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BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

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Table of Provisions (150)

Preamble Reg. 1 Citation. First Schedule Reg. 2 Subject matter and scope. Second Schedule Reg. 3 Enforcement. Third Schedule Reg. 4 Interpretation. Fourth Schedule Reg. 5 General principles. Fifth Schedule Reg. 6 Optimisation - use of dose constraints. Sixth Schedule Reg. 7 Optimisation - use of Reference levels in existing and emergency situations. Seventh Schedule Reg. 8 Dose limitation - age limit for exposed workers. Eighth Schedule Reg. 9 Dose limits for occupational exposure. Ninth Schedule Reg. 10 Dose limitation for pregnancy and breastfeeding. Tenth Schedule Reg. 11 Dose limitation for apprentices and students. Eleventh Schedule Reg. 12 Dose limitation for public exposure. Twelfth Schedule Reg. 13 Estimation of the effective and equivalent dose. Thirteenth Schedule Reg. 14 General training in radiation protection. Reg. 14A Courses in medical and dental schools. Reg. 14B Exposed workers to provide information. Fourteenth Schedule Reg. 15 Work specific training of exposed workers and information provided to them. Fifteenth Schedule Reg. 16 Information and training of workers potentially exposed to orphan sources. Reg. 17 Prior information and training for emergency. Reg. 18 Approval, Education, information and training in the field of medical exposure. Reg. 19 Reg. 20 Training programmes. Reg. 21 Education and training. Reg. 21A Resources. Reg. 22 Clinical use of new techniques. Reg. 23 Justification. Reg. 24 New class or types of practice. Reg. 25 Review of existing classes or types of practices. Reg. 26 Medical exposure. Reg. 27 Practices involving consumer products. Reg. 28 Prohibited practices. Reg. 29 Deliberate exposures of humans for non- medical purposes. Reg. 30 Justified practices. Reg. 31 Practices involving non-medical imaging exposure. Reg. 32 Graded approach to regulatory control. Reg. 32A Registers. Reg. 33 Identification of practices involving naturally-occurring radioactive material. Reg. 34 Reg. 35 Exemption from notification. Reg. 36 Registration versus licensing. Reg. 37 Licensing. Reg. 38 Authorisation. Reg. 39 Release from regulatory control. Reg. 40 Responsibilities. Reg. 41 Operational protection of exposed workers. Reg. 42 Operational protection of apprentices and students. Reg. 43 Consultations with a radiation protection expert. Reg. 44 Arrangements in workplaces. Reg. 45 Classification of workplaces. Reg. 46 Controlled areas. Reg. 47 Supervised areas. Reg. 48 Radiological surveillance of the workplace. Reg. 49 Categorisation of exposed workers. Reg. 50 Individual monitoring. Reg. 51 Dose assessment in the case of accidental exposure. Reg. 52 Recording and reporting of results. Reg. 53 Access to the results of individual monitoring. Reg. 54 Data on outside workers to be supplied. Reg. 55 Medical surveillance of exposed workers. Reg. 56 Medical classification. Reg. 57 Prohibition to employ or classify unfit workers. Reg. 58 Medical records. Reg. 59 Special medical surveillance. Reg. 60 Appeals. Reg. 61 Protection of outside workers. Reg. 62 Specially authorised exposures. Reg. 63 Emergency occupational exposure. Reg. 64 Radon in workplaces. Reg. 65 Justification. Reg. 66 Optimisation. Reg. 67 Approval and responsibilities. Reg. 68 Undertakings. Reg. 69 Practical aspects of medical radiological procedures. Reg. 70 Procedures. Reg. 71 Training and recognition. Reg. 72 Equipment. Reg. 73 Installation of the equipment. Reg. 74 Acceptance testing. Reg. 75 Constancy testing. Reg. 76 Recalibrated equipment. Reg. 77 Acceptable levels. Reg. 78 Clearance for clinical use. Reg. 79 Compliance. Reg. 80 Specific requirements. Reg. 81 Special practices. Reg. 82 Special protection during pregnancy and breastfeeding. Reg. 83 Accidental and unintended exposures. Reg. 84 Estimates of population doses. Reg. 85 Planning for the protection of members of the public. Reg. 86 Estimation of doses to the members of the public. Reg. 87 Radioactive discharges. Reg. 88 Tasks for the undertaking. Reg. 89 Emergency response. Reg. 90 Notification. Reg. 91 Emergencies on or outside Maltese territory. Reg. 92 Medical treatment. Reg. 93 Information to the members of the public likely to be affected in the event of an emergency. Reg. 94 Information to the members of the public actually affected in the event of an emergency. Reg. 95 Environmental monitoring programme. Reg. 96 Contaminated areas. Reg. 97 Indoor exposure to radon. Reg. 98 Gamma radiation from building materials. Reg. 99 Safety culture. Reg. 100 Radiation Protection Programmes. Reg. 101 Safety Assessments. Reg. 102 Recognition of services and experts. Reg. 103 Occupational health services. Reg. 104 Dosimetry services. Reg. 105 Radiation protection expert. Reg. 106 Radiation Protection Experts. Reg. 107 Medical physics experts. Reg. 108 Approval certificates. Reg. 109 Meetings. Reg. 110 Radiation protection officer. Reg. 111 Assistance. Reg. 112 General requirements for unsealed sources. Reg. 113 General requirements for sealed sources. Reg. 114 Requirements for control of high- activity sealed sources. Reg. 115 Record keeping by the undertaking. Reg. 116 Control of high- activity sealed sources identification and marking. Reg. 117 Detection of orphan sources. Reg. 118 Metal contamination. Reg. 119 Recovery, management, control and disposal of orphan sources. Reg. 120 Financial security for orphan sources. Reg. 121 Notification and recording of significant events. Reg. 122 National Emergency preparedness. Reg. 123 International cooperation. Reg. 124 Programmes on existing exposure situations. Reg. 125 Establishment of strategies. Reg. 126 Implementation of strategies. Reg. 127 Radon action plan. Reg. 128 Inspections. Reg. 129 .Enforcement. Reg. 130 Repeal.

Statutory Text (150 Articles)

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

BASIC SAFETY STANDARDS FOR IONISING RADIATION

SUBSIDIARY LEGISLATION 585.01

BASIC SAFETY STANDARDS FOR IONISING

RADIATION REGULATIONS

6th February, 2018

LEGAL NOTICE 210 of 2018, as amended by Legal Notice 184 of 2020

and 139 of 2022 and Act XXXIII of 2024.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The title of these regulations is the Basic Safety

Standards for Ionising Radiation Regulations.

(2) These regulations implement Directive 2013/59/

Euratom, Basic Safety Standards for Protection Against the Dangers

Arising From Exposure to Ionising Radiation.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 4)

Radiation and tissue weighting factors

A. Radiation weighting factors

Radiation type

W R

Photons

Electrons and muons

Protons and charged pions

Alpha particles, fission fragments, heavy ions

Neutrons, E n <1 MeV

Neutrons, 1 MeV ≤ E n ≤50 MeV

Neutrons, E n >50 MeV

Note: All values relate to the radiation incident on the body or, for internal

radiation sources, emitted from the incorporated radionuclide(s).

B. Tissue weighting factors

Tissue

W T

Bone-marrow (red)

0.12

Colon

0.12

Lung

0.12

Stomach

0.12

Breast

0.12

Remainder tissues (*)

0.12

Gonads

0.08

Bladder

0.04

Oesophagus

0.04

Liver

0.04

Thyroid

0.04

Bone surface

0.01

Brain

0.01

Salivary glands

0.01

0.01

(*) The W T for the remainder tissues (0.12) applies to the arithmetic mean dose of the 13

organs and tissues for each sex listed below. Remainder tissues: adrenals, extrathoracic

(ET) region, gall bladder, heart, kidneys, lymphatic nodes, muscle, oral mucosa, pancreas,

prostate (male), small intestine, spleen, thymus, uterus/cervix (female).

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

These regulations establish the basic safety

standards for the protection of the health of individuals subject to

occupational, medical and public exposures against the dangers

arising from ionising radiation.

(2) These regulations apply to any planned, existing or

emergency exposure situation which involves a risk from exposure to

ionising radiation which cannot be disregarded from a radiation

protection point of view or with regard to the environment in view of

long-term human health protection.

(3) These regulations also provide for the security of

radioactive material and define specific requirements ensuring that

each such source is kept under control.

(4)

These regulations in particular apply to

(a)

the manufacture, production, processing,

handling, disposal, use, storage, holding, transport, import to,

and export from Malta of radioactive material;

(b)

the manufacture and the operation of electrical

equipment emitting ionising radiation and containing

components operating at a potential difference of more than 5

kilovolt (kV);

(c)

human activities which involve the presence of

natural radiation sources that lead to a significant increase in

the exposure of workers or members of the public, in

particular

(i)

the operation of aircraft in relation to the

exposure of crews;

(ii) the processing of materials containing

naturally-occurring radionuclides;

(d)

the exposure of workers or members of the

public to indoor radon, the external exposure from building

materials and cases of lasting exposure resulting from the

after-effects of an emergency or a past human activity;

(e)

the preparedness for, the planning of response to

BASIC SAFETY STANDARDS FOR IONISING RADIATION

and the management of emergency exposure situations that are

deemed to warrant measures to protect the health of members of

the public or workers.

(5)

These regulations shall not apply to

(a)

exposure to the natural level of radiation, such as

radionuclides contained in the human body and cosmic radiation

prevailing at ground level;

(b)

exposure to cosmic radiation in flight by members

of the public or workers other than aircrew;

(c)

aboveground exposure to radionuclides present in

the undisturbed earth's crust.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 4)

Activity Of high-activity sealed sources and Security Values

For radionuclides not listed in the table below, the relevant activity is identical to

the D-value defined in the IAEA publication Dangerous quantities of radioactive

material (D-values), (EPR-D-VALUES 2006).

Table 1

IAEA Code of Conduct on the safety and security of radioactive sources

Category 1

Category 2

Category 3

Security Level A

Security Level B

Security Level C

D x 1000 value

D x10 value

D Value

Values defining high-activity sealed

sources in this regulation

Radionuclide

Activity (TBq)

Activity (TBq)

Activity (TBq)

Am-241

6 x 10 1

6 x 10 -1

6 x 10 -2

Am-241/Be ( 1 )

6 x 10 1

6 x 10 -1

6 x 10 -2

Cf-252

2 x 10 1

2 x 10 -1

2 x 10 -2

Cm-244

5 x 10 1

5 x 10 -1

5 x 10 -2

Co-60

-1

3 x 10 -2

3 x 10

3 x 10

Cs-137

1 x 10 2

1 x 10 0

1 x 10 -1

1 x 10 1

1 x 10 0

Gd-153

1 x 103

8 x 10 1

8 x 10 -1

8 x 10 -2

Ir-192

Pm-147

4 x 10 4

4 x 10 2

4 x 10 1

Pu-238

6 x 10 1

6 x 10 -1

6 x 10 -2

Pu-239/Be

6 x 10 1

6 x 10 -1

6 x 10 -2

4 x 10 1

4 x 10 -1

4 x 10 -2

Ra-226

Se-75

2 x 10 2

2 x 10 0

2 x 10 -1

Sr-90 (Y-90)

1 x 103

1 x 10 1

1 x 10 0

Tm-170

2 x 10 4

2 x 10 2

2 x 10 1

Yb-169

3 x 10 -1

3 x 10

3x 10

Au-198

2 x 10 2

2x 10 0

2 x 10 -1

Cd-109

2 x 10 4

2 x 10 2

2 x 10 1

Co-57

7 x 10 2

7 x 10 0

7 x 10 -1

Fe-55

8 x 105

8 x 103

8 x 10 2

7 x 10 -1

Ge-68

7 x 10

7 x 10

Ni-63

6 x 10 4

6 x 10 2

6 x 10 1

Pd-103

9 x 10 4

9 x 10 2

9 x 10 1

Po-210

6 x 10 1

6 x 10 -1

6 x 10 -2

Ru-106

3 x 10 2

3 x 10 0

3 x 10 -1

Tl-204

2 x 10 4

2 x 10 2

2 x 10 1

( 1 ) The activity is that of the alpha-emitting radionuclide

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall have the power to enforce these

regulations.

Part II

Definitions

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 27)

JUSTIFICATION OF NEW CLASSES

OR

TYPES

OF

PRACTICES

INVOLVING CONSUMER PRODUCTS

(A) Any undertaking intending to manufacture or import into Malta

consumer products for which the intended use is likely to lead to a new class or type

of practice, shall provide the Commission with all relevant information, as to the

(i)

intended use of the product,

(ii)

technical characteristics of the product;

(iii) in the case of products containing radioactive substances, information as to

their means of fixation;

(iv) dose rates at relevant distances for the use of the product, including dose

rates at a distance of 10cm from any accessible surface;

(v)

expected doses to regular users of the product.

(B) The Commission shall examine that information and in particular

assess whether

(i)

the performance of the consumer product justifies its intended use;

(ii) the design is adequate in order to minimize exposures in normal use and the

likelihood and consequences of misuse or accidental exposures, or whether there should

be conditions imposed on the technical and physical characteristics of the product;

(iii) the product is adequately designed to meet the exemption criteria, and,

where applicable, is of an approved type and does not necessitate specific precautions for

disposal when no longer in use;

(iv) the product is appropriately labelled and suitable documentation is provided

to the consumer with instructions for proper use and disposal.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

In these regulations, unless the context otherwise

requires

"acceptance test" means is a test to check the compliance of

equipment, used in connection with medical exposure, with specified

tolerances;

"accident" shall mean any unintended event, including operating

errors, equipment failures and other mishaps, the consequences or

potential consequences of which are not negligible from the point of

view of radiation protection or safety;

"Act" means the Nuclear Safety and Radiation Protection Act;

"absorbed dose" (D) means the energy absorbed per unit mass

Where

is the mean energy imparted by ionizing radiation to the

matter in a volume element, dm is the mass of the matter in this

volume element.

In these regulations, absorbed dose denotes the dose averaged

over a tissue or an organ. The unit for absorbed dose is the gray (Gy)

where one gray is equal to one joule per kilogram;

"accelerator" means equipment or installation, in which

BASIC SAFETY STANDARDS FOR IONISING RADIATION

particles are accelerated, emitting ionizing radiation with an energy

higher than 1 mega-electron volt (MeV);

"accidental exposure" means an exposure of individuals, other

than emergency workers, as a result of an accident;

"activation" means a process through which a stable nuclide is

transformed into a radionuclide by irradiating with particles or high-

energy photons the material in which it is contained;

"activity" (A) is the activity of an amount of a radionuclide in a

particular energy state at a given time. It is the quotient of dN by dt,

where dN is the expectation value of the number of nuclear

transitions from that energy state in the time interval dt

The unit of activity is the Becquerel (Bq);

"apprentice" means a person receiving training or instruction

within an undertaking with a view to exercising a specific skill;

"applicant" means a legal person who applies to Secretariat

filing a application to the Secretariat for the purpose of obtaining the

authorisation for undertaking of specific activities;

"authorisation" means a permission granted in a document by

the Secretariat to carry out a practice or any other action within the

scope of these regulations. Authorisations can take the form of a

registration or a licence.

"becquerel" (Bq) is the special name of the unit of activity.

One becquerel is equivalent to one nuclear transition per second;

"building material" means any construction product for

incorporation in a permanent manner in a building or parts thereof

and the performance of which has an effect on the performance of the

building with regard to exposure of its occupants to ionising

radiation;

"carers and comforters" means individuals knowingly and

willingly incurring an exposure to ionising radiation by helping, other

than as part of their occupation, in the support and comfort of

individuals undergoing or having undergone medical exposure;

"clearance levels" means values, established by the

Commission, and expressed in terms of activity concentrations at or

below which materials arising from any practice subject to

notification or authorisation may be released from the requirements

of these regulations;

"clinical audit" means a systematic examination or review of

BASIC SAFETY STANDARDS FOR IONISING RADIATION

medical radiological procedures which seeks to improve the quality

and outcome of patient care through structured review, whereby

medical radiological practices, procedures and results are examined

against agreed standards for good medical radiological procedures,

with modification of practices, where appropriate, and the application

of new standards if necessary;

"clinical responsibility" means responsibility of a practitioner

for individual medical exposures, in particular, justification;

optimisation; clinical evaluation of the outcome; cooperation with

other specialists and staff, as appropriate, regarding practical aspects

of medical radiological procedures; obtaining information, if

appropriate, on previous examinations; providing existing medical

radiological information and/or records to other practitioners and/or

the referrer, as required; and giving information on the risk of ionising

radiation to patients and other individuals involved, as appropriate;

"Commission" means the Commission for the Protection from

Ionising and Non-Ionising Radiation, as established by article 10 of the

Act, which acts as the regulatory authority in the field of nuclear safety

and radiation protection and has the legal authority for the purpose of

these regulations;

"committed effective dose" (E(τ)) is the sum of the committed

organ or tissue equivalent doses HT(τ) resulting from an intake, each

multiplied by the appropriate tissue weighting factor w T . It is defined

by

In specifying E(τ), is given in the number of years over which

the integration is made. For the purpose of complying with dose limits

specified in these regulations, is a period of 50 years following intake

for adults and up to the age of 70 for infants and children. The unit for

committed effective dose is the sievert (Sv);

"committed equivalent dose" (HT(τ)) is the integral over time (t)

of the equivalent dose rate in tissue or organ T that will be received by

an individual as a result of an intake.

It is given by

for an intake at time t 0 where

T ( t ) is the relevant equivalent dose rate in organ or tissue T at

BASIC SAFETY STANDARDS FOR IONISING RADIATION

time t,

τ is the time over which the integration is performed.

In specifying HT(τ), is given in number of years over which

the integration is made. For the purpose of complying with dose

limits specified in these regulations, τ is a period of 50 years for

adults and up to the age of 70 for infants and children. The unit for

committed equivalent dose is the sievert (Sv);

"consumer product" means a device or manufactured item into

which one or more radionuclides have deliberately been incorporated

or produced by activation, or which generates ionising radiation, and

which can be sold or made available to members of the public

without special surveillance or regulatory control after sale;

"constancy test" means a test intended to monitor the

constancy of the functional performance of the equipment used in

connection with medical exposures;

"contamination" means the unintended or undesirable presence

of radioactive substances on surfaces or within solids, liquids or

gases or on the human body;

"controlled area" means an area subject to special rules for the

purpose of protection against ionising radiation or preventing the

spread of radioactive contamination and to which access is

controlled;

"diagnostic reference levels" means dose levels in medical

radiodiagnostic or interventional radiology practices, or, in the case

of radio-pharmaceuticals, levels of activity, for typical examinations

for groups of standard-sized patients or standard phantoms for

broadly defined types of equipment;

"disused source" means a sealed source which is no longer

used or intended to be used for the practice for which authorisation

was granted but continues to require safe management;

"dose constraint" means a constraint set as a prospective upper

bound of individual doses, used to define the range of options

considered in the process of optimisation for a given radiation source

in a planned exposure situation;

"dose limit" means the value of the effective dose (where

applicable, committed effective dose) or the equivalent dose in a

specified period which shall not be exceeded for an individual;

"dosimetry service" means a body or an individual competent

to calibrate, read or interpret individual monitoring devices, or to

measure radioactivity in the human body or in biological samples, or

to assess doses, whose capacity to act in this respect is recognised by

the Commission;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

"effective dose" (E) is the sum of the weighted equivalent doses

in all the tissues and organs of the body from internal and external

exposure. It is defined by the expression

Where

is the absorbed dose averaged over tissue or organ T, due to

radiation R,

is the radiation weighting factor and

is the tissue weighting factor for tissue or organ T

is the equivalent dose absorbed by tissue T

The values for

and

are specified in the First Schedule.

The unit for effective dose is the sievert (Sv);

"emergency" means a non-routine situation or event involving a

radiation source that necessitates prompt action to mitigate serious

adverse consequences for human health and safety, quality of life,

property or the environment, or a hazard that could give rise to such

serious adverse consequences;

"emergency exposure situation" means a situation of exposure

due to an emergency;

"emergency management system" means the elements listed in

Section A of the Tenth Schedule, as incorporated in the national

radiological emergency plan, for emergency preparedness and

response, and arrangements for decision making in the event of an

emergency exposure situation;

"emergency occupational exposure" means exposure received in

an emergency exposure situation by an emergency worker;

"emergency response plan" means those elements listed in

Section B of the Tenth Schedule to plan for adequate response in the

event of an emergency exposure situation on the basis of postulated

events and related scenarios;

"emergency worker" means any person having a defined role in

an emergency and who might be exposed to radiation while taking

action in response to the emergency;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

"environmental monitoring" means the measurement of

external dose rates due to radioactive substances in the environment

or of concentrations of radionuclides in environmental media;

"equivalent dose" (HT) is the absorbed dose, in tissue or organ

T weighted for the type and quality of radiation R. It is given by

where

is the absorbed dose averaged over tissue or organ T, due to

radiation R,

is the radiation weighting factor.

