The Ionising Radiations Regulations 2017

Medical surveillance

25.—(1) This regulation applies in relation to—

(a) classified persons and persons whom an employer intends to designate as classified persons;

(b) employees who have received an overexposure and are not classified persons;

(c) employees in respect of whom a relevant doctor has made a certification under paragraph (5).

(2) An employer must ensure that—

(a) each of its employees to whom this regulation relates is under adequate medical surveillance by a relevant doctor for the purpose of determining the fitness of each employee for the work with ionising radiation which that employee is to carry out;

(b) a health record containing the particulars referred to in Schedule 6 is made and maintained in respect of such employees; and

(c) the record or a copy of the record is kept until the person to whom the record relates has or would have attained the age of 75 years but in any event for at least 30 years from the date of the last entry made in it.

(3) Subject to paragraph (4), an employer must ensure that there is a valid entry made by a relevant doctor in the health record of each of its employees to whom this regulation relates (other than employees who have received an overexposure and who are not classified persons) and an entry in the health record is valid—

(a) for 12 months from the date it was made or treated as made by virtue of paragraph (4);

(b) for such shorter period as is specified in the entry by the relevant doctor; or

(c) until cancelled by a relevant doctor by a further entry in the record.

(4) For the purposes of paragraph (3)(a), a further entry in the health record of the same employee, where made not less than 11 months nor more than 13 months after the start of the current period of validity, is to be treated as if made at the end of that period.

(5) Where a relevant doctor has certified in the health record of an employee that in their professional opinion that employee should not be engaged in work with ionising radiation or that the employee should only be so engaged under conditions specified by the relevant doctor in the health record, the employer must not permit that employee to be engaged in the work with ionising radiation, or only permit the employee to be engaged in the work in accordance with the conditions so specified, as the case may be.

(6) Where a relevant doctor requires to inspect any workplace for the purpose of carrying out their functions under these Regulations the employer must permit them to do so.

(7) An employer must make available to the relevant doctor the summary of the dose record kept by the employer pursuant to regulation 22(7) and such other records kept for the purposes of these Regulations as the relevant doctor may reasonably require.

(8) Where an employee is aggrieved by a decision recorded in the health record by a relevant doctor the employee may, by an application in writing to the Executive made within 28 days of the date on which the employee was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the Executive, and the result of that review must be notified to the employee and entered in the employee’s health record in accordance with the approved procedure.