Health and Safety
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About HSE
Schedule to the memorandum- operational liaison between HSE and the Agency:
Introduction
1. This memorandum of understanding (MoU) is between the Health and Safety Executive (HSE) and the Environment Agency (the Agency). Its purpose is to ensure effective co-ordination of the regulation of radioactive substances at non-nuclear sites (ie sites not licensed under the Nuclear Installations Act 1965) and measures to protect people and the environment, which are subject to regulation by the Agency and HSE. Such co-ordination should minimise duplication of regulatory effort and ensure that neither employers and undertakings holding radioactive substances, nor any other party, is faced with conflicting demands as a consequence of regulation under the Ionising Radiations Regulations 1999 (IRR99) and the Radioactive Substances Act 1993 (RSA93).
2. The memorandum supplements and forms an annex to the memorandum dated 10 July 2000 between Miss Bacon, for HSE, and Mr Gallagher, for the Agency, which established an overarching framework for liaison. It replaces and supersedes the memorandum dated 19 September 1997 between Mr Gallagher for the Agency and Dr Graham for HSE. It does not apply at sites licensed or in the process of being licensed under the Nuclear Installations Act 1965 (as amended). Licensed sites are exempt under RSA93 from the requirements for registration and for authorisation of the accumulation of radioactive waste. Co-ordination between HSE and the Agency on licensed sites is the subject of a separate memorandum of understanding dated 29 March 1996 between Dr Harbison, for HSE, and Dr Slater, for the Agency.
HSE
3. HSE regulates work with ionising radiation by enforcing relevant provisions of the Health and Safety at Work etc Act 1974, IRR99, the Public Information for Radiation Emergencies Regulations 1992, the Management of Health and Safety at Work Regulations 1999 and the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1999.
4. ‘Work with ionising radiation’ includes the production, processing, handling, use, holding, storage, moving, transport and disposal of any radioactive substance. HSE receives notification of all work with ionising radiation under IRR99 (except where that work is exempt from reporting under Schedule 1) and receives notice of material changes in that work. HSE seeks to ensure that occupational exposure to ionising radiation and any direct exposure of other persons arising from a work activity is kept as low as reasonably practicable. Under IRR99, HSE also has certain enforcement responsibilities in relation to equipment used for medical exposure in that patient doses are restricted so far as is reasonably practicable in line with the intended diagnostic or therapeutic purpose.
Environment Agency
5. Under provisions of the RSA93 (as amended), the Agency regulates:
(a) the keeping and use of radioactive materials;
(b) the keeping, use, lending or letting on hire of mobile radioactive apparatus, for testing, measuring or otherwise investigating the characteristics of substances or articles, or releasing quantities of radioactive material into the environment or introducing such material into organisms;
(c) the accumulation of radioactive waste; and
(d) the disposal of radioactive waste.
6. The Agency is responsible for issuing registrations for radioactive material and for mobile radioactive apparatus, and grants authorisations for the accumulation and disposal of radioactive waste. These registrations and authorisations are subject to limitations and conditions which have legal force. Exemptions have been granted, by order of the Secretary of State for the Environment, from the requirement for registration or authorisation, for a number of uses of radioactive substances. The Agency is also the Competent Authority in England and Wales in respect of the shipment of radioactive sources between European Union Member States (EC Regulation 1493/93) and for the transfrontier shipment of radioactive waste (Directive 92/3/Euratom).
7. The primary purpose of RSA93 is to control radioactive waste. In regulating under its provisions, the Agency implements Government policy for radioactive waste management. The policy and regulatory framework, which were set out in the 1995 White Paper Cm 2919, ensure that:
(i) radioactive wastes are not created unnecessarily;
(ii) such wastes as are created are safely and appropriately managed and treated;
(iii) they are then safely disposed of at appropriate times and in appropriate ways;
so as to safeguard the interests of existing and future generations and the wider environment, and in a manner that commands public confidence and takes due account of costs. It is the Agency’s duty to ensure that the framework is properly implemented in accordance with its statutory powers. The Department of the Environment, Transport and the Regions has issued to the Agency the Radioactive Substances (Basic Safety Standards)(England and Wales) Direction 2000. This Direction requires the Agency to ensure, when discharging its functions under RSA 93 that certain provisions of the 1996 Euratom Basic Safety Standards Directive are complied with. It requires the Agency to ensure that the Directive dose limits for members of the public are complied with, that the maximum doses to individuals do not exceed certain dose constraints and that exposures of members of the public and the population as a whole resulting from the disposal of radioactive waste are kept as low as reasonably achievable, economic and social factors being taken into account. The Direction also requires the Agency to observe the requirements of the Directive when estimating effective and equivalent dose and population doses and when placing certain Directive responsibilities on undertakings.
8. The working arrangements to achieve the objectives in paragraph 1 are set out in the attached schedule. The schedule is divided into two parts, the first setting out situations where liaison would normally be expected, unless circumstances indicate otherwise. The second part describes situations where there are overlapping interests and where therefore liaison should be considered and may well be helpful.
