Council Directive 2013/59/EuratomShow full title

CHAPTER VI OCCUPATIONAL EXPOSURES

Article 31 Responsibilities

1. Member States shall ensure that the undertaking is responsible for assessing and implementing arrangements for the radiation protection of exposed workers.

2. In the case of outside workers, the responsibilities of the undertaking and the employer of outside workers are stipulated in Article 51.

3. Without prejudice to paragraphs 1 and 2, Member States shall arrange for a clear allocation of responsibilities for the protection of workers in any exposure situation, to an undertaking, an employer or any other organisation, in particular for the protection of:

(a) emergency workers;

(b) workers involved in the remediation of contaminated land, buildings and other constructions;

(c) workers who are exposed to radon at work, in the situation specified in Article 54(3).

This shall also apply to the protection of self-employed individuals and individuals who work on a voluntary basis.

4. Member States shall ensure that employers have access to information on the possible exposure of their employees under the responsibility of another employer or undertaking.

Article 32 Operational protection of exposed workers

Member States shall ensure that the operational protection of exposed workers is based, in accordance with the relevant provisions of this Directive, on:

(a)

prior evaluation to identify the nature and magnitude of the radiological risk to exposed workers;

(b)

optimisation of radiation protection in all working conditions, including occupational exposures as a consequence of practices involving medical exposures;

(c)

classification of exposed workers into different categories;

(d)

control measures and monitoring relating to the different areas and working conditions, including, where necessary, individual monitoring;

(e)

medical surveillance;

(f)

education and training.

Article 33 Operational protection of apprentices and students

1. Member States shall ensure that the exposure conditions and operational protection of apprentices and students aged 18 years or over referred to in Article 11(1) is equivalent to that of exposed workers of category A or B as appropriate.

2. Member States shall ensure that the exposure conditions and operational protection of apprentices and students aged between 16 and 18 years referred to in Article 11(2) is equivalent to that of exposed workers of category B.

Article 34 Consultations with a radiation protection expert

Member States shall require undertakings to seek advice from a radiation protection expert within their areas of competence as outlined in Article 82, on the issues below that are relevant to the practice:

(a)

the examination and testing of protective devices and measuring instruments;

(b)

prior critical review of plans for installations from the point of view of radiation protection;

(c)

the acceptance into service of new or modified radiation sources from the point of view of radiation protection;

(d)

regular checking of the effectiveness of protective devices and techniques;

(e)

regular calibration of measuring instruments and regular checking that they are serviceable and correctly used.

Article 35 Arrangements in workplaces

1. Member States shall ensure that for the purposes of radiation protection, arrangements are made as regards all workplaces where workers are liable to receive an exposure greater than an effective dose of 1 mSv per year or an equivalent dose of 15 mSv per year for the lens of the eye or 50 mSv per year for the skin and extremities.

Such arrangements shall be appropriate to the nature of the installations and sources and to the magnitude and nature of the risks.

2. For workplaces specified in Article 54(3), and where the exposure of workers is liable to exceed an effective dose of 6 mSv per year or a corresponding time-integrated radon exposure value determined by the Member State, these shall be managed as a planned exposure situation and the Member States shall determine which requirements set out in this Chapter are appropriate. For workplaces specified in Article 54(3), and where the effective dose to workers is less than or equal to 6 mSv per year or the exposure less than the corresponding time-integrated radon exposure value, the competent authority shall require that exposures are kept under review.

3. For an undertaking operating aircraft where the effective dose to the crew from cosmic radiation is liable to exceed 6 mSv per year, the relevant requirements set out in this Chapter shall apply, allowing for the specific features of this exposure situation. Member States shall ensure that where the effective dose to the crew is liable to be above 1 mSv per year, the competent authority requires the undertaking to take appropriate measures, in particular:

(a) to assess the exposure of the crew concerned;

(b) to take into account the assessed exposure when organising working schedules with a view to reducing the doses of highly exposed crew;

(c) to inform the workers concerned of the health risks their work involves and their individual dose.

(d) to apply Article 10(1) to pregnant air crew.

Article 36 Classification of workplaces

1. Member States shall ensure that arrangements in workplaces include a classification into different areas, where appropriate, on the basis of an assessment of the expected annual doses and the probability and magnitude of potential exposures.

2. A distinction shall be made between controlled areas and supervised areas. Member States shall ensure that the competent authority establishes guidance on the classification of controlled and supervised areas with regard to particular circumstances.

3. Member States shall ensure that the undertaking keeps under review the working conditions in controlled and supervised areas.

Article 37 Controlled areas

1. Member States shall ensure that the minimum requirements for a controlled area are the following:

(a) The controlled area shall be delineated and access to it shall be restricted to individuals who have received appropriate instructions and shall be controlled in accordance with written procedures provided by the undertaking. Wherever there is a significant risk of the spread of radioactive contamination, specific arrangements shall be made, including for the access and exit of individuals and goods and for monitoring contamination within the controlled area and, where appropriate, in the adjacent area.

