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

Medical surveillanceU.K.

This section has no associated Explanatory Memorandum

14.—(1) An operator must ensure that—

(a)before classifying a crew member as a classified crew member, the crew member undergoes a medical examination by a doctor to determine the crew member's fitness to perform duties as a classified crew member; and

(b)each classified crew member has at least one review of their health (“health review”) by a doctor once in every 12 months to determine whether the crew member remains fit to perform their duties.

(2) An operator must ensure that the doctor who performs an examination or health review in accordance with paragraph (1)—

(a)determines that the crew member is—

(i)fit to work as a classified crew member;

(ii)fit, subject to certain conditions, to work as a classified crew member; or

(iii)unfit to work as a classified crew member, and

(b)in a case within sub-paragraph (a)(ii), specifies the conditions concerned.

(3) An operator must, as soon as reasonably practicable, notify the crew member concerned of—

(a)the determination made by the doctor of the crew member's fitness under paragraph (2); and

(b)any conditions the doctor has specified in relation to the crew member under paragraph (2)(b).

(4) A person who has undergone a medical examination or health review under this article may appeal to the Chief Medical Officer of the CAA against any of the following decisions made in relation to the person—

(a)the determination made by the doctor under paragraph (2)(a); or

(b)the specification of a condition by the doctor under paragraph (2)(b).

(5) An appeal under paragraph (4) must be made in writing within 28 days beginning with the date on which the person is notified of the decision.

(6) The CAA must notify the person and the operator of the result of the appeal in writing as soon as reasonably practicable after the appeal is decided.

(7) An operator must allow a doctor access to any information the doctor may reasonably require in relation to the doctor's functions under this article.

Commencement Information

I1Art. 14 in force at 7.8.2019, see art. 1