Basic Safety Standards Directive- preliminary estimated impacts of occupational exposures aspects – Miscellaneous issues
Purpose of this document
HSE carried out an analysis of the gaps between the current Ionising Radiations Regulations 1999 (IRR) and the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (REPPIR) and the requirements of the Basic Safety Standards (BSS) Directive. Where gaps were identified, HSE has made proposals of how the new requirements could be met.
This document contains initial, preliminary estimates of the impacts of these proposals for discussion with the Occupational Exposures Stakeholder Working Group (OEWG). These estimates are provided to inform discussion and gather feedback from industry stakeholders on assumptions made. This work will inform the development of a full impact assessment.
As part of HSE’s proposed solutions, this document refers to “new regulations”. This is meant as a guide – it could mean, for example, a slightly redrafted IRR provision, or entirely new regulatory text. No decisions have been taken at this stage on what the regulatory framework will look like after the implementation of the BSS Directive.
Contents
Purpose of this document
M1. Voluntary workers
M2. Dose and radiation medical retention period
M3. Medical surveillance – special medical surveillance
M4. Sealed and unsealed sources
M5. Radiation weighting factors
M6. Naturally occurring radioactive material (NORM) Industries
M7. Data monitoring systems
M1. Voluntary workers
Current arrangements
The Health and Safety at Work Act (HSW) is very clear on who can be considered voluntary workers
Health and safety legislation does not, in general, impose duties upon someone who is not an employer, self-employed or an employee. The HSW Act and the regulations made under it do however apply if any organisation, including a voluntary organisation, has at least one employee. Employers and the self-employed have a duty to protect people other than those at work (eg members of the public, volunteers, clients and customers) from risks to their health and safety arising out of, or in connection with, their work activities.
The issue of voluntary workers is not specifically covered within IRR, but HSE believes that the general practices required by radiation employers, such as controlled areas, supervised areas and local rules already provide such protection for all employees, paid or voluntary.
Employers will be required to clearly allocate responsibilities for the provision of protection to voluntary workers.
BSS requirements
BSS Article 31 requires that voluntary workers are afforded the same radiation protection as those who are employees.
Affected groups
Any sector where voluntary workers are engaged.
HSE proposal
New Regulations to reflect the requirements of BSS.
HSE estimated impact
HSE believes that this is likely to incur familiarisation costs only, as the change is already covered under existing general duties.The radiation employer’s health and safety managerwill need to check that voluntary workers are covered within current procedures. Initial HSE estimates are that this is expected to take no more than 30 minutes of a health and safety manager’s time, as BSS is simply formalising existing practices.
M2. Dose and radiation medical retention period
Current arrangements
IRR, Regulation 24(3) requires that health dose and radiation medical records are kept for 50 years. Other long latency occupational exposure records, such as asbestos medical records are required to be kept for 40 years.
BSS requirements
The Directive, Articles 43.3 and 48.1 require a retention period of 30 years for dose and radiation medical records.
Affected groups
Employers of classified workers.
HSE proposal
To maintain consistency with other UK health surveillance requirements such as asbestos, HSE proposes to reduce the retention period for radiation medical records to 40 years. This will have the benefit of reducing burdens on businesses and reducing confusion for medical professionals. HSE intends to further consider this proposal in light of OEWG comments.
HSE estimated impact
Reducing the period of retention from 50 to 40 years is likely to result in a total cost saving of approximately£5.08m.
Following OEWG comments, HSE acknowledged that further work is required to more accurately estimate the impact.
Assumptions
There are 29,000 classified workers (Source: HSE’s Central Index of Dose Information).
Initial HSE estimates that the cost of keeping a dose record is approximately £17.50 per year.
M3. Medical surveillance – special medical surveillance
Current arrangements
IRR regulation 24 sets out the requirements for medical surveillance. However, special medical surveillance provisions are specified only within the IRR ACOP material and non-statutory guidance.
BSS requirements
Article 49.1 of the BSS Directive requires provision be made for any further action deemed necessary by the occupational health service to protect the health of exposed people. This could includedecontamination measures, urgent treatment, further examinations etc. This is currently dealt with administratively via HSE’s guidance.
BSS Article 49.2 requires that special medical surveillance must be performed where any of the dose limits laid down in Article 9 have been exceeded. This forms part of IRR ACOP material para 446.
In addition, Article 49.3 requires that subsequent exposure conditions must be agreed by the occupational health service. This is currently dealt with administratively.
Affected groups
223 Appointed Doctors (AD)
In-house Occupational Health Services
HSE Proposal
New Regulations to reflect the revised requirements.
HSE estimated impact
HSE estimates that five special medical examinations take place each year.
Costs will vary according to the type of type of examination performed.
The current total cost of such an examination is approximately £1079 - 2079
Assumptions are:
Chromosomal aberration analysis:
Performed by Public Health England (PHE)
(Free if PHE is the Radiation Protection Services Provider)
Otherwise: £500 plus VAT for standard dicentric assay
£850 plus VAT for FISH translocation assay
Likely fee charged by the AD in addition to tests:
Government agreed fees on BMA website:
Consultant
Medical exam and report- up to one hour £202.50
GP
Medical exam and report- up to 45 mins £127.00
The doctor may charge for this one-off event which would include seeing the radiation worker, performing an examination, taking blood for chromosomal analysis, interpreting results and writing letters would be £200 per hour and it would take 1 to 2 hours making a total of:
£200 to £400.
