The Radiation (Emergency Preparedness and Public Information) Regulations 2019

Emergency exposures: employees

18.—(1) Where an emergency plan prepared pursuant to these Regulations provides for the possibility of any employee receiving an emergency exposure, each employer must, in relation to that employer’s employees—

(a) identify those employees who may be subject to emergency exposures;

(b) provide those employees with appropriate training in the field of radiation protection and such information and instruction as is suitable and sufficient for them to know the risks to health created by exposure to ionising radiation and the precautions which should be taken;

(c) provide such equipment as is necessary to restrict the exposure of such employees to ionising radiation;

(d) make arrangements for medical surveillance by an appointed doctor or employment medical advisor to be carried out without delay in the event of a radiation emergency in respect of those employees who receive emergency exposures;

(e) make arrangements with an approved dosimetry service for—

(i) dose assessments to be carried out without delay in the event of a radiation emergency in respect of those employees who receive emergency exposures, and a dose assessment made for the purpose of this sub-paragraph shall, where practicable, be made separately from any other dose assessment relating to those employees; and

(ii) the results of the dose assessments carried out under sub-paragraph (i) to be notified without delay to the employer and to the regulator;

(f) make arrangements, in respect of dose assessments to be carried out and notified pursuant to sub-paragraph (e), to notify the results of such assessments without delay to the appointed doctor or employment medical adviser who is carrying out the medical surveillance on the employee to whom the assessment relates; and

(g) identify those employees who are authorised, in the event of a radiation emergency, to permit any employee referred to in sub-paragraph (a) to be subject to an emergency exposure and provide employees who are so authorised with appropriate training.

(2) Each employer must notify the regulator of the dose levels which that employer has determined are appropriate to be applied in respect of an employee identified for the purposes of paragraph (1)(a) in the event of an emergency.

(3) The notification required by paragraph (2) must be made in advance of the first occasion on which the operator of the premises in which the employee works undertakes work with ionising radiation to which these Regulations apply.

(4) Where an employer determines that a dose level notified under paragraph (2) is no longer appropriate to be applied in respect of an employee identified for the purposes of paragraph (1)(a) in the event of such emergency, and that a revised dose level should be determined, the employer must, at least 28 days before formally determining the revised dose level, or within such shorter time as the regulator agrees, notify the regulator of the revised dose level which the employer considers is appropriate to be applied.

(5) In any case where, in the opinion of the regulator, the dose levels for emergency exposure notified pursuant to paragraph (2) or (4) are too high, the employer must, if directed to do so by the regulator, substitute such other dose level or levels as the regulator considers appropriate.

(6) Where an emergency plan is put into effect pursuant to regulation 17, each employer must ensure—

(a) that no employee of that employer who is under 18 years of age, no trainee or apprentice under the age of 18 years of age, and no female employee who is pregnant or breastfeeding is subject to an emergency exposure;

(b) that no other employee of that employer is subject to an emergency exposure unless—

(i) that employee has agreed to undergo such exposure;

(ii) the requirements of paragraph (1)(a) to (f) have been complied with in respect of that employee; and

(iii) that employee has been permitted to be so by an employee authorised for that purpose under paragraph (1)(g); and

(c) that the protective action taken in response to that radiation emergency prioritises keeping the dose level below the dose level determined in accordance with paragraphs (2), (4) or (5).

(7) The requirement imposed on the employer by paragraph (6)(a) in respect of a female employee who is pregnant or breastfeeding does not apply until that employee has notified the employer in writing of that fact or the employer ought reasonably to have been aware of that fact.

(8) The requirement imposed by paragraph (6)(c) does not apply in respect of an exposure of any employee who—

(a) having been informed about the risks involved in the implementation of an emergency plan, agrees to undergo an exposure greater than any dose level referred to in that sub-paragraph in order to save life, prevent severe health effects induced by ionising radiation, or to prevent the development of catastrophic conditions; and

(b) is permitted to undergo such exposure by an employee authorised by the employer in accordance with paragraph (1)(g) to give such permission.

(9) Where an employee has undergone an emergency exposure, the employer must ensure that the dose of ionising radiation received by that employee is assessed by an approved dosimetry service and that the dose assessed is recorded separately in the dose record of that employee or, where no dose record exists, in a record created for the purpose of this paragraph complying with the requirements to which it would be subject if it were a dose record.

(10) An employer must, at the request of that employer’s employee in circumstances where a record has been created for the purpose of paragraph (9) and on reasonable notice being given, obtain from the approved dosimetry service and make available to the employee a copy of the record of dose relating to that employee.

(11) In the event of a report being made pursuant to regulation 17(6) relating to the circumstances of an emergency exposure and the action taken as a result of that exposure, an employer must keep such a report (or copy of the report)—

(a) until any person to whom the report relates has or would have attained the age of 75 years; and

(b) in any event, for at least 30 years from the termination of the work which gave rise to the emergency exposure.

(12) An employer who has a duty under this regulation must also comply with that duty as regards any person who regularly provides a service to that employer as a volunteer.