21.
- (1) Every employer shall ensure that -
(a) in respect of each of his employees who is designated as a
classified person, an assessment is made of all doses of ionising radiation received by such employee
which are likely to be significant; and
(b) such assessments are
recorded.
(2) For the purposes of paragraph (1), the
employer shall make suitable arrangements with one or more approved dosimetry service
for -
(a) the making of systematic assessments of such doses by the use of suitable
individual measurement for appropriate periods or, where individual
measurement is inappropriate, by means of other suitable measurements;
and
(b) the making and maintenance of dose records relating to each
classified person.
(3) For the purposes of paragraph (2)(b), the
arrangements that the employer makes with the approved dosimetry service shall include
requirements for that service -
(a) to keep the records made and maintained pursuant to the
arrangements or a copy thereof until the person to whom the record
relates has or would have attained the age of 75 years but in any event
for at least 50 years from when they were made;
(b) to provide
the employer at appropriate intervals with suitable summaries of the
dose records maintained in
accordance with sub-paragraph (a) above;
(c) when required by the
employer, to provide him with such copies of the dose record relating to any of his
employees as the employer may require;
(d) when required by the
employer, to make a record of the information concerning the dose assessment relating to a
classified person who ceases to be an employee of the employer, and to
send that record to the Executive and a copy thereof to the employer
forthwith, and a record so made is referred to in this regulation as a "termination
record";
(e) within 3 months, or such longer period as the
Executive may agree, of the end of each calendar year to send to the
Executive summaries of all current dose records relating to that
year;
(f) when required by the Executive, to provide it with
copies of any dose
records;
(g) where a dose
is estimated pursuant to regulation 22, to make an entry in a
dose record and retain the
summary of the information used to estimate that dose;
(h) where the employer
employs an outside worker, to provide, where appropriate, a current
radiation passbook in respect of
that outside worker; and
(i) where the employer employs an
outside worker who works in
Northern Ireland or another member State, maintain a continuing record
of the assessment of the dose
received by that outside worker when working in such place.
(4) The employer shall provide the approved
dosimetry service with such
information concerning his employees as is necessary for the approved
dosimetry service to comply with
the arrangements made for the purposes of paragraph
(2).
(5) An employer
shall -
(a) ensure that each outside worker employed by him is provided with
a current individual radiation
passbook which shall not be transferable to any other worker and in
which shall be entered the particulars set out in Schedule 6;
and
(b) make suitable arrangements to ensure that the particulars
entered in the radiation
passbook are kept up-to-date during the continuance of the employment of
the outside worker by that employer.
(6) The employer shall -
(a) at the request of a classified person employed by him (or of a
person formerly employed by him as a classified person) and on
reasonable notice being given, obtain (where necessary) from the
approved dosimetry service and
make available to that person -
(i) a copy of the dose
summary provided for the purpose of paragraph (3)(b) relating to that
person and made within a period of 2 years preceding the request;
and
(ii) a copy of the dose record of that person;
and
(b) when a classified person ceases to be employed by the employer,
take all reasonable steps to provide to that person a copy of his
termination record.
(7) The employer shall keep a copy of the
summary of the dose record
received from the approved dosimetry service for at least 2 years
from the end of the calendar year to which the summary
relates.
Estimated doses
and special entries
22.
- (1) Where a dosemeter or other device is used to make any
individual measurement under regulation 21(2) and that dosemeter or
device is lost, damaged or destroyed or it is not practicable to assess
the dose received by a classified
person over any period, the employer shall make an adequate investigation
of the circumstances of the case with a view to estimating the dose received by that person during that
period and either -
(a) in a case where there is adequate information to estimate the
dose received by that person,
shall send to the approved dosimetry service an adequate summary
of the information used to estimate that dose and shall arrange for the
approved dosimetry service to
enter the estimated dose in the
dose record of that person;
or
(b) in a case where there is inadequate information to
estimate the dose received by
the classified person, shall arrange for the approved dosimetry service to enter a notional
dose in the dose record of that person which shall
be the proportion of the total annual dose limit for the relevant
period,
and in either case the employer shall take reasonable steps to inform
the classified person of that entry and arrange for the approved dosimetry service to identify the entry
in the dose record as an estimated
dose or a notional dose as the case may
be.
(2) The employer shall, at the request
of the classified person (or a person formerly employed by that employer
as a classified person) to whom the investigation made under paragraph (1)
relates and on reasonable notice being given, make available to that
person a copy of the summary sent to the approved dosimetry service under sub-paragraph
(a) of paragraph (1).
(3) Subject to
paragraphs (5) and (8), where an employer has reasonable cause to believe
that the dose received by a
classified person is much greater or much less than that shown in the
relevant entry of the dose record,
he shall make an adequate investigation of the circumstances of the
exposure of that person to ionising radiation and, if that investigation
confirms his belief, the employer shall, where there is adequate
information to estimate the dose
received by the employee -
(a) send to the approved dosimetry service an adequate summary
of the information used to estimate that dose;
(b) arrange for the
approved dosimetry service to
enter that estimated dose in the
dose record of that person and
for the approved dosimetry
service to identify the estimated dose in the dose record as a special entry;
and
(c) notify the classified person accordingly.
(4) The employer shall make a report of any
investigation carried out under paragraph (3) and shall preserve a copy of
that report for a period of 2 years from the date it was
made.
(5) Paragraph (3) shall not
apply -
(a) in respect of a classified person subject only to an annual
dose limit, more than 12 months
after the original entry was made in the record; and
(b) in any
other case, more than 5 years after the original entry was made in the
record.
