) a statement of planned measures to control the access of members of the public to the facility.

(4) The Agency shall, where appropriate, establish limits and conditions on the quantities of radionuclides discharged to air or water during a specified period, which shall take into account: –

(i) the results of the optimisation of radiation protection;

(ii) good practice in the operation of similar facilities; and

(iii) where appropriate, results of generic screening assessment based on internationally recognised scientific guidance, where such an assessment has been required by the Agency.

Tasks for the undertaking

52.

52. The undertaking shall ensure that a practice in respect of which an authorisation has been granted is carried out in accordance with the principles of health protection of members of the public as they relate to radiation protection and in particular shall do the following things within its facility: –

(a) achieve and maintain an optimal level of protection of members of the public;

(b) operate adequate equipment and procedures for measuring and assessing, as appropriate, exposure of members of the public and radioactive contamination of the environment;

(c) check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

(d) seek advice from an appropriate radiation protection adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

Monitoring of radioactive discharges

53.

53. For practices specified by the Agency, the undertaking shall: –

(a) monitor or evaluate, where appropriate, the radioactive airborne or liquid discharges into the environment in normal operation, and report the results to the Agency;

(b) maintain records of the monitoring referred to in paragraph (a);

(d) make an assessment of the doses received by the population as a result of any practice carried out by it, in accordance with Regulation 54; and

(e) make and keep records of the assessments referred to in paragraph (d) and make these available on request to all stakeholders relating to measurements of external exposure and contamination, estimates of intakes of radionuclides, and the results of the assessment of the doses received by the representative person.

Estimation of doses to members of the public

54.

54. (1) Where the Agency specifies that a realistic dose assessment is required, undertakings shall ensure that the estimates of doses to the representative person include an assessment of: –

(a) the doses due to external radiation, indicating, where appropriate, the type of the radiation in question;

(b) the intake of radionuclides, indicating the nature of the radionuclides and, where necessary, their physical and chemical states, and determination of the activity concentrations of these radionuclides in food and drinking water or other relevant environmental media; and

(2) In the aftermath of a radiological emergency where there are lasting exposures resulting from the after-effects of the emergency, or in instances of lasting exposure resulting from a practice which has ceased to be carried out, undertakings shall ensure the provisions of Regulation 61 are met when assessing public exposures.

Part 7 – EMERGENCY PREPAREDNESS AND RESPONSE

National Plan for Nuclear and Radiological Emergency Exposures

55.

55. (1)(a) The Minister shall, after consultation with such other Minister of the Government (if any) who might, in the opinion of the Minister, be concerned in the matter, establish and maintain a plan for the national response to nuclear and radiological emergency exposure situations.

(b) the “National Plan for Nuclear and Radiological Emergency Exposures” (in these Regulations referred to as “the National Plan”) shall be based on, and commensurate with, an assessment of potential emergency exposure situations that may arise from events taking place either inside or outside the State.

(2) The National Plan shall set out: –

(a) the organisation at national level of appropriate protective measures including the elements set out in Schedule 15;

(b) procedures for providing information to the public in the event of a national emergency exposure situation, including the elements set out in Schedule 16, Part B;

(c) (i) provision for cooperation and coordination activities with other Member States, relevant third countries and relevant international organisations;

(ii) these activities shall not prevent or delay any necessary actions to be taken at national level; and

(d) provision for the transition from a national emergency exposure situation to an existing exposure situation.

(3) The Agency shall arrange for the carrying out of drills and exercises to test the effectiveness of the protective measures set out in the National Plan at suitable intervals.

(4) In the aftermath of a nuclear or radiological emergency exposure situation arising from events taking place either inside or outside the State, the Agency shall record and review the consequences of the nuclear or radiological emergency exposure situation and assess the effectiveness of the protective measures and report those findings to the Minister at the earliest opportunity.

(5) The Minister shall periodically review the National Plan to take account of changes or lessons identified from exercises and events.

(6) The Minister will establish and maintain a dedicated website providing information to the public likely to be affected by an emergency exposure situation. The website will include the elements set out in Schedule 16, Part A.

Contaminated Areas and Existing Exposure Situations

56.

56. (1) In the aftermath of a nuclear or radiological emergency exposure situation, where there are lasting exposures resulting from the after-effects of the emergency, or in instances of lasting exposure resulting from a practice which has ceased to be carried out, or where there is lasting elevated exposure due to natural radiation sources, the Minister shall develop a strategy for contaminated areas and existing exposure situations, aimed at minimising the lasting exposures, which shall include, where applicable, the following elements: –

(a) objectives, including long-term goals pursued by the response and corresponding reference levels in accordance with Regulation 21;

(b) delineation of the affected areas and identification of the affected members of the public;

(c) consideration of the need for and extent of protective measures to be applied to the affected areas and members of the public;

(d) consideration of the need to prevent or control access to the affected areas, or to impose restrictions on living conditions in these areas;

(e) assessment of the exposure of different groups in the population and assessment of the means available to individuals for controlling their own exposure;

(f) controls on commodities incorporating radionuclides from the contaminated area;

(g) consideration of the need to ensure that the form, scale and duration of all protective measures in the strategy are optimised; and

(h) provision for cooperation, where appropriate, with other Member States and relevant third countries in the transition from an emergency exposure situation to an existing exposure situation.

