Ionising Radiations Regulations (Northern Ireland) 2000

Part II — Quantity Ratios for more than one Radionuclide

1

For the purpose of Regulation 2(4), the quantity ratio for more than one radionuclide is the sum of the quotients of the quantity of a radionuclide present Qp divided by the quantity of that radionuclide specified in the appropriate column of Part I of this Schedule Qlim, namely—

$ΣQpQlim$

2

In any case where the isotopic composition of a radioactive substance is not known or is only partially known, the quantity ratio for that substance shall be calculated by using the values specified in the appropriate column in Part I for ‘other radionuclides not listed above’ for any radionuclide that has not been identified or where the quantity of a radionuclide is uncertain, unless the employer can show that the use of some other value is appropriate in the circumstances of a particular case, when he may use that value.

SCHEDULE 9 — Premises and activities within territorial waters

Interpretation

1

• (1) In this Schedule—

• “designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964²⁸ and “within a designated area” includes over and under it;

• “offshore installation” shall be construed in accordance with paragraph 2(2) and (3);

• “stand-by vessel” means a vessel which is ready to give assistance in the event of an emergency on or near an offshore installation;

• “vessel” includes a hovercraft and any floating structure which is capable of being staffed.

• (2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

• (3) For the purposes of this Schedule, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when—

• (a) he is no longer subjected to raised pressure;

• (b) he has normal inert gas partial pressure in his tissues; and

• (c) if he entered the water, he has left it,

and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.

• (4) Any reference in this Schedule to premises and activities (howsoever described) includes a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity but does not include a reference to an aircraft which is airborne.

Offshore installations

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• (1) This paragraph applies to—

• (a) any offshore installation and any activity on it;

• (b) any activity, including diving operations, in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, on or from a vessel or in any other manner, other than—

• (i) transporting, towing or navigating the installation; or

• (ii) any activity on or from a vessel being used as a stand-by vessel; or

• (c) diving operations involving the survey and preparation of the sea bed for an offshore installation.

• (2) Subject to sub-paragraph (3), in this Schedule “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—

• (a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

• (b) for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;

• (c) for the conveyance of things by means of a pipe; or

• (d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph, and which is not an excepted structure.

• (3) For the purposes of sub-paragraph (2), the excepted structures are—

• (a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

• (b) a well;

• (c) a structure which has ceased to be used for any of the purposes specified in sub-paragraph (2) and has since been used for a purpose not so specified;

• (d) a mobile structure which has been taken out of use and is not for the time being intended to be used for any of the purposes specified in sub-paragraph (2); and

• (e) any part of a pipeline.

Wells

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• (1) This paragraph applies to—

• (a) a well and any activity in connection with it; or

• (b) an activity which is immediately preparatory to any activity in head (a).

• (2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines

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• (1) This paragraph applies to—

• (a) a pipeline;

• (b) any pipeline works; or

• (c) any of the following activities in connection with pipeline works—

• (i) the loading, unloading, fuelling or provisioning of a vessel;

• (ii) the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works.

• (2) In this paragraph—

• “pipeline” means a pipe or system of pipes for the conveyance of any thing, together with— any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system; any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system; valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system; apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in heads (a) to (c); apparatus for the transmission of information for the operation of the pipe or system; apparatus for the cathodic protection of the pipe or system; and a structure used or to be used solely for the support of a part of the pipe or system; but not including a pipeline of which no initial or terminal point is situated in the United Kingdom or within territorial waters, United Kingdom territorial waters adjacent to Great Britain or a designated area;

• “pipeline works” means— assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it; inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline; changing the position of or dismantling or removing a pipeline or length of pipeline; opening the bed of the sea for the purposes of the works mentioned in heads (a) to (c), and tunnelling or boring for those purposes; any activities incidental to the activities described in heads (a) to (d); diving operations in connection with any of the works mentioned in heads (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines

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• (1) This paragraph applies to the working of a mine and to work for the purpose of, or in connection with, the working of any part of a mine.

• (2) In this paragraph “mine” and “working of a mine” have the same meaning as in the Mines Act (Northern Ireland) 1969²⁹.

Other activities

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• (1) Subject to sub-paragraph (2), this paragraph applies to—

• (a) the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel, or any preparation for any such activity;

• (b) the loading, unloading, fuelling or provisioning of a vessel;

• (c) diving operations;

• (d) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel; or

• (e) the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(3)(d) relates.

• (2) This paragraph does not apply to vessels which are registered outside the United Kingdom and are on passage through territorial waters.

SCHEDULE 10 — Modifications

The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990

1

In Schedule 1 to the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990³⁰, for the words “Parts IV and V of Schedule 1 to the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “Paragraphs 5 and 11 of Schedule 4 to the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

The Employment Rights (Northern Ireland) Order 1996

2

In Article 96(3) of the Employment Rights (Northern Ireland) Order 1996³¹, for the words “regulation 16 of the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “regulation 24 of the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

Personal Protective Equipment at Work Regulations (Northern Ireland) 1993

3

In regulation 3(3) of the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993³², for the words “the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

Notification of New Substances Regulations (Northern Ireland) 1994

4

In paragraph (2)(e) of regulation 3 of the Notification of New Substances Regulations (Northern Ireland) 1994³³, for the words “the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

Chemicals (Hazard information and Packaging for Supply) Regulations (Northern Ireland) 1995

5

In paragraph (l)(a) of regulation 3 of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995³⁴, for the words “the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997

6

For paragraph 8(2) of Schedule 2 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997³⁵, there shall be substituted—

• In this paragraph, “radiation generator” means any electrical equipment emitting ionising radiation and containing components operating at a potential difference of more than 5 kV.

Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 1998

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Health and Safety (Fees) Regulations (Northern Ireland) 1998

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In regulation 5(1) of the Health and Safety (Fees) Regulations (Northern Ireland) 1998³⁶, for the words “the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999

9

The Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999³⁷ shall be amended as follows—

• (a) in the definition of “ionising radiation” in regulation 2(1), for the words “the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”;

• (b) in sub-paragraph (d) of paragraph 4 of Schedule 2, for the words “Schedule 3 to the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “Schedule 1 to the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”;

• (c) in paragraph 5 of Schedule 2, for the words “the Ionising Radiations Regulations (Northern Ireland) 1985” there shall be substituted “the Ionising Radiations Regulations (Northern Ireland) 2000 [S.R. 2000 No. 375]”.

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 30th November 2000.

M. Bohill — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations.)

These Regulations supersede and consolidate the Ionising Radiations Regulations (Northern Ireland) 1985 (S.R. 1985 No. 273) and the Ionising Radiations (Outside Workers) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 469).

The Regulations impose duties on employers to protect employees and other persons against ionising radiation arising from work with radioactive substances and other sources of ionising radiation and also impose certain duties on employees.

The Regulations implement in part as respects Northern Ireland provisions of—

• (a) Council Directive 96/29/Euratom (O.J. No. L159, 29.6.96, p. 1) laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation;

• (b) Council Directive 90/641/Euratom (O.J. No. L349, 13.12.90, p. 23) on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas;

• (c) Council Directive 97/43/Euratom (O.J. No. L180, 9.7.97, p. 22) on health protection of individuals against the dangers of ionising radiation in relation to medical exposure.

The Regulations are divided into 7 Parts.

Part I (Interpretation and General — Regulations 1-4) The Regulations define the terms used in and the scope of the Regulations. For the purposes of the Regulations, an employer includes a self-employed person and an employee includes a self-employed person and a trainee.

Part II (General principles and procedures — Regulations 5-12) The Regulations— a prohibit the carrying out of specified practices without the authorisation of the Health and Safety Executive for Northern Ireland (“the Executive”); b require specified work with ionising radiation to be notified to the Executive; c require radiation employers to make a prior assessment of the risks arising from their work with ionising radiation, to make an assessment of the hazards likely to arise from that work and to prevent and limit the consequences of identifiable radiation accidents; d require radiation employers to take all necessary steps to restrict so far as is reasonably practicable the extent to which employees and other persons are exposed to ionising radiation; e require respiratory protective equipment used in work with ionising radiation to conform with agreed standards and require all personal protective equipment and other controls to be regularly examined and properly maintained; f impose limits (specified in Schedule 4) on the doses of ionising radiation which employees and other persons may receive; g require in certain circumstances the preparation of contingency plans for radiation accidents which are reasonably foreseeable.

Part III (Arrangements for the management of radiation protection— Regulations 13-15) The Regulations require that radiation employers consult radiation protection advisers in respect of matters specified in Schedule 5 and that employers ensure that adequate information, instruction and training is given to employees and other persons. Employers are required to co-operate by exchanging information to enable compliance by others with requirements to limit the exposure of employees to ionising radiation.

Part IV (Designated areas— Regulations 16-19) The Regulations— a provide that areas in which persons need to follow special procedures to restrict exposure or in which persons are likely to receive more than specified doses of ionising radiation be designated as controlled or supervised areas; b restrict entry into controlled areas to specified persons and circumstances; c require radiation employers to set out appropriate local rules for controlled or supervised areas and to appoint radiation protection supervisors for the purpose of securing compliance with the Regulations; d impose specified duties upon employers in relation to outside workers; e require radiation levels to be monitored in controlled or supervised areas and provide for the maintenance and testing of monitoring equipment.

Part V (Classification and monitoring of persons — Regulations 20-26) The Regulations require that employees who are likely to receive more than specified doses of ionising radiation be designated as classified persons, that doses received by classified persons be assessed by one or more dosimetry service approved by the Executive or by the Great Britain Health and Safety Executive and that records of such doses are made and kept for each such person. The Regulations also provide for— a certain employees to be subject to medical surveillance; b any cases in which an employee has received an overexposure to be investigated and notified to the Executive; c investigations to be made where employees are exposed above specified levels; d modified dose limits for employees who have received an overexposure.

Part VI (Arrangements for the control of radioactive substances, articles and equipment— Regulations 27-33) The Regulations— a require that where a radioactive substance is to be used as a source of ionising radiation, it should, whenever reasonably practicable, be in the form of a sealed source and that any articles embodying or containing radioactive substances are suitably designed, constructed, maintained and tested; b cover the accounting for, keeping and moving of radioactive substances and require that incidents in which more than specified quantities of radioactive substances escape or are lost or stolen be notified to the Executive; c impose duties on manufactures etc. and installers of articles for use in work with ionising radiation to ensure that such articles are designed, constructed and installed so as to restrict, so far as is reasonably practicable, exposure to ionising radiation; d impose similar duties upon employers in relation to equipment used for medical exposures together with additional duties in relation to the testing and safe operation of such equipment; e require employers to investigate any defect in medical equipment which may have resulted in a person receiving a dose of ionising radiation much greater than was intended and to notify the Executive of such incidents; f prohibit interference with sources of ionising radiation.