Part 5Radiation control—duties of employers and workers

Part 5—Radiation control—duties of employers and workers Division 1—General provisions 79—Employer to prepare radiation incidents contingency plan (1) An employer must, in respect of every kind of operation carried out by the employer that involves the operation of ionising radiation apparatus or the use, handling, storage or disposal of any radioactive material— (a) prepare a radiation incidents contingency plan that complies with this regulation; and (b) if the employer is the holder of a radiation management licence and required to comply with the radiation management plan submitted under section 34 of the Act—incorporate the radiation incidents contingency plan in the employer's radiation management plan. (2) An employer must ensure that a radiation incidents contingency plan is prepared before the commencement of the kind of operation to which it relates. (3) A radiation incidents contingency plan must— (a) take into account every radiation incident that is reasonably foreseeable; and (b) contain specific instructions as to how each incident is to be dealt with and brought under control, paying particular regard as to how control may be restored and the exposure of persons may be kept as low as reasonably achievable. (4) If an employer's practice is such that a radiation incident could result in exposures of persons to high doses of ionising radiation or severe contamination of the environment by ionising radiation, the employer's radiation incidents contingency plan must make provision for— (a) obtaining appropriate medical care for persons exposed to ionising radiation as a result of the radiation incident; and (b) identifying the roles and functions of relevant organisations that may be involved in dealing with the radiation incident; and (c) the availability of personnel trained to deal with the situation resulting from the radiation incident; and (d) the availability of appropriate emergency equipment; and (e) arrangements with relevant first responders and rescue services; and (f) the provision of information to the workers on the site affected by the radiation incident; and (g) the provision of relevant information to the public; and (h) appropriate counselling to any persons affected by the radiation incident; and (i) the acquisition of information for assessing the cause of the radiation incident; and (j) the classification of the radiation incident; and (k) the reporting of the radiation incident to line management, the employer and the Minister; and (l) the consideration of non‑radiological consequences of the radiation incident in the context of the possible evacuation of the workplace affected by the incident; and (m) the conditions, criteria and objectives to be met for declaring the radiation incident terminated. (5) An employer must provide the equipment and facilities (including any monitoring instrument, detector or alarm) that is necessary for the effective operation of the radiation incidents contingency plan, including the assessment of doses of ionising radiation received as a result of a radiation incident. (6) If an employer discovers that a monitoring instrument, detector, or alarm that is required by subregulation (5) is not in correct working order, the employer must immediately replace it with a monitoring instrument, detector, or alarm that is in correct working order. (7) The Minister may, by notice in writing given to an employer, require the employer to supply to the Minister a copy of a radiation incidents contingency plan that the employer has prepared under this regulation. (8) An employer must not fail to comply with a notice given by the Minister to the employer under subregulation (7). (9) In this regulation— high dose, in relation to the exposure of a person to ionising radiation, means exposure in any single event equal to or exceeding 50% of the dose limits applying in respect of the person under regulation 85(1) or (2); severe contamination, of the environment by ionising radiation, means contamination at a place resulting in the cessation of normal operations (in whole or part) for a period of 12 hours or more while the contamination is removed. 80—Employer to keep certain articles, devices and things in good working order (1) This regulation applies to— (a) ionising radiation apparatus; and (b) plant, structures and facilities containing a radiation source; and (c) source control mechanisms and other devices containing a sealed radioactive source; and (d) radiation monitoring equipment; and (e) radiation warning devices; and (f) protective clothing, fume cupboards, interlocks, signs, labels and any other radiation protection equipment or devices, supplied by an employer for use during the course of the employer's profession, trade or occupation or for the use of any worker during the course of the worker's employment with the employer. (2) An employer must at all times keep or cause to be kept in good working order and condition any article, device or thing to which this regulation applies. (3) If an employer discovers in an article, device or thing to which this regulation applies a fault or defect that is likely to increase the exposure to ionising radiation of any person, the employer must— (a) immediately inform all persons who— (i) use, work with, inspect, test or handle the article, device or thing; or (ii) are protected from exposure to ionising radiation by the article, device or thing; or (iii) otherwise deal with the article, device or thing, of the nature of the fault or defect; and (b) cause the fault or defect to be remedied as soon as is reasonably practicable. 