The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019
Posted on August 27, 2019 at 11:09 am
Jurisdiction: England, Scotland, Wales, Northern Ireland
Commencement: 7th August 2019
Amends: Air Navigation Order 2016
Revokes: Air Navigation (Cosmic Radiation) (Keeping of records) Regulations 2000
This Order implements requirements relating to the dangers arising from exposure to cosmic radiation by aircrew and spacecrew while working on board an aircraft or spacecraft.
This Order implements certain provisions of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation. It implements the Directive’s requirements relating to dangers arising from cosmic radiation in relation to exposure incurred, or likely to be incurred, by aircrew and spacecrew while working on board an aircraft or spacecraft.
This Order applies to:
- the operation of aircraft by an operator (i.e. the person who has the management of the aircraft or spacecraft) who is established in the UK or whose principal place of business is in the UK; and
- the operation of spacecraft which launches or is to launch from a spaceport in the UK, or carrier aircraft which launches or is to launch from an aerodrome or a spaceport in the UK.
It does not apply to the operation of military aircraft or spacecraft.
Generally applicable provisions
Authorisation and prohibition on exposure
Operators may not employ a person to perform work as a crew member on an aircraft or spacecraft that would render the person likely to receive an effective dose of cosmic radiation more than 1 mSv (The scientific unit of measurement for whole body radiation dose, called “effective dose,” is the millisievert) in a calendar year, unless the operator is authorised.
An operator is authorised if:
- they have been issued with a relevant certificate (a national air operator’s certificate or a Part-CAT air operator certificate), a space industry licence, or a specialised operations authorisation, and that certificate, licence, or authorisation is in force;
- they are an approved training organisation or a declared training organisation; or
- they have made a relevant declaration (i.e. a declaration to the Civil Aviation Authority (CAA) by an operator).
Operators may not employ a person to perform work as a crew member on an aircraft or spacecraft that would render the person likely to receive an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year unless the person is a classified (see below for more details) crew member and never exceeds more than 20 mSv in a calendar year.
An operator must conduct a risk assessment to determine the level of risk to crew members from exposure to cosmic radiation in the course of performing their work, before undertaking aircraft or spacecraft operations. If a previous risk assessment exists another is not required unless:
- it is suspected the previous risk assessment is no longer valid;
- a lot has changed in relation to the previous risk assessment; or
- there is reasonable cause to believe a crew member has received an overexposure.
An operator must take the results of the most recent risk assessments into account when managing the operation of aircraft or spacecraft and ensure that exposure to the crew of cosmic radiation is minimised.
Requirements to assess and inform
Operators must assess the exposure to cosmic radiation of each relevant crew member and inform them of their dose. They must also take that dose into account when planning work schedules so as to reduce doses of highly exposed crew.
Protection of pregnant crew
Operators must ensure relevant crew members are aware of the importance of reporting notification of pregnancy (in writing) as soon as possible to protect the unborn child from exposure. The exposure to cosmic radiation for a pregnant crew member must be kept to as low as reasonably achievable and the risk of exceeding 1mSv during the remainder of the pregnancy must be unlikely.
Monitoring of exposure to cosmic radiation: crew other than classified crew
The operator must monitor the exposure to cosmic radiation of relevant crew members closely enough in order to be able to identify members who should be classified.
Monitoring can be done by using any of the following computer programs:
- SIEVERT PN.
Provision of information and training to crew
The operator must give each relevant crew member the appropriate information and training about the health risks from exposure to cosmic radiation, the procedures for conducting a risk assessment, and the procedures for assessing and monitoring exposure.
The operator must ensure that the training is given to current crew members at the time this Order comes into force, or as soon as reasonably practicable thereafter. In the case of new employees, it must be before they perform any duties on board an aircraft or spacecraft.
If an operator suspects that a crew member has received an overexposure while working, an investigation must be conducted to determine if beyond a reasonable doubt that no overexposure has occurred. If it is not concluded that overexposure did not occur (within 14 days of the start of the investigation) overexposure is deemed to have occurred and the operator must:
- Notify the CAA of the overexposure.
- Where the crew member is a classified crew member, notify the doctor who did the crew member’s most recent medical examination or health review of the overexposure.
- Inform the crew member affected by the overexposure.
- If the crew member requests a medical examination, arrange for a doctor to do so.
- As soon as is reasonably practicable after the 14 day period, conduct an investigation to determine the dose of cosmic radiation and the required actions to prevent it from happening again.