When the radiation field is composed of types and energies

with different values of

, the total equivalent dose,

, is given

by

The values for

are specified in Section A of the First The

unit for equivalent dose is the sievert (Sv);

"exemption level" means a value established the Commission

and expressed in terms of activity concentration or total activity at or

below which a radiation source is not subject to notification or

authorisation;

"existing exposure situation" means an exposure situation that

already exists when a decision on its control has to be taken and

which does not call or no longer calls for urgent measures to be

taken;

"exposed worker" means a person, either self-employed or

working under an employer, who is subject to exposure at work

carried out within a practice regulated by these regulations and who

is liable to receive doses exceeding any one of the dose limits for

public exposure;

"exposure" means the act of exposing or condition of being

exposed to ionising radiation emitted outside the body (external

exposure) or within the body (internal exposure);

"extremities" means the hands, forearms, feet and ankles;

"graded approach" means a structured method by which the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

stringency of control to be applied to a product or process is

commensurate with the risk;

"health detriment" means reduction in length and quality of life

occurring in a population following exposure, including those arising

from tissue reactions, cancer and severe genetic disorder;

"health screening" means a procedure using medical

radiological installations for early diagnosis in population groups at

risk;

"high-activity sealed source" means a sealed source for which

the activity of the contained radionuclide is equal to or exceeds the

relevant activity value laid down in the fourth column of the table of

the Second Schedule;

"individual detriment" means clinically observable deleterious

effects in individuals or their descendants, the appearance of which is

either immediate or delayed and, in the latter case, implies a

probability rather than a certainty of appearance;

"inspection" means an investigation by the Secretariat to verify

regulatory compliance;

"intake" means the total activity of a radionuclide entering the

body from the external environment;

"interventional radiology" means the use of X-ray imaging

techniques to facilitate the introduction and guidance of devices in the

body for diagnostic or treatment purposes;

"ionising radiation" means energy transferred in the form of

particles or electromagnetic waves of a wavelength of 100 nanometres

or less (a frequency of 3 × 10 15 hertz or more) capable of producing

ions directly or indirectly;

"licence" means permission granted in a document by the

Secretariat to carry out a practice in accordance with specific

conditions laid down in that document;

"medical exposure" means exposure incurred by patients or

asymptomatic individuals as part of their own medical or dental

diagnosis or treatment, and intended to benefit their health, as well as

exposure incurred by carers and comforters and by volunteers in

medical or biomedical research;

"medical physics expert" means an individual having the

knowledge, training and experience to act or give advice on matters

relating to radiation physics applied to medical exposure, whose

competence in this respect is recognised by the Commission;

"medical radiographer" shall have the meaning ascribed by

radiographer under the Health Care Professions Act;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

"medical radiological" means pertaining to radiodiagnostic

and radiotherapeutic procedures, and interventional radiology or

other medical uses of ionising radiation for planning, guiding and

verification purposes;

"medical radiological installation" means a facility where

medical radiological procedures are performed;

"medical radiological procedure" means any procedure giving

rise to medical exposure;

"members of the public" means individuals who may be

subject to public exposure;

"Minister" means the minister responsible for the Nuclear

Safety and Radiation Protection Act;

"National Radioactivity Monitoring Programme" means the

system by which the environment is monitored for ionising radiation

and the presence of radioactivity in environmental media, in

accordance with regulation 95, in order to assess the levels of

radiation and radioactivity in the environment to which the Maltese

population is exposed;.

"natural radiation source" means a source of ionising radiation

of natural, terrestrial or cosmic origin;

"non-medical imaging exposure" means any deliberate

exposure of humans for imaging purposes where the primary

intention of the exposure is not to bring a health benefit to the

individual being exposed;

"normal exposure" means exposure expected to occur under

the normal operating conditions of a facility or activity (including

maintenance, inspection, decommissioning), including minor

incidents that can be kept under control, i.e. during normal operation

and anticipated operational occurrences;

"notification" means the requirement of submitting a document

to the Secretariat to notify the intention to carry out a practice within

the scope of these regulations;

"occupational exposure" means exposure of workers,

apprentices and students, incurred in the course of their work;

"occupational health service" means a health professional or

body competent to perform medical surveillance of exposed workers

and whose capacity to act in that respect is recognised by the

Commission;

"orphan source" means a radioactive source which is neither

exempted nor under regulatory control, e.g. because it has never been

under regulatory control or because it has been abandoned, lost,

BASIC SAFETY STANDARDS FOR IONISING RADIATION

misplaced, stolen or otherwise transferred without proper

authorisation;

"outside worker" means any exposed worker who is not

employed by the undertaking responsible for the supervised and

controlled areas, but performs activities in those areas, including,

apprentices and students;

"planned exposure situation" means an exposure situation that

arises from the planned operation of a radiation source or from a

human activity which alters exposure pathways, so as to cause the

exposure or potential exposure of people or the environment. Planned

exposure situations may include both normal exposures and potential

exposures;

"potential exposure" means exposure that is not expected with

certainty but may result from an event or sequence of events of a

probabilistic nature, including equipment failures and operating errors;

"practical aspects of medical radiological procedures" means the

physical conduct of a medical exposure and any supporting aspects,

including handling and use of medical radiological equipment, the

assessment of technical and physical parameters (including radiation

doses), calibration and maintenance of equipment, preparation and

administration of radio-pharmaceuticals, and image processing;

"practice" means a human activity that can increase the

exposure of individuals to radiation from a radiation source and is

managed as a planned exposure situation;

"practitioner" means a medical doctor, dentist or other health

professional who is entitled to take clinical responsibility and is

approved by an undertaking in accordance with regulation 67;

"processing" means chemical or physical operations on

radioactive material including the mining, conversion, enrichment of

fissile or fertile nuclear material and the reprocessing of spent fuel;

"protective measures" means measures, other than remedial

measures, for the purpose of avoiding or reducing doses that might

otherwise be received in an emergency exposure situation or an

existing exposure situation;

"public exposure" means exposure of individuals, excluding any

occupational or medical exposure;

"quality assurance" means all those planned and systematic

actions necessary to provide adequate assurance that a structure,

system, component or procedure will perform satisfactorily in

compliance with agreed standards. Quality control is a part of quality

assurance;

"quality control" means the set of operations (programming,

BASIC SAFETY STANDARDS FOR IONISING RADIATION

coordinating, implementing) intended to maintain or to improve

quality. It includes monitoring, evaluation and maintenance at

required levels of all characteristics of performance of equipment that

can be defined, measured, and controlled;

"radiation generator" means a device capable of generating

ionising radiation, such as X-rays, neutrons, electrons or other

charged particles;

"radiation protection" means protection of people from the

harmful effects of exposure to ionising radiation, and the means for

achieving of this protection;

"radiation protection expert" means an individual having the

knowledge, training and experience needed to give radiation

protection advice in order to ensure the effective protection of

individuals, and whose competence in this respect is recognised by

the Commission;

"radiation protection officer" means a individual designated by

an undertaking, who is technically competent in radiation protection

matters relevant for a given type of practice to supervise or perform

the implementation of the radiation protection arrangements given in

an undertaking’s radiation protection programme;

"radiation protection programme" means the systemic

arrangements that are aimed at providing adequate consideration of

radiation protection;

"radiation source" means an entity that may cause exposure,

such as by emitting ionising radiation or by releasing radioactive

material;

"radioactive material"

means

material

incorporating

radioactive substances;

"radioactive source" means a radiation source incorporating

radioactive material for the purpose of utilising its radioactivity;

"radioactive substance" means any substance that contains one

or more radionuclides the activity or activity concentration of which

cannot be disregarded from a radiation protection point of view;

"radioactive waste" means radioactive material in gaseous,

liquid or solid form for which no further use is foreseen or material

that the Commission requires to be regulated as radioactive waste;

"radiodiagnostic" means pertaining to in-vivo diagnostic

nuclear medicine, medical diagnostic radiology using ionising

radiation, and dental radiology;

"radiotherapeutic" means pertaining to radiotherapy, including

nuclear medicine for therapeutic purposes;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

"radon" means the radionuclide Rn-222 and its progeny, as

appropriate;

"exposure to radon" means exposure to radon progeny;

"reference level" means in an emergency exposure situation or

in an existing exposure situation, the level of effective dose or

equivalent dose or activity concentration above which it is judged

inappropriate to allow exposures to occur as a result of that exposure

situation, even though it is not a limit that may not be exceeded;

"referrer" means a medical doctor, dentist or other health

professional who is authorised, in accordance with the undertakings

procedures, to refer individuals for medical radiological procedures to

a practitioner;

"registration" means permission granted in a document by the

Secretariat, through a simplified procedure, to carry out a practice in

accordance with conditions laid by the Commission for this type or

class of practice;

"regulatory control" means any form of control or regulation

applied to human activities for the enforcement of radiation protection

requirements;

"remedial measures" means the removal of a radiation source or

the reduction of its magnitude (in terms of activity or amount) or the

interruption of exposure pathways or the reduction of their impact for

the purposes of avoiding or reducing doses that might otherwise be

received in an existing exposure situation;

"representative person" means an individual receiving a dose

that is representative of the more highly exposed individuals in the

population, excluding those individuals having extreme or rare habits;

"safety assessment" means an assessment of all aspects of a

practice that are relevant to radiation protection; for an authorised

facility, this includes siting, design and operation of the facility in

accordance with regulation 101;

"safety culture" means the assembly of characteristics and

attitudes in organizations and individuals, which establishes that as an

overriding priority, protection and safety issues receive the attention

warranted by their significance.

Safety culture includes

(a)

individual and collective commitment to safety on

the part of the leadership, the management and personnel at all

levels;

(b)

accountability of organizations and of individuals

at all levels for safety;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(c)

measures to encourage a questioning and

learning attitude and to discourage complacency with regard to

safety;

"Secretariat" means the Secretariat of the Commission as

established by article 12 of the Act;

"security" means the prevention and detection of, and

response to, theft, sabotage, unauthorised access, illegal transfer or

other malicious acts involving nuclear or other radioactive material,

or their associated facilities;

"security culture" means characteristics and attitudes in

organisations and of individuals which establish that security issues

receive the attention warranted by their significance;

"sealed source" means a radioactive source in which the

radioactive material is permanently sealed in a capsule or

incorporated in a solid form with the objective of preventing, under

normal conditions of use, any dispersion of radioactive substances;

"sievert" (Sv) is the special name of the unit of equivalent or

effective dose. One sievert is equivalent to one joule per kilogram: 1

Sv =1 J kg -1 ;

"spacecraft" means a manned vehicle designed to operate at an

altitude of more than 100 km above sea level;

"storage" means the holding of radioactive material, including

spent fuel, a radioactive source or radioactive waste, in a facility with

the intention of retrieval;

"supervised area" means an area subject to supervision for the

purpose of protection against ionising radiation;

"source container" means an assembly of components intended

to guarantee the containment of a sealed source, where it is not an

integral part of the source but is meant for shielding the source during

its transport and handling;

"standard values and relationships" means values and

relationships recommended in chapters 4 and 5 of ICRP Publication

116 for the estimation of doses from external exposure and chapter 1

of ICRP Publication 119 for the estimation of doses from internal

exposure, including updates approved by the Commission. The

Commission may approve the use of specific methods in specified

cases relating to the physico-chemical properties of the radionuclide

or other features of the exposure situation or of the exposed

individual;

"thoron" means the radionuclide Rn-220 and its progeny, as

appropriate;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

"technical service provider" means service providers in safety,

providing either consultancy and maintenance services or calibration

and testing services;

"undertaking" means a natural or legal person who has legal

responsibility under national law for carrying out a practice, or for a

radiation source (including cases where the owner or holder of a

radiation source does not conduct related human activities);

"unintended exposure" means medical exposure that is

significantly different from the medical exposure intended for a given

purpose.

Part III

SYSTEM OF RADIATION PROTECTION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Amended by

L.N. 184 of 2020.

(Regulation 23)

LIST OF JUSTIFIABLE PRACTICES

INVOLVING IONIZING RADIATION

Pursuant to regulation 23 the following classes and types of practice resulting in

exposure to ionising radiation that are deemed justified.

This list may be updated by the Commission, the updated list will be made

publicly available by the Commission

1. Medical Exposures

(i)

Diagnosis

Use of ionising radiation in radiography, fluoroscopy, computed tomography, in-

vivo nuclear and in-vitro nuclear medicine.

(ii)

Therapy

Use of ionising radiation in interventional radiology, in-vivo nuclear medicines,

external beam radiotherapy, brachytherapy, radiography (for planning purposes)

fluoroscopy (for planning purposes), computed tomography.

(iii)

Health screening

Use of ionising radiation in radiography and nuclear medicine.

2. Non-medical imaging exposure of humans

(i)

Practices using medical radiological equipment

(a)

Radiological health assessment for employment purposes;

(b)

Radiological health assessment for immigration purposes;

(c)

Radiological health assessment for insurance purposes;

(d) Radiological evaluation of the physical development of children and

adolescents with a view to a career in sports, dancing, etc.;

(e)

Radiological age assessment;

(f)

Use of ionising radiation for the identification of concealed objects within

the human body.

(ii)

Practices not using medical radiological equipment

(a) Use of ionising radiation for detection of concealed humans as part of

cargo screening;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(b)

Practices involving the use of ionising radiation for legal or security

purposes.

(c) Use of ionising radiation for detection of concealed objects on or attached to

the human body.

3. Industrial

(i)

Production of radioactive products

Manufacture of radioisotopes using accelerators

(ii)

Non-destructive testing

Use of radioactive sources, substances and radiation generators for radiography

(iii)

Substance measurement and process control

Use of sealed sources and x-ray generators for thickness gauging, density gauging,

moisture Gauging, level gauging, flow measurement, borehole and well logging, control

of pipeline crawlers

(iv)

Detection and analysis

(a)

Use of sealed sources and x-ray generators for analysis

(b)

Use of beta sources for gas chromatography detectors

(v)

Elimination of static electricity

Use of radioactive sources to eliminate static electricity

(vi)

Illumination

(a) Use and repair of gaseous tritium light sources for illumination, in safety

signs and equipment, sighting and location markers, watches and instruments.

(b) Use of radioluminous paint (tritium and promethium -1 47) for the luminising

of timepieces and the repair of radioluminised timepieces.

(vii) Security screening

Use of x-rays, gamma rays to examine packages, baggage, containers or vehicles.

4. Other Practices

(i)

Equipment producing ionising radiation incidentally

Use of electron beam welders, electron microscopes, radar, thermionic valves,

cathode ray tubes, ion implantation machines and high voltage switchgear.

(ii)

Radioactive tracers

Use of radioactive tracers for medical or biological techniques.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(iii)

Medical and biomedical research

Use of ionising radiation in radiography, fluoroscopy, interventional

radiography, computed tomography, in-vivo nuclear medicine, invitro nuclear

medicine, teletherapy, brachytherapy and neutron analysis

(iv)

Diagnosis – veterinary

Use of ionising radiation in radiography

(v)

Transport of radioactive material

(vi)

Safety devices

(vi)

Import or export of equipment that can produce ionising radiation

Use of ionising radiation in smoke and fire detectors and other safety instruments

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The regulatory control regime is based on the

principles of justification, optimisation and dose limitation as follows

(a)

Justification: Decisions introducing a practice

shall be justified in the sense that such decisions shall be taken

with the intent to ensure that the individual or societal benefit

resulting from the practice outweighs the health detriment that it

may cause. Decisions introducing or altering an exposure

pathway for existing and emergency exposure situations shall be

justified in the sense that they should do more good than harm.

(b)

Optimisation: Radiation protection of individuals

subject to public or occupational exposure shall be optimised

with the aim of keeping the magnitude of individual doses, the

likelihood of exposure and the number of individuals exposed as

low as reasonably achievable taking into account the current

state of technical knowledge and economic and societal factors.

The optimisation of the protection of individuals subject to

medical exposure shall apply to the magnitude of individual

doses and be consistent with the medical purpose of the

exposure, as described in regulation 66. This principle shall be

applied not only in terms of effective dose but also, where

appropriate, in terms of equivalent doses, as a precautionary

measure to allow for uncertainties as to health detriment below

the threshold for tissue reactions.

(c)

Dose limitation: In planned exposure situations,

the sum of doses to an individual shall not exceed the dose

limits laid down for occupational exposure or public exposure.

Dose limits shall not apply to medical exposures.

(2) The regulatory control regime shall make use of the

graded approach.

(3)

The prime responsibility for the safety and security of

BASIC SAFETY STANDARDS FOR IONISING RADIATION

ionising radiation sources rests with the undertaking

Provided that the prime responsibility for safety and

security rests with the licence holder. That responsibility cannot be

delegated and includes responsibility for the activities of contractors

and sub-contractors whose activities might affect safety and security.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 33)

LIST OF INDUSTRIAL SECTORS INVOLVING NATURALLY-OCCURRING

RADIOACTIVE MATERIAL

Extraction of rare earths from monazite

Production of thorium compounds and manufacture of thorium-containing products

Processing of niobium/tantalum ore

Oil and gas production

Geothermal energy production

TiO 2 pigment production

Thermal phosphorus production

Zircon and zirconium industry

Production of phosphate fertilisers

Cement production, maintenance of clinker ovens

Coal-fired power plants, maintenance of boilers

Phosphoric acid production

Primary iron production

Tin/lead/copper smelting

Ground water filtration facilities

Mining of ores other than uranium ore

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Dose constraints for the purpose of prospective

optimisation of protection shall be

(1) (a)

for occupational exposure, the dose constraint

shall be established as an operational tool for optimisation by the

undertaking and shall be one third of any dose limits specified in

regulations 9,10 and 11. In the case of outside workers the dose

constraint shall be established in cooperation between the employer

of the outside worker and the undertaking;

(b)

for public exposure, the dose constraint shall be

0.25mSv per year for the individual dose that members of the

public receive from the planned operation of a specified

radiation source;

(c)

for medical exposure, dose constraints shall apply

only with regard to the protection of carers and comforters,

which shall be 1.5mSv per five years pursuant to regulation

66(6a) and volunteers participating in medical or biomedical

research pursuant to regulation 66(4c).

(2) In the event that any dose constraint is exceeded the

undertaking is to immediately inform the Commission and then

produce a report detailing the event and doses received.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 35 and 39)

EXEMPTION AND CLEARANCE CRITERIA

1. Exemption

Practices may be exempted from notification either directly, on the basis of

compliance with exemption levels (activity values (in Bq) or activity concentration

values (in kBq kg -1 )) laid down in section 2, or on the basis of higher values that, for

specific applications, are established by the Commission, satisfying the general

exemption and clearance criteria set out in section 3. Practices subject to notification

may be exempted from authorisation by law or general administrative act, or through an

ad-hoc regulatory decision, on the basis of the information provided in conjunction

with the notification of the practice and in line with general exemption criteria set out in

section 3.

2. Exemption and clearance levels

(a) The total activity values (in Bq) for exemption apply to the total activity

involved in a practice and are laid down in column 3 of Table B for artificial

radionuclides and for some naturally-occurring radionuclides used in consumer

products. For other practices involving naturally-occurring radionuclides, such values

are, in general, not applicable

(b) The exempt activity concentration values (in kBq kg -1 ) for the materials

involved in the practice are laid down in Table A, Part 1, for artificial radionuclides,

and in Table A, Part 2, for naturally-occurring radionuclides. The values in Table A,

Part 1, are given for individual radionuclides, where applicable, including short-lived

radionuclides in equilibrium with the parent nuclide, as indicated. The values in Table

A, Part 2, apply to all radionuclides in the decay chain of U-238 or Th-232, but for

segments of the decay chain, which are not in equilibrium with the parent radionuclide,

higher values may be applied

(c) The concentration values in Table A, Part 1, or in Table A, Part 2, also

apply to the clearance of solid materials for reuse, recycling, conventional disposal or

incineration. Higher values may be defined for specific materials or specific pathways,

taking Community guidance into account, including, where appropriate, additional

requirements, in terms of surface activity or monitoring requirements

(d) For mixtures of artificial radionuclides, the weighted sum of nuclide-

specific activities or concentrations (for various radionuclides contained in the same

matrix) divided by the corresponding exemption value shall be less than unity. Where

appropriate, this condition can be verified on the basis of best estimates of the

composition of the radionuclide mix. The values in Table A, Part 2, apply individually

BASIC SAFETY STANDARDS FOR IONISING RADIATION

to each parent nuclide. Some elements in the decay chain, e.g. Po-210 or Pb-210, may

warrant the use of higher values taking Community guidance into account.

(e) The values in Table A, Part 2, may not be used to exempt the incorporation

into building materials of residues from industries processing naturally-occurring

radioactive material. For this purpose, compliance with the provisions of regulation 98

shall be verified. The values laid down in Table B, column 3, apply to the total inventory

of radioactive substances held by a person or undertaking as part of a specific practice at

any point in time. However, the Commission may apply these values to smaller entities

or packages, for instance to exempt the transport or storage of exempted consumer

products, if the general exemption criteria in section 3 are satisfied.

(3)

General exemption and clearance criteria

(a) The general criteria for the exemption of practices from notification or

authorisation or for the clearance of materials from authorised practices are as follows

(i)

the radiological risks to individuals caused by the practice are sufficiently

low, as to be of no regulatory concern; and

(ii)

the type of practice has been determined to be justified; and

(iii)

the practice is inherently safe

(b) Practices involving small amounts of radioactive substances or low activity

concentrations, comparable to the exemption values laid down in Table A or Table B are

deemed to fulfil criterion (iii).

(c) Practices involving amounts of radioactive substances or activity

concentrations below the exemption values laid down in Table A, Part 1, or Table B, are

deemed to comply with criterion (i) without further consideration. This is also the case

for the values in Table A, Part 2, with the exception of the recycling of residues in

building materials or the case of specific exposure pathways, for instance, drinking water

(d) In the case of moderate amounts of material, as specified by Commission

for specific types of practice, the activity concentration values laid down in Table B,

column 2, may be used instead of the values laid down in Table A, Part 1, for the purpose

of exemption from authorisation.

(e) For the purpose of exemption from notification or for the purpose of

clearance, where amounts of radioactive substances or activity concentrations do not

comply with the values laid down in Table A or Table B, an assessment shall be made in

the light of the general criteria (i) to (iii) above. For compliance with the general

criterion (i), it shall be demonstrated that workers should not be classified as exposed

workers, and the following criteria for the exposure of members of the public are met in

all feasible circumstances

-

For artificial radionuclides

The effective dose expected to be incurred by a member of the public due to the

exempted practice is of the order of 10 μSv or less in a year.

-

For naturally-occurring radionuclides

BASIC SAFETY STANDARDS FOR IONISING RADIATION

The dose increment, allowing for the prevailing background radiation from

natural radiation sources, liable to be incurred by an individual due to the exempted

practice is of the order of 1 mSv or less in a year. The assessment of doses to members

of the public shall take into account not only pathways of exposure through airborne or

liquid effluent, but also pathways resulting from the disposal or recycling of solid

residues. The Commission may specify dose criteria lower than 1 mSv per year for

specific types of practices or specific pathways of exposure.