9. It is the responsibility of staff in both organisations at all levels to adopt an intelligent and open approach and to ensure prompt action to achieve effective liaison whenever the need arises. It is recognised that this may involve discussions between staff at working level, to agree how the statutory provisions and compliance standards issued under them should be interpreted in particular circumstances, in order to prevent misunderstanding and to determine ways of reconciling any differences that may arise.
10. Line managers in the field should make local arrangements for maintaining effective liaison in their areas of responsibility. Whilst this will take place naturally in the course of contacts arising from operational activities and the business of regulation, in order to ensure that there is adequate liaison at local operations level, a representative from each Area Office of the Agency and its geographical counterpart in HSE shall meet at least once a year. The purpose of this meeting will be to review the operational matters listed in Appendix 3 to the overarching MoU between HSE and the Agency and any other relevant matters. The representatives shall each designate a Liaison Officer to co-ordinate the meeting and act as a general point of contact for other matters for liaison between the two organisations. National liaison meetings will be held, as necessary, between appropriate staff in each organisation to review operational issues of mutual interest or concern.
11. When planning agendas and programmes for area, regional and national staff meetings, specialist workshops and training courses, both organisations should bear in mind the advantages of representation from the other body and make suitable arrangements when appropriate.
12. Those with enforcement responsibilities at particular premises should be made aware of any public disclosure of relevant information relating to those premises, to avoid the appearance of uncoordinated action by the regulatory authorities. It is the responsibility of the organisation proposing disclosure (or non-disclosure) to alert the other organisation to its intention whenever the disclosure would be relevant to the interests of the other organisation.
13. Where the Agency and HSE disagree on any matter relevant to the regulation of radioactive substances at a particular premises, they will seek to resolve their differences before any specific requirements are placed upon the employer/undertaking. Where such disagreements cannot be resolved by the staff concerned at working level, they shall be referred to a higher level of management and, if necessary, to the Co-ordination Group under the overarching memorandum of understanding.
Signed
............................. .............................
Barbara Young Timothy Walker
for the Environment Agency for the Health and Safety Executive
Date: 23 February 2002 Date: 23 February 2002
SCHEDULE TO THE MEMORANDUM
OPERATIONAL LIAISON BETWEEN HSE AND THE AGENCY
1) Situations where liaison is normally expected
Enforcement
Both HSE and Agency staff have available a range of enforcement tools. Enforcement action may entail, as appropriate, letters to employers and undertakings confirming compliance deficiencies, the issue of Improvement/Enforcement and Prohibition Notices and institution of proceedings in respect of particular offences.
Wherever practicable, where HSE or the Agency proposes to take formal enforcement action the other organisation should be consulted, unless it is clear that the action proposed is not relevant to the interests of that organisation. If it is not practicable to consult that organisation, for example where an immediate prohibition notice must be issued, the other organisation should be informed about the action taken as soon as possible. In some cases, most notably in legal proceedings where there has been contravention of IRR99 and RSA93, the Agency and HSE will consult before instituting these, as a joint action may be desirable.
Incidents and Notifications
HSE should receive notifications from employers working with ionising radiation in the event of certain incidents:
HSE inspectors may investigate such incidents; this investigation may be limited, for example if enforcement action is not required. It is likely to include an assessment of the adequacy of any contingency plan required under regulation 12 IRR99.
As a requirement of registrations and authorisations under RSA93, the Agency should be notified of the following:
Agency staff should investigate such incidents in order to determine whether there has been any contravention of the requirements of RSA93, to ensure that exposure of members of the public as a result is minimised, and to ensure that, if necessary, remedial actions are taken to prevent a recurrence.
If radioactive waste is found on unoccupied premises, or the occupier is absent or insolvent and the Agency is satisfied that the waste ought to be disposed of, but it is unlikely that the waste will be lawfully disposed of, it has the power to dispose of the waste as it thinks fit, and to recover from the occupier or owner of the premises any expenses reasonably incurred.
Whenever one organisation learns of an incident where the other may have an interest, it should pass on the information as soon as practicable. Such incidents include lost or stolen radioactive substances, spillages of unsealed/open radioactive sources and leakage from sealed/closed sources and discarded sources. Sources or contaminated materials discovered at scrap yards etc might include depleted uranium, and scrap contaminated with enhanced natural radioactivity, for example tubulars from oil and gas installations. Incidents in which the NAIR (National Arrangements for Incidents involving Radioactivity) scheme is brought into operation may involve staff from HSE and the Agency. The Agency has an important role in advising on and regulating disposal of waste arising from NAIR.
Inputs to International Work
HSE and the Agency have roles in the preparation and implementation of international legislation, standards and commitments. Those concerned should consult with each other, and with DEFRA, as appropriate. This may involve both technical and policy considerations.