(b) Taking into account the nature and extent of radiological risks in the controlled area, radiological surveillance of the workplace shall be organised in accordance with the provisions of Article 39.

(c) Signs indicating the type of area, the nature of the sources and their inherent risks shall be displayed.

(d) Working instructions appropriate to the radiological risk associated with the sources and the operations involved shall be laid down.

(e) The worker shall receive specific training in connection with the characteristics of the workplace and the activities.

(f) The worker shall be provided with the appropriate personal protective equipment.

2. Member States shall ensure that the undertaking is responsible for implementation of these duties taking into account the advice provided by the radiation protection expert.

Article 38 Supervised areas

1. Member States shall ensure that the requirements for a supervised area are the following:

(a) taking into account the nature and extent of radiological risks in the supervised area, radiological surveillance of the workplace shall be organised in accordance with the provisions of Article 39;

(b) if appropriate, signs indicating the type of area, the nature of the sources and their inherent risks shall be displayed;

(c) if appropriate, working instructions appropriate to the radiological risk associated with the sources and the operations involved shall be laid down.

2. Member States shall ensure that the undertaking is responsible for implementation of these duties taking into account the advice provided by the radiation protection expert.

Article 39 Radiological surveillance of the workplace

1. Member States shall ensure that the radiological surveillance of the workplace referred to in point (b) of Articles 37(1) and point (a) of Article 38(1) comprises, where appropriate:

(a) the measurement of external dose rates, indicating the nature and quality of the radiation in question;

(b) the measurement of the activity concentration in air and the surface density of contaminating radionuclides, indicating their nature and their physical and chemical states.

2. The results of these measurements shall be recorded and shall be used, if necessary, for estimating individual doses, as provided for in Article 41.

Article 40 Categorisation of exposed workers

1. Member States shall ensure that for the purposes of monitoring and surveillance, a distinction is made between two categories of exposed workers:

(a) category A: those exposed workers who are liable to receive an effective dose greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities;

(b) category B: those exposed workers who are not classified as category A workers.

2. Member States shall require the undertaking or, in the case of outside workers, the employer, to decide on the categorisation of individual workers prior to their taking up work that may give rise to exposure, and to regularly review this categorisation on the basis of working conditions and medical surveillance. The distinction shall also take into account potential exposures.

Article 41 Individual monitoring

1. Member States shall ensure that category A workers are systematically monitored based on individual measurements performed by a dosimetry service. In cases where category A workers are liable to receive significant internal exposure or significant exposure of the lens of the eye or extremities, an adequate system for monitoring shall be set up.

2. Member States shall ensure that monitoring for category B workers is at least sufficient to demonstrate that such workers are correctly classified in category B. Member States may require individual monitoring and if necessary individual measurements, performed by a dosimetry service, for category B workers.

3. In cases where individual measurements are not possible or inadequate, the individual monitoring shall be based on an estimate arrived at from individual measurements made on other exposed workers, from the results of the surveillance of the workplace provided for in Article 39 or on the basis of calculation methods approved by the competent authority.

Article 42 Dose assessment in the case of accidental exposure

Member States shall ensure that in the case of accidental exposure, the undertaking is required to assess the relevant doses and their distribution in the body.

Article 43 Recording and reporting of results

1. Member States shall ensure that a record containing the results of individual monitoring is made for each category A worker and for each category B worker where such monitoring is required by the Member State.

2. For the purposes of paragraph 1, the following information on exposed workers shall be retained:

(a) a record of the exposures measured or estimated, as the case may be, of individual doses pursuant to Articles 41, 42, 51, 52, 53 and, if decided by the Member State pursuant to Article 35(2), 54(3);

(b) in the case of exposures as referred to in Articles 42, 52 and 53, the reports relating to the circumstances and the action taken;

(c) the results of workplace monitoring used to assess individual doses where necessary.

3. The information referred to in paragraph 1 shall be retained during the period of their working life involving exposure to ionising radiation and afterwards until they have or would have attained the age of 75 years, but in any case not less than 30 years after termination of the work involving exposure.

4. Exposures as referred to in Articles 42, 52 53 and, if decided by the Member State pursuant to Article 35(2), 54(3) shall be recorded separately in the dose record referred to in paragraph 1.

5. The dose record referred to in paragraph 1 shall be submitted to the data system for individual radiological monitoring established by the Member State in accordance with the provisions of Annex X.

