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UK Emergency Planning Legislation


All companies have a general duty of care to their workers and others under the Health and Safety at Work Act (1974) and subsequent regulation such as the Management of Health and Safety at Work Regulations 1999 which place a duty on employers to risk assess any work being undertaken and seek to minimise those risks so far as is reasonably practical.

The nuclear industry is subject to the general regulation and some specific regulations as well as a wide body of advice. Key regulations are listed here.

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The Nuclear Installations Act 1963

The Nuclear Installations Act 1963 restricts certain activities related to nuclear power (with the exception of reactors comprised in a means of transport) to sites that have been granted a nuclear site license by the minister as is for the time being in force (1(1)).

Associated with the site license are a number of site license conditions imposed by the minister (4(1)). In particular note 4(1)c which notes that conditions may in particular include provision with respect to preparations for dealing with, and measures to be taken on the happening of, any accident or other emergency on the site”. This is the legal basis for site licence condition 11 which states that:

Licence Condition 11: Emergency arrangements
1 Without prejudice to any other requirements of the conditions attached to this licence the licensee shall make and implement adequate arrangement for dealing with any accident or emergency arising on the site and their effects.
2 The licensee shall submit to ONR for approval such part or parts of the aforesaid arrangements as ONR may specify.
3 The licensee shall ensure that once approved no alteration or amendment is made to the approved arrangements unless ONR has approved such alteration or amendment.
4 Where any such arrangements require the assistance or co-operation of, or render it necessary or expedient to make use of the services of any person, local authority or other body the licensee shall ensure that each person, local authority or other body is consulted in the making of such arrangements.
5 The licensee shall ensure that such arrangements are rehearsed at such intervals and at such times and to such extent as ONR may specify or, where ONR has not so specified, as the licensee considers necessary.
6 The licensee shall ensure that such arrangements include procedures to ensure that all persons in his employ who have duties in connection with such arrangements are properly instructed in the performance of the same, in the use of the equipment required and the precautions to be observed in connection therewith.

The ONR viewpoint on this condition can be found in their Nuclear Safety Technical Inspection Guide, LC 11 – Emergency Arrangements, NS-INSP-GD-011 Revision 2.

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Health and Safety and Work Act

The Health and Safety at Work Act. states that “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees” (2(1)) and “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety” (3(1)).

Other legislation such as the IRRs and REPPIR are built on to the Health and Safety at Work Act.

The requirement to reduce risks to “as low as reasonably practical” (ALARP) results in a continuous dialogue with regulators and peers about good practice and best practice and what is ALARP.

Guidance can be found in “The Tolerability of Risk from Nuclear Power Stations and from “Reducing Risks, Protecting People” (R2P2).

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The Nuclear industry Security Regulations

The Nuclear Industry Security Regulations requires an approved security plan which must describe the standards, procedures and arrangements relating to the steps to be taken by the responsible person or any person acting on his behalf if certain events occur that require immediate action. This covers events such as site incursion, firearms or explosives on site, malicious activity or attempts to steal nuclear material. Reference should be made to the NIMCA (a protectively marked document – the Nuclear Industries Malicious Capability Assessment) for details of the perceived threat. Ideally the response to security issues would be managed by the same processes and personnel as for nuclear safety.

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Ionising Radiations Regulations 1999

The Ionising Radiations Regulations. apply to any practice “practice” which includes “the production, processing, handling, use, holding, storage, transport or disposal of radioactive substances …which can increase the exposure of individuals to radiation from an artificial source, or from a radioactive substance containing naturally occurring radionuclides which are processed for their radioactive, fissile or fertile properties”.

The regulations are largely about routine radiological protection but a few concern emergency planning.

Regulation 7 requires that work with ionising radiation is risk assessed to identify the measures needed to restrict exposure and that the employer takes “all reasonable practical steps” to prevent accidents, limit the consequences should they occur and provide employees with information, instruction, training and equipment necessary to restrict their exposure.

Regulation 12 requires that “where an assessment made in accordance with regulation 7 shows that a radiation accident is reasonably foreseeable (having regard to the steps taken by the radiation employer under paragraph (3) of that regulation), the radiation employer shall prepare a contingency plan designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by such accident”.

Part 2 of regulation 12 requires contingency plans to be available and for those involved to be adequately trained and equipped. On nuclear licensed sites many contingency plans, but not all, rely on the standing emergency arrangements under site licence condition 11 to deal with more serious events and to supervise the recovery from minor events.

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Radiation(Emergency Preparedness and Public Information)Regulations

The Radiation (Emergency Preparedness and Public Information) Regulations 2001. apply to any work with ionising radiations in which the site holds more than a certain amount of radioactive material (as listed in Schedules 2 and 3 of the regulations).

Regulation 3 of REPPIR states that: “3.—(1) Subject to paragraph (4) and regulation 17, these Regulations apply to any work with ionising radiation which involves—
(a) having on any premises or providing facilities for there to be on any premises a radioactive substance containing more than the quantity of any radionuclide specified in Schedule 2 or, in the case of fissile material, more than the mass of that material specified in Schedule 3” …..