(2) In areas with long-lasting residual contamination or other existing exposure situations where it has been decided to allow habitation and the resumption of social and economic activities, the Agency, in consultation with stakeholders, including residents and property owners, shall ensure that arrangements are in place, as necessary, for the ongoing control of exposure with the aim of establishing living conditions that can be considered as normal, including: –

(a) establishment of appropriate reference levels, commensurate with the characteristics of the exposure situation, taking into account the reference levels for public exposure laid down in Schedule 1;

(b) establishment of an infrastructure to support continuing self-help protective measures in the affected areas, including the provision by the Agency of expert advice and information and appropriate monitoring;

(d) if appropriate, delineated areas.

(3) For existing exposure situations, the Agency shall: –

(a) assess the distribution of doses that has resulted from the implementation of the strategy;

(b) evaluate the available remedial and protective measures for achieving the objectives and the efficiency of planned and implemented measures;

(c) provide information to exposed populations on the potential health risks and on the available means for reducing their exposure;

(d) provide guidance for the management of exposures at individual or local level; and

(e) with regard to activities that involve naturally occurring radioactive material and are not managed as planned exposure situations, provide information on appropriate means for monitoring concentrations and exposures and for taking protective measures.

(4) For existing exposure situations arising from exposure to naturally-occurring radionuclides in commodities excluding food and drinking water, the Minister shall develop a Strategy aimed at minimising the lasting exposures, which shall include, where applicable, the following elements: –

(a) objectives, including long-term goals pursued by the strategy and corresponding reference levels in accordance with Regulation 21;

(b) identification of the affected commodities and of the affected members of the public;

(d) consideration of the need for and extent of controls to be applied to the affected commodities; and

(e) consideration of the need to ensure that the form, scale and duration of all protective measures in the strategy are optimised.

Major Emergency Plans

57.

57. (1) Any plans prepared by local authorities to deal with major emergencies shall include provision for the organisation of the emergency response actions and protective measures which may be required to be taken within their local government area in the event of a radiological emergency exposure situation.

(2) Such plans shall include the elements set out in Schedule 15 in line with guidelines prepared by the Agency and include provision for the transition from an emergency exposure situation to an existing exposure situation.

(3) Any local authority responsible for the organisation of emergency response or protective measures shall provide radiological monitoring and medical surveillance for those involved in the taking of the measures, as appropriate.

(4) Local authorities shall ensure that any such plans are tested, reviewed and, as appropriate, revised at regular intervals.

Emergency Preparedness for Licensed Undertakings

58.

58. (1) In the case of a practice which is subject to licence, the undertaking shall: –

(a) evaluate the possibility of a radiological emergency resulting from the practice and the potential for exposure of workers and members of the public; and

(b) based on the evaluation, prepare an emergency response plan following consultation with a radiation protection adviser, the Agency and, where appropriate, the local authority within whose local government area the undertaking carries on the practice (in these Regulations referred to as “the relevant local authority”).

(2) The undertaking shall: –

(a) submit a copy of the emergency response plan referred to in subparagraph (1)(b) to the Agency and, where appropriate, the relevant local authority as soon as may be practicable after it is prepared;

(b) carry out drills and exercises to test the emergency response plan at regular intervals;

(c) ensure that, where appropriate, suitably trained personnel are available for technical, medical and health intervention; and

(d) ensure that any person under the control of the undertaking who may be involved in or may be affected by the emergency response plan is given suitable instruction in the arrangements of the plan.

Duty of Undertaking to inform members of the public likely to be affected in the event of a radiological exposure situation

59.

59. (1) Where the evaluation referred to in Regulation 58 identifies the potential for members of the public to be exposed, the undertaking shall make provisions to ensure that the members of the public likely to be affected are given information about the health protection measures applicable to them and the action they should take in the event of such an exposure.

(2) The information supplied pursuant to paragraph (1) shall include, at least, the following: –

(a) basic facts about radioactivity and its effects on human beings and the environment;

(b) the various types of exposure covered and their consequences for the public and the environment; and

(3) The undertaking shall make provision for ensuring that the information referred to in paragraph (2) is reviewed every 3 years and whenever significant changes in the arrangements that it describes take place, and that it is made permanently available to the public.

Emergency response for Undertakings

60.

60. (1) An undertaking carrying on a practice shall, in accordance with guidelines issued by the Agency, immediately upon a radiological emergency arising from the practice, notify the Agency of the emergency. At the same time the undertaking shall inform the local emergency services of the circumstances with respect to the emergency.