Article 44 Access to the results of individual monitoring

1. The Member States shall require that the results of the individual monitoring set out in Articles 41, 42, 52, 53 and, if decided by the Member State pursuant to Article 35(2), 54(3) be:

(a) made available to the competent authority, to the undertaking, and to the employer of outside workers;

(b) made available to the worker concerned in accordance with paragraph 2;

(c) submitted to the occupational health service in order for it to interpret the implications of the results for human health, as provided for in Article 45(2);

(d) submitted to the data system for individual radiological monitoring established by the Member State in accordance with provisions set out in Annex X.

2. Member States shall require the undertaking, or in case of outside workers, the employer, to grant workers, at their request, access to the results of their individual monitoring, including the results of measurements which may have been used in estimating these results, or to the results of the assessment of their doses made as a result of surveillance of the workplace.

3. Member States shall determine the arrangements under which the results of individual monitoring are conveyed.

4. The data system for individual radiological monitoring shall cover at least the data listed in Annex X, Section A.

5. In the case of an accidental exposure, Member States shall require the undertaking to communicate the results of individual monitoring and dose assessments to the individual and the competent authority without delay.

6. Member States shall ensure that arrangements are in place for the appropriate exchange, among the undertaking, in the case of an outside worker, the employer, the competent authority, occupational health services, radiation protection experts, or dosimetry services of all relevant information on the doses previously received by a worker in order to perform the medical examination prior to employment or classification as a category A worker pursuant to Article 45 and to control the further exposure of workers.

Article 45 Medical surveillance of exposed workers

1. Member States shall ensure that the medical surveillance of exposed workers is based on the principles that govern occupational medicine generally.

2. The medical surveillance of category A workers shall be undertaken by the occupational health service. This medical surveillance shall allow for the state of health of workers under surveillance to be ascertained as regards their fitness for the tasks assigned to them. To this end, the occupational health service shall have access to any relevant information they require, including the environmental conditions in the working premises.

3. Medical surveillance shall include:

(a) a medical examination prior to employment or classification as a category A worker to determine the worker's fitness for a post as a category A worker for which the worker is being considered;

(b) periodic reviews of health at least once a year, in order to determine whether the category A workers remain fit to perform their duties. The nature of these reviews, which can be performed as many times as the occupational health service considers necessary, shall depend on the type of work and on the individual worker's state of health.

4. The occupational health service may indicate the need for medical surveillance to continue after cessation of work for as long as they consider it necessary to safeguard the health of the person concerned.

Article 46 Medical classification

Member States shall ensure that the following medical classification is established with respect to fitness for work as a category A worker:

(a)

fit;

(b)

fit, subject to certain conditions;

(c)

unfit.

Article 47 Prohibition to employ or classify unfit workers

Member States shall ensure that no worker may be employed or classified for any period in a specific post as a category A worker if medical surveillance establishes that the worker is unfit for that specific post.

Article 48 Medical records

1. Member States shall ensure that a medical record is opened for each category A worker and kept up to date so long as the worker remains a worker in that category. Thereafter, it shall be retained until the individual has or would have attained the age of 75 years, but in any case not less than 30 years after termination of the work involving exposure to ionising radiation.

2. The medical record shall include information regarding the nature of the employment, the results of the medical examinations prior to employment or classification as a category A worker, the periodic reviews of health and the record of doses required by Article 43.

Article 49 Special medical surveillance

1. Member States shall ensure that in addition to the medical surveillance of exposed workers provided for in Article 45, provision is made for any further action considered necessary by the occupational health service for the health protection of exposed individuals, such as further examinations, decontamination measures, urgent remedial treatment or other actions identified by the occupational health service.

2. Special medical surveillance shall be performed in each case where any of the dose limits laid down in Article 9 has been exceeded.

3. Subsequent exposure conditions shall be subject to the agreement of the occupational health service.

Article 50 Appeals

Member States shall lay down the procedure for appeal against the findings and decisions made pursuant to Articles 46, 47 and 49.

Article 51 Protection of outside workers

1. Member States shall ensure that the system for individual radiological monitoring affords outside workers equivalent protection to that for exposed workers employed on a permanent basis by the undertaking.

2. Member States shall ensure that the undertaking is responsible, either directly or through contractual agreements with the employer of outside workers, for the operational aspects of the radiation protection of outside workers that are directly related to the nature of their activities in the undertaking.

3. In particular, Member States shall ensure that, as a minimum requirement, the undertaking shall:

(a) for category A workers entering controlled areas, check that the outside worker concerned has been passed as medically fit for the activities to be assigned to the worker;

(b) check whether the categorisation of the outside worker is appropriate in relation to the doses liable to be received within the undertaking;

(c) for entry into controlled areas, ensure that, in addition to the basic training in radiation protection the outside worker has received specific instructions and training in connection with the characteristics of the workplace and the conducted activities, in accordance with points (c) and (d) of Article 15(1);

(d) for entry into supervised areas, ensure that the outside worker has received working instructions appropriate to the radiological risk associated with the sources and the operations involved, as required in point (c) of Article 38(1);

(e) ensure that the outside worker has been issued with the necessary personal protective equipment;

(f) ensure that the outside worker receives individual exposure monitoring appropriate to the nature of the activities, and any operational dosimetric monitoring that may be necessary;

(g) ensure compliance with the system of protection as defined in Chapter III;

(h) for entry into controlled areas, ensure or take all appropriate steps to ensure that after every activity the radiological data from individual exposure monitoring of each category A outside worker within the meaning of Annex X, Section B, point 2, are recorded.