81—Employer to give worker certain information (1) An employer must, before a worker employed by the employer first commences any duties as a worker— (a) inform the worker of the requirements of— (i) the Act and these regulations, including applicable relevant codes, guidelines and standards; and (ii) the employer's radiation incidents contingency plan required under regulation 79; and (iii) if the employer is the holder of a radiation management licence and required to comply with the radiation management plan submitted under section 34 of the Act—the employer's radiation management plan; and (b) provide the worker with appropriate information and training so that the worker can discharge their duties safely and in accordance with the employer's radiation management plan (if any), the Act and these regulations. (2) If there is a change in a radiation management plan referred to in subregulation (1)(a)(iii), the Act or these regulations, the employer must immediately inform a worker who is likely to be affected by any such change of the particulars of the change. 82—Employer to consult specified person if required by Minister (1) The Minister may give an employer a notice in writing requiring the employer to consult a person with approved qualifications and experience in aspects of radiation protection applicable to the activities undertaken by the employer. (2) An employer must comply with a notice given by the Minister to the employer under subregulation (1). 83—Duties of worker (1) A worker must— (a) obey all notices displayed in accordance with these regulations; and (b) not wilfully or recklessly do any act, or omit to do any act, the doing or omission of which is likely to result in a radiation incident; and (c) report immediately to the worker's supervisor any fault or defect in any device, article or thing that the worker uses, inspects, tests, handles or otherwise deals with during the course of employment, being a fault or defect that is likely to result in a radiation incident; and (d) comply with all reasonable measures to control and assess exposure to radiation in the workplace, including, by— (i) if the employer is the holder of a radiation management licence and required to comply with the radiation management plan submitted under section 34 of the Act—following the radiation protection requirements set out in the employer's radiation management plan; and (ii) complying with the legitimate instructions of the employer in relation to radiation protection; and (iii) participating in training related to radiation protection; and (iv) making proper use of training undertaken by the worker to ensure their own health and safety and that of other persons; and (v) making proper use of protective and monitoring equipment provided by the employer. (2) A worker who is or becomes aware of a matter that may compromise radiation protection must report the matter to their employer. (3) On becoming employed as a worker, a person must, if required by the employer, provide the employer with, or assist the employer in obtaining, information about any occupational radiation exposure of the person that may have previously occurred. 84—Display of radiation symbol A person must not exhibit, display or otherwise use, or cause or permit another to exhibit, display or otherwise use, the radiation symbol except— (a) on a container used for the storage of a sealed radioactive source; or (b) on ionising radiation apparatus; or (c) on a sign erected in connection with— (i) premises registered under section 25 of the Act; or (ii) a place in which a radioactive material is stored; or (iii) a place in which radioactive materials are stored in transit during the course of transport in accordance with the Act and these regulations; or (iv) a place in which ionising radiation apparatus is installed, stored or used; or (d) as required by these regulations or any other law. Division 2—Radiation protection standards and limits 85—Employer to prevent exposures above certain dose limits (1) Subject to this regulation, an employer must not— (a) expose, or cause, suffer or permit the exposure of, themself or a worker employed by them to— (i) an annual effective dose exceeding— (A) 20 mSv averaged over a period of 5 consecutive years; or (B) 50 mSv in any single year; or (ii) an equivalent dose, during any calendar year or financial year, exceeding— (A) 20 mSv in the lens of the eye; or (B) 500 mSv in the skin, averaged over any 1cm² of the skin, regardless of the total area exposed; or (C) 500 mSv in the hands and feet; or (b) expose, or cause, suffer or permit the exposure of, a member of the public to— (i) an annual effective dose exceeding 1 mSv; or (ii) an equivalent dose, in any calendar year or financial year, exceeding— (A) 15 mSv in the lens of the eye; or (B) 50 mSv in the skin, averaged over any 1 cm² of the skin, regardless of the total area exposed. (2) Subject to this regulation, if— (a) an employer is pregnant; or (b) a worker employed by an employer is pregnant and the worker has informed the employer of the pregnancy, the employer must not expose, or cause, suffer or permit the exposure of, the embryo or fetus in utero to an annual effective dose or equivalent dose exceeding the limit prescribed by subregulation (1)(b) in relation to a member of the public for the remainder of the pregnancy. (3) The obligations of an employer in relation to a worker under subregulations (1) and (2) apply only in relation to exposure that occurs in the course of work performed as part of the worker's employment by the employer. (4) The Minister may, on application by an employer, if satisfied that exceptional circumstances exist, grant the employer permission to exceed the annual effective dose limit prescribed by subregulation (1)(a)(i). (5) The Minister may, on application by an employer, if satisfied that special circumstances exist— (a) grant the employer permission to exceed the annual effective dose limit prescribed by subregulation (1)(b)(i) subject to a condition that the employer does not expose, or cause, suffer or permit the exposure of, an embryo or fetus in utero referred to in subregulation (2) to an annual effective dose exceeding 1 mSv