(6) Where a classified person is aggrieved by a
decision to replace a recorded dose by an estimated dose pursuant to paragraph (3) he may,
by an application in writing to the Executive made within 3 months of the
date on which he was notified of the decision, apply for that decision to
be reviewed.
(7) Where the Executive
concludes (whether as a result of a review carried out pursuant to
paragraph (6) or otherwise) that -
(a) there is reasonable cause to believe the investigation carried
out pursuant to paragraph (3) was inadequate; or
(b) a reasonable
estimated dose has not been
established,
the employer shall, if so directed by the Executive, re-instate the
original entry in the dose
record.
(8) The employer shall not, without
the consent of the Executive, require the approved dosimetry service to enter an estimated
dose in the dose record in any case
where -
(a) the cumulative recorded effective dose is 20mSv or more in one calendar
year; or
(b) the cumulative recorded equivalent dose for the calendar year exceeds a
relevant dose limit.
Dosimetry for accidents
etc.
24. - (1) This regulation shall apply in relation
to -
(a) classified persons and persons whom an employer intends to
designate as classified persons;
(b) employees who have received
an overexposure and are not classified persons;
(c) employees who
are engaged in work with ionising radiation subject to conditions
imposed by an appointed doctor or employment medical adviser under
paragraph (6).
(2) The employer shall ensure that each of his
employees to whom this regulation
relates is under adequate medical surveillance by an appointed doctor or
employment medical adviser for the purpose of determining the fitness of
each employee for the work with
ionising radiation which he is to carry
out.
(3) The employer shall ensure that a
health record, containing the
particulars referred to in Schedule 7, in respect of each of his employees
to whom this regulation relates is
made and maintained and that that record or a copy thereof is kept until
the person to whom the record relates has or would have attained the age
of 75 years but in any event for at least 50 years from the date of the
last entry made in it.
(4) Subject to
paragraph (5), the employer shall ensure that there is a valid entry in
the health record of each of his
employees to whom this regulation
relates (other than employees who have received an overexposure and who
are not classified persons) made by an appointed doctor or employment
medical adviser and an entry in the health record shall be
valid -
(a) for 12 months from the date it was made or treated as made by
virtue of paragraph (5);
(b) for such shorter period as is
specified in the entry by the appointed doctor or employment medical
adviser; or
(c) until cancelled by an appointed doctor or
employment medical adviser by a further entry in the record.
(5) For the purposes of paragraph (4)(a), a
further entry in the health record
of the same employee shall, where made not less than 11 months nor more
than 13 months after the start of the current period of validity, be
treated as if made at the end of that
period.
(6) Where the appointed doctor or
employment medical adviser has certified in the health record of an employee to whom
this regulation relates that in
his professional opinion that employee should not be engaged in work with ionising radiation or that he should only be so
engaged under conditions he has specified in the health record, the employer shall not
permit that employee to be engaged in the work with ionising radiation except in accordance with the
conditions, if any, so specified.
(7)
Where, for the purpose of carrying out his functions under these Regulations, an appointed doctor or
employment medical adviser requires to inspect any workplace, the employer
shall permit him to do so.
(8) The employer
shall make available to the appointed doctor or employment medical adviser
the summary of the dose record
kept by the employer pursuant to regulation 21(7) and such other records
kept for the purposes of these Regulations as the appointed doctor or
employment medical adviser may reasonably
require.
(9) Where an employee is aggrieved
by a decision recorded in the health record by an appointed doctor or
employment medical adviser he may, by an application in writing to the
Executive made within 3 months of the date on which he was notified of the
decision, apply for that decision to be reviewed in accordance with a
procedure approved for the purposes of this paragraph by the Health and Safety Commission, and the result of
that review shall be notified to the employee and entered in his health record in accordance with the
approved procedure.
Investigation and notification of
overexposure
25.
- (1) Where a radiation
employer suspects or has been informed that any person is likely to have
received an overexposure as a result of work carried out by that employer, that
employer shall make an immediate investigation to determine whether there
are circumstances which show beyond reasonable doubt that no overexposure
could have occurred and, unless this is shown, the radiation employer
shall -
(a) as soon as practicable notify the suspected overexposure
to -
(i) the Executive;
(ii) in the case of an employee of some
other employer, that other employer; and
(iii) in the case of
his own employee, the appointed doctor or employment medical
adviser;
(b) as soon as practicable take reasonable steps to notify the
suspected overexposure to the person affected; and
(c) make or
arrange for such investigation of the circumstances of the exposure and
an assessment of any relevant dose received as is necessary to
determine, so far as is reasonably practicable, the measures, if any,
required to be taken to prevent a recurrence of such overexposure and
shall forthwith notify the results of that investigation and assessment
to the persons and authorities mentioned in sub-paragraph (a) above and
shall -
(i) in the case of his employee, forthwith notify that employee of
the results of the investigation and assessment, or
(ii) in the
case of a person who is not his employee, where the investigation has
shown that that person has received an overexposure, take all
reasonable steps to notify him of his overexposure.
(2) A radiation employer who makes any
investigation pursuant to paragraph (1) shall make a report of that
investigation and shall -
(a) in respect of an immediate investigation, keep that report or a
copy thereof for at least 2 years from the date on which it was made;
and
(b) in respect of an investigation made pursuant to
sub-paragraph (c) of paragraph (1), keep that report or a copy thereof
until the person to whom the record relates has or would have attained
the age of 75 years but in any event for at least 50 years from the date
on which it was made.
(3) Where the person who received the
overexposure is an employee who has a dose record, his employer shall arrange
for the assessment of the dose
received to be entered into that dose record.
Dose limitation for overexposed
employees