The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019
23 August 2019
Came into force: 7th August 2019
Amends: Air Navigation Order 2016
Jurisdiction: UK
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:
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 in a calendar year, unless the operator is authorised.
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 crew member and never exceeds more than 20 mSv in a calendar year.
The “dose limit applicable to a crew member” is:
Risk assessments
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.
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.
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.
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.
Overexposure
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.
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.
X equals the lower of:
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).
Medical surveillance
Operators must ensure:
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.
Monitoring of exposure to cosmic radiation: classified crew
Operators must ensure the exposure to cosmic radiation of each classified crew member is individually monitored.
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.
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.
Instruction of experts
Operators must instruct a suitably qualified person to review the processes implemented to comply with this Order.
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.
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:
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.
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.
For more information click here.
Amends: Air Navigation Order 2016
Jurisdiction: UK
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 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.
Duties
General provisionsAuthorisation 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 in a calendar year, unless the operator is authorised.
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 crew member and never exceeds more than 20 mSv in a calendar year.
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.
Risk assessments
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.
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.
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.
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.
Overexposure
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.
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.
X equals 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.
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).
Medical surveillance
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 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.
Monitoring of exposure to cosmic radiation: classified crew
Operators must ensure the exposure to cosmic radiation of each classified crew member is individually monitored.
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.
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.
Instruction of experts
Operators must instruct a suitably qualified person to review the processes implemented to comply with this Order.
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.
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.
- 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.
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.
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.
For more information click here.