Ionising Radiations Regulations 1985

When the United Kingdom became a member of the Council of European Communities (CEC), in addi­tion to being bound by the more commonly known Economic Community, it also became subject to the provisions of the treaty establishing the European Atomic Energy Community (Euratom). The Euratom Treaty required that basic standards be laid down by the Community for the protection of workers and the public against the dangers of ionising radiation. In June 1976 a Directive was issued by the CEC to this effect based upon the then current recommenda­tions of the International Commission on Radiological Protection (ICRP). However, in 1977 ICRP revised their recommendations and consequently the original Directive was never instigated. An amending Directive was issued in July 1980 which is implemented in the UK through the Ionising Radiations Regulations 1985, and includes the 1977 ICRP recommendations.

The enabling legislation within the UK is the Re­gulations in the Health and Safety at Work Etc. Act 1974, enforced by the Health and Safety Commission (HSC). In 1978 the HSC issued a consultative docu­ment proposing a legislative package in compliance with the original Directive. In 1979 a supplementary consultative document was issued jointly by the HSC and National Radiological Protection Board (NRPB) taking account of the then draft 1980 Directive. In order to advise on the many comments received on these consultative documents, and in order to pre­pare the legislation itself, the HSC set up a technical working party. This consisted of four members no­minated by the Trades Union Congress, four by the Confederation of British Industry and six independent experts from various areas of work with ionising radia­tion. An observer was present from the NRPB and the Chairman and Secretariat were provided by the Health and Safety Executive. The working party’s deliberations went on until June 1982 and a further consultative document was published. Comment was again received on this and final draft versions of the Regulations and Approved Code of Practice (see later) were issued in 1984. During 1985 the Regulations were given the approval of the HSC and were also subjected to ratification by the CEC for their agree­ment that the legislation adequately reflected the re­quirements of the Directive. In order to become law, the Regulations had then to be sanctioned by the Secretary of State before being enforceable from 1st January 1986.

2.7.1 Previous legislation

Prior to the Ionising Radiations Regulations, legisla­tion covering the use of, and work with, radiation and radioactive materials was fragmented and often in­consistent. The only legislation which existed was that made under the Factories Act 1961, namely, the Ionis­ing Radiations (Sealed Sources) Regulations 1969 and the Ionising Radiations (Unsealed Substances) Regu­lations 1968, and the Radioactive Substances (Road Transport Workers) (GB) Regulations 19~0, made under the Radioactive Substances Act. As the Factories Act only applies to factories, as defined, no legislation specifically dealing with ionising radiations applied to hospitals, teaching establishments or laboratories. However, there did exist codes of practice for these establishments w’hich w-еге usually implemented as if having the force of law.

At CEGB nuclear licensed sites, which are factories in the legal sense, radiological conditions of working were laid down in the site licence, issued under the terms of the Nuclear Installations Act 1965, in addi­tion to the Sealed Sources Regulations. The Unsealed Substances Regulations were not enforced on the sites.

One of the major discrepancies between the nuclear site licence conditions and Factories Act legislation was the radiation dose limit. The Factories Act re­gulations had a cumulative dose limit of 5(N-I8) rems, subject to a maximum of three rems per calendar quarter (N being the persons age in years) whereas the site licence conditions imposed the current limit of 5 rems per year, subject to a maximum of three rems per quarter. This meant that a person normally working only under the Factories Act could receive up to 12 rems per year in certain circumstances. Thus there were several instances of radiographers turning up to work at CEGB nuclear sites, who, quite legally, had more than the site licence limit of 5 rems, and thus were not able to work on the site.

With the introduction of the Ionising Radiations Regulations, legislation is now harmonised and as they were made under the Health and Safety at Work Etc. Act 1974, they apply equally at all locations where the principal Act applies, i. e., virtually everywhere where work is carried on.