For the purpose of exemption from authorisation, less restrictive dose criteria

may be applied.

TABLE A

Activity concentration values for exemption or clearance of materials

which can be applied by default to any amount and to any type of solid material

TABLE A

PART 1

Artificial radionuclides

Activity

Activity

Activity

concentration

concentration

concentration

Radionuclide

Radionuclide

Radionuclide

(kBq kg -1 )

(kBq kg -1 )

(kBq kg -1 )

H-3

Co-55

a

Sr-91 ( )

Be-7

Co-56

0.1

Sr-92

C-14

Co-57

Y-90

1 000

F-18

Co-58

Y-91

Na-22

0.1

Co-58m

10 000

Y-91m

Na-24

Co-60

0.1

Y-92

Si-31

1 000

Co-60m

1 000

Y-93

P-32

1 000

Co-61

Zr-93

P-33

1 000

Co-62m

Zr-95 ( a )

S-35

Ni-59

a

Zr-97 ( )

Cl-36

Ni-63

Nb-93m

Cl-38

Ni-65

Nb-94

0.1

K-42

Cu-64

Nb-95

K-43

Zn-65

0.1

Nb-97 ( a )

Ca-45

Zn-69

1 000

Nb-98

Ca-47

Zn-69m ( a )

Mo-90

Sc-46

0.1

Ga-72

Mo-93

Sc-47

Ge-71

10 000

a

Mo-99 ( )

Sc-48

As-73

1 000

Mo-101 ( a

)

V-48

As-74

Tc-96

Cr-51

As-76

Tc-96m

1 000

Mn-51

As-77

1 000

Tc-97

Mn-52

Se-75

Tc-97m

Mn-52m

Br-82

Tc-99

Mn-53

Rb-86

Tc-99m

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Activity

Activity

Activity

concentration

concentration

concentration

Radionuclide

Radionuclide

Radionuclide

(kBq kg -1 )

(kBq kg -1 )

(kBq kg -1 )

Mn-54

0.1

Sr-85

Ru-97

Mn-56

Sr-85m

Ru-103 ( a )

a )

Sr-87m

Ru-105 ( a )

Fe-52 (

0.1

Fe-55

1 000

Sr-89

1 000

Ru-106 ( a )

Fe-59

Sr-90 ( a )

Rh-103m

10 000

Rh-105

I-123

Pm-147

1 000

1 000

I-125

Pm-149

1 000

a )

Pd-103 (

I-126

Sm-151

1 000

Pd-109 ( a )

Ag-105

I-129

0.01

Sm-153

0.1

I-130

Eu-152

0 1

Ag-110m ( a )

Ag-111

I-131

Eu-152m

Cd-109 ( a )

I-132

Eu-154

0 1

a

I-133

Eu-155

Cd-115 ( )

Cd-115m ( a )

I-134

Gd-153

In-111

I-135

Gd-159

In-113m

Cs-129

Tb-160

In-114m ( a )

Cs-131

1 000

Dy-165

1 000

In-115m

Cs-132

Dy-166

Sn-113 ( a )

Cs-134

0,1

Ho-166

Sn-125

Cs-134m

1 000

Er-169

1 000

Sb-122

Cs-135

Er-171

Sb-124

Cs-136

Tm-170

Sb-125 ( a )

0.1

Cs-137 ( a )

0.1

Tm-171

1 000

Te-123m

Cs-138

Yb-175

Te-125m

1 000

Ba-131

Lu-177

Te-127

1 000

Ba-140

Hf-181

La-140

Ta-182

0 1

Te-127m ( a )

Te-129

Ce-139

W-181

Te-129m ( a

Ce-141

W-185

1 000

)

Te-131

Ce-143

W-187

Ce-144

Re-186

1 000

a

Te-131m ( )

a

Pr-142

Re-188

Te-132 ( )

Te-133

Pr-143

1 000

Os-185

Te-133m

Nd-147

Os-191

Te-134

Nd-149

Os-191m

1 000

Os-193

U-230

Cm-246

0.1

Ir-190

0.1

U-231 ( a )

Cm-247 ( a )

Ir-192

U-232 ( a )

0.1

Cm-248

0.1

Ir-194

U-233

Bk-249

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Activity

Activity

Activity

concentration

concentration

concentration

Radionuclide

Radionuclide

Radionuclide

(kBq kg -1 )

(kBq kg -1 )

(kBq kg -1 )

Pt-191

U-236

Cf-246

1 000

Pt-193m

1 000

U-237

Cf-248

Pt-197

1 000

U-239

Cf-249

0.1

Pt-197m

Cf-250

U-240 ( a )

Au-198

Cf-251

0.1

Np-237 ( a )

Au-199

Np-239

Cf-252

Hg-197

Np-240

Cf-253

Hg-197m

Pu-234

Cf-254

Hg-203

Pu-235

Es-253

Tl-200

Pu-236

Es-254 ( a )

0.1

Tl-201

Pu-237

Es-254m ( a )

Tl-202

Pu-238

0.1

Fm-254

10 000

Tl-204

Pu-239

0.1

Fm-255

Pb-203

Pu-240

0.1

Bi-206

Pu-241

Bi-207

0.1

Pu-242

0,1

Po-203

Pu-243

1 000

Po-205

Pu-244 ( a )

0.1

Po-207

Am-241

0.1

At-211

1 000

Am-242

1 000

Ra-225

0.1

Am-242 ( a )

Ra-227

Am-243 ( a )

0.1

Th-226

1 000

Cm-242

Th-229

0.1

Cm-243

Pa-230

Cm-244

Pa-233

Cm-245

0.1

( a ) Parent radionuclides, and their progeny whose dose contributions are taken into account

in the dose calculation (thus requiring only the exemption level of the parent radionuclide

to be considered), are listed in the following table.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Parent

Parent

Parent

Progeny

Progeny

Progeny

Radionuclide

Radionuclide

Radionuclide

Fe-52

Mn-52m

Pd-103

Rh-103m

Te132

I-132

Zn-69m

Zn-69

Pd-109

Ag-109m

Cs-137

Ba-137m

Sr-90

Y-90

Ag-110m

Ag-110

Ce-144

Pr-144, Pr-144m

Pr-144m

Sr-91

Y-91m

Cd-109

Ag-109m

U-232

Th-228, Ra-224,

Rn-220, Po-216,

Pb-212, Bi-212,

Tl-208

Zr-95

Nb-95

Cd-115

In-115m

U-240

Np-240m,

Np-240

Zr-97

Nb-97m,

Cd-115m

In-115m

Np237

Pa-233

Nb-97

Nb-97

Nb-97m

In-114m

In-114

Pu-244

U-240, Np-

240m,

Np-240

Mo-99

Tc-99m

Sn-113

In-113m

Am-242m

Np-238

Mo-101

Tc-101

Sb-125

Te-125m

Am-243

Np-239

Ru-103

Rh-103m

Te-127m

Te-127

Cm-247

Pu-243

Ru-105

Rh-105m

Te-129m

Te-129

Es-254

Bk-250

Ru-106

Rh-106

Te-131m

Te-131

Es-254m

Fm-254

For radionuclides not listed in Table A, Part 1 the Commission shall assign

appropriate values for the quantities and concentrations of activity per unit mass

where the need arises. Values thus assigned shall be complementary to those in

Table A, Part 1

TABLE A PART 2

Naturally occurring radionuclides

Values for exemption or clearance for naturally occurring radionuclides in solid materials

in secular equilibrium with their progeny

Natural radionuclides from the U-238 series

1 kBq kg -1

Natural radionuclides from the Th-232 series

1 kBq kg -1

K-40

10 kBq kg -1

BASIC SAFETY STANDARDS FOR IONISING RADIATION

TABLE B

Total activity values for exemption (column 3) and exemption values for the activity

concentration in moderate amounts of any type of material (column 2)

Activity

Activity

Activity

Activity

concentration

concentration

Radionuclide

Radionuclide

(Bq)

(Bq)

-1

-1

(kBq kg )

(kBq kg )

H-3

1x10 6

1x10 9

Mn-56

1x10 1

1x10 5

Be-7

1x10 3

1x10 7

Fe-52

1x10 1

1x10 6

C-14

1x10 4

1x10 7

Fe-55

1x10 4

1x10 6

O-15

1x10 2

1x10 9

Fe-59

1x10 1

1x10 6

1x10 1

1x10 6

1x10 1

1x10 6

F-18

Co-55

Na-22

1x10 1

1x10 6

Co-56

1x10 1

1x10 5

Na-24

1x10 1

1x10 5

Co-57

1x10 2

1x10 6

Si-31

1x10 3

1x10 6

Co-58

1x10 1

1x10 6

P-32

1x10 3

1x10 5

Co-58m

1x10 4

1x10 7

P-33

Co-60

1x10 5

1x10 8

1x10 1

1x10 5

S-35

1x10 5

1x10 8

Co-60m

1x10 3

1x10 6

1x10 4

1x10 6

1x10 2

1x10 6

Cl-36

Co-61

Cl-38

1x10 1

1x10 5

Co-62m

1x10 1

1x10 5

Ar-37

Ni-59

1x10 6

1x10 8

1x10 4

1x10 8

Ar-41

1x10 2

1x10 9

Ni-63

1x10 5

1x10 8

K-40 ( 1 )

1x10 2

1x10 6

Ni-65

1x10 1

1x10 6

K-42

1x10 2

1x10 6

Cu-64

1x10 2

1x10 6

K-43

1x10 1

1x10 6

Zn-65

1x10 1

1x10 6

1x10 4

1x10 7

1x10 4

1x10 6

Ca-45

Zn-69

Ca-47

1x10 1

1x10 6

Zn-69m

1x10 2

1x10 6

Sc-46

1x10 1

1x10 6

Ga-72

1x10 1

1x10 5

Sc-47

1x10 2

1x10 6

Ge-71

1x10 4

1x10 8

Sc-48

1x10 1

1x10 5

As-73

1x10 3

1x10 7

V-48

1x10 1

1x10 5

As-74

1x10 1

1x10 6

1x10 3

1x10 7

1x10 2

1x10 5

Cr-51

As-76

Mn-51

1x10 1

1x10 5

As-77

1x10 3

1x10 6

Mn-52

1x10 1

1x10 5

Se-75

1x10 2

1x10 6

Mn-52m

1x10 1

1x10 5

Br-82

1x10 1

1x10 6

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Activity

Activity

Activity

Activity

concentration

concentration

Radionuclide

Radionuclide

(Bq)

(Bq)

-1

-1

(kBq kg )

(kBq kg )

Mn-53

Kr-74

1x10 2

1x10 9

1x10

1x10

Mn-54

1x10 1

1x10 6

Kr-76

1x10 2

1x10 9

Kr-77

1x10 2

1x10 9

Mo-93

1x10 3

1x10 8

Kr-79

1x10 3

1x10 5

Mo-99

1x10 2

1x10 6

Kr-81

1x10 4

1x10 7

Mo-101

1x10 1

1x10 6

1x10 5

1x10 12

1x10 1

1x10 6

Kr-83m

Tc-96

Kr-85

1x10 5

1x10 4

Tc-96m

1x10 3

1x10 7

Kr-85m

1x10 3

1x10 10

Tc-97

1x10 3

1x10 8

Kr-87

1x10 2

1x10 9

Tc-97m

1x10 3

1x10 7

Kr-88

Tc-99

1x10 2

1x10 9

1x10 4

1x10 7

Rb-86

1x10 2

1x10 5

Tc-99m

1x10 2

1x10 7

1x10 2

1x10 6

1x10 2

1x10 7

Sr-85

Ru-97

Sr-85m

1x10 2

1x10 7

Ru-103

1x10 2

1x10 6

Sr-87m

Ru-105

1x10 2

1x10 6

1x10 1

1x10 6

Sr-89

1x10 3

1x10 6

Ru-106( b )

1x10 2

1x10 5

Sr-90 ( b )

1x10 2

1x10 4

Rh-103m

1x10 4

1x10 8

Sr-91

1x10 1

1x10 5

Rh-105

1x10 2

1x10 7

Sr-92

1x10 1

1x10 6

Pd-103

1x10 3

1x10 8

1x10 3

1x10 5

1x10 3

1x10 6

Y-90

Pd-109

Y-91

1x10 3

1x10 6

Ag-105

1x10 2

1x10 6

Y-91m

1x10 2

1x10 6

Ag-108m

1x10 1

1x10 6

Y-92

1x10 2

1x10 5

Ag-110m

1x10 1

1x10 6

Y-93

1x10 2

1x10 5

Ag-111

1x10 3

1x10 6

Zr-93( b )

1x10 3

1x10 7

Cd-109

1x10 4

1x10 6

1x10 1

1x10 6

1x10 2

1x10 6

Zr-95

Cd-115

Zr-97( b )

1x10 1

1x10 5

Cd-115m

1x10 3

1x10 6

Nb-93m

1x10 4

1x10 7

In-111

1x10 2

1x10 6

Nb-94

1x10 1

1x10 6

In-113m

1x10 2

1x10 6

Nb-95

1x10 1

1x10 6

In-114m

1x10 2

1x10 6

Nb-97

In-115m

1x10 1

1x10 6

1x10 2

1x10 6

Nb-98

1x10 1

1x10 5

Sn-113

1x10 3

1x10 7

1x10 1

1x10 6

1x10 2

1x10 5

Mo-90

Sn-125

Sb-122

1x10 2

1x10 4

Cs-132

1x10 1

1x10 5

Sb-124

Cs-134m

1x10 1

1x10 6

1x10 3

1x10 5

Sb-125

1x10 2

1x10 6

Cs-134

1x10 1

1x10 4

Te-123m

1x10 2

1x10 7

Cs-135

1x10 4

1x10 7

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Activity

Activity

Activity

Activity

concentration

concentration

Radionuclide

Radionuclide

(Bq)

(Bq)

-1

-1

(kBq kg )

(kBq kg )

Te-125m

Cs-136

1x10 1

1x10 5

1x10

1x10

Te-127

1x10 3

1x10 6

Cs-137( b )

1x10 1

1x10 4

Te-127m

1x10 3

1x10 7

Cs-138

1x10 1

1x10 4

Te-129

1x10 2

1x10 6

Ba-131

1x10 2

1x10 6

Te-129m

1x10 3

1x10 6

Ba-140( b )

1x10 1

1x10 5

1x10 2

1x10 5

1x10 1

1x10 5

Te-131

La-140

Te-131m

1x10 1

1x10 6

Ce-139

1x10 2

1x10 6

Te-132

1x10 2

1x10 7

Ce-141

1x10 2

1x10 7

Te-133

1x10 1

1x10 5

Ce-143

1x10 2

1x10 6

Te-133m

1x10 1

1x10 5

Ce-144( b )

1x10 2

1x10 5

Te-134

1x10 1

1x10 6

Pr-142

1x10 2

1x10 5

1x10 2

1x10 7

1x10 4

1x10 6

I-123

Pr-143

I-125

1x10 3

1x10 6

Nd-147

1x10 2

1x10 6

I-126

Nd-149

1x10 2

1x10 6

1x10 2

1x10 6

I-129

1x10 2

1x10 5

Pm-147

1x10 4

1x10 7

I-130

1x10 1

1x10 6

Pm-149

1x10 3

1x10 6

I-131

1x10 2

1x10 6

Sm-151

1x10 4

1x10 8

I-132

1x10 1

1x10 5

Sm-153

1x10 2

1x10 6

1x10 1

1x10 6

1x10 1

1x10 6

I-133

Eu-152

I-134

1x10 1

1x10 5

Eu-152m

1x10 2

1x10 6

I-135

1x10 1

1x10 6

Eu-154

1x10 1

1x10 6

Xe-131m

1x10 4

1x10 4

Eu-155

1x10 2

1x10 7

Xe-133

1x10 3

1x10 4

Gd-153

1x10 2

1x10 7

Xe-135

1x10 3

1x10 10

Gd-159

1x10 3

1x10 6

1x10 2

1x10 5

1x10 1

1x10 6

Cs-129

Tb-160

Cs-131

1x10 3

1x10 6

Dy-165

1x10 3

1x10 6

Dy-166

1x10 3

1x10 6

Hg-203

1x10 2

1x10 5

Ho-166

1x10 3

1x10 5

Tl-200

1x10 1

1x10 6

Er-169

1x10 4

1x10 7

Tl-201

1x10 2

1x10 6

Er-171

Tl-202

1x10 2

1x10 6

1x10 2

1x10 6

Tm-170

1x10 3

1x10 6

Tl-204

1x10 4

1x10 4

1x10 4

1x10 8

1x10 2

1x10 6

Tm-171

Pb-203

Yb-175

1x10 3

1x10 7

Pb-210( b )

1x10 1

1x10 4

Lu-177

1x10 3

1x10 7

Pb-212( b )

1x10 1

1x10 5

Hf-181

1x10 1

1x10 6

Bi-206

1x10 1

1x10 5

Ta-182

1x10 1

1x10 4

Bi-207

1x10 1

1x10 6

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Activity

Activity

Activity

Activity

concentration

concentration

Radionuclide

Radionuclide

(Bq)

(Bq)

-1

-1

(kBq kg )

(kBq kg )

W-181

Bi-210

1x10 3

1x10 6

1x10

1x10

W-185

1x10 4

1x10 7

Bi-212( b )

1x10 1

1x10 5

W-187

1x10 2

1x10 6

Po-203

1x10 1

1x10 6

Re-186

1x10 3

1x10 6

Po-205

1x10 1

1x10 6

Re-188

1x10 2

1x10 5

Po-207

1x10 1

1x10 6

1x10 1

1x10 6

1x10 1

1x10 4

Os-185

Po-210

Os-191

1x10 2

1x10 7

At-211

1x10 3

1x10 7

Os-191m

1x10 3

1x10 7

Rn-220( b )

1x10 4

1x10 7

Os-193

1x10 2

1x10 6

Rn-222( b )

1x10 1

1x10 8

Ir-190

1x10 1

1x10 6

Ra-223( b )

1x10 2

1x10 5

Ir-192

1x10 1

1x10 4

Ra-224( b )

1x10 1

1x10 5

1x10 2

1x10 5

1x10 2

1x10 5

Ir-194

Ra-225

Pt-191

1x10 2

1x10 6

Ra-226( b )

1x10 1

1x10 4

Pt-193m

Ra-227

1x10 3

1x10 7

1x10 2

1x10 6

Pt-197

1x10 3

1x10 6

Ra-228( b )

1x10 1

1x10 5

Pt-197m

1x10 2

1x10 6

Ac-228

1x10 1

1x10 6

Au-198

1x10 2

1x10 6

Th-226( b )

1x10 3

1x10 7

Au-199

1x10 2

1x10 6

Th-227

1x10 1

1x10 4

1x10 2

1x10 7

Th-228( b )

1x10 0

1x10 4

Hg-197

Hg-197m

1x10 2

1x10 6

Th-229( b )

1x10 0

1x10 3

(b) http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/

?uri=OJ:L:2014:013:FULL&from=EN - ntr3-L_2014013EN.01004501-E0003

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Without prejudice to reference levels set for

equivalent doses, that may be specified by the Commission, the

reference levels for any persons expressed in effective doses shall be

1mSv per year for existing exposure situations and 20mSv (acute or

annual) for emergency exposure situations.

Provided that optimization of protection shall give

priority to exposures above these reference levels and shall continue

to be implemented below the reference level.

Provided that in specific situations the Commission may

lower the reference levels taking into account optimisation and shall

give due consideration to

(a)

a reference level below 20mSv may be set in an

emergency exposure situation where appropriate protection

can be provided without causing a disproportionate detriment

from the corresponding countermeasures or an excessive cost;

(b)

a reference level below 1mSv per year may be

set, where appropriate, in an existing exposure situation for

BASIC SAFETY STANDARDS FOR IONISING RADIATION

specific source-related exposures or pathways of exposure

(2) For the transition from an emergency exposure situation

to an existing exposure situation, appropriate reference levels shall be

set, in particular upon the termination of long-term countermeasures.

(3) The reference levels set shall take account of the features

of prevailing situations as well as societal criteria, which may include

the following

(a)

for exposures below or equal to 1mSv per year,

general information on the level of exposure, without specific

consideration of individual exposures;

(b)

in the range up to or equal to 20mSv per year,

specific information to enable individuals to manage their own

exposure, if possible

(c)

in the range up to or equal to 100 mSv per year,

assessment of individual doses and specific information on

radiation risks and on available actions to reduce exposures.

(4) For existing exposure situations involving exposure to

radon, the reference levels shall be set in terms of radon activity

concentration in air of 300 Bqm -3 for members of the public and

workers.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 98)

DEFINITION AND USE OF THE ACTIVITY CONCENTRATION INDEX FOR THE

GAMMA RADIATION EMITTED BY BUILDING MATERIALS

For the purposes of regulation 98(2),for identified types of building materials,

the activity concentrations of primordial radionuclides Ra-226, Th-232 (or its decay

product Ra-228) and K-40 shall be determined.

The activity concentration index I is given by the following formula

I = C Ra226 /300 Bq/kg + C Th232 /200 Bq/kg + C K40 /3000 Bq/kg

where C Ra226 , C Th232 and C K40 are the activity concentrations in Bq/kg of the

corresponding radionuclides in the building material.

The index relates to the gamma radiation dose, in excess of typical outdoor

exposure, in a building constructed from a specified building material. The index

applies to the building material, not to its constituents except when those constituents

are building materials themselves and are separately assessed as such. For application

of the index to such constituents, in particular residues from industries processing

naturally-occurring radioactive material recycled into building materials, an

appropriate partitioning factor needs to be applied. The activity concentration index

value of 1 can be used as a conservative screening tool for identifying materials that

may cause the reference level laid down in regulation 98(1) to be exceeded. The

calculation of dose needs to take into account other factors such as density, thickness of

the material as well as factors relating to the type of building and the intended use of the

material (bulk or superficial).