- Report the investigation to the CAA.
- Notify the crew member affected, of the results and the actions to be taken to prevent it happening again.
- Where corrective actions are required, implement them as soon as practicable.
- Retain investigation reports for incidents where the results showed there was no overexposure for 2 years from the date the investigation was initiated.
- In the case where overexposure did occur, retain records of the investigation report until the 75th birthday of the crew member affected or the 30th anniversary of the date on which the investigation was commenced, whichever occurs later.
- In the case of an unauthorised operator, a crew member has received an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year.
- In the case of authorised operators:
- A classified crew member has received an effective dose of cosmic radiation of more than 20 mSv in a calendar year.
- Any other crew member has received an effective dose of cosmic radiation that is more than 6 mSv in a calendar year.
Continued working of overexposed crew
Operators may not employ or engage a crew member who has received an overexposure to perform duties that would render the crew member liable to receive an effective dose that exceeds X mSv for the rest of the calendar year.
Where X is the lower of:
- the dose limit applicable to the crew member divided by 365 and multiplied by the number of days left in the calendar year; or
- the dose limit applicable to the crew member minus the effective dose of radiation received for the calendar year to the date on which the crew member received the overexposure, excluding the dose resulting in the overexposure.
Operators employing or engaging a crew member who has received an overexposure to perform duties must inform the crew member of the dose limit applicable to the crew member.
Where an overexposure received by a crew member was caused by exceptional circumstances beyond the control of the operator, the dose resulting in the overexposure is not to be included in any assessment of the crew member’s effective dose for the purposes of prohibition on exposure and offences and penalties.
The “dose limit applicable to a crew member” is:
- For a crew member working for an unauthorised operator, 1mSv.
- For a crew member working for an authorised operator:
- for classified crew members, 20mSv; and
- for all other crew members, 6 mSv.
The “remainder of the calendar year” begins with the day after the date on which the crew member received the overexposure and ends with the last day of the calendar year.
Provisions relating to classified crew
Classification of crew
Operators may classify a crew member (if they know the crew member will receive a dose of cosmic radiation more than 6 mSv in a calendar year).
They must not classify a crew member unless at their most recent medical examination:
- a doctor determined that the crew member is fit to work as a classified crew member or fit subject to certain conditions, to work as a classified crew member; and
- the certain conditions above are complied with.
Operators must as soon as is possible after a crew member’s most recent medical examination or health review, review the suitability of the crew member for their classification, taking into consideration the results of:
- any monitoring undertaken in relation to the crew member since the beginning of the year in which the medical examination takes place or health review takes place;
- the crew member’s most recent medical examination or health review; and
- any other medical examination the crew member has been subject to since the date of the crew member’s most recent medical examination or health review.
Operators must withdraw a crew member’s classification if:
- at a crew member’s most recent medical examination or health review the doctor determines the crew member is unfit to work as a classified crew member; or
- the crew member is fit under certain conditions but the conditions are not being met.
Operators must ensure:
- Before they classify a crew member that the crew member has a medical examination by a doctor to determine if they are fit to work as a classified crew member.
- Every classified crew member must have a least 1 review of their health by a doctor in every 12 months to determine that they remain fit to work.
Operators must also ensure that the doctor who does the health examination or review determines that the crew member is:
- fit to work as a classified crew member;
- fit to work as a classified crew member under certain conditions and state those conditions; or
- unfit to work as a classified crew member.
Operators must, as soon as possible, inform the crew member concerned of the determination made by the doctor of the crew member’s fitness status (with regards to being a classified worker) and any conditions the doctor has specified as required.
A person who has undergone a medical examination or health review may appeal to the Chief Medical Officer of the CAA against any of the following decisions made in relation to the person:
- whether the person is fit to be classified or not; or
- the conditions specified as required.
An appeal must be made in writing within 28 days beginning with the date on which the person is notified of the decision.
The CAA must inform the person and the operator of the result of the appeal in writing as soon as possible after the appeal is decided.
Operators must allow a doctor access to any information required in relation to the doctor’s functions.
Operators must make sure a health record is created for each classified crew member. This health record is a written document containing the information in the Schedule. The record must be:
- maintained while the crew member it relates to is classified by the operator as a classified crew member; and
- retained until the later of either their 75th birthday or the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of their work for the operator.