for the remainder of the pregnancy; or (b) grant the employer permission to exceed the annual effective dose limit prescribed by subregulation (1)(b)(i) subject to a condition that the employer does not expose, or cause, suffer or permit the exposure of a member of the public to an annual effective dose exceeding 1 mSv averaged over a period of 5 consecutive years. (6) An employer must not contravene a condition imposed on a permission granted by the Minister to the employer under this regulation. (7) In calculating doses for the purposes of this regulation, the following must be disregarded: (a) except if directed otherwise by the Minister—doses received by a person due to natural background radiation; (b) except if directed otherwise by the Minister—doses received by a person as a result of an existing exposure situation; (c) doses received by a person participating as a volunteer in medical research approved in accordance with regulation 108; (d) doses received by a person as a patient for the purposes of diagnosis or treatment; (e) doses received by a person (other than a worker) who knowingly and willingly supports a patient undergoing an exposure for the purposes of diagnosis or treatment; (f) doses received by a person as a result of an emergency exposure situation. Division 3—Monitoring 86—Employer to provide for radiation monitoring and dose assessment (1) An employer must ensure that the time integrated exposure to ionising radiation for each worker to whom this regulation applies is measured using an approved personal radiation monitoring device or approved method while the worker is at a work site. (2) This regulation applies to a worker who, in the course of work associated with one or more facilities or premises operated by an employer, will receive a radiation dose that exceeds— (a) under all foreseeable scenarios (including credible accident scenarios)—1 mSv per year; or (b) under low probability scenarios (where the probability of occurrence of a scenario does not exceed 10-2 per year)—a dose limit specified in regulation 85(1)(a) or (2). (3) If the type of ionising radiation emitted by a source of ionising radiation is of such a nature that there is no approved personal monitoring device for measuring a worker's exposure to that type of radiation, the employer must— (a) immediately advise the Minister accordingly and set out the arrangements the employer proposes to make to monitor or model the exposure to ionising radiation of workers employed by the employer; and (b) make such arrangements as the Minister directs in writing for the monitoring or modelling of that type of radiation and for the calculation of personal exposures from that monitoring or modelling (as the case requires). (4) A worker to whom a personal monitoring device is issued must wear, operate or use, as the case requires, the personal monitoring device— (a) in accordance with any instructions or approved instructions given to the worker; and (b) whenever the worker is likely to be exposed to ionising radiation as a result of the worker's employment. (5) An employer who has issued to a worker a personal monitoring device must, whenever it is necessary for the device to be examined or processed— (a) cause the device to be examined or processed, as the case requires; and (b) cause the effective dose to be calculated and recorded, by such persons, in such manner and at such times as are approved by the Minister. (6) An employer who issues a personal monitoring device to a worker must not subsequently issue the same device to any other person unless the dose measured by the device has been assessed and recorded. (7) A worker must not permit any other person to wear, operate or use a personal monitoring device issued to the worker during the period for which it is so issued. 87—Minister's power to direct employer to place monitoring equipment on premises where worker employed (1) An employer must, if directed in writing by the Minister to do so, place on any premises at which a worker is employed by the employer, from time to time in accordance with that direction, approved equipment or devices for detecting and measuring ionising radiation for the purpose of monitoring the presence and amounts of ionising radiation on those premises. (2) A person who has placed approved equipment or devices in accordance with a direction given under subregulation (1) must, whenever it is necessary for the approved equipment or devices to be examined, or for any film or other substance used to detect ionising radiation in the device to be processed in order to ascertain the amount of radiation present on the premises concerned, cause the approved equipment or devices to be examined, or that film or substance to be processed or changed, and the amount of ionising radiation detected to be measured, in such manner, by such persons and at such times as the Minister directs in writing. 88—Minister's power to direct employer to place monitoring equipment on affected premises (1) If any premises are in proximity to any other premises at which an activity is carried on by an employer involving the use or handling of a source of ionising radiation and the Minister is of the opinion that the first‑mentioned premises (the affected premises) are likely to be affected by ionising radiation emanating from the second‑mentioned premises, the Minister may, by notice in writing— (a) direct the employer to place on the affected premises, from time to time, in accordance with such direction, approved equipment or devices for detecting and measuring ionising radiation for the purpose of monitoring the presence and amounts of ionising radiation on the affected premises; and (b) direct the owner of the affected premises to permit the employer to enter into and on the affected premises from time to time and to place on the affected premises in accordance with that direction approved equipment or devices for