NB: Travel expenses not included.
Source:
Counselling
If the radiation worker needed counsellingthis is usually charged at £100 to £120 for the initial session and £80 to £100 for subsequent sessions. A total of 6 sessions is common so the total cost would be:
£500 to £620
Article 49.1
Whilst this is dealt with administratively at present, HSE does not believe that this will result in any material change to how compliance with IRR is currently achieved, so HSE believes that the only costs will involve dutyholders familiarising themselves with the new requirement.
Article 49.2
HSE does not believe that ACOP material alone implements the requirements of the Directive. HSE proposes to move the content of the ACOP material into new regulations.
As this change is proposing to move ACOP material into Regulation, HSE believes that this simple clarification will not result in any material change to how compliance with IRR is currently achieved, so HSE believes that the only costs will involve dutyholders familiarising themselves with the new requirement. HSE estimates that a health and safety manager will take around 15 minutes to familiarise themselves with the revision and to ensure that their procedures are compliant.
Article 49.3
HSE believes that the requirement for Occupational Health Service to agree subsequent exposure should not incur any costs or benefits this since they should be involved in the decision making at present.
M4. Sealed and unsealed sources
Current arrangements
IRR regulation 28 sets out requirements for accounting for and record keeping for radioactive substances. Regulation 33 covers misuse of or interference with sources of ionising radiation.
BSS requirements
The requirements for sealed and unsealed sources in Articles 86 and 87 of the Directive are similar to those already required in the above IRR Regulations. BSS specifies the terms ‘use’, ‘transportfer’ or ‘unauthorised use’ that are not used in IRR.
Affected groups
All radiation employers.
HSE proposal
New Regulations to reflect the BSS requirements.
HSE estimated impact
HSE believes that this simple clarification will not result in any material change to how compliance with IRR is currently achieved, so HSE believes that the only costs will involve dutyholders familiarising themselves with the new requirement. HSE estimates that this will take around 15 minutes of a health and safety manager’s time.
M5. Radiation weighting factors
Current arrangements
IRR Appendix I details certain radiation weighting factors and further explanatory text to assist in estimating effective and equivalent doses. Annex ll Weighting Factors within BSS are different from those in IRR. The accompanying text in BSS Annex II also differs from that in IRR Appendix I.
BSS requirements
Annex II of the BSS details radiation weighting factors, but there is some variance between the factors used and the supporting text compared to IRR Appendix I.
Affected groups
33 Approved Dosimetry Services (ADS).
HSE proposal
New Regulations to reflect the revised weighting factors.
HSE estimated impact
HSE believes that thisproposal reflects best scientific practice, and the differences between current IRR weighting factors and those in the new BSS will not result in any material change to how compliance with IRR is currently achieved, soHSE believes that the only costs will involve dutyholders and ADSs familiarising themselves with the new requirement. It is estimated that an ADS will take 3 hours to update their calculations and familiarise themselves with the revision.
Following OEWG comments, HSE acknowledge that further work is required to more accurately estimate the impact.
M6. Naturally occurring radioactive material (NORM) Industries
Current arrangements
Requirements for naturally-occurring radioactive material (NORM) industries are generally covered by IRR ACOP material paragraph 11.
BSS requirements
BSS requires that classes or types of practice involving leading to exposure of workers or members of the public are identified. The NORM industries identified in BSS Annex VI will need to be referenced in new Regulations.
Affected groups
Employers working in NORM industries.
HSE proposal
HSE proposes to transpose BSS Annex VI that lists industrial sectors involving NORM into new Regulations.
HSE estimated impact
HSE believes that this simple clarification will not result in any material change to how compliance with IRR is currently achieved, so HSE believes that the only costs will involve dutyholders familiarising themselves with the new Regulations. HSE estimates that a health and safety manager will take around 15 minutes to familiarise themselves with the revised Regulations.
M7. Data monitoring systems
Current arrangements
Although IRR sets out requirements for record keeping, these differ from the requirements of BSS.
BSS requirements
BSS Annex X stipulates that data monitoring systems require information on the nationality of the worker and a unique identification number. These requirements are not currently included in IRR.
Affected groups
All radiation employers.
Approved Dosimetry Services (approximately 33)
HSE proposal
HSE proposes to require these new fields in radiation dose records held by ADSs. Radiation passbooks would also need to be changed to take account of the need to record nationality, but, to avoid the unnecessary re-issuing of every single passbook, an interim measure such as adding a sticker to the existing passbooks could be used to eliminate the need to replace whole passbooks.
HSE estimated impact
The cost implications of changing dose record databases to demonstrate compliance with this requirement are yet to be established. HSE will be looking to work with ADSs and OEWG members to develop our understanding of the estimated impact in this particular area.
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