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Persons under 18 years of age may not be assigned to

any work which would result in them as being classed as an exposed

worker subject to regulation 11(2).

(2) No person under 16 years of age shall be allowed to be

subject to any form of occupational exposure.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 38)

LIST OF INFORMATION FOR LICENCE APPLICATIONS

(a)

Responsibilities and organisational arrangements for protection and safety

(b)

Staff competences, including information and training

(c)

Design features of the facility and of radiation sources

(d)

Anticipated occupational and public exposures in normal operation

(e)

Safety assessment of the activities and the facility.

(f)

Emergency procedures.

(g) Maintenance, testing, inspection and servicing so as to ensure that the

radiation source and the facility continue to meet the design requirements, operational

limits and conditions of operation throughout their lifetime.

(h) Management of radioactive waste and arrangements for the disposal of such

waste, in accordance with applicable regulatory requirements

(i)

Management of disused sources.

(j)

Quality assurance programmes.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The dose limits for occupational exposure apply to

the sum of annual occupational exposures of a worker from all

authorised practices, occupational exposure to radon in workplaces

requiring notification in accordance with regulation 64(3), and other

occupational exposure from existing exposure situations in accordance

with regulation 124(3). For emergency occupational exposure

regulation 63 shall apply.

(2) The limit on effective dose for occupational exposure

shall be 20mSv in any single year. In special circumstances or for

certain exposure situations where the Secretariat is satisfied that a dose

in excess of the annual limit is appropriate, the Secretariat may

authorise a higher effective dose of up to 50mSv in a single year,

provided that the average annual dose over any five (5) consecutive

years, including the years for which the limit has been exceeded, does

not exceed 20mSv.

(3) In addition to the limits on effective dose laid down in

sub-regulation (2), the following limits on equivalent dose shall apply

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(a)

the limit on the equivalent dose for the lens of

the eye shall be 20mSv in a single year or 100mSv in any five

consecutive years subject to a maximum dose of 50mSv in a

single year;

(b)

the limit on the equivalent dose for the skin shall

be 500mSv in a year, this limit shall apply to the dose averaged

over any area of 1 cm 2 , regardless of the area exposed;

(c)

the limit on the equivalent dose for the

extremities shall be 500mSv in a year.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 52)

DATA SYSTEM FOR INDIVIDUAL RADIOLOGICAL MONITORING

(1)

Individual monitoring data to be kept by the undertaking/employer of

outside worker for exposed workers

(a)

Surname

(b)

First Name

(c)

Maltese ID number or other overseas unique personal ID

(d)

Sex

(e)

Date of Birth

(f)

Nationality

(g)

Categorisation of the worker in accordance with regulation 49

(h)

Particulars of any Medical surveillance required under the regulations

(i)

Results of individual monitoring of the exposed worker pursuant to regulations

50, 51, 61, 62, 63 and, if decided by the Commission pursuant to regulations

44(2), 64(3)

(j)

The starting date of individual monitoring and where available the end date

(k)

Data on the undertaking, including the name, address, Commission reference

number for undertaking.

(2)

Data to be sent in the form of an annual return to the Secretariat.

The Secretariat will specify the format in which the data is to be sent.

(a)

Name of the undertaking/employer of the outside worker

(b)

Report year

(c)

Dosimetry service provider and any local agents for dosimetry service provider

(d)

Surname

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(e)

First Name

(f)

Maltese ID number or other overseas unique personal ID

(g)

Categorisation of the worker in accordance with regulation 49

(h)

Results of individual monitoring of the exposed worker

(3)

Data on outside workers to be supplied to an undertaking.

(a)

Name of the employer of the outside worker

(b)

Name of the undertaking owning the controlled area

(c)

Start date of work in the undertaking’s controlled area

(d)

End date of work in the undertaking’s controlled area

(e)

Surname

(f)

First Name

(g)

Maltese ID number or other overseas unique personal ID

(h)

Nationality

(i)

Categorisation of the worker in accordance with regulation 49

(j)

Particulars of any Medical surveillance required under the regulations and if the

worker is classed fit, fit subject to conditions or unfit.

(k)

Any restrictions of working with ionizing radiation and if so specify them

(l)

Date of last periodic health review and the period of the validity of result

(m)

Results of individual monitoring of the exposed worker over the preceding 5 year

period.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

As soon as a pregnant worker informs the

undertaking or, in the case of an outside worker, the employer of the

outside worker, of the pregnancy, in accordance with regulation 3 of

Protection of Maternity at Work Places Regulations, the undertaking,

and the employer of the outside worker, shall ensure that the

employment conditions for the pregnant worker are such that the

protection of the unborn child is comparable with that provided for

members of the public and the equivalent dose to the unborn child is

as low as reasonably achievable and unlikely to exceed 1mSv during

at least the remainder of the pregnancy.

(2) As soon as workers inform the undertaking, or in case of

outside workers, the employer of the outside worker, that they are

breastfeeding an infant, they shall not be employed in work involving

a significant risk of intake of radionuclides or of bodily

contamination.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Amended by

L.N. 184 of 2020.

(Regulation 91 and 122)

EMERGENCY MANAGEMENT SYSTEMS

AND EMERGENCY RESPONSE PLANS

Elements to be included in an emergency management system

(1)

Assessment of potential emergency exposure situations and associated public

and emergency occupational exposures;

(2)

Clear allocation of the responsibilities of persons and organisations having a

role in preparedness and response arrangements;

(3)

Establishment of emergency response plans at appropriate levels and related to

a specific facility or human activity;

(4)

Reliable communications and efficient and effective arrangements for

cooperation and coordination at the installation and at appropriate national and

international levels;

(5)

Health protection of emergency workers;

(6)

Arrangements for the provision of prior information and training for emergency

workers and all other persons with duties or responsibilities in emergency

response, including regular exercises;

(7)

Arrangements for individual monitoring or assessment of individual doses of

emergency workers and the recording of doses;

(8)

Public information arrangements;

(9)

Involvement of stakeholders;

(10)

Transition from an emergency exposure situation to an existing exposure

situation including recovery and remediation.

Elements to be included in an emergency response plan

For emergency preparedness

(1)

Reference levels for public exposure, taking into account the criteria laid down

in regulation 7

(2)

Reference levels for emergency occupational exposure taking into account

regulation 63

(3)

Optimised protection strategies for members of the public who may be exposed,

for different postulated events and related scenarios;

(4)

Predefined generic criteria for particular protective measures;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(5)

Default triggers or operational criteria such as observables and indicators of on-

scene conditions;

(6)

Arrangements for prompt coordination between organisations having a role in

emergency preparedness and response and with all other Member States and with

third countries which may be involved or are likely to be affected;

(7)

Arrangements for the emergency response plan to be reviewed and revised to

take account of changes or lessons learned from exercises and events.

Arrangements shall be established in advance to revise these elements, as

appropriate during an emergency exposure situation, to accommodate the

prevailing conditions as these evolve throughout the response.

For emergency response

The response to an emergency exposure situation shall be undertaken through the

timely implementation of preparedness arrangements, including but not limited

to

(1)

Promptly implementing protective measures, if possible, before any exposure

occurs;

(2)

Assessing the effectiveness of strategies and implemented actions and adjusting

them as appropriate to the prevailing situation;

(3)

Comparing the doses against the applicable reference level, focusing on those

groups whose doses exceed the reference level;

(4)

Implementing further protection strategies, as necessary, based on prevailing

conditions and available information.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The dose limits for apprentices aged 18 years or

over and students aged 18 years or over who, in the course of their

studies, are obliged to work with radiation sources, shall be the same

as the dose limits for occupational exposure laid down in regulation

9. (2) The limit on the effective dose for apprentices aged

between 16 and 18 years and for students aged between 16 and 18

years who, in the course of their studies, are obliged to work with

radiation sources, shall be 6mSv in a year.

(3) In addition to the limits on effective dose laid down in

sub-regulation (2), the following limits on equivalent dose shall

apply

(a)

the limit on the equivalent dose for the lens of

the eye shall be 15mSv in a year;

(b)

the limit on the equivalent dose for the skin shall

be 150mSv in a year, this limit shall apply to the dose averaged

over any area of 1cm 2 , regardless of the area exposed;

(c)

the limit on the equivalent dose for the

extremities shall be 150mSv in a year

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(4) The dose limits for apprentices and students who are not

subject to the provisions of sub-regulations 1, 2 and 3 shall be the same

as the dose limits for members of the public as specified in regulation

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Amended by

L.N. 184 of 2020;

(Regulation 93 and 94)

L.N. 139 of 2021.

INFORMATION TO MEMBERS OF THE PUBLIC ABOUT HEALTH

PROTECTION MEASURES TO BE APPLIED AND STEPS TO BE TAKEN IN THE

EVENT OF AN EMERGENCY

Prior information to the members of the public likely to be affected by an

emergency

(1)

Basic facts about radioactivity and its effects on human beings and on the

environment;

(2)

The various types of emergency covered and their consequences for the public

and the environment;

(3)

Emergency measures envisaged to alert, protect and assist the public in the

event of an emergency.

(4)

Appropriate information on action to be taken by the public in the event of an

emergency.

Information to be provided to the affected members of the public in the

event of an emergency

(1)

On the basis of the emergency response plan previously drawn up in the

Commission, the members of the public actually affected in the event of an emergency

shall rapidly and regularly receive

(a) information on the type of emergency which has occurred and, where

possible, its characteristics (e.g. its origin, extent and probable development);

(b)

advice on protection, which, depending on the type of emergency, may

(i)

cover the following: restrictions on the consumption of certain

foodstuffs and water likely to be contaminated, simple rules on

hygiene and decontamination, recommendations to stay indoors,

distribution and use of protective substances, evacuation

arrangements;

(ii)

be accompanied, where necessary, by special warnings for certain

groups of the members of the public;

(c)

announcements recommending cooperation with instructions or requests.

(2)

If the emergency is preceded by a pre-alarm phase, the members of the public

likely to be affected shall already receive information and advice during that

phase, such as

(a)

an invitation to the members of the public concerned to tune in to relevant

communication channels;

(b)

preparatory advice to establishments with particular collective responsibilities;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(c)

recommendations to occupational groups particularly affected.

(3)

This information and advice shall be supplemented, if time permits, by a

reminder of the basic facts about radioactivity and its effects on human beings

and on the environment.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The effective dose limit for the public, applicable

to any one authorised practise, shall be 0.25mSv per year.

(2) The limit of the effective dose for public exposure is

1mSv per annum.

(3) In addition to the dose limit referred to in the sub-

regulation (1), the following limits on the equivalent dose shall apply

(a) the limit on the equivalent dose for the lens of the eye

shall be 15mSv in a year;

(b) the limit on the equivalent dose for the skin shall be

50mSv in a year, this limit shall apply to the dose averaged over any

area of 1 cm 2 , regardless of the area exposed.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 98)

INDICATIVE LIST OF TYPES OF BUILDING MATERIALS CONSIDERED WITH

REGARD TO THEIR EMITTED GAMMA RADIATION

1. Natural materials

(a)

Alum-shale.

-

Building materials or additives of natural igneous origin, such as

-

granitoides (such as granites, syenite and orthogneiss),

-

porphyries;

-

tuff;

-

pozzolana (pozzolanic ash);

-

lava.

2. Materials incorporating residues from industries processing naturally-occurring

radioactive material, such as

-

fly ash;

-

phosphogypsum;

-

phosphorus slag;

-

tin slag;

-

copper slag;

-

red mud (residue from aluminium production);

-

residues from steel production

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

For the estimation of effective and equivalent doses, the

appropriate standard values and relationships shall be used. For

external radiation, the operational quantities defined in section 2.3 of

ICRP Publication 116 shall be used.

PART IV

RADIATION PROTECTION EDUCATION, TRAINING AND

INFORMATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 115)

STANDARD RECORD SHEET FOR HIGH-ACTIVITY SEALED SOURCES (HASS)

(optional in italics)

1. HASS identification

2. Identification of the

3. Location of HASS if not the

number

licensed undertaking

same as in 2

Name

Name

Address

Address

Manufacturer device

number

Country

Country

Field of use

Manufacturer □ Supplier □

Fixed use □ Storage □ Mobile

User□

use□

4. Recording

5. Licence

6. Operational controls of

HASS

Date of start of recording

Number

Date

Date of transfer of records

Date of issue

Date

to historic file

Date of expiry

Date

7. HASS characteristics

8. Receipt of HASS

Date

Year of manufacture

Date of Receipt

Date

Radionuclide

Receipt from

Date

Activity at the date of

Name

Date

manufacturing

Activity reference date

Address

Date

Manufacturer/Supplier (*)

Date

Name

Country

Date

Address

Manufacturer □ Supplier □

Date

User□

9. Transfer of HASS

10. Further information

Country

Date of transfer

Loss □ Date of Loss

Physical and chemical

Name

Theft □ Date of theft

characteristics

Source type Identification

Address

Findings: Yes□ No □

Capsule identification

ISO classification

Country

Date

ANSI classification

Licence Number

Place

IAEA source category

Date of issue

Other information

Neutron source Yes□ No□

Date of expiry

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Neutron source target

Manufacturer □ Supplier □

Other undertaking □

Neutron flux

Facility for long term storage

or disposal □

(*)Where the manufacturer of the source is established outside the community the

name and address of the importer-supplier may be provide instead

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The undertaking or, in case of outside workers,

the employer of the outside worker shall ensure that individuals whose

tasks require specific competences in radiation protection shall

(a)

have received appropriate radiation protection

training before commencing work;

(b)

that the radiation protection training is repeated,

at intervals to be determined by the Commission but shall not

exceed a period of 5 years; and

(c)

keep records of training performed, including the

training certificates.

(2) The Commission shall set a date by which all training

shall be done in accordance to approved syllabi, as appropriate to field

of practice, and delivered by approved organisations or individuals.

The Commission shall

(a)

approve syllabi for radiation protection training;

(b)

approve organisations or individuals to provide

BASIC SAFETY STANDARDS FOR IONISING RADIATION

training; and

(c)

accept as appropriate equivalent alternative

radiation safety training where the individual has carried out

prior training outside of Malta.

(3) Approved training organization or individual shall issue

certificates of evidence that the Commission approved training has

been performed.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall encourage the introduction of a

course on radiation protection in the basic curriculum of medical and

dental schools.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Exposed workers shall make available to the

undertaking or the employer of the outside worker information on

their past and present work that is relevant for ensuring effective and

comprehensive protection and safety for themselves and others.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 114)

SECURITY MEASURES FOR HIGH ACTIVITY SOURCES

Table1 Type of security measures required

Security Level

Security Level

Security Level

C Sources

B Sources

A Sources

Safe management and protect as an asset

Deter unauthorised access

Timely detection of unauthorised access

Timely detection of unauthorised acquisition

Delay acquisition until

response is possible

Administrative Measures

Holders should have the following administrative procedures in order to comply

with these regulations

•

access control procedures;

•

key control procedures;

•

adequate surveillance for activity levels 1 & 2;

•

records related to management of sources;

•

inventories;

•

reliability and trustworthiness of personnel;

•

information security for activity levels 1 & 2;

•

quality assurance measures; and

•

establishment of a safety and security cultures.

Technical Measures

Technical measures pose a physical barrier to a source, device or facility in order

to separate it from unauthorised personnel and to deter, or to prevent, inadvertent

or unauthorised access to, or removal of, a radioactive source.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Technical measures are generally hardware or security devices and include

•

fences;

•

walls;

•

cages;

•

transport packages;

•

locks and interlocks for doors;

•

locked shielded containers;

•

intrusion-resistant source holding devices;

•

access points with alarm.

Table 2 Summary of Security Measures

Specific Security Measures

Security Level

Security Level

Security Level

A Sources

B Sources

C Sources

General administrative measures

Daily accounting

Weekly accounting

Semi-annual accounting

Access control to source location allowing timely detection of

Access control to source

unauthorised access

location

Deterrence provided by

Two technical measures

Two measures (one technical)

One technical measure

separating the source from

separating the source from

separating the source from

unauthorised personnel

unauthorised personnel

unauthorised personnel

Specific emergency response plan

Generic emergency plan

Background check

Security plan

Information security

Upgrade security for increased threat

Timely Detection provided by

Remotely monitored

Local Alarm

intruder alarm

Timely response to an alarm

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Undertakings are required to inform exposed

workers on

(a)

the radiation health risks involved in their work;

(b)

the general radiation protection procedures and

precautions to be taken;

(c)

the radiation protection procedures and

precautions connected with the operational and working

conditions of both the practice in general and each type of

workstation or work to which they may be assigned;

(d)

the relevant parts of the emergency response

plans and procedures;

(e)

the importance of complying with the technical,

medical and administrative requirements.

In the case of outside workers, the employer of the outside

worker shall ensure that the information required in paragraphs (a),

(b), and (e) is provided.

(2) The undertaking or, in case of outside workers, the

employer of the outside worker, is to inform exposed workers on the

importance of making an early declaration of pregnancy in view of

the risks of exposure for the unborn child.

(3) The undertaking or, in case of outside workers, the

employer of the outside worker, to inform exposed workers on the

importance of announcing the intention to breast-feed an infant in

view of the risks of exposure for a breast-fed infant after intake of

radionuclides or bodily contamination.

(4)

The undertaking or, in case of outside workers, the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

employer of the outside worker, provides appropriate radiation

protection training and information programmes for exposed workers.

(5) In addition to the information and training in the field of

radiation protection as specified in sub-regulations 1, 2, 3 and 4, the

undertaking responsible for high-activity sealed sources shall ensure

that such training includes specific requirements for the safe and

secure management and control of high-activity sealed sources with a

view to preparing the relevant workers adequately for any events

affecting the radiation protection. The information and training shall

place particular emphasis on the necessary safety requirements and

shall contain specific information on the possible consequences of the

loss of adequate control of high-activity sealed sources.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(Regulation 124)

INDICATIVE LIST OF TYPES OF EXISTING EXPOSURE SITUATIONS

Exposure due to contamination of areas by residual radioactive material from

(i)

past activities that were never subject to regulatory control or were not

regulated in accordance with the requirements laid down by these

regulations;

(ii)

an emergency, after the emergency exposure situation has been

declared ended, as provided for in the emergency management system;

(iii)

residues from past activities for which the undertaking is no longer

legally accountable;

(a)

Exposure to natural radiation sources, including

(i)

indoor exposure to radon and thoron, in workplaces, dwellings and

other buildings;

(ii)

indoor external exposure from building materials;

(b)

Exposure to commodities excluding food, animal feeding stuffs and drinking

water incorporating

(i)

radionuclides from contaminated areas specified in paragraph (a), or

(ii)

naturally-occurring radionuclides.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

SIXTEENTH SCHEDULE

(Regulation 64 and 127)

LIST OF ITEMS TO BE CONSIDERED IN PREPARING THE NATIONAL

ACTION PLAN TO ADDRESS LONG-TERM RISKS FROM RADON EXPOSURES

1. Strategy for conducting surveys of indoor radon concentrations or soil gas

concentrations for the purpose of estimating the distribution of indoor radon

concentrations, for the management of measurement data and for the

establishment of other relevant parameters (such as soil and rock types,

permeability and radium-226 content of rock or soil).

2. Approach, data and criteria used for the delineation of areas or for the definition

of other parameters that can be used as specific indicators of situations with

potentially high exposure to radon.

3. Identification of types of workplaces and buildings with public access, such as

schools, underground workplaces, and those in certain areas, where

measurements are required, on the basis of a safety assessment, considering for

instance occupancy hours.

4. The basis for the establishment of reference levels for dwellings and workplaces.

If applicable, the basis for the establishment of different reference levels for

different uses of buildings (dwellings, buildings with public access, workplaces)

as well as for existing and for new buildings.

5. Assignment of responsibilities (governmental and non-governmental),

coordination mechanisms and available resources for implementation of the

action plan.

6. Strategy for reducing radon exposure in dwellings and for giving priority to

addressing the situations identified under paragraph 2.

7. Strategies for facilitating post construction remedial action.

8. Strategy, including methods and tools, for preventing radon ingress in new

buildings, including identification of building materials with significant radon

exhalation.

9. Schedules for reviews of the action plan.

10. Strategy for communication to increase public awareness and inform local

decision makers, employers and employees of the risks of radon, including in

relation to smoking.

11. Guidance on methods and tools for measurements and remedial measures.

Criteria for the accreditation of measurement and remediation services shall also

be considered.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

12. Where appropriate, provision of financial support for radon surveys and for

remedial measures, in particular for private dwellings with very high radon

concentrations.

13. Long-term goals in terms of reducing lung cancer risk attributable to radon

exposure (for smokers and non-smokers).

14. Where appropriate, consideration of other related issues and corresponding

programmes such as programmes on energy saving and indoor air quality.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

SEVENTEENTH SCHEDULE

Amended by

L.N. 184 of 2020.

(Regulation 18 and 67)

SEVENTEENTH SCHEDULE

(Regulation 18 and 67)

QUALIFICATION AND EXPERIENCES FOR PERSONS

INVOLVED IN MEDICAL EXPOSURES

1. Referrers shall have the following qualification and experience as detailed

below

Practitioners shall have the following qualification and experience as detailed

below

Qualification

Registered medical doctors, or

dentists, or

Practitioners when additional exposures are clinically indicated

Experience

No initial experience needed

2. Practitioners qualification and experience

Practitioners shall have the following qualification and experience as detailed

below

Qualification

Medical doctors who are on the Specialist Registers held by the Medical

Council for

Radiology;

Radiotherapy;

Nuclear Medicine,

or

Medical doctors who are on the Specialist Register held by the Medical

Council for

Cardiology;

Gastroenterology;

Respiratory Medicine;

Rheumatology;

Orthopedic Surgery; and

General Surgery

Oral and maxillo-facial surgery while carrying out interventions,

or

Dental surgeons,

or

Medical radiographers registered with Council for Professions

complimentary to medicine

Experience

At least one month on the job experience under the supervision of an

approved practitioner, excluding dental surgeons.