detecting and measuring ionising radiation for the purpose of monitoring the presence and amounts of ionising radiation on the affected premises. (2) A person who fails to comply with a direction made under subregulation (1) is guilty of an offence. (3) A person who has placed approved equipment or devices in accordance with a direction given under subregulation (1) must, whenever it is necessary for the approved equipment or devices to be examined, or for any film or other substance used to detect ionising radiation in the device to be processed in order to ascertain the amount of radiation present on the premises concerned, cause the approved equipment or devices to be examined, or that film or substance to be processed or changed, and the amount of ionising radiation detected to be measured, in such manner, by such persons and at such times as the Minister directs in writing. (4) The owner of any affected premises on which an employer has placed approved equipment or devices under this regulation must permit the employer to enter into and on the affected premises at all reasonable times so as to enable the employer to comply with subregulation (3). 89—Minister's power to approve monitoring devices (1) The Minister may, by notice in the Gazette— (a) approve a specified monitoring device or kind or class of monitoring device to be an approved monitoring device for the purposes of this Division; or (b) vary or revoke an approval under paragraph (a). (2) The Minister may, by notice in writing served on the person to whom the notice is addressed, give such directions and indicate such approvals as are referred to in this Division. Division 4—Records, reports and investigations 90—Employer to keep personal radiation exposure record for each worker (1) An employer must immediately establish a personal radiation exposure record in respect of each worker employed by the employer to whom a personal monitoring device is issued or an approved method applied pursuant to regulation 86. (2) An employer must maintain the record and keep it up to date at all times. (3) An employer must— (a) immediately after establishing a personal exposure record, inform the worker that the record has been established and is being maintained; and (b) allow each worker to have access to the worker's own personal radiation exposure record. (4) An employer must not destroy or dispose of a personal radiation exposure record except in accordance with an approval given by the Minister in accordance with regulation 123. (5) A personal radiation exposure record must contain the following information: (a) the full name, sex and date of birth of the worker; (b) the current home address of the worker and, if no longer employed by the employer, the worker's last known home address; (c) the date of commencement of employment (and if applicable the date of cessation) as a worker; (d) the kind of work performed by the worker; (e) details of the types of ionising radiation to which the worker may have been exposed as a result of their work, including information about radioactive material in unsealed form (if any) to which the worker may have been exposed; (f) the monitoring devices worn by the worker (if any); (g) the results of measuring the levels of radiation exposure of the worker in accordance with these regulations, and the conditions, if any, on the authority of the employer, indicating— (i) the measurement periods, the result for each period, and the cumulative result since the beginning of the calendar year; and (ii) the cumulative result for each calendar year; and (iii) the cumulative result for previous calendar years and the calendar year being recorded. 91—Alteration of personal radiation exposure records If an entry has been made in a personal radiation exposure record relating to the levels of radiation exposure received by a worker, a person must not change the entry unless the change— (a) is to correct an arithmetical error or transcription error; or (b) is made following a report signed by the employer and the worker stating that the entry to be changed does not accurately record the levels of radiation exposure received by the worker. 92—Confidentiality of personal radiation exposure records A person must not disclose to another person information contained in a personal radiation exposure record established under this Division unless— (a) to do so is a normal part of the person's duties as an employee; or (b) being an employer, the person does so in order to comply with these regulations; or (c) the disclosure is authorised by the worker to whom the record relates; or (d) the disclosure is approved by the Minister; or (e) the disclosure is made to ARPANSA for the purposes of the Australian National Dose Register; or (f) the disclosure is authorised by law; or (g) the disclosure is in the form of statistical or other information that could not reasonably be expected— (i) to identify any particular worker; or (ii) to relate to any particular worker. 93—Employer to maintain records of certain measurements (1) An employer who receives a direction from the Minister under regulation 87 or 88 must maintain records of all measurements made by the employer in accordance with the direction. (2) The records maintained under subregulation (1) must contain— (a) the type of measurements made; and (b) the times and places at which the measurements were made; and (c) the results of the measurements; and (d) details of the instruments and methods used to make the measurements; and (e) details of the calibration of the radiation monitoring equipment used to make the measurements; and (f) such additional information relating to the matters referred to in a preceding paragraph as the Minister may, by notice in writing given to the employer, direct the employer to make. (3) An employer must not destroy or dispose of any records kept under this regulation unless— (a) the records have been deposited with State Records or a repository approved by the Minister; or (b) the Minister has approved the destruction or disposal of the records in accordance with regulation 123. (4) An employer must, if directed in writing to do so by the Minister, supply the Minister with a copy of any record kept by the employer under this regulation. (5) An employer must, on the termination of the employer's practice, forward to the Minister any records relating to doses of radiation assessed to have been received by workers employed by the employer. 