Guidance and technical standards
HSE and the Agency should consult each other on proposals to produce guidance on topics of mutual interest and, where appropriate, should consider publication as joint guidance for users.
HSE and the Agency should also liaise regarding the application and interpretation of technical standards.
Monitoring New Developments
HSE and the Agency should keep each other informed at the earliest stage of new developments which are likely to be of mutual interest. This will ensure that from the outset there is effective technical co-ordination in the application of both technical standards and working practices to proposed new developments.
Disclosure of Information
HSE and the Agency are open about their activities as part of their commitment to the Citizen’s Charter and compliance with the Environmental Information Regulations 1992 and the Code of Practice on Access to Government Information 1994 (OG Code). Information requested will be disclosed unless it is covered by an exemption (including any statutory restriction). To encourage a consistent approach to disclosure, it is important that the enforcing authority responsible for particular premises should be aware of any significant proposed disclosure to the public, including the media and should make the other enforcing authority aware of that disclosure. Requests by either organisation for the exchange of information with the other will normally be met, subject to any statutory prohibitions.
2) Situations where liaison may be helpful
The situations below are ones where HSE and the Agency enforce overlapping requirements and these requirements are described under each heading. HSE inspectors and Agency staff need to be aware of the interests of the other organisation when dealing with individual employers and undertakings. In addition, staff in each organisation should have up to date copies of staff directories and organograms of the other to increase staff awareness of structures and contacts.
Registrations, authorisations and notifications
HSE inspectors receive advance notification under regulation 6 IRR99 of the intention to begin work with ionising radiation for the first time at particular premises. This notification will give basic details such as the address of the premises and the type of source to be used. Inspectors can also require additional information, such as a description of the work, by serving a written notice on the employer. Companies undertaking site radiography are normally required to give HSE advance notification of each new job. Inspectors will receive notice of any material change to the original details notified, for example where an employer who only uses sealed sources purchases an X-ray generator. Inspectors will also receive notification of cessation of work where it has involved unsealed sources and the site, or any part of it, has been vacated.
Before the use of radioactive materials or the accumulation or disposal of radioactive waste can take place, registration and authorisation under RSA93 is necessary, unless covered by an Exemption Order. Agency staff provide application forms for registration and authorisation, and guidance on their completion. The Agency grants registrations and authorisations subject to limitations and conditions which have legal force. The Agency sends copies of applications, registrations and authorisations to local authorities and places these documents on its public registers so that they are available to members of the public.
Agency officers enforce the limitations and conditions of registrations and authorisations. In summary, these address the following matters:
Storage and records for radioactive substances
HSE enforces regulations 27-29 IRR99 which concern the design, construction, maintenance, leak testing, accounting and storage of sources. Regulation 8 IRR99, which imposes a general duty to restrict exposure by means of engineering controls and design features (e.g. shielding) is also relevant. An Approved Code of Practice supporting the regulations explains the practical standards (or equivalent) that should be achieved.
The conditions of registrations and authorisations under RSA93 place requirements on users in respect of the construction, maintenance, contents and marking of stores for radioactive sources and radioactive waste and prevention of unauthorised access. They also require up to date, clear and legible records to be kept of radioactive materials and waste, the dates of receipt and removal, and that these records are available for inspection. A summary report of waste disposals is required to be sent to the Agency.
Releases of Radioactivity
HSE inspectors enforce the provisions of regulations 8 and 7 IRR99 which require the restriction of exposures to employees and other persons as far as reasonably practicable and the prevention or limitation of the consequences of any accident, occurrence or incident, including one resulting in a spread of contamination outside the site boundary. Regulation of the protection of the workforce from emissions which are entirely confined within workplaces rests with HSE and this includes employees working on contaminated land.
Regulation of all disposals of radioactive waste, including transfers of waste between premises, waste incineration and discharge into the environment rests with the Agency. The Agency acts so as to limit such disposals so that radiation exposure of the public is as low as reasonably achievable, and is within national dose limits and constraints, in accordance with the Radioactive Substances (Basic Safety Standards)(England and Wales) Direction 2000.
Design of workplace
HSE inspectors enforce requirements under regulations 6, 8, 11, 12 and 25 IRR99 to restrict exposures to employees and other persons as far as reasonably practicable (preferably by means of engineering controls and design features), to designate controlled and supervised areas, to prevent or limit the consequences of any accident, occurrence or incident, to provide local rules, to provide information and training and to supervise the work with ionising radiations. HSE will also check that the employer has appointed an expert radiation adviser if required under regulation 13 IRR99.
The Agency is responsible for ensuring that facilities handling radioactive substances (including floors, ceilings, walls, fittings and furniture in any area where radioactive waste is accumulated or disposed of and any associated drainage and ventilation systems) are designed, constructed, maintained and used in such a manner that they do not readily become contaminated and that any contamination which does occur can easily be removed.
Added to the HSE website 16 July 2002