No initial experience for dental work performed by dental surgeons.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

3. Categorization of medical exposures

As the practical aspects of different procedures for medical exposures carry

different levels of risk, both to the person performing the practical aspects and to

the patient, the Commission has categorised medical exposures as shown in the

below table using the graded approach. This categorisation is being done in

relation to persons performing the practical aspects only

Risk Level

Type of medical exposure

Radiotherapy

Brachytherapy

Nuclear Medicine (diagnostic and therapeutic)

Interventional Radiology Fluoroscopic Techniques

CT

Mammography

Medium

General Diagnostic Radiography

Dental Radiography

Low output Diagnostic Radiography (e.g. bone density)

4. Qualification and experience for persons performing the practical aspects

Persons performing the practical aspects shall have the following qualification and

experience as detailed below

(i)

Persons performing the practical aspects of radiation producing medical

equipment for medical purposes

High Risk

Qualification

Practitioners with the proviso that a registered medical

Procedures

radiographer is in attendance during any form of

intervention by medical doctors who are on the specialist

registers listed in the table in part 1 of this Schedule.

Other persons approved under regulation 69 as long as a

practitioner is available

Experience

First time registered medical radiographers shall have at

least three months on the job orientation under the

supervision of a registered medical radiographer

approved to work in the specific area.

Persons approved by under regulation 69 shall have three

months on the job training under the supervision of a

Practitioner

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Medium Risk

Qualification

Practitioners, or

Procedures

Dentists for dental medical exposures

Other persons approved under regulation 69

Experience

First time registered medical radiographers, Practitioners,

shall have at least one month on the job orientation under

the supervision of an approved individual in the specific

area.

No initial experience for dental work performed by dental

surgeons specific area.

Persons approved by under regulation 69 shall have two

months on the job training under the supervision of a

Practitioner

Low Risk

Qualification

Practitioners, or

Procedures

Other persons approved under regulation 69

Experience

No initial experience for practitioners

Persons approved by under regulation 69 shall have two

months on the job training under the supervision of a

Practitioner.

(ii)

Persons performing the practical aspects administering sealed or unsealed

radioactive sources for medical exposure purposes

Brachytherapy

Qualification

Registered on the specialist register for oncology and

radiotherapy or

Medical radiographer

Experience

One month or several procedures of on the job

orientation under the supervision of an approved

individual in the specific area.

Therapeutic and

Qualification

Registered on specialist register for nuclear medicine or

Diagnostic

registered medical doctor or registered medical

Nuclear

radiographer , registered medical physicist as directed by

Medicine

an individual registered on specialist register for nuclear

medicine

Experience

One month or several procedures on the job orientation

under the supervision of an approved individual in the

specific area.

(iii)

Persons performing the practical aspects of other aspects of medical exposures

Gamma Camera/

Qualification

Registered on specialist register for nuclear medicine or

Positron

medical radiographer

Emission

Experience

Three months on the job orientation under the

Tomography

supervision of registered individual on specialist register

for nuclear medicine or medical radiographer.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(iv)

Persons performing the practical aspects of radiation producing medical

equipment for non medical purposes

Quality Control

Qualification

Medical physicists registered with Council for the

Procedures

Professions Complementary to Medicine,

Registered Medical radiographers,

or

persons specifically trained to carry out the quality

control of the relevant equipment.

Experience

At least nine months on the job orientation under the

supervision of an approved QC individual or 300 hours of

training in quality control.

Installation and

Qualification

Persons specifically trained by the manufacturer in the

Maintenance

areas that are needed to carry out their duty or trained by

other engineers/technicians certified competent by the

manufacturer

Experience

One month on the job training under the supervision of an

experienced installer

BASIC SAFETY STANDARDS FOR IONISING RADIATION

EIGHTEENTH SCHEDULE

(Regulation 74)

INFORMATION TO BE SUPPLIED TO THE SECRETARAIT EACH TIME AN

ACCEPTANCE TEST IS PERFORMED

(a)

Full equipment details including

type of equipment

manufacturer

model

serial numbers

year of manufacture

year of Installation

for x-ray equipment: Max KV. Max mA

location of equipment

(b)

Particulars of the test

reason for performing test

person(s) performing test

date of test

name of standard followed

specified tolerances, manufactures specification and other reference docu-

ments if appropriate

details of test equipment used, including calibration dates

(c)

Previous tests

Details of any on-site/factory tests performed by manufacturer and results of

such tests

(d)

For each of the required parameters tested the report should include

test procedure followed

measured values

manufacturers specification for that parameter.

if no manufactures specification available, the reason why and the value the

measured value was compared to

statement if the equipment passes that parameter

BASIC SAFETY STANDARDS FOR IONISING RADIATION

NINETEENTH SCHEDULE

(Regulation 83(e))

EXPOSURE TO IONISING RADIATION TO AN EXTENT MUCH GREATER THAN

INTENDED

If such an incident has or believed to have occurred, the undertaking has to carry

out a preliminary investigation. Unless this investigation establishes that no such

incident occurred, the Secretariat has to be immediately notified and a detailed

investigation has to be carried out.

During the preliminary and, if applicable, during the detailed investigation, any

process in connection with the incident, (from the receipt of the patient to the final

reporting) shall be stopped from use until the investigation is carried out and any

corrective actions taken. For example, these processes may include all the steps

from patient receipt to the final reporting.

The table below shows the interpretation of the term "much greater than intended

Table 1

Medical exposure

Much

Greater

than

intended

multiplying factor applied to intended

dose

Interventional radiology, radiographic and fluoroscopic

1.5

procedures involving contrast agents, nuclear medicine

with intended dose >5mSv and computed tomography

examinations

Mammography, nuclear medicine with intended E≤5mSv

but >0.5mSv, all other radiographic examinations not

referred to elsewhere in this table.

Radiography of extremities, skull, dentition, shoulder,

chest, elbow, knee and nuclear medicine with intended E≤

0.5mSv

Beam therapy, brachytherapy

1.1 (whole course) or

1.2 (any fraction)

Unsealed radionuclide therapy

1.2 (any administration)

Procedural failures

Incident

Undertaking’s Duty

Incorrect diagnostic procedure

Preliminary investigation and inform

the Secretariat

Wrong patient exposed to a dose of radiation

Preliminary investigation and inform

the Secretariat

Reject exposures due to other parameters resulting in

Perform Reject Analyses and take

inadequate diagnostic information

corrective action. The reports,

analyses and corrective actions to be

documented and made available to

the Secretariat

Any preliminary investigation reports shall be kept by the undertaking for a period

of at least 2 years from the date it was made. If a detailed investigation is made,

the report shall be kept for a period of at least 30 years from the date it was made.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

TWENTIETH SCHEDULE

(Regulation 68(b))

REQUIREMENTS FORMEDICAL PHYSICS EXPERTS

Table 1

Undertaking’s requirements for obtaining advice from Medical Physics Experts

Practice

Level of Involvement of the

Contractual agreement

medical physics expert

between undertaking and

the medical physics

expert

External Beam Radiotherapy

Close involvement

Brachytherapy

To be present on site for at least

Documented agreement

Other

Radiotherapeutic

part of the working day and to be

between undertaking and

practices

(Excluding

available for consultation as

medical physics expert

standardized nuclear medicine

required for any individual

practices)

patient-specific issues

Standardised nuclear medicine

radiotherapeutic procedures

Diagnostic nuclear medicine

Shall be involved

procedures

Interventional Radiology

Monitor practices regularly and

Documented agreement

between undertaking and

Computed Tomography

be available for consultation as

medical physics expert

required and to respond for any

individual patient-specific issues

Other

high

dose

radiodiagnostic practices

Health Screening

Other medical radiological

practices not covered by above

Involved as appropriate

None required

points

BASIC SAFETY STANDARDS FOR IONISING RADIATION

TWENTY-FIRST SCHEDULE

(Regulation 95(1)(a)

ELEMENTS OF NATIONAL RADIOACTIVITY MONITORING PROGRAMME

Table 1

Sampling frequency

Ambient gamma dose rate

Continuous

Air particulates

Continuous

Coastal Waters

Quarterly

Soil

Annually

Water for human consumption

Monthly

Food

Monthly

Milk

Quarterly

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Secretariat shall keep the customs authorities

and metal recycling installations informed of the possibility that they

may be confronted with a source.

(2) The Commission shall promote that workers in the

customs authorities and in metal recycling installations are

(a)

advised and trained in the visual detection of

sources and their containers;

(b)

informed of basic facts about ionising radiation

and its effects;

(c)

informed of and trained in the actions to be taken

on site in the event of the detection or suspected detection of a

source.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Emergency workers who are identified in an

emergency response plan of an undertaking or the employer of an

outside worker and persons involved in the national radiological

emergency plan as established by article 31 of the Act, shall be given

adequate information

(a)

that is regularly updated on the health risks their

intervention might involve and on the precautionary measures to

be taken in such an event;

(b)

on appropriate radiation protection training;

(c)

on national radiological emergency plan as set out

in regulation 122

Provided that this information shall take into account the

range of potential emergencies and the type of intervention.

(2) In the event that an emergency occurs, the information

referred to in the regulation 17(1a) shall be supplemented by

Secretariat to emergency workers and any other persons involved,

having regard to the specific circumstance.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings shall entitle individuals to act as

referrers, practitioners and individuals involved in the practical

aspects of medical radiological exposures by approving them and

shall establish a procedure within its radiation protection programme

for persons to be approved pursuant to the requirements of regulation

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(2) Referrers, practitioners and the individuals involved in

the practical aspects of medical radiological procedures shall have

the qualification and experience stated in the Seventeenth Schedule

19. (1)

Undertakings shall maintain lists of individuals

that have been approved. These lists shall specify any limitations of

the approval of individuals.

(2) Undertakings shall maintain the following records for

each of its employees involved in medical exposures

(a)

name of individual;

(b)

approval area, including: practitioner; person

performing the practical aspects of medical equipment for

medical purposes; person performing the practical aspects for

other purposes;

(c)

qualification certificates to demonstrate training

(both academic and practical);

(d)

examination results if applicable (including

vision examinations pursuant to regulation 10 of the Minimum

Health and Safety Requirements for Work with Display Screen

Equipment Regulations) and their expiry;

(e)

documentation of any continuing professional

development;

(f)

contract or signed statement of employment of

the individual to act in the approved capacity.

(3) An undertaking may approve an individual to work in

the same capacity on the basis that the individual has been approved

by another undertaking provided that

(a)

the individual has proof of prior approval; and

(b)

the individual was working in the same capacity

in the last six months; and

(4)

The approval of an undertaking shall be deemed revoked

when

(a)

employment is terminated; or

(b)

preliminary investigations for accidents indicate

BASIC SAFETY STANDARDS FOR IONISING RADIATION

gross individual negligence; or

(c)

not carrying

out

approved

work

for

six

consecutive months.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Individuals undergoing relevant training programmes

may participate in practical aspects for the procedures mentioned in

regulation 69 provided that they are constantly under direct

supervision of a practitioner.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The undertaking shall facilitate the continuing education

and training of its employees.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall allocate the necessary resources in

order that staff of its Secretariat to obtain, maintain and further develop

expertise and skills required in discharging the Commission’s

responsibilities.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

In the case of the clinical use of new techniques the

undertaking shall provide training on these techniques and the relevant

radiation protection requirements.

Part V

JUSTIFICATION AND REGULATORY CONTROL OF PRACTICES

(SECTION 1)

Justification and prohibition of practices

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

It is prohibited to perform a class or type of

practice that is not justified.

A list of classes and types of practice resulting in exposure to

ionising radiation that are deemed justified at the time of this

regulation being published is given in the Fourth Schedule.

(2) The Commission shall update and keep available a list of

classes and types of practice resulting in exposure to ionising radiation

that are deemed justified.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall not allow a new class or types of

practice resulting in exposure to ionising radiation unless it deems it to

be justified. If justified it shall be added to the list referred to in the

regulation 23.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall consider a review of existing

classes or types of practices held on the list referred to in regulation 23

with regard to their justification whenever there is new and important

evidence about their efficacy or potential consequences or new and

important information about other techniques and technologies, if no

longer justified they shall be removed from the list.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Practices involving medical exposure shall be a justified

BASIC SAFETY STANDARDS FOR IONISING RADIATION

practices pursuant to regulation 23 and each individual medical

exposure shall be justified as specified in regulation 65.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings intending to manufacture or

import a consumer product for which the intended use is likely to be a

new class or type of practice, to provide the Commission with all

relevant information, including that listed in Section A of the Third

Schedule, so as to allow the implementation of the justification

requirement in regulation 25.

(2) The Commission shall assess this information and

decide if the intended use of the consumer product is justified based

on Section B of the Third Schedule.

(3) Without prejudice to sub-regulation (1), The

Commission which has received information according to that sub-

regulation, informs the point of contact for the competent authorities

of other Member States of this receipt and, upon request, of its

decision and the basis for that decision.

(4) It is prohibited to sale or the making available to the

public of consumer products if their intended use is not justified or

their use would not fulfil the criteria for exemption from notification

under regulation 35.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

It is prohibited to deliberately add radioactive

substances in the production of foodstuffs, animal feeding stuffs, and

cosmetics, and it is prohibited to import or export of such products.

(2) Without prejudice to the Irradiation of Food

Regulations, practices involving the activation of material resulting

in an increase in activity in a consumer product, which at the time of

placing on the market cannot be disregarded from a radiation

protection point of view, shall be deemed not to be justified.

However, the Commission may evaluate specific types of practices

within this class with regard to their justification.

(3) The deliberate addition of radioactive substances in the

manufacture of toys and personal ornaments is prohibited and so is

the import or export of such products.

(4) Practices involving the activation of materials used in

toys and personal ornaments, resulting, at the time of the placing on

the market of the products or of their manufacture, in an increase in

activity, which cannot be disregarded from a radiation protection

point of view is prohibited, and so is the import or export of such

products or materials.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

With regard to practices and applications

involving non-medical imaging exposure the Commission shall

(a)

identify in the list referred to under regulation

23, practices and applications involving non-medical imaging

BASIC SAFETY STANDARDS FOR IONISING RADIATION

exposure which are deemed to be justified;

(b)

review the general and particular justification of

practices involving non-medical imaging exposures;

(c)

regularly review the circumstances warranting

non-medical imaging exposures, without individual justification

of each exposure.

(2) Each particular application of an accepted type of

practice, as stipulated by regulation 23, shall be justified by the

undertaking and shall be subject to licensing by the Secretariat.

(3) With regard to practices and applications involving non-

medical imaging exposure undertakings shall give special attention to

justification in advance of all individual non-medical imaging

exposure procedures using medical radiological equipment, taking into

account the specific objectives of the procedure and the characteristics

of the individual involved.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Justified practices involving non-medical imaging

exposure using medical radiological equipment may be exempted by

the Commission from the requirement for dose constraints according

to regulation 6(b) and from the dose limits set out in regulation 12.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

For practices involving non-medical imaging

exposure that are justified

(a)

the practice is subject to licensing by the

Commission and shall impose specific requirements, including

criteria for individual implementation, that have been

established by the Commission, making reference to guidance

available from international bodies, in cooperation with Maltese

professional bodies of practitioners, other governmental

regulatory bodies and any other such persons or bodies that the

Commission sees fit as appropriate;

(b)

for

procedures

using

medical

radiological

equipment

(i)

relevant requirements identified for

medical exposure as set out in Part VII are applied,

including

those

for

equipment,

optimisation,

responsibilities, training and special protection during

pregnancy and the appropriate involvement of the

medical physics expert;

(ii) where appropriate, specific protocols,

consistent with the objective of the exposure and required

image quality, are put in place;

(iii) where practicable, specific diagnostic

reference levels are put in place;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(2) For procedures not using medical radiological

equipment, shall have dose constraints that shall be established by the

Commission and its value shall not exceed an effective dose of

0.005mSv per procedure with a limit of 0.1mSv per year for the

individual exposed to that procedure and;

(3) Information is provided to and consent sought from the

individual to be exposed, allowing for cases where the law

enforcement authorities may proceed without consent of the

individual according to Maltese legislation.

(SECTION 2)

Regulatory Control

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Notified practices which are not exempted from

authorisation shall be subject to regulatory control through

registration or licensing.

(2) Regulatory control through the notification, registration/

licensing and the inspection process shall use a graded approach.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Secretariat shall be responsible for maintaining a

registers of

(1)

undertakings and employers of outside workers;

(2)

equipment

that

requires

notification

under

these

regulations;

(3)

radioactive material that requires notification under these

regulations, and in particular the following information

(a)

radionuclide involved;

(b)

the activity at the time of manufacture or, if this

activity is not known, the activity at the time of the first placing

on the market; and

(c)

the type of source.

(4) Transfers of equipment and radioactive material that requires

notification under these regulations.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall identify classes or types of

practice involving naturally–occurring radioactive material and

leading to exposure of workers or members of the public which

cannot be disregarded from a radiation protection point of view. Such

identification shall be carried out by appropriate means taking into

account industrial sectors listed in the Fifth Schedule.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Notification is required for all justified practices,

including those identified according to regulation 33. The notification

shall be made at least thirty (30) days prior to a practice commencing.

Existing practices shall notify within thirty (30) days of the

publication of this regulation. The Secretariat shall specify the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

information to be provided in conjunction with the notification. Where

an application for an authorisation is submitted, no separate

notification is needed. An authorisation may lead to the Secretariat

issuing the undertaking with either a registration or license.

(2) Undertakings shall immediately notify the Secretariat if

there is any change in the information supplied in connection with the

above sub-regulation.

(3) Practices may be exempted from notification, as specified

in regulation 35.

(4) Notification is required for workplaces specified in

regulation 64(3) and for existing exposure situations that are managed

as a planned exposure situation, as specified in regulation 124(3).

(5) Notwithstanding the exemption criteria laid down in

regulation 35, in situations identified by the Commission where there

is concern that a practice identified in accordance with regulation 33

may lead to the presence of naturally-occurring radionuclides in water

liable to affect the quality of drinking water supplies or affect any

other exposure pathways, so as to be of concern from a radiation

protection point of view, the Commission may require that the practice

be subject to notification.

(6) Human activities involving radioactively contaminated

materials resulting from authorised releases or materials cleared in

accordance with regulation 39 shall not be managed as a planned

exposure situation and, hence, are not required to be notified.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The following justified practices do not need to be

notified

(a)

radioactive materials where the quantities of the

activity involved do not exceed in total the exemption values set

out in Table B, Activity Column (Bq), of the Sixth Schedule, or

higher values that, for specific applications, are approved by the

Commission and satisfy the general exemption and clearance

criteria set out in the Sixth Schedule ; or

(b)

without prejudice to regulation 34(6) radioactive

materials where the activity concentrations do not exceed the

exemption values set out in Table A, Activity Concentration

Column (kBq kg -1 ), of the Sixth Schedule, or higher values that,

for specific applications, are approved by the Commission and

satisfy the general exemption and clearance criteria set out in

the Sixth Schedule; or

(c)

apparatus containing a sealed source, provided

that

(i)

the apparatus is of a type approved by the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Commission;

(ii) the apparatus does not cause, in normal

operating conditions, a dose rate exceeding 1 μSv h -1 at

a distance of 10cm from any accessible surface; and

(iii) conditions for recycling or disposal have

been specified by the Commission; or

(d)

any electrical apparatus provided that

(i)

it is a cathode ray tube intended for the

display of visual images, or other electrical apparatus

operating at a potential difference not exceeding 30 kilo

volt (kV), or it is of a type approved by the Commission;

and

(ii) it does not cause, in normal operating

conditions, a dose rate exceeding 1 μSv h -1 at a distance

of 10cm m from any accessible surface.

(2) The Commission may exempt specific types of practices

from the notification requirement subject to compliance with the

general exemption criteria established in paragraph 3 of the Sixth

Schedule, on the basis of an assessment showing that exemption is

the best option.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The Commission shall require either registration or

licensing of the following practices

(a) the operation of radiation generators or accelerators or

radioactive sources for medical exposures or for non-

medical imaging exposure purposes; and

(b) the operation of radiation generators or accelerators,

except electron microscopes, or radioactive sources for

purposes not covered by sub-paragraph (a).

(2) The Commission may require registration or licensing of

other types of practices.

(3) Subject to regulation 37, the Commission shall, in

accordance with sub-regulations (1) and (2), determine which

practices are subject to registration or licensing. The Commission

shall base its decision to submit a type of practice to registration or

licensing, using a graded approach and based on regulatory

experience taking into account

(a) the magnitude of expected or potential doses resulting

from the practice;

(b) the impact that regulatory control may have in

reducing such doses or improving radiological safety;

(c) the complexity of the practice; and

(d) safety and security having regard to the circumstances

in which the relevant practice is proposed to be carried

BASIC SAFETY STANDARDS FOR IONISING RADIATION

out.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Licensing is required for the following practices

(a)

the deliberate administration of radioactive

substances to persons and, in so far as the radiation protection of

human beings is concerned, animals for the purpose of medical

or veterinary diagnosis, treatment or research;

(b)

the operation and decommissioning of any nuclear

facility;

(c)

the deliberate addition of radioactive substances

in the production or manufacture of consumer products or other

products, including medicinal products, and the import of such

products;

(d)

any practice involving a high-activity sealed

source;

(e)

the operation, decommissioning and closure of

any facility for the long term storage or disposal of radioactive

waste, including facilities managing radioactive waste for this

purpose; the operation, decommissioning and closure of any

facility for the long term storage or disposal of radioactive

waste, including facilities managing radioactive waste for this

purpose;

(f)

practices discharging significant amounts of

radioactive material with airborne or liquid effluent into the

environment.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

In order to apply for a registration or license,

applicants are to provide the Secretariat such information as shall be

stipulated by the Secretariat.