The quantities in Schedule 3 are very small, 500g for uranium enriched in U-235 to between 1% and 5% and 250g for higher enrichment. This threshold will be comfortable exceeded by the first fresh fuel delivery.

The schedule 2 quantities of radionuclides on premises are also quite low (I-131 9 x 1010 Bq, Cs-137 1 x 10 11 Bq for example). These values will be exceed shortly after first criticality (this is a guess – might be worth doing some simple sums) and will probably remain exceeded until the site final clearance. It is possible that the REPPIR schedule 2 thresholds might be exceeded earlier if radioactive material was used on site for purposes of testing.

Regulation 4 requires the operator to make an assessment (Hazard Identification and Risk Evaluation – HIRE) which “is sufficient to demonstrate that—
c) all hazards arising from that work with the potential to cause a radiation accident have been identified; and
d) the nature and magnitude of the risks to employees and other persons arising from those hazards have been evaluated”.
This is generally satisfied by the site safety case(s).

Regulation 5 requires a revision of the HIRE if there is a material change in the use of radioactivity.

Regulation 6 requires the operator to report the assessment (RoA) to the regulator at least one year before starting work with ionising radiation or within 28 days of a material change. The minimum content of the RoA is listed in Schedule 5 of the regulations while Schedule 6 gives a list of other information the executive might request in this context.

Regulation 7 requires that where a RoA has shown that it is reasonably foreseeable that a REPPIR Emergency might arise the operator must prepare an adequate emergency plan referred to as the operator’s plan “designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by such reasonably foreseeable emergencies as are identified by the said assessment”. Part 1 of schedule 7 outlines the compulsory information for an operator’s plan. The operator’s plan brings with it a necessity to consult as appropriate and consult, inform, train and equip the affected workforce.
Importantly Regulation 7.3 states that:
(3) No person shall carry out work with ionising radiation to which the assessment made in accordance with regulation 4(1) applies unless -
(a) the operator has complied with the requirements of paragraphs (1) and (2); and
(b) the local authority has complied with the requirements of regulation 9(1), (2), (8) and (9) and has provided confirmation of this to the operator in accordance with regulation 9(13)

Regulation 9 requires that where a RoA has shown that it is reasonably foreseeable that a REPPIR Emergency might arise the Local Authority must prepare an off-site plan “designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by such reasonably foreseeable emergencies as are identified in that assessment and the plan shall be prepared in respect of such area as in the opinion of the Executive any member of the public is likely to be affected by such radiation emergencies”.

Importantly Part 1 of schedule 8 confirms that the steps taken in any plan must produce sufficient gain to justify the harm and costs, including the social costs.

Regulation 9 also requires the operator to “supply to the local authority such information as is necessary for the purpose of enabling the authority to prepare the off-site emergency plan”. Thus far this has just tended to be the distances out to which countermeasures might be appropriate in the event of a reference accident but, in future, more information might be requested to help determine countermeasure strategies. This information should be reviewed every three years.

Regulation 10 requires that l at suitable intervals not exceeding 3 years [the owners of plans prepared under REPPIR] —
(a) review and where necessary revise the plan; and
(b) test the plan and take reasonable steps to arrange for the emergency services to participate in the test to such extent as is necessary,

Regulation 11 requires co-operation between the parties involved in emergency preparedness and response and 12 allow the Local Authority to charge the operator for costs relating to preparing, maintaining and testing the plan.

Regulation 13 requires the prompt initiation of plans and promulgation of alert in the event of a radiation emergency or circumstances where a radiation emergency might occur.

Regulation 14 is a complex regulation about emergency exposures which is a mechanism to permit chosen key personnel exceed the usual radiation dose limits under controlled circumstances and providing the situation justifies it. The operator is required to identify “those employees who may be subject to emergency exposures.” Reg 14(1)(a), provide such employees with training as specified in reg 14(1)b and appropriate equipment reg 14(2)c. To make arrangements for medical surveillance in the event of an exposure without delay reg 14(2)d. Make arrangements with an Approved Dosimetry Service reg 14(2)e. To make arrangements to notify results of dose assessments reg 14(2)f. To identify those employees authorised to permit emergency exposures reg 14(2)g. At least 28 days before starting work, notify the executive the dose levels which have been determined reg.14(2) and notify them if this changes reg 14(3). Be prepared to adopt different dose limits if the regulator specifies them 14(4). Manage emergency exposures on the day 14(5 – 9).

Regulation 15 disapplies Regulation 11 of the Ionising Radiations regulations, which is dose limitation, for intervention. pic

Regulation 16 requires the operator to provide information as specified in a Schedule to the public in an area determined by the regulator without them having to request it (see booklet ).

Regulation 17 explains the duty of the local authority to supply information to the public in the event of a radiation emergency. This includes “information of and advice on the facts of the emergency, of the steps to be taken and, as appropriate, of health protection measures applicable.”

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If you want to know more about legislation and how it applies to your site then contact infoweb1@katmal.co.uk.

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