The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

Overexposure U.K.

11.—(1) Where an operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for that operator on board an aircraft F1 ..., the operator must immediately conduct an investigation in order to conclude beyond reasonable doubt that no overexposure has occurred (a “negative conclusion”).

(2) If the operator is not able to reach a negative conclusion within fourteen days beginning with the date on which the investigation commenced (the “fourteen day period”), an overexposure is deemed to have occurred and the operator must—

(a) immediately—

(i) notify the CAA of the overexposure;

(ii) where the crew member is a classified crew member, notify the doctor who undertook the crew member's most recent medical examination or, as the case may be, health review of the overexposure; and

(iii) take appropriate steps to notify the crew member affected of the overexposure;

(b) where requested by the crew member, immediately arrange for a doctor to undertake a medical examination of the crew member in relation to the overexposure; and

(c) as soon as is reasonably practicable after the fourteen day period, conduct such investigation as is necessary to determine—

(i) the dose of cosmic radiation received by the crew member, so far as is reasonably practicable; and

(ii) the necessary measures, if any, to be taken to prevent a recurrence of the overexposure.

(3) Where an investigation is conducted under paragraph (2)(c), the operator must immediately upon the conclusion of the investigation—

(a) notify the CAA; and

(b) take appropriate steps to notify the crew member affected,

of the results of the investigation and any determination as to the necessary measures to be taken to prevent a recurrence of the overexposure.

(4) An operator who determines that there are measures necessary to be taken to prevent a recurrence of the overexposure must implement those measures as soon as practicable after such a determination is reached.

(5) An operator who conducts an investigation pursuant to paragraph (1) must ensure that a report of the investigation is retained until the second anniversary of the date on which the investigation was commenced.

(6) An operator who conducts an investigation pursuant to paragraph (2)(c) must ensure that a report of the investigation is retained until the later of—

(a) the 75th anniversary of the birth of the crew member affected (whether or not the crew member survives until that date); and

(b) the 30th anniversary of the date on which the investigation was commenced.

(7) “Overexposure” means—

(a) in relation to a crew member performing duties for an operator who is not authorised under article 5 (authorisation and prohibition on exposure), that the crew member has received an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year;

(b) in relation to a crew member performing duties for an operator who is authorised under article 5—

(i) in relation to a classified crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year;

(ii) in relation to any other crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year.

Textual Amendments

F1 Words in art. 11(1) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 8

Commencement Information

I1 Art. 11 in force at 7.8.2019, see art. 1