4. Member States shall ensure that employers of outside workers ensure, either directly or through contractual agreements with the undertaking, that the radiation protection of their workers is in accordance with the relevant provisions of this Directive, in particular by:

(a) ensuring compliance with the system of protection as defined in Chapter III;

(b) ensuring that the information and training in the field of radiation protection referred to in points (a), (b) and (e) of Article 15(1), Article 15(2), (3) and (4) is provided.

(c) guaranteeing that their workers are subject to appropriate assessment of exposure and, for category A workers, medical surveillance, under the conditions laid down in Articles 39 and 41 to 49;

(d) ensuring that the radiological data from the individual exposure monitoring of each of their category A workers within the meaning of Annex X, Section B, point 1, are kept up to date in the data system for individual radiological monitoring referred to in point (d) of Article 44(1).

5. Member States shall ensure that all outside workers make their own contributions, as far as practicable, towards the protection to be afforded to them by the radiological monitoring system referred to in paragraph 1, without prejudice to the responsibilities of the undertaking or employer.

Article 52 Specially authorised exposures

1. Member States may decide that in exceptional circumstances evaluated case by case, excluding emergencies, the competent authority may, where a specific operation so requires, authorise individual occupational exposures of identified workers exceeding the dose limits set out in Article 9, provided that such exposures are limited in time, confined to certain working areas and within the maximum exposure levels defined for the particular case by the competent authority. The following conditions shall be taken into account:

(a) only category A workers as defined in Article 40 or spacecraft crew may be subject to such exposures;

(b) apprentices, students, pregnant workers, and, if there is a risk of intake or bodily contamination, breastfeeding workers, are excluded from such exposures;

(c) the undertaking justifies such exposures in advance and thoroughly discuss them with the workers, their representatives, the occupational health service and the radiation protection expert;

(d) information about the risks involved and the precautions to be taken during the operation are provided to the relevant workers in advance;

(e) the workers have consented;

(f) all doses relating to such exposures are separately recorded in the medical record referred to in Article 48 and the individual record referred to in Article 43.

2. The exceeding of dose limits as a result of specially authorised exposures shall not necessarily constitute a reason for excluding workers from their usual occupation or relocating them, without their agreement.

3. Member States shall ensure that the exposure of spacecraft crew above the dose limits is managed as a specially authorised exposure.

Article 53 Emergency occupational exposure

1. Member States shall ensure that emergency occupational exposures shall remain, whenever possible, below the values of the dose limits laid down in Article 9.

2. For situations where the above condition is not feasible, the following conditions shall apply:

(a) reference levels for emergency occupational exposure shall be set, in general below an effective dose of 100 mSv;

(b) in exceptional situations, in order to save life, prevent severe radiation-induced health effects, or prevent the development of catastrophic conditions, a reference level for an effective dose from external radiation of emergency workers may be set above 100 mSv, but not exceeding 500 mSv.

3. Member States shall ensure that emergency workers who are liable to undertake actions whereby an effective dose of 100 mSv may be exceeded are clearly and comprehensively informed in advance of the associated health risks and the available protection measures and undertake these actions voluntarily.

4. In the event of an emergency occupational exposure, Member States shall require radiological monitoring of emergency workers. Individual monitoring or assessment of the individual doses shall be carried out as appropriate to the circumstances.

5. In the event of an emergency occupational exposure, Member States shall require special medical surveillance of emergency workers, as defined in Article 49, to be carried out as appropriate to the circumstances.

Article 54 Radon in workplaces

1. Member States shall establish national reference levels for indoor radon concentrations in workplaces. The reference level for the annual average activity concentration in air shall not be higher than 300 Bq m^–3, unless it is warranted by national prevailing circumstances.

2. Member States shall require that radon measurements are carried out:

(a) in workplaces within the areas identified in accordance with Article 103(3), that are located on the ground floor or basement level, taking into account parameters contained in the national action plan as under point 2 of Annex XVIII, as well as

(b) in specific types of workplaces identified in the national action plan taking into account point 3 of Annex XVIII.

3. In areas within workplaces, where the radon concentration (as an annual average), continues to exceed the national reference level, despite the action taken in accordance with the principle of optimisation as set out in Chapter III, Member States shall require this situation to be notified in accordance with Article 25(2) and Article 35(2) shall apply.