94—Employer to review and investigate exposure of workers to certain ionising radiation doses If workers or members of the public receive doses of ionising radiation— (a) exceeding dose constraints specified in an employer's radiation management plan; or (b) exceeding— (i) unless subparagraph (ii) applies, the effective dose limits or equivalent dose limits prescribed by regulation 85(1) or (2); or (ii) if the Minister has, under regulation 85, given an employer permission to exceed the annual effective dose limits prescribed by regulation 85(1) or (2)—the annual effective dose limits prescribed by the conditions of the Minister's permission, the employer must— (c) investigate the exposure of the workers or members of the public to those doses of ionising radiation; and (d) if a radiation management plan applies— (i) review the employer's radiation management plan and make such changes as may be necessary to prevent such exposures in the future; and (ii) take action to implement any changes made to the employer's radiation management plan. Division 5—Notifiable radiation incidents 95—Interpretation In this Division— notifiable radiation incident means a radiation incident declared by Schedule 3 to be a notifiable radiation incident, but does not include an incident in which there is a discharge of radioactive material into a structure or designated area that is designed to contain and manage discharges as part of controls or contingencies outlined in an applicable radiation management plan. 96—Worker to report notifiable radiation incidents involving worker (1) A worker who is involved in a notifiable radiation incident during the course of their employment must, as soon as is reasonably practicable, report the incident to the worker's employer. (2) For the purposes of this regulation, a report to the employer must— (a) be made in writing; and (b) be signed by the worker; and (c) contain— (i) full details of the incident, indicating the time the source of ionising radiation was out of control, and the extent of any dispersal of any radioactive material; and (ii) the time it was reported to the employer; and (iii) the probable cause of the incident. (3) If more than 1 worker is involved in a notifiable radiation incident it is not necessary for each worker to report the incident to the employer, provided that— (a) 1 of the workers makes a report in accordance with this regulation; and (b) each of the workers involved in the incident— (i) has assisted in compiling the report; and (ii) has signed the report. 97—Employer to investigate notifiable radiation incidents reported to employer (1) An employer must— (a) immediately investigate all notifiable radiation incidents reported to the employer under regulation 96; and (b) maintain a register of notifiable radiation incidents reported to the employer. (2) The investigation referred to in subregulation (1) must include the making of estimates of any doses that may have been received by any person. (3) An employer who receives a report of a notifiable radiation incident under regulation 96 must immediately enter in the register of radiation incidents— (a) the date, time and place of the incident; and (b) the name of any worker involved in the incident; and (c) full details of the incident, including the length of time the source of ionising radiation was out of control, the extent of any dispersal of any radioactive material, the estimate of doses received by any person, the time it was reported to the employer and the probable cause; and (d) the result of any investigation undertaken in respect of the incident; and (e) details of steps taken to minimise the possibility of any similar incident occurring in the future. 98—Employer to report notifiable radiation incidents to Minister (1) An employer must report a notifiable radiation incident to the Minister as follows: (a) in the case of an incident of a kind referred to in Schedule 3 clause 1, 4 or 6—in writing within 7 days of the incident being reported to the employer; (b) in the case of an incident of a kind referred to in Schedule 3 clause 2— (i) orally as soon as reasonably practicable after the employer becomes aware of the incident; and (ii) in writing within 7 days of the incident being reported to the employer; (c) in the case of an incident of a kind referred to in Schedule 3 clause 3— (i) if the radiation source is a security enhanced radiation source— (A) orally as soon as reasonably practicable after the employer becomes aware of the incident (in any case not more than 24 hours after the employer becomes aware of the incident); and (B) in writing within 7 days of the incident being reported to the employer; (ii) in any other case— (A) orally within 24 hours of the employer becoming aware of the incident; and (B) in writing within 7 days of the incident being reported to the employer; (d) in the case of an incident of a kind referred to in Schedule 3 clause 5, 7 or 8— (i) orally as soon as reasonably practicable after the employer becomes aware of the incident (in any case not more than 24 hours after the employer becomes aware of the incident); and (ii) in writing within 7 days of the incident being reported to the employer. (2) A report of a notifiable radiation incident under subregulation (1) must contain all the information entered by the employer in the register of radiation incidents in relation to the incident.