(2) The information that the Secretariat will require to be

supplied by applicants to apply for a license will include items in the

indicative list in the Eighth Schedule.

(3) A licence shall include, as appropriate, specific conditions

and reference to requirements in these regulations so as to ensure that

the elements of the licence are legally enforceable, and impose

appropriate restrictions on the operational limits and conditions of

operation.

(4) Where applicable, the licence shall include conditions on

the discharge of radioactive effluent, in connection with the

requirements of regulation 87 for the authorisation of the release of

radioactive effluent into the environment.

(5) Licensees shall notify the Secretariat at least one month

prior to the expiry of their License to inform the Secretariat if they will

BASIC SAFETY STANDARDS FOR IONISING RADIATION

be seeking a renewal of their license.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Disposal, recycling or reuse of radioactive

materials arising from any authorised practice is subject to

authorisation.

(2) Materials for disposal, recycling or reuse may be

released from regulatory control provided that the activity

concentrations

(a)

for solid material do not exceed the clearance

levels (kBq kg -1 ) set out in Table A of the Sixth Schedule; or

(b)

comply with specific clearance levels and

associated requirements for specific materials or for materials

originating from specific types of practices; these specific

clearance levels shall be established by the Commission,

following the general exemption and clearance criteria set out

in paragraph 3 of Sixth Schedule, and taking into account

technical guidance provided by the European Union.

(3) The clearance of materials containing naturally-

occurring radionuclides, where these result from authorised practices

in which natural radionuclides are processed for their radioactive,

fissile or fertile properties, the clearance levels comply with the dose

criteria for clearance of materials out in paragraph 3 of Sixth

Schedule ,

(4) It shall not be permitted to deliberately dilute

radioactive materials for the purpose of them being released from

regulatory control. The mixing of materials that takes place in normal

operations where radioactivity is not a consideration is not subject to

this prohibition. The Commission may authorise, in specific

circumstances, the mixing of radioactive and non-radioactive

materials for the purposes of re-use or recycling.

PART VI

OCCUPATIONAL EXPOSURES

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings are responsible for assessing and

implementing arrangements for the radiation protection of exposed

workers.

(2) In the case of outside workers, the responsibilities of the

undertaking and the employer of outside workers are stipulated in

regulation 61.

(3) Without prejudice to sub-regulations 1 and 2, there shall

be a clear allocation of responsibilities, specified within radiation

protection programme of the undertaking , for the protection of

workers in any exposure situation, to an undertaking, an employer of

the outside worker or any other organisation, in particular for the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

protection of

(a)

emergency workers;

(b)

workers involved in the remediation

of

contaminated land, buildings and other constructions;

(c)

workers who are exposed to radon at work, in the

situation specified in regulation 64(3),

This shall also apply to the protection of self-employed

individuals and individuals who work on a voluntary basis.

(4) Employers of outside workers shall ensure that they have

access to information on the possible exposure of their employees

under the responsibility of another employer or undertaking.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Operational protection of exposed workers shall

be based on

(a)

prior evaluation to identify the nature and

magnitude of the radiological risk to exposed workers as part of

the safety assessment required by regulation 101;

(b)

optimisation of radiation protection in all working

conditions;

(c)

classification of exposed workers as either

category A worker or category B worker;

(d)

control measures and monitoring relating to the

different areas and working conditions, including, where

necessary, individual monitoring;

(e)

medical surveillance;

(f)

education and training.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Exposure conditions and operational protection of

apprentices and students aged 18 years or over referred to regulation

11(1) is equivalent to that of exposed workers of category A or B as

appropriate.

(2) Exposure conditions and operational protection of

apprentices and students aged between 16 and 18 years referred to in

regulation 11(2) is equivalent to that of exposed workers of category

B.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertakings shall seek advice from a radiation

protection expert within the radiation protection expert’s areas of

competence (as outlined in regulation 105), on the issues below that

are relevant to the practice

(a)

the examination and testing of protective devices

BASIC SAFETY STANDARDS FOR IONISING RADIATION

and measuring instruments;

(b)

prior critical review of plans for installations

from the point of view of radiation protection;

(c)

the acceptance into service of new or modified

radiation sources from the point of view of radiation

protection;

(d)

regular checking of

the

effectiveness

of

protective devices and techniques;

(e)

regular calibration of measuring instruments and

regular checking that they are serviceable and correctly used;

(f)

radiation

protection

programme

of

the

undertaking.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings shall give careful consideration

and implement radiation protection arrangements as regards all

workplaces where workers are liable to receive an exposure greater

than an effective dose of 1mSv per year or an equivalent dose of

15mSv per year for the lens of the eye or 50mSv per year for the skin

and extremities.

Such arrangements shall use the graded approach.

(2) For workplaces specified in regulation 64(3) and where

the exposure of workers is liable to exceed an effective dose of 6mSv

per year or a corresponding time-integrated radon exposure value to

be determined by the Commission based on international guidance,

these shall be managed as a planned exposure situation and the

Commission shall determine which requirements set out in this Part

VI are appropriate. For workplaces specified in regulation 64(3), and

where the effective dose to workers is less than or equal to 6mSv per

year, or the exposure less than the corresponding time integrated

radon exposure value for the workers, the Commission shall require

that exposures are kept under review.

(3) For an undertaking operating aircraft where the effective

dose to the crew from cosmic radiation is liable to exceed 6mSv per

year, the relevant requirements set out in this Part VI shall apply,

allowing for the specific features of this exposure situation. In the

case that an effective dose to the crew is liable to be above 1mSv per

year, the undertaking is take appropriate measures, in particular

(a)

to assess the exposure of the crew concerned;

(b)

to take into account the assessed exposure when

organising working schedules with a view to reducing the

doses of highly exposed crew;

(c)

to inform the workers concerned of the health

BASIC SAFETY STANDARDS FOR IONISING RADIATION

risks their work involves and their individual dose;

(d)

to apply regulation 10(1) to pregnant air crew.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Undertakings shall ensure that workplaces are designated

as either controlled or supervised, where appropriate, on the basis of the

safety assessment, made pursuant to regulation 101, of the expected

annual doses and the probability and magnitude of potential exposures.

(2) Undertakings shall refer to the Commission guidance on the

classification of controlled and supervised areas with regard to

particular circumstances.

(3) Undertakings shall designate as a controlled area any area

under their control which

(a) it is necessary for any person who enters or works in the

area to follow special procedures designed to restrict

significant exposure to ionising radiation in that area or

prevent or limit the probability and magnitude of radiation

accidents or their effects; or

(b) any person working in the area is likely to receive an

effective dose greater than 6mSv a year or an equivalent

dose greater than three-tenths of any relevant dose limit

referred to in these regulations.

(4) Undertakings shall designate as a supervised area any area

under their control, not being an area designated as a controlled area

(a)

where it is necessary to keep the conditions of the area

under review to determine whether the area should

be designated as a controlled area; or

(b)

in which any person is likely to receive an effective dose

greater than 1mSv a year or an equivalent dose

greater than one-tenth of any relevant dose limit

referred to in these regulations.

(5) On the basis of the documentation supplied, including the

Safety Assessment, by the undertaking to the Commission, the

Secretariat shall confirm that the appropriate area classification has been

made.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The minimum requirements for a controlled area are

the following

(a)

The controlled area shall be delineated and access

to it shall be restricted to individuals who have received

appropriate instructions and shall be controlled in accordance

with written procedures provided by the undertaking. Wherever

there is a significant risk of the spread of radioactive

contamination, specific arrangements shall be made, including

for the access and exit of individuals and goods and for

monitoring contamination within the controlled area and, where

appropriate, in the adjacent area.

(b)

Taking into account the nature and extent of

BASIC SAFETY STANDARDS FOR IONISING RADIATION

radiological risks in the controlled area, radiological

surveillance of the workplace shall be organised in accordance

with the provisions of regulation 48.

(c)

Signs indicating that the area is Controlled, the

nature of the sources and their inherent risks shall be

displayed.

(d)

Working instructions appropriate to the

radiological risk associated with the sources and the operations

involved shall be laid down.

(e)

The worker shall receive specific training in

connection with the characteristics of the workplace and the

activities.

(f)

The worker shall be provided with the

appropriate personal protective equipment.

(2) The undertaking is responsible for implementation of

these duties taking into account the advice provided by the radiation

protection expert.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The requirements for a supervised area are the

following

(a)

taking into account the nature and extent of

radiological risks in the supervised area, radiological

surveillance of the workplace shall be organised in accordance

with the provisions of regulation 48;

(b)

signs indicating that the area is Supervised, the

nature of the sources and their inherent risks shall be

displayed;

(c)

if appropriate, working instructions appropriate

to the radiological risk associated with the sources and the

operations involved shall be laid down.

(2) The undertaking is responsible for implementation of

these duties taking into account the advice provided by the radiation

protection expert.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings shall ensure that the radiological

surveillance of the workplace referred to in paragraph (b) of

regulation 46(1) and paragraph (a) of regulation 47(1) comprises,

where appropriate

(a)

the measurement of external dose rates,

indicating the nature and quality of the radiation in question;

(b)

the measurement of the activity concentration in

air and the surface density of contaminating radionuclides,

indicating their nature and their physical and chemical states.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(2) Results of these measurements shall be recorded and shall

be used, if necessary, for estimating individual doses, as provided for

regulation 50.

(3) The results of radiological surveillance of the workplace

shall be kept for a minimum of two years.

(4) Monitoring equipment used for radiological surveillance

of the workplace shall be annually recalibrated and the calibration

shall be traceable to an accredited standards laboratory.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

For the purposes of monitoring and surveillance,

every undertaking shall designate exposed workers into one of two

categories

(a)

category A: those exposed workers who are liable

to receive an effective dose greater than 6mSv per year or an

equivalent dose greater than 15mSv per year for the lens of the

eye or greater than 150mSv per year for skin and extremities;

(b)

category B: those exposed workers who are not

classified as category A workers.

(2) The undertaking or, in the case of outside workers, the

employer of the outside worker, shall decide on the categorisation of

individual workers prior to their taking up work that may give rise to

exposure, and to regularly review this categorisation on the basis of

working conditions and medical surveillance. The distinction shall also

take into account potential exposures.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings shall ensure that category A

workers are systematically monitored based on individual

measurements performed by a dosimetry service. In cases where

category A workers are liable to receive significant internal exposure

or significant exposure of the lens of the eye or extremities, an

adequate system for monitoring shall be set up.

(2) Undertakings shall ensure that monitoring for category B

workers is at least sufficient to demonstrate that such workers are

correctly classified in category B. The Secretariat may require the

undertaking to perform individual monitoring and if necessary

individual measurements, by a dosimetry service, for category B

workers.

(3) In cases where individual measurements are not possible

or inadequate, the individual monitoring shall be based on an estimate

arrived at from individual measurements made on other exposed

workers, from the results of the surveillance of the workplace provided

for in regulation 48 or on the basis of calculation methods approved by

the Secretariat.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

In the case of accidental exposure, the

undertaking is required to assess the relevant doses and their

distribution in the body.

(2) In the case of accidental exposure, the undertaking is

required to obtain the results of dose assessments as soon as

practically possible.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings and the employer of any outside

workers shall record the data specified in paragraph 1 of the Ninth

Schedule for the individual monitoring that is made for category A

workers and any individual monitoring that is performed on category

B workers.

(2) For the purposes of sub-regulation (1), the following

information on exposed workers shall be retained

(a)

a record of the exposures measured or estimated,

as the case may be, of individual doses pursuant to regulations

50, 51, 61, 62, 63 and, if required by the Secretariat pursuant

to regulations 44(2), 64(3);

(b)

in the case of exposures as referred to in

regulations 51, 62, 63, the reports relating to the circumstances

and the action taken;

(c)

the results of workplace monitoring used to

assess individual doses where necessary.

(3) The information referred to in sub-regulation (1) shall be

retained during the period of their working life involving exposure to

ionising radiation and afterwards until they have or would have

attained the age of 75 years, but in any case not less than 30 years

after termination of the work involving exposure.

(4) Exposures as referred to in regulations 51, 62, 63, and, if

decided by the Secretariat pursuant to regulations 44(2), 64(3) shall

be recorded separately in the dose record referred to in sub-regulation

(1).

(5) The dose record referred to in sub-regulation (1) shall be

submitted to the Secretariat by the thirtieth day of April for the

following year in the format specified by the Secretariat and shall

consist of the data in Section 2 of the Ninth Schedule.

(6) The Secretariat may seek to verify any of the data supplied

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The results of the individual monitoring set out in

regulations 50, 51, 62, 63 shall pursuant to regulations 44(2), 64(3)

be

(a)

submitted to the Secretariat, to the undertaking,

and to the employer of outside workers;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(b)

made available to the worker concerned in

accordance with sub-regulation (2);

(c)

submitted to an occupational health service in

order for it to interpret the implications of the results for human

health, as provided for in regulation 55(2).

(2) The undertaking, or in case of outside workers, the

employer of the outside worker, to grant workers, at their request,

access to the results of their individual monitoring, including the

results of measurements which may have been used in estimating these

results, or to the results of the assessment of their doses made as a

result of surveillance of the workplace.

(3) In the case of an accidental exposure, the undertaking

shall communicate the results of individual monitoring and dose

assessments to the individual and the Secretariat without delay.

(4) It is the responsibility of the undertaking and the

employer of the outside worker that arrangements are in place for the

appropriate exchange, among the undertaking, in the case of an outside

worker, the employer, the Secretariat, occupational health services,

radiation protection experts, or dosimetry services of all relevant

information on the doses previously received by a worker in order to

perform the medical examination prior to employment or classification

as a category A worker pursuant to regulation 55 and to control the

further exposure of workers.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Before the start of any activity, the employer of the

outside worker shall supply the data given in paragraph 3 of the Ninth

Schedule to the undertaking data on the employment of the outside

worker.

(2) The following data shall be recorded or have been

recorded by the undertaking in the data system for individual

radiological monitoring after the end of any activity for the outside

worker

(a)

the period covered by the activity;

(b)

an estimate of any effective dose received by the

outside worker (for the period covered by the activity);

(c)

in the event of non-uniform exposure, an estimate

of the equivalent doses in the different parts of the body;

(d)

in the event of an intake of radionuclides, an

estimate of the intake or the committed effective dose.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Medical surveillance of exposed workers shall be

based on the principles that govern occupational medicine generally.

(2)

The medical surveillance of category A workers shall be

BASIC SAFETY STANDARDS FOR IONISING RADIATION

undertaken by an occupational health service. This medical

surveillance shall allow for the state of health of workers under

surveillance to be ascertained as regards their fitness for the tasks

assigned to them. To this end, the occupational health service shall

have access to any relevant information they require, including the

environmental conditions in the working premises.

(3)

Medical surveillance shall include

(a)

a medical examination prior to employment or

classification as a category A worker to determine the worker's

fitness for a post as a category A worker for which the worker

is being considered;

(b)

periodic reviews of health at least once a year, in

order to determine whether the category A workers remain fit

to perform their duties. The nature of these reviews, which can

be performed as many times as an occupational health service

considers necessary, shall depend on the type of work and on

the individual worker's state of health.

(4) An occupational health service may indicate the need for

medical surveillance to continue after cessation of work for as long as

they consider it necessary to safeguard the health of the person

concerned.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Workers shall have one of the following medical

classifications with respect to fitness for work as a category A

worker

(a)

a fit;

(b)

fit, subject to certain conditions;

(c)

unfit.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

No worker may be employed or classified for any period

in a specific post as a category A worker if medical surveillance

establishes that the worker is unfit for that specific post.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Medical records shall be opened for each

category A worker and kept up to date so long as the worker remains

a worker in that category. Thereafter, it shall be retained until the

individual has or would have attained the age of 75 years, but in any

case not less than 30 years after termination of the work involving

exposure to ionising radiation.

(2) The medical record shall include information regarding

the nature of the employment, the results of the medical examinations

prior to employment or classification as a category A worker, the

periodic reviews of health and the record of doses required by

regulation 52.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

In addition to the medical surveillance of exposed

workers provided for in regulation 55, provision is made for any

further action considered necessary by an occupational health service

for the health protection of exposed individuals, such as further

examinations, decontamination measures, urgent remedial treatment or

other actions identified by the occupational health service.

(2) Special medical surveillance shall be performed in each

case where any of the dose limits laid down in regulation 9 has been

exceeded.

(3) Subsequent exposure conditions shall be subject to the

agreement of the occupational health service.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Workers may appeal to the Commission against the

findings and decisions made pursuant to regulations 56, 57 and 59.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The system for individual radiological monitoring

shall afford outside workers equivalent protection to that for exposed

workers employed on a permanent basis by the undertaking.

(2) The undertaking is responsible, either directly or through

contractual agreements with the employer of outside workers, for the

operational aspects of the radiation protection of outside workers that

are directly related to the nature of their activities in the undertaking.

(3)

In particular, as a minimum requirement, the undertaking

shall

(a)

for category A workers entering controlled areas,

check that the outside worker concerned has been passed as

medically fit for the activities to be assigned to the worker;

(b)

check whether the categorisation of the outside

worker is appropriate in relation to the doses liable to be

received within the undertaking;

(c)

for entry into controlled areas, ensure that, in

addition to the basic training in radiation protection the outside

worker has received specific instructions and training in

connection with the characteristics of the workplace and the

conducted activities, in accordance with paragraphs (c) and (d)

of regulation 15(1);

(d)

for entry into supervised areas, ensure that the

outside worker has received working instructions appropriate to

the radiological risk associated with the sources and the

operations involved, as required in paragraph (c) of regulation

47(1);

(e)

ensure that the outside worker has been issued

with the necessary personal protective equipment;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(f)

ensure that the outside worker receives

individual exposure monitoring appropriate to the nature of the

activities, and any operational dosimetric monitoring that may

be necessary;

(g)

ensure compliance with the system of protection

as defined in Part III;

(h)

for entry into controlled areas, ensure or take all

appropriate steps to ensure that after every activity the

radiological data from individual exposure monitoring of each

category A outside worker within the meaning of the

regulation 54(2), are recorded.

(4) Employers of outside workers ensure, either directly or

through contractual agreements with the undertaking, that the

radiation protection of their workers is in accordance with the

relevant provisions of these regulations, in particular by

(a)

ensuring compliance

with

the

system

of

protection as defined in Part III;

(b)

ensuring that the information and training in the

field of radiation protection referred to in paragraphs (a), (b)

and (e) of regulation 15(1), regulations 15(2), 15(3), 15(4) is

provided;

(c)

guaranteeing that their workers are subject to

appropriate assessment of exposure and, for category A

workers, medical surveillance, under the conditions laid down

in regulations 48 and 50 to 59;

(d)

ensuring that the radiological data from the

individual exposure monitoring of each of their category A

workers is kept up to date in the data system for individual

radiological monitoring referred to in paragraph (a) of

regulation 53.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The Secretariat may decide that in exceptional

circumstances evaluated case by case, excluding emergencies, where

a specific operation so requires, authorise individual occupational

exposures of identified workers exceeding the dose limits set out in

regulation 9 provided that such exposures are limited in time,

confined to certain working areas and within the maximum exposure

levels defined for the particular case by the Secretariat. The following

conditions shall be taken into account

(a)

only category A workers as defined in regulation

49 may be subject to such exposures;

(b)

apprentices, students, pregnant workers, and, if

there is a risk of intake or bodily contamination, breastfeeding

workers, are excluded from such exposures;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(c)

the undertaking justifies such exposures in

advance and thoroughly discuss them with the workers, their

representatives, an occupational health service and the radiation

protection expert;

(d)

information about the risks involved and the

precautions to be taken during the operation are provided to the

relevant workers in advance;

(e)

the workers have consented;

(f)

all doses relating to such exposures are separately

recorded in the medical record referred to in regulation 58 and

the individual record referred to in regulation 52.

(2) The exceeding of dose limits as a result of specially

authorised exposures shall not necessarily constitute a reason for

excluding workers from their usual occupation or relocating them,

without their agreement.

(3) The Secretariat shall be informed if the exposure of

spacecraft crew is likely to exceed dose limits and shall ensure that it is

managed as a specially authorised exposure.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Emergency occupational exposures shall remain,

whenever possible, below the values of the dose limits laid down in

regulation 9.

(2) For situations where the above condition is not feasible,

the following conditions shall apply

(a)

reference levels for emergency occupational

exposure shall be an effective dose of 50mSv;

(b)

in exceptional situations, in order to save life,

prevent severe radiation-induced health effects, or prevent the

development of catastrophic conditions, a reference level for an

effective dose from external radiation of emergency workers

shall be 500mSv.

(3) In areas within workplaces, where the radon

concentration (as an annual average), continues to exceed the national

reference level, despite the action taken in accordance with the

principle of optimisation as set out in Part III and taking into account

parameters contained in the national action plan as under point 2 of the

Sixteenth Schedule notification in accordance with regulations 34(4)

and 44(2) shall apply.

(4) In the event of an emergency occupational exposure,

radiological monitoring of emergency workers shall be performed.

Individual monitoring or assessment of the individual doses shall be

carried out as appropriate to the circumstances.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(5) In the event of an emergency occupational exposure,

medical surveillance of emergency workers shall be required, as

defined in regulation 59, to be carried out as appropriate to the

circumstances.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The national reference level for the annual

average activity concentration for indoor radon concentrations in air

is 300 Bqm -3 for workplaces.

(2)

Radon measurements shall be carried out

(a)

in workplaces within the areas identified by the

Commission in accordance with regulation 127(3), that are

located on the ground floor or basement level or any other

subterranean work places; as well as

(b)

in specific types of workplaces identified in the

national action plan taking into account paragraph 3 of the

Sixteenth Schedule.

(3) In areas within workplaces, where the radon

concentration (as an annual average), continues to exceed the

national reference level, despite the action taken in accordance with

the principle of optimisation as set out in Part III, notification in

accordance with regulations 34(4) and 44(2) shall apply.

