28.—(1) Where a radioactive substance is used as a source of ionising radiation in work with ionising radiation, the employer must ensure that, whenever reasonably practicable, the substance is in the form of a sealed source.
(2) The employer must ensure that the design, construction and maintenance of any article containing or embodying a radioactive substance, including its bonding, immediate container or other mechanical protection, is such as to prevent the leakage of any radioactive substance—
(a)in the case of a sealed source, so far as is practicable; or
(b)in the case of any other article, so far as is reasonably practicable.
(3) The employer must—
(a)ensure that, where appropriate, suitable tests are carried out at suitable intervals to detect leakage of radioactive substances from any article to which paragraph (2) applies; and
(b)make a suitable record of each such test and retain that record for at least 2 years after the article is disposed of or until a further record is made following a subsequent test to that article.
29. Every employer, for the purpose of controlling radioactive substances which are involved in work with ionising radiation undertaken by that employer, must—
(a)take such steps as are appropriate to account for and keep records of the quantity and location of those substances; and
(b)keep those records or a copy of the records for at least 2 years from the date on which they were made and, in addition, for at least 2 years from the date of disposal of that radioactive substance.
30.—(1) An employer must ensure, so far as is reasonably practicable, that any radioactive substance under its control which is not for the time being in use or being moved, transported or disposed of—
(a)is kept in a suitable receptacle; and
(b)is kept in a suitable store.
(2) An employer who causes or permits a radioactive substance to be moved (otherwise than by transporting it) must ensure that, so far as is reasonably practicable, the substance is kept in a suitable receptacle, suitably labelled, while it is being moved.
(3) Nothing in paragraphs (1) or (2) applies in relation to a radioactive substance while it is in or on the live body or corpse of a human being.
31.—(1) An employer must immediately notify the appropriate authority in any case where a quantity of a radioactive substance which was under its control and which exceeds the quantity specified for that substance in column 5 of Part 1 of Schedule 7—
(a)has been released or is likely to have been released into the atmosphere as a gas, aerosol or dust; or
(b)has been spilled or otherwise released in such a manner as to give rise to significant contamination.
(2) Paragraph (1) does not apply where such release—
(a)in relation to England and Wales—
(i)was in accordance with an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 M1 in respect of mobile radioactive apparatus within the meaning of those regulations;
(ii)was in a manner specified in such an environmental permit in respect of radioactive waste within the meaning of those regulations; or
(iii)did not, under regulation 12 of those regulations, require an environmental permit;
[F1(b)in relation to Scotland was in accordance with an authorisation for a radioactive substances activity within the meaning given in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.]
(3) Where an employer has reasonable cause to believe that a quantity of a radioactive substance which exceeds the quantity for that substance specified in column 6 of Part 1 of Schedule 7 and which was under its control is lost or has been stolen, the employer must immediately notify the appropriate authority of that loss or theft, as the case may be.
(4) Where an employer suspects or has been informed that an occurrence notifiable under this regulation may have occurred, it must make an immediate investigation and, unless that investigation shows that no such occurrence has occurred, it must immediately make a notification under the relevant paragraph of this regulation.
(5) An employer who makes any investigation in accordance with paragraph (4) must make a report of that investigation and must, unless the investigation showed that no such occurrence occurred, keep that report or a copy of the report for at least 30 years from the date on which it was made or, in any other case, for at least 2 years from the date on which it was made.
(6) In this regulation “appropriate authority” means—
(a)in relation to an occurrence notifiable under this regulation as a result of work carried out on nuclear premises, the ONR;
(b)otherwise, the Executive.
Textual Amendments
F1Reg. 31(2)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 7 (with reg. 78, sch. 5 para. 2)
Marginal Citations
32.—(1) In the case of articles for use at work, where that work is work with ionising radiation, section 6(1) of the 1974 Act (which imposes general duties on manufacturers etc. as regards articles and substances for use at work) is modified so that any duty imposed on any person by that subsection includes a duty to ensure that any such article is so designed and constructed as to restrict so far as is reasonably practicable the extent to which employees and other persons are or are likely to be exposed to ionising radiation.
(2) Where a person erects or installs an article for use at work, being work with ionising radiation, that person must—
(a)undertake a critical examination of the way in which the article was erected or installed for the purpose of ensuring, in particular, that—
(i)any safety features and warning devices operate correctly; and
(ii)there is sufficient protection for persons from exposure to ionising radiation;
(b)consult with the radiation protection adviser that they appointed, or that the employer engaged in work with ionising radiation appointed, with regard to the nature and extent of any critical examination and the results of that examination; and
(c)provide the employer engaged in work with ionising radiation with adequate information about proper use, testing and maintenance of the article.
F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 33 omitted (6.2.2018) by virtue of The Ionising Radiation (Medical Exposure) Regulations 2017 (S.I. 2017/1322), reg. 1, Sch. 4 para. 3(4)
34. No person may intentionally or recklessly misuse or without reasonable excuse interfere with any radioactive substance or any electrical equipment in respect of which these Regulations apply.