A crew member can request a copy of their health record. A doctor may also request a copy of a health record of a crew member in the course of their duties. The operator must provide the crew member or doctor with a copy of the health record within a reasonable period of time after the request was made.
Monitoring of exposure to cosmic radiation: classified crew
Operators must ensure the exposure to cosmic radiation of each classified crew member is individually monitored.
Monitoring of the aircrew may be done by proper use of any of the following computer programmes:
- SIEVERT PN.
It can also be done by a computer programme that performs an equivalent function.
Records of exposure to cosmic radiation of classified crew
Operators must maintain a record of all monitoring undertaken for the exposure of classified crew members. This record is a document containing:
- date of birth;
- the name and address of the crew member’s employer, where it is not the operator; and
- the start date of the period to which the monitoring relates and, where possible, the end date.
Operators must ensure that a record is retained until the later of either:
- the 75th birthday of the crew member to whom the record relates; or
- the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of their work.
Operators must submit a copy of all records relating to the previous calendar year on or before the 31st March of each calendar year, to the CAA.
Access to records of individual exposure to cosmic radiation
An interested person may request an operator to supply a record for a particular crew member. An interested person can either be the crew member themselves, another operator, or a doctor. The operator must supply the record to the requesting party within a reasonable period of time.
Instruction of experts
Operators must instruct a suitably qualified person to review the processes implemented to comply with this Order. This review must be completed:
- within a reasonable period of this Order coming into force for operators already employing or engaging a person who does *regulated duties; or
- within a reasonable period of an operator commencing operations which involve employing or engaging a person to do regulated duties.
Operators must take into consideration the results of any review undertaken.
Operators must give the suitable qualified person doing the reviews the information they require to do the reviews and the facilities in order to conduct the reviews.
*Regulated duties means duties of a crew member on board that would expose the person performing the duties to an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year.
Inspections, documents, records, and information
Provision of information, documents and records and powers of the CAA
The CAA may, by notice in writing, require any operator to supply information, documents or records relating to exposure of any crew member to cosmic radiation.
The Operator must supply whatever was requested within 14 days (including the day the notice was received) to the CAA. If it cannot supply whatever was requested, it must inform the CAA as to why.
The CAA may inspect and copy any document or record which they have requested.
Right of access to aerodromes and other places
The CAA has the right of access at all reasonable times to any of the places mentioned below, in order to:
- inspect or copy a document or record for the purpose of monitoring compliance with the provisions of this Order; or
- inspect any equipment or software used, or intended to be used in connection with the monitoring of a person’s exposure to cosmic radiation.
The places are:
- any aerodrome;
- any place where an aircraft has landed;
- any premises for the time being controlled by any operator;
- any spaceport; and
- any place where a spacecraft has landed.
However, access may be obtained only with the permission of the person in charge of the relevant area (any place where an aircraft has landed, aerodrome or spaceport which is in the occupation of a visiting force or any department of the Government of the UK).
Prohibitions in relation to records
A person must not knowingly make, or procure, or assist in the making of, any false entry in, or material omission from, a health record or records of exposure to cosmic radiation of classified crew, or destroy any such record within the retention periods set out in this Order.
Duty on the CAA to communicate findings
The CAA must communicate the findings of any inspection under this Order to the operator inspected, within a reasonable period of the inspection being completed.
CAA’s power to determine an operator as not authorised
The CAA can determine that an operator is not authorised if:
- pending an inquiry there is sufficient grounds to believe that the operator has not complied with duties required of this Order;
- after an inquiry, the CAA is satisfied that the operator has failed to comply with a duty required of this order.
The CAA must then inform the operator as soon as possible after making the decision and provide the operator with written reasons for the decision.
An operator may apply to have the decision regarding the removal of their authorisation, rescinded. This must be done in writing and include evidence to support the reason for the request.The CAA may rescind the decision if it is satisfied that the operator is complying, or substantially complying with its duties under this Order.
A person must not intentionally obstruct or impede the CAA while the CAA is exercising a power under this Order.
Offences and penalties
A person who contravenes a provision set out in the Table is guilty of an offence and liable on conviction:
- in England and Wales, to a fine; or
- in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum; or
- on conviction to a fine or imprisonment for not more than 2 years, or both.
Transitional provision and revocation
This Order has modifications that relate to the fact that it does not come into force at the beginning of a calendar year. Hence, certain values with regards to mSv and numbers of days are prorated for the remainder of this calendar year.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland. Our intuitive online system helps manage your compliance obligations for environment, health & safety and food.