Part VII

MEDICAL EXPOSURES

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Medical exposure shall show a sufficient net

benefit, weighing the total potential diagnostic or therapeutic benefits

it produces, including the direct benefits to health of an individual

and the benefits to society, against the individual detriment that the

exposure might cause, taking into account the efficacy, benefits and

risks of available alternative techniques having the same objective

but involving no or less exposure to ionising radiation.

(2) Undertakings shall apply the justification principle

defined in sub-regulation (1) is applied and in particular that

(a)

It is ensured that both the referrer and the

practitioner shall make reference to referral guidelines.

(b)

Undertakings inform and supply supporting

justification documentation to the Commission in advance of

that undertaking adopting any new types of practices involving

medical exposure.

(c)

All individual medical exposures are to be

justified in advance by a practitioner taking into account the

specific objectives of the exposure and the characteristics of

the individual involved.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(d)

Specific individual exposures can be justified,

where appropriate, in special circumstances, to be evaluated by

a practitioner on a case-by-case basis and documented for

practices involving medical exposure that are not justified in

general.

(e)

The referrer and the practitioner, shall seek, to

obtain previous diagnostic information or medical records

relevant to the planned exposure and consider these data to

avoid unnecessary exposure. Repeat of medical exposure is not

justified if the diagnostic information is already available.

(f)

For the justification of any medical exposure for

medical or biomedical research undertakings shall obtain

clearance from the Commission. Prior to the Commission

issuing clearance for any medical exposure for medical or

biomedical research the undertakings shall provide confirmation

that they have obtained clearance from the ethics committee.

(g)

Undertakings shall obtain clearance from the

Commission before any type of health screening is performed.

The Commission shall seek advice from any appropriate

medical scientific societies and health regulatory bodies and

shall make reference to any available internationally accepted

justification norms for screening.

(h)

The exposure of carers and comforters shall show

a sufficient net benefit, taking into account the direct health

benefits to a patient, the possible benefits to the carer /

comforter and the detriment that the exposure might cause.

(i)

Medical radiological procedure for the early

detection of disease on an asymptomatic individual can only be

performed if it is

(i)

part of a health screening programme, or

(ii) requires specific documented justification

for that individual by the practitioner, in consultation with

the referrer, following guidelines from relevant medical

scientific societies and the Commission.

Special attention shall be given to the provision of information

to the individual subject to medical exposure, as required by paragraph

(e) of regulation 68.

(3)

Referrers shall as part of the justification process

(a) ensure and document that the medical exposure of the

patient is warranted based on the medical indications;

(b) make reference to referral criteria;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(c) refer the patient to a practitioner, providing adequate

clinical details;

(d) state on each individual referral the clinical question to

be answered;

(e) where practical, seek, to obtain previous diagnostic

information or medical records relevant to the planned

exposure and consider this data to avoid unnecessary

exposure; and

(f)

seek the outcome of the exposure and act on the result.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

All doses due to medical exposure for

radiodiagnostic, interventional radiology, planning, guiding and

verification purposes are to be kept as low as reasonably achievable

consistent with obtaining the required medical information, taking

into account economic and societal factors.

(2) For all medical exposure of patients for radiotherapeutic

purposes, exposures of target volumes shall be individually planned

and their delivery appropriately verified taking into account that

doses to non-target volumes and tissues shall be as low as reasonably

achievable and consistent with the intended radiotherapeutic purpose

of the exposure.

(3) (a) The Commission shall establish and regularly review

national diagnostic reference levels for radio-diagnostic

examinations, having regard to the current European diagnostic

reference levels where available, and where appropriate, for

interventional radiology procedures, and the availability of

guidance for this purpose.

(b) An undertaking shall ensure that diagnostic reference

levels for their radio-diagnostic examinations, and

where appropriate for interventional radiology

procedures, are established, regularly reviewed and

used, having regard to the national diagnostic

reference levels where available..

(4) For each medical or biomedical research project

involving medical exposure

(a)

the

individuals

concerned

participate

voluntarily;

(b)

these individuals are informed about the risks of

exposure;

(c)

a dose constraint is established for individuals

for whom no direct medical benefit is expected from exposure;

(d)

in the case of patients who voluntarily accept to

undergo an experimental medical practice and who are

expected to receive a diagnostic or therapeutic benefit from

BASIC SAFETY STANDARDS FOR IONISING RADIATION

this practice, the dose levels concerned shall be considered on

an individual basis by the practitioner and/or referrer prior to the

exposure taking place.

(5) Undertakings shall ensure that the optimisation includes

the selection of equipment, the consistent production of adequate

diagnostic information or therapeutic outcomes, the practical aspects

of medical radiological procedures, quality assurance, and the

assessment and evaluation of patient doses or the verification of

administered activities, taking into account economic and societal

factors.

(6)

Undertakings shall ensure that

(a)

a dose constraints of not more than 1.5mSv per

five years is applied exposure of carers and comforters, where

appropriate;

(b)

appropriate guidance is established for the

exposure of carers and comforters.

(7) In the case of a patient undergoing treatment or diagnosis

with radionuclides, the undertaking, shall ensure that the patient or

their representative is provided with information on the risks of

ionising radiation and appropriate instructions with a view to

restricting doses to persons in contact with the patient as far as

reasonably achievable. For therapeutic procedures these shall be

written instructions.

These instructions shall be handed out before leaving the

hospital or clinic.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The undertaking shall entitle individuals to act in the

different aspects of medical exposures by approving these individuals.

The undertaking is responsible to approve any individual whose

work relates to medical exposure. In making such approvals the

undertaking shall ensure that the individual meets the requirements of

the Seventeenth Schedule.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertakings shall ensure that

(a)

medical exposures shall take place under the

clinical responsibility of a practitioner;

(b)

in medical radiological practices, a medical

physics expert shall be appropriately involved, the level of

involvement being commensurate with the radiological risk

posed and is given in the Table 1 of the Twentieth Schedule;

(c)

practitioners, medical physics experts and those

entitled to carry out practical aspects of medical radiological

procedures shall be involved in the optimization process;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(d)

referrers and practitioners shall liaise as required

with each another in the justification process of individual

medical exposures;

(e)

wherever practicable and prior to the exposure

taking place, the practitioner and the referrer, is to ensure that

the patient or their representative is provided with adequate

information relating to the benefits and risks associated with

the radiation dose from the medical exposure. Similar

information as well as relevant guidance shall be given to

carers and comforters, in accordance with paragraph (b) of

regulation 66(6).

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Practical aspects of medical radiological procedures

may be delegated by the undertaking or the practitioner, as

appropriate, to one or more individuals entitled to act in this respect

in a recognised field of specialization authorised by the Commission

to act in this respect.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertaking’s radiation protection programmes shall

include that

(a)

written protocols for every type of standard

medical radiological procedure are established for each

equipment for relevant categories of patients;

(b)

information relating to patient exposure forms

part of the report of the medical radiological procedure;

(c)

referral guidelines for medical imaging, taking

into account the radiation doses, are available to the referrers;

(d)

clinical audits are carried out in accordance to

the national procedures established by the Commission;

(e)

appropriate reviews are undertaken whenever

diagnostic reference levels are consistently exceeded and that

appropriate corrective action is taken without undue delay;

(f)

procedures are in place for

(i)

the correct identification of individuals

to be exposed to ionising radiation;

(ii) making enquiries of females of

childbearing age to establish whether the individual is or

may be pregnant or breastfeeding;

(iii) approval of individuals to act as

referrers, practitioners, and persons performing the

practical aspects;

(iv)

quality assurance;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(v)

the assessment of patient dose and

administered activity;

(vi) medical

and

biomedical

research

programmes including the use of dose constraints;

(vii) giving of information and

written

instructions as referred to in regulation 66(7);

(viii) recording of doses for each medical

exposure including, where appropriate, factors relevant to

patient dose;

(ix) ensuring that the probability and

magnitude of accidental or unintended doses to patients

from radiological practices are reduced as far as

reasonably achievable;

(x)

responding and reporting of incidents and

accidents;

(xi)

record keeping;

(xii) arrangements for monitoring workers and

the workplace;

(xiii) education and training programme on the

nature of the hazards, protection and safety;

(xiv) methods for periodically reviewing and

auditing the performance of the radiation protection

programme;

(xv) any others as required to be able to

demonstrate compliance with these regulations.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission shall set the training and

recognition requirements, as laid down in regulations 102 and 14, for

the practitioner, the medical physics expert and the individuals referred

to in regulation 69.

(2) Undertakings shall ensure that practitioners and medical

physics experts and the individuals referred to in regulation 69 meet

the requirements of the above sub-regulation (1).

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The responsibility to ensure that the equipment is fit for

clinical use resides with the undertaking.

(2) Prior to acquiring medical radiological equipment the

undertaking shall ensure that there is adequate information on the

radiological risks for patients, and on the clinical evaluation of the

its use..

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Upon installation of the equipment the supplier/installer

has to perform tests to ensure that all the safety features and warning

BASIC SAFETY STANDARDS FOR IONISING RADIATION

devices of the equipment are functioning. During installation, the

manufacturer’s instructions for use must be followed. These tests

shall be performed whenever new, second hand; refurbished and

relocated equipment has been installed, as well as after major

maintenance has been performed. These test results have to be kept

by the undertaking.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Acceptance testing must be carried out in

accordance with international standards. The standard to be used

shall be accepted by the Commission.

(2) Acceptance tests need to be carried out on installation or

relocation of equipment.

Testing for performance, equivalent to an acceptance test or

parts thereof shall be carried out

(a)

after major adjustments of functional

parameters, repairs or maintenance have been performed;

(b)

after components or sub-assemblies have been

added, modified, replaced or removed;

(c)

after each time the undertaking has to remove

the equipment from clinical use due to a malfunction or

maintenance that could affect the patient dose;

(d)

if tests show that the equipment has or is

producing doses other than the acceptable levels.

(3) Acceptance test results should be compared to and meet

the manufacturer’s tolerances. In the absence of such, as in the case

of aged equipment then European Union criteria for acceptability

may be used.

(4) After the acceptance testing is carried out, the test

reports and any other relevant documentation has to be passed on the

Secretariat. The Information to be supplied to the Secretariat with

regard to acceptance tests that have been performed is given in the

Eighteenth Schedule

(5) The records for such testing shall be kept for the lifetime

of the equipment.

(6) In order to set up the optimal clinical operation of the

equipment, certain commissioning tests may be required to be

performed, such as setting up exposure protocols.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Constancy testing must be carried out in

accordance with international standards. The standard to be used

shall be accepted by the Commission.

(2)

Constancy tests are to be performed

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(a)

immediately after an the initial acceptance test has

indicated that the functional performance of the equipment is

satisfactory;

(b)

as often as the standard stipulates but shall not

exceed two years;

(c)

immediately after corrective maintenance that

could effect the radiation output of the equipment or;

(d)

when malfunction of equipment is suspected.

(3) Constancy tests records of shall be kept for three years

from the last date of entry.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The calibration of equipment used for dosimetry of

patients and acceptance or constancy testing shall be traceable to an

accredited standards dosimetry laboratory and shall be routinely re-

calibrated according to its instructions for use. In the absence of any

specified dosimeter re-calibration period, the equipment calibration

period must not exceed a period of two years.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

If tests show that the equipment has or is

producing doses other than the acceptable levels, or a malfunction has

occurred that could affect patient dose, it shall be removed from

clinical use and shall be reported to the Secretariat.

(2) Acceptable levels are deemed the tolerances specified in

the manufacturer’s specifications or the current European Union

Criteria which ever is the most stringent.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Clearance for the clinical use of the equipment is

required from the Secretariat for all instances specified in regulation

74(2).

(2) Clearance will only be issued after the Secretariat reviews

the acceptance tests required by regulation 74(1).

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The undertaking shall ensure that

(a)

all new equipment has an EC Declaration of

conformity;

(b)

all new equipment has, where practicable, a

device showing the quantity of the radiation produced by the

equipment;

(c)

an up to date inventory of radiological equipment

for each radiological installation is available;

(d)

When radiological equipment is not being used it

must be left in a safe and secure condition and when it is in use

it must be kept under strict surveillance regarding radiation

BASIC SAFETY STANDARDS FOR IONISING RADIATION

protection;

(e)

when in use the equipment must be adequately

supervised to ensure an adequate level of radiation protection;

(f)

appropriate routine maintenance is performed (in

line with manufactures recommendations);

(g)

appropriate quality assurance programmes are in

place, including a schedule for testing the equipment;

(h)

appropriate quality assurance programmes for

assessing patient dose or administered activity;

(i)

suitable measures are taken to

improve

inadequate or defective features of the equipment;

(j)

that there are suitable measures for putting

equipment into clinical use and removal from clinical use;

(k)

there is clear allocation of responsibilities for

who can declare that the equipment is fit/unfit for clinical use;

(l)

adopt specific criteria of acceptability for

equipment in order to indicate when appropriate remedial

action is necessary, including, if appropriate, taking the

equipment out of service;

(m)

reasonably steps to prevent failure of radiation

equipment where such failure could result in exposure of

patients to ionising radiation greater than intended;

(n)

on becoming aware of defects in equipment

during use, the undertaking assesses in consultation with the

supplier (or where relevant the service agent or original

manufacturer) and the medical physics expert, if appropriate,

whether any further action is necessary;

(o)

shall have a contingency plan for responding to

equipment failures or malfunction. Following equipment

failure and subsequent repair, the undertaking should consider

the likelihood and consequences of recurrence before returning

the equipment to clinical use.

(2) If the equipment is going to be taken out of clinical use,

with no intention of scrapping, then the undertaking shall remain

responsible for that equipment and if the equipment is sold, leased or

given to another approved undertaking, than the Secretariat shall be

notified prior to this happening.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Specific requirements for certain equipment

(a)

the use of fluoroscopy equipment without a

device to automatically control the dose rate, or without an

BASIC SAFETY STANDARDS FOR IONISING RADIATION

image intensifier or equivalent device, is prohibited.

(b)

equipment used for external beam radiotherapy

with a nominal beam energy exceeding 1 MeV has a device to

verify key treatment parameters. Equipment installed prior to 6

February 2018 may be exempted from this requirement.

(c)

any equipment used for interventional radiology

has a device or a feature informing the practitioner and those

carrying out practical aspects of the medical procedures of

quantity of radiation produced by the equipment during the

procedure. Equipment installed prior to 6 February 2018 may be

exempted from this requirement.

(d)

any equipment used for interventional radiology

and computed tomography and any new equipment used for

planning, guiding and verification purposes has a device or a

feature informing the practitioner, at the end of the procedure, of

relevant parameters for assessing the patient dose.

(e)

equipment used for interventional radiology and

computed tomography has the capacity to transfer the

information required under 3(d) to the record of the

examination. Equipment installed prior to 6 February 2018 may

be exempted from this requirement.

(f)

without prejudice to paragraphs (c), (d) and (e),

new medical radiodiagnostic equipment producing ionising

radiation has a device, or an equivalent means, informing the

practitioner of relevant parameters for assessing the patient

dose. Where appropriate, the equipment shall have the capacity

to transfer this information to the record of the examination.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Appropriate medical radiological equipment,

practical techniques and ancillary equipment shall be used in medical

exposure

(a)

of children;

(b)

as part of a health screening programme;

(c)

involving high doses to the patient, which may be

the case in interventional radiology, nuclear medicine,

computed tomography or radiotherapy.

(2) Special attention shall be given to quality assurance

programmes and the assessment of dose or verification of administered

activity for these practices.

(3) Practitioners and those individuals referred to in

regulation 69 who perform the exposures referred to in sub-regulation

(1) shall obtain appropriate training on these medical radiological

practices as required by regulation 18.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The referrer and the practitioner, shall inquire, as

whether the individual subject to medical exposure is pregnant or

breastfeeding, unless it can be ruled out for obvious reasons or is not

relevant for the radiological procedure.

(2) If pregnancy cannot be ruled out and depending on the

medical radiological procedure, in particular if abdominal and pelvic

regions are involved, special attention shall be given to the

justification, particularly the urgency, and to the optimisation, taking

into account both the expectant individual and the unborn child.

(3) In the case of a breastfeeding individual, in nuclear

medicine, depending on the medical radiological procedure, special

attention shall be given to the justification, particularly the urgency,

and to the optimisation, taking into account both the individual and

the child.

(4) Without prejudice to sub-regulations 1, 2 and 3,

undertakings shall take measures to increase the awareness of

individuals to whom this regulation applies, through measures such

as public notices in appropriate places.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertakings shall ensure that

(a)

all reasonable measures are taken to minimise

the probability and magnitude of accidental or unintended

exposures of individuals subject to medical exposure;

(b)

for radiotherapeutic practices the quality

assurance programme includes a study of the risk of accidental

or unintended exposures;

(c)

for all medical exposures that appropriate system

for the record keeping and analysis of events involving or

potentially involving accidental or unintended medical

exposures, commensurate with the radiological risk posed by

the practice;

(d)

arrangements are made to inform the referrer and

the practitioner, and the patient, or their representative, about

clinically significant unintended or accidental exposures and

the results of the analysis;

(e)

declares within two days to the Secretariat the

occurrence of medical exposures much greater than intended

and other significant events as defined in the Nineteenth

schedule;

(f)

the results of the investigation and the corrective

measures to avoid such events are reported to the Secretariat

within one week;

(g)

mechanisms are in place for the timely

BASIC SAFETY STANDARDS FOR IONISING RADIATION

dissemination of information, relevant to radiation protection in

medical exposure, regarding lessons learned from significant

events.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertakings shall ensure that the distribution of

individual dose estimates from medical exposure for radiodiagnostic

and interventional radiology purposes is determined, taking into

consideration the age and gender of the exposed and that this

information is made available to the Secretariat.

PART VIII

PUBLIC EXPOSURES

(SECTION 1)

PROTECTION OF MEMBERS OF THE PUBLIC AND LONG-

TERM HEALTH PROTECTION IN NORMAL CIRCUMSTANCES

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Undertakings shall take such measures as are necessary

to ensure the operational protection of members of the public in

normal circumstances having regard to the relevant provisions of

these regulations.

(2) For the purposes of these regulations, "operational

protection of members of the public" means, in normal

circumstances, all arrangements and surveys for detecting and

eliminating the factors which, in the course of any operation, may

result in actual or potential exposure to members of the public

exceeding the relevant dose constraint such that the exposure from

any one practice is not liable to exceed 0.25mSv in a year.

(3) For relevant activities, the Commission shall before

granting a registration or a licence in respect of a practice or

amending any condition attached to a registration or specified in a

licence, o r acce ptance into se rvice of a f acility, require the

undertaking to submit to it for examination and approval

(a) the proposed siting of the workplaces from a radiation

protection point of view, taking into account relevant

demographic, meteorological, geological, hydrological

and ecological conditions;

(b) a statement of planned arrangements to ensure adequate

protection against any exposure or radioactive

contamination liable to extend beyond the perimeter of

the workplaces or radioactive contamination liable to

extend to the ground beneath the facility;

(c) pursuant to regulation 87, plans for the discharge of

radioactive effluents;

(d) the results of a screening assessment of the doses liable

to be received by the population as a result of any

practice carried out by it; and

(e) a statement of planned measures to control the access of

members of the public to the facility.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(4) The Commission shall, pursuant to regulation 87, where

appropriate, establish limits and conditions on the quantities of

radionuclides discharged to air or water during a specified period,

which shall take into account

(a) the results of the optimisation of radiation protection;

(b) good practice in the operation of similar facilities; and

(c) where appropriate, results of generic screening

assessment based on internationally recognised

scientific guidance, where such an assessment has

been required by the Commission..

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings shall estimate doses to members of

the public (which excludes occupational and medical doses) from

their practices.

(2) Undertakings shall provide the following information

with regard to public doses

(a)

An estimate of public doses prior to the

commencement of the practice.

(b)

Initial measurements of the relevant parameters

to confirm their estimate given, above once the practice is

functioning.

(c)

Results of routine re-assessments

and

measurements of the relevant parameters are performed.

(3)

The Secretariat shall in particular

(a)

decide on a reasonable extent of surveys to be

conducted and information to be taken into account in order to

identify the representative person, taking into account the

effective pathways for transmission of the radioactive

substances;

(b)

decide on a reasonable frequency of monitoring

of the relevant parameters as determined in paragraph (a);

(c)

ensure that the estimates of doses to the

representative person include

(i)

assessment of the doses due to external

radiation, indicating, where appropriate, the type of the

radiation in question;

(ii) assessment

of

the

intake

of

radionuclides, indicating the nature of the radionuclides

and, where necessary, their physical and chemical states,

and determination of the activity concentrations of these

radionuclides in food and drinking water or other

relevant environmental media;

(iii)

assessment

of

the

doses

that

the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

representative person, as identified in paragraph (a), is

liable to receive;

(d)

require records relating to measurements of

external exposure and contamination, estimates of intakes of

radionuclides, and the results of the assessment of the doses

received by the representative person to be kept and be made

available on request to all stakeholders.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Pursuant to regulation 37(f), undertakings who

wish to discharge radioactive effluents shall apply to the Secretariat for

a discharge license.

(2) Undertakings shall provide to the Secretariat an estimate

of doses to individuals from the proposed discharges using generic

screening assessment based on internationally recognised scientific

guidance as part of their application for a discharge license.

(3) The Secretariat shall examine and approve plans for the

discharge of radioactive effluents and issue a discharge license.

(4) The Secretariat shall where appropriate establish

authorised limits as part of the discharge license and conditions for

discharging radioactive effluents which shall

(a)

take into account the results of the optimisation of

radiation protection;

(b)

reflect good practice in the operation of similar

facilities.