(2) In relation to such an emergency, the undertaking shall make an initial provisional assessment of the circumstances surrounding, and the possible consequences of, the emergency and submit a statement in writing of that assessment to the Agency as soon as possible but not later than 24 hours after the commencement of the emergency.

(3) The undertaking shall undertake or assist with any protective measures appropriate to the circumstances of the radiological emergency.

(4) The protective measures referred to in paragraph (3) shall include, if the situation so requires, protective measures related to: –

(a) the radiation source, to reduce or stop the radiation, including the release of radionuclides;

(b) the environment, to reduce the exposure to individuals resulting from radioactive substances through relevant pathways; and

(5) The undertaking and the relevant local authority or authorities, in whose local government area or areas protective measures are being taken, shall co-operate with one another with regard to those measures.

(6) The undertaking, the relevant local authority or any other organisation responsible for the organisation of emergency response or protective measures shall provide radiological monitoring and medical surveillance for those involved in the taking of the measures, as appropriate.

(7) The undertaking shall ensure that when a radiological emergency occurs the population actually affected by the emergency is informed without delay of the factors of the emergency, of the steps to be taken and, as appropriate, the health protection measures applicable to it.

(8) The information supplied pursuant to paragraph (7) shall include, where relevant to the type of emergency, the following: –

(a) information on the type of emergency that has occurred and, where possible, its characteristics (for example origin, extent and probable development);

(b) advice on protection, which, depending on the type of emergency, may: –

(i) cover the following: restrictions on the consumption of certain foodstuffs and water likely to be contaminated, simple rules on hygiene and decontamination, recommendations to stay indoors, distribution and use of protective substances, evacuation arrangements;

(ii) be accompanied, where necessary, by special warnings for certain groups of the members of the public; and

(9) Decisions introducing or altering an exposure pathway for existing and emergency exposure situations shall be justified in the sense that they should do more good than harm.

Communication and recording of significant events

61.

61. (1) The undertaking shall: –

(a) implement, as appropriate, a recording and analysis system of significant events involving or potentially involving accidental exposures;

(b) promptly notify the Agency of the occurrence of any significant event resulting or liable to result in the exposure of an individual beyond the operational limits or conditions of operation specified in authorising requirements with regard to occupational or public exposure, including the results of the investigation and the corrective measures to avoid such events; and

(2) Where an undertaking suspects or has been informed that an occurrence referred to in paragraph (1) has or may have taken place, it shall immediately make an investigation of the matter and submit a report of the investigation to the Agency as soon as possible.

Emergency occupational exposure

62.

62. (1)(a) The Agency shall establish reference levels for emergency occupational exposures. Such reference levels shall apply to emergency workers or other persons involved in taking response actions or protective measures in an emergency, and: –

(i) remain, where possible, below the value of dose limits laid down in Regulation 23; and

(ii) in general, be below an effective dose of 100 mSv where the condition set out in clause (i) is not feasible.

(b) The Agency shall prepare and make available guidelines with regard to reference levels for emergency occupational exposure established under subparagraph (a) having regard to Schedule 1.

(c) The Agency shall prepare guidelines on the training and protection arrangements to be provided to emergency workers who were not pre-designated in the emergency response plan and any volunteers involved in response to an emergency.

(2) In preparing such guidelines, the Agency shall take account of the technical obligations and health risks associated with the emergency response or protective measures concerned.

(3) An exposure of a person referred to in paragraph (1) to a dose in excess of the limits established under that paragraph, but not exceeding 500mSv, may be permitted in exceptional circumstances to save human lives, prevent severe radiation–induced health effects, or prevent catastrophic conditions, where the person has been clearly and comprehensively informed of the associated health risks of such an action and the available protection measures in advance of agreeing voluntarily to undertake such an action.

Prior information and training for emergency workers

63.

63. (1) The employer, undertaking or organisation responsible for the protection of emergency workers in an emergency exposure situation shall ensure that emergency workers are: –

(a) identified in the relevant emergency response plan;

(b) given adequate and regularly updated information on their role in the response, taking into account the range of potential emergencies;

(d) provided appropriate training including practical exercises, where appropriate;

(e) provided with supplementary information to ensure their safety should an emergency occur, having regard to the specific circumstances of the emergency; and

(f) provided with radiological and medical surveillance, as appropriate.

Part 8 – NATURALLY OCCURRING RADIATION

National Radon Control Strategy

64.

64. (1) The Minister shall establish and maintain a National Radon Control Strategy aimed at minimising exposure to radon which shall include the following elements: –

(a) measures to promote the identification of dwellings with radon concentrations above the national reference level established by the Agency, pursuant to Regulation 65, as measured in accordance with guidelines as may be issued by the Agency;

(b) where dwellings with radon concentrations above the national reference level are identified, the provision of information aimed at encouraging remedial work to reduce those levels; and

(c) local and national information on indoor radon exposure and the associated health risks, on the importance of performing radon measurements and on the technical means available for reducing existing radon concentrations.

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