(5)

The Secretariat shall require the undertaking

responsible for practices where a discharge authorisation is

granted to monitor appropriately or where appropriate evaluate

the radioactive airborne or liquid discharges into the

environment in normal operation and to report the results

annually to the Secretariat.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertaking shall carry out the following tasks

(a)

achieve and maintain an optimal level of

protection of members of the public;

(b)

accept into service adequate equipment and

procedures for measuring and assessing exposure of members of

the public and radioactive contamination of the environment;

(c)

check the effectiveness and maintenance of

equipment as referred to in paragraph (b) and ensure the annual

recalibration of measuring instruments;

(d)

seek advice from a radiation protection expert in

the performance of the tasks referred to in paragraphs (a), (b)

BASIC SAFETY STANDARDS FOR IONISING RADIATION

and (c).

(SECTION 2)

EMERGENCY EXPOSURE SITUATIONS

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission shall develop and maintain the

national radiological emergency plan referred to in Article 31 of the

Act in consultation with the Civil Protection Department.

(2) The national radiological protection plan shall be

developed following a national radiological hazard assessment that

shall be performed by the Commission.

(3)

The national radiological protection plan shall be tested

at appropriate intervals.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings are to notify either the Secretariat

or the Civil Protection Department immediately of any emergency in

relation to the practices for which it is responsible and to take all

appropriate action to reduce the consequences.

(2) Undertakings shall make an initial provisional

assessment of the circumstances and consequences of the emergency

and assist with protective measures.

(3) Undertakings shall ensure that provision is made for

protective measures with regard to

(a)

the radiation source, to reduce or stop the

radiation, including the release of radionuclides;

(b)

the environment, to reduce the exposure to

individuals resulting from radioactive substances through

relevant pathways;

(c)

individuals, to reduce their exposure.

(1)

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

In the event of an emergency on or outside

Maltese territory, the Commission shall

(a)

work with the civil protection authorities to

organise the appropriate protective measures, taking account of

the real characteristics of the emergency and in accordance with

the optimised protection strategy as part of the national

radiological emergency plan referred to in regulation 89,

whereby the elements to be included in an emergency response

plan are indicated in Section B of the Tenth Schedule;

(b)

coordinate the recovery of any radioactive

material;

(c)

advice on the termination of nuclear or

radiological emergency and the transition to normal activities;

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(d)

assess and record the consequences of the

emergency and of the effectiveness of the protective measures.

(2) Undertakings shall have appropriate emergency

preparedness and response procedures in place as indicated in the

Tenth Schedule.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

If the situation so requires, ensure that provision is made

to organise the medical treatment of those affected by the Ministry of

Health with the Secretariat providing any required advice.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Secretariat shall ensure that the members of the

public likely to be affected in the event of an emergency are given

information about the health protection measures applicable to them

and about the action they should take in the event of such an

emergency.

(2) The information supplied shall include at least the

elements set out in Section A of the Eleventh Schedule.

(3) The information shall be communicated to the members

of the public referred to in sub-regulation (1) without any request

being made.

(4) The Commission shall ensure that the information is

updated and distributed at regular intervals and whenever significant

changes take place. This information shall be permanently available to

the public.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Secretariat and Civil Protection Department

shall ensure that, when an emergency occurs, the members of the

public actually affected are informed without delay about the facts of

the emergency, the steps to be taken and, as appropriate, the health

protection measures applicable to these members of the public.

(2) The information provided shall cover those paragraphs

listed in Section B of the Eleventh Schedule which are relevant to the

type of emergency.

(SECTION 3)

EXISTING EXPOSURE SITUATION

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission shall ensure that the National

Radioactivity Monitoring Programme is maintained.

(a)

In connection with the National Radioactivity

Monitoring Programme

(b)

The Commission shall ensure that the appropriate

government entities have an environmental monitoring

programme for ionizing radiation and radioactivity, as part of

the National Radioactivity Monitoring Programme, and in doing

BASIC SAFETY STANDARDS FOR IONISING RADIATION

so take into consideration any recommendations from the

European Commission. The minimum elements of the national

monitoring programme are given in the Table 1 of the Twenty

First Schedule.

(c)

Entities performing the monitoring for the

National Radioactivity Monitoring Programme shall enter into

a formal arrangement with the Commission for the provision

of the result data.

(d)

The entity performing the monitoring and the

Commission shall review the results.

(e)

The Commission shall collate the results and

send them to European Commission as required.

(f)

The Commission shall Produce an annual report

of the results which may be made public.

(2) The Secretariat shall require undertakings to perform

environmental monitoring as appropriate in connection with their

practices.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The Commission shall ensure that optimised

protection strategies for managing contaminated areas shall

include, where applicable, the following

(a)

objectives, including long-term goals pursued by

the strategy and corresponding reference levels, in accordance

with regulation 7;

(b)

delineation of the affected areas

and

identification of the affected members of the public;

(c)

consideration of the need for and extent of

protective measures to be applied to the affected areas and

members of the public;

(d)

consideration of the need to prevent or control

access to the affected areas, or to impose restrictions on living

conditions in these areas;

(e)

assessment of the exposure of different groups in

the population and assessment of the means available to

individuals for controlling their own exposure.

(2) For areas with long-lasting residual contamination the

Commission shall consult entities that have responsibilities for land

use planning, land ownership, environmental protection and public

health and shall advise the government on allowing habitation and

the resumption of social and economic activities, to ensure that

arrangements are in place, as necessary, for the ongoing control of

exposure with the aim of establishing living conditions that can be

considered as normal, including

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(a) establishment of appropriate reference levels;

(b) establishment of an infrastructure to support continuing

self-help protective measures in the affected areas, such

as information provision, advice and monitoring;

(c) if appropriate, remedial measures;

(d) if appropriate, delineated areas.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The reference level for the annual average activity

concentration in air shall is 300 Bq m -3 .

(2) Under the national action plan referred to in regulation

127, The Commission shall promote action to identify dwellings, with

radon concentrations (as an annual average) exceeding the reference

level and encourage, where appropriate by technical or other means,

radon concentration-reducing measures in these dwellings.

(3) The Commission shall ensure that national information is

made available on indoor radon exposure and the associated health

risks, on the importance of performing radon measurements and on the

technical means available for reducing radon concentrations.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The reference level applying to indoor external

exposure to gamma radiation emitted by building materials, in addition

to outdoor external exposure, shall be 1mSv per year.

(2)

For building materials which are identified by the

Commission as being of concern from a radiation protection point of

view, taking into account the indicative list of materials set out in the

Twelfth Schedule with regard to their emitted gamma radiation, the

Commission shall consult with the entity responsible for placing

materials on the market in order that, before such materials are placed

on the market

(a)

the activity concentrations of the radionuclides

specified in the Seventh Schedule are determined, and that,

(b)

information to the Commission on the results of

measurements and the corresponding activity concentration

index, as well as other relevant factors, as defined in the Seventh

Schedule are provided if requested.

(3) For types of building materials identified in accordance

with sub-regulation (2) which are liable to give doses exceeding the

reference level, the Commission consults the entity responsible for

building and construction on appropriate measures, which may include

specific requirements in relevant building codes or restrictions on the

envisaged use of such materials.

(3) For types of building materials identified in accordance

with sub-regulation (2) which are liable to give doses exceeding the

reference level, The Commission shall decide on appropriate

measures, which may include specific requirements in relevant

BASIC SAFETY STANDARDS FOR IONISING RADIATION

building codes or restrictions on the envisaged use of such materials.

Part IX

RESPONSIBILITIES AND OTHER ELEMENTS OF

REGULATORY CONTROL

(SECTION 1)

GENERAL RESPONSIBILITIES OF UNDERTAKINGS

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertakings shall promote a safety culture within its

organisation.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings

shall

establish

a

radiation

protection programme.

The radiation protection programme may form part of the

undertakings wider quality assurance programme.

(2)

The radiation protection programme shall be

(a)

commensurate to the

complexity

and

radiological safety and security risks;

(b)

take into account the prior safety assessment

pursuant to regulation 101;

(c)

take into account all the relevant provisions of

these regulations;

(d)

documented;

(e)

subject to periodic review by the undertaking;

(f)

made available as appropriate to employees of

the undertaking and

(g)

made available at the request of the Secretariat.

(3) The radiation protection programme shall indicate the

assignment of responsibilities of safety within the undertaking. The

undertaking shall be able to demonstrate leadership in radiation

safety matters at the highest levels in an organization.

(4) Undertakings shall record any report received from a

worker that identifies any radiological safety concerns or and shall

take appropriate action

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) It is the responsibility of the undertaking to ensure that

a p p r o p r i a t e s a f e t y a s s e s s m e nt / s a r e p e r f o r m e d . T h e s a f e t y

assessment shall

(a) identify ways in which potential exposures or

accidental and unintended medical exposures could

BASIC SAFETY STANDARDS FOR IONISING RADIATION

occur;

(b) estimate, to the extent practicable, the probabilities and

magnitude of potential exposures;

(c) assess the quality and extent of protection and safety

provisions, including engineering features, as well as

administrative procedures;

(d) define the

operational

limits

and

conditions

of

operation.

(2) Before an undertaking commences a new practice or work

activity in which no safety assessment has been made, a suitable and

sufficient assessment shall be made.

(3) When carrying out safety assessments undertakings, shall

give adequate consideration to

(a)

That prior to performing the assessment the

undertaking shall have the necessary expertise and data

available.

(b)

The manner in which all practices that can effect

workers and any other persons that give rise to radiation risks.

(c)

That the primary purpose of the safety assessment

is to

(i)

Determine whether there is an adequate

level of radiation safety has or will be achieved.

(ii) Determine that the safety objectives

established by the designer have been achieved.

(iii) Determine that the safety objectives of the

undertakings have been achieved.

(iv) Determine that the operation is in

compliance with the obligations on the undertaking as

laid down in these regulations

(d)

The assessment of the site characteristics.

(e)

The identification and assessment of risks.

(f)

The specification and assessment of safety

functions.

(g)

The determination of whether adequate safety

measures are in place.

(h)

The determination of the adequacy of engineering

aspects.

(i)

The assessment of how human interactions can

BASIC SAFETY STANDARDS FOR IONISING RADIATION

effect safety.

(j)

The assessment of safety over the lifetime of a

facility or activity.

(k)

If defense in depth is used, the assessment shall

determine whether adequate provisions have been made at

each of the levels of protection.

(l)

If the facility or practise has different

operational states, then the performance of the facility or

activity needs to be assessed in the safety analysis, including,

if necessary, the post-operational phase.

(m)

Any calculation methods used in the safety

analysis shall undergo verification and validation.

(4)

Once the assessment is carried out

(a)

The results and findings of the safety assessment

shall be documented.

(b)

The undertaking shall consider the need to carry

out an independent verification of the safety assessment before

it is used by the operating organization or submitted to the

Secretariat.

(c)

The results of the safety assessment shall be

used to specify the programme for maintenance, surveillance

and inspection; to specify the procedures to be put in place for

all operational activities significant to safety, and for

responding to anticipated operational occurrences and

accidents; to specify the necessary competences for the staff

involved in the facility or activity; and to make decisions in an

integrated, risk informed approach.

(d)

The safety assessment shall be periodically

reviewed and updated.

(5) Where the assessment made for the purposes of this

regulation shows that a radiation risk to workers or other persons

exists from an identifiable radiation accident, the undertaking shall

take all reasonably practicable steps to-

(a)

prevent any such accident;

(b)

limit the consequences of any such accident

which does occur; and

(c)

provide workers with the appropriate

information, instruction and training, and with the equipment

necessary to restrict their exposure to ionising radiation.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(SECTION 2)

INSTITUTIONAL INFRASTRUCTURE

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission has the responsibility to

recognize

(a)

occupational health services;

(b)

dosimetry services;

(c)

radiation protection experts;

(d)

medical physics experts;

(e)

training organizations or individuals referred to in

regulation 14;

(f)

technical service providers.

(2) Commission shall make available the criteria required for

recognition for services or experts given in sub-regulation (1).

(3) Commission shall issue approval certificates for the

entities referred to in sub-regulation (1) and approval certificates shall

be time limited and may specify limitations.

(4) The Commission shall endeavour to ensure that the

necessary arrangements are in place to ensure the continuity of

expertise of these services and experts.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall ensure that occupational health

services perform medical surveillance of exposed workers, in

accordance with Part VI, with regard to their exposure to ionising

radiation and their fitness for the tasks assigned to them involving

work with ionising radiation.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Dosimetry services shall determine internal or external

doses to exposed workers subject to individual monitoring, in order to

record the dose in cooperation with the undertaking and in the case of

outside workers, the employer of the outside worker, and where

relevant the occupational health service.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) A radiation protection expert is to give competent

advice to the undertaking on matters relating to compliance with

applicable legal requirements, in respect of occupational and public

exposure.

(2) The advice of the radiation protection expert shall cover,

where relevant, but not be limited to, the following

(a)

requirements

of

a

radiation

protection

BASIC SAFETY STANDARDS FOR IONISING RADIATION

programme;

(b)

development of safety culture;

(c)

optimisation and establishment of appropriate

dose constraints;

(d)

plans for new installations and the acceptance

into service of new or modified radiation sources in relation to

any engineering controls, design features, safety features and

warning devices relevant to radiation protection;

(e)

categorisation of controlled and supervised areas

(f)

classification of workers;

(g)

workplace

and

individual

monitoring

programmes and related personal dosimetry;

(h)

appropriate

radiation

monitoring

instrumentation;

(i)

quality assurance;

(j)

environmental monitoring programme;

(k)

arrangements

for

radioactive

waste

management;

(l)

arrangements for prevention of accidents and

incidents;

(m)

preparedness

and

response

in

emergency

exposure situations;

(n)

training and retraining programmes for exposed

workers;

(o)

investigation and analysis of accidents and

incidents and appropriate remedial actions;

(p)

employment

conditions

for

pregnant

and

breastfeeding workers;

(q)

preparation of appropriate documentation

required under the radiation protection programme such as

prior safety assessments and written procedures.

(3) The radiation protection expert shall, where appropriate,

liaise with the medical physics expert.

(4) The radiation protection expert may be assigned by the

undertaking the performance of the tasks of radiation protection of

workers and members of the public.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(5) Where a radiation protection expert is consulted pursuant

to the requirements of these regulations the undertaking shall appoint

that radiation protection expert in writing and shall include in that

appointment the scope of the advice which the radiation protection

expert is required to give.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Radiation protection experts need to be recognized by

the Commission and will need to meet the following generic criteria

(a)

have a degree in radiation protection, physics,

engineering, mathematics, radiography or a suitable

combination of other qualifications and experience; and

(b)

sufficient work experience directly concerned

with radiation protection practice; and

(c)

undertake continued professional development.

(2) The Commission shall issue detailed requirements for

different applications based on the generic criteria given in the above.

(3) Radiation protection experts shall need re-certification by

the Commission.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Medical physics experts are to act or give

specialist advice, as appropriate, on matters relating to radiation

physics for implementing the requirements set out in Part VII and in

paragraph (b) of regulation 31(1).

(2) Depending on the medical radiological practice, the

medical physics expert shall take responsibility for dosimetry,

including physical measurements for evaluation of the dose delivered

to the patient and other individuals subject to medical exposure, give

advice on medical radiological equipment, and contribute in particular

to the following

(a)

radiation protection programme;

(b)

development of safety culture;

(c)

optimisation of the radiation protection of patients

and other individuals subject to medical exposure, including the

application and use of diagnostic reference levels;

(d)

the definition and performance of quality

assurance programmes of the medical radiological equipment;

(e)

testing of medical radiological equipment;

(f)

the preparation of technical specifications for

medical radiological equipment and installation design;

(g)

the surveillance of the medical radiological

BASIC SAFETY STANDARDS FOR IONISING RADIATION

installations;

(h)

the analysis of events involving, or potentially

involving, accidental or unintended medical exposures;

(i)

the selection of equipment required to perform

radiation protection measurements;

(j)

the training of practitioners and other staff in

relevant aspects of radiation protection.

(3) The medical physics expert shall, where appropriate,

liaise with the radiation protection expert.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall issue approval certificates for

medical physics experts for a validity period of not greater than a

period of five years in a specialty (radiotherapy, nuclear medicine,

diagnostic and interventional radiology)

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) Medical physics experts shall meet the following

criteria for initial certification by the Commission

(a) be registered by the Council for the Professions

complimentary to Medicine in Malta as a medical

physicist; and

(b) two (2) years documented full time work experience,

within the preceding twenty-eight (28) months, in

specialty (radiotherapy, nuclear medicine, diagnostic

and interventional radiology) with documented

Continuous Professional Development..

(2) Medical physics experts shall meet the following criteria

for re-certification by the Commission

(a)

48 months full time work experience in their

specialty during the valid approval period, but not necessary

48 consecutive months.

(b)

Documented CPD since the last certificate

issued.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

All undertakings and employers of outside

workers shall designate a radiation protection officer.

(2) Undertakings and employers of outside workers shall

provide the radiation protection officers with the means necessary for

them to carry out their tasks.

(3) The radiation protection officer shall report directly to

the undertaking/and employers of outside workers.

(4) The undertaking is to ensure that the radiation protection

officer has sufficient training.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Radiation protection officers are to assist the

BASIC SAFETY STANDARDS FOR IONISING RADIATION

undertaking in the execution of its radiation protection programme.

(2) The undertaking shall specify the specific roles of the

radiation protection officer. The radiation protection officer may be

assigned to perform aspects of the radiation protection programme or

may have a supervisory role of some or all aspects of the programme.

(3) The task of the radiation protection officer may be carried

out by a radiation protection unit established within an undertaking or

by a radiation protection expert.

(SECTION 3)

CONTROL OF RADIOACTIVE SOURCES

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Secretariat shall specify in a license the

arrangements for use of unsealed sources. The Secretariat shall specify

in a separate discharge license conditions with regard to storage,

disposal and discharge to the environment of unsealed sources.

(2) The undertaking shall, as appropriate and to the extent

possible, keep records of unsealed sources under its responsibility,

including location, transfer, disposal and discharge to the environment.

The Secretariat shall require undertakings to notify it of discharges

from its facility on an annual or more frequent basis, as specified in

their appropriate license.

(3) Undertakings holding an unsealed radioactive source to

notify the Secretariat promptly of any loss, theft, significant spill, or

unauthorised use or release.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Secretariat shall specify in a license the

arrangements for keeping control of sealed sources with regard to their

location, use, storage and, when no longer required, their recycling or

disposal.

(2) Undertakings shall keep records of all sealed sources

under its responsibility, including location, transfer and disposal.

(3) Undertakings shall give the Secretariat 30 days notice of

the intent to transfer any sealed source and shall not perform any

transfer until clearance is given by the Secretariat.

(4) Undertakings shall notify the Secretariat promptly of any

loss, significant leakage, theft or unauthorised use of a sealed source.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Undertakings shall obtain a prior license from the

Secretariat for any practice involving a high activity source, including

taking possession of a source.

(2)

The Commission shall require that adequate provision, by

way of a financial security or any other equivalent means appropriate to

the source in question, having been made for the safe management of

BASIC SAFETY STANDARDS FOR IONISING RADIATION

sources when they become disused sources, including the case where

the holder becomes insolvent or goes out of business

(3)

The radiation protection progamme shall address the

following issues, which are in addition to the general licensing

requirements set out in Part V, shall be provided to the Commission

when applying for a license

(a)

the safe and secure management of sources;

(b)

disused sources, including agreements regarding

the transfer, if appropriate, of disused sources to a supplier,

another licensee;

(c)

assignment

of

responsibilities

within

the

undertaking;

(d)

provision of minimum

staff

competencies,

including information and training;

(e)

obtaining the minimum source, source container

and additional equipment performance criteria;

(f)

emergency procedures and communication links;

(g)

work procedures to be followed;

(h)

maintenance

of

equipment,

sources

and

containers;

(i)

adequate management of disused sources,

including agreements regarding the transfer, if appropriate, of

disused sources to a supplier, another authorised holder or a

recognised installation;

(j)

developed a security plan or assessment including

measures to detect and delay the unauthorised access to, or the

theft, loss or unauthorised use or removal of radioactive sources

during all stages of management. The degree of security

required, shall be dependent on the security level as laid out in

the three columns of Table 1 of the Second Schedule. Security

measures for the different security levels are given in Table 1 in

the Fourteenth Schedule. The security plan or assessment shall

be periodically reviewed and records of such reviews kept;

(k)

minimum performance criteria and maintenance

requirements for equipment and systems used to ensure the

safety and security of radioactive sources;

(l)

measures to determine, as appropriate, the

trustworthiness of individuals involved in the management of

radioactive sources; and

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(m) the confidentiality of information relating to the

security of sources;

(n)

any other specific requirement that the Commission

may require.

(4)

Each undertaking in possession of high activity sealed

sources shall

(a)

ensure that suitable tests, such as leak tests based

on international standards, are undertaken every 14 months in

order to check and maintain the integrity of each source;

(b)

carry out verification that each source and, where

relevant, the equipment containing the source, is still present and

in apparently good condition at its place of use or of storage.

Verification frequency shall be as listed in Table 1 in the

Fourteenth Schedule;

(c)

ensure that each fixed and mobile source is subject

to adequate documented measures, such as written protocols and

procedures, aimed at preventing unauthorised access to or loss or

theft of the source or its damage by fire;

(d)

promptly notify the Secretariat of any loss, leakage,

theft or unauthorised use of a source, arrange for a check on the

integrity of each source after any event, including fire, that may

have damaged the source and, if appropriate, inform the Board

thereof and of the measures taken;

(e)

return each disused source to the supplier or place it

in a facility for long term storage or disposal or transfer it to

another authorised undertaking unless otherwise agreed by the

Commission, without undue delay after termination of the use;

(f)

ascertain that, before a transfer is made, the

recipient holds appropriate license;

(g)

promptly notify the Secretariat of any incident or

accident resulting in unintentional exposure of a worker or a

member of the public.

(5)

Each undertaking in possession of high activity sealed

sources shall in connection for training and information ensure

(a)

includes specific requirements for the safety and

security of the management of sources;

(b)

contain specific information on possible

consequences of the loss of adequate control of sources;

(c) repeated at regular intervals and documented, with a view

to preparing the relevant workers adequately for such events, be

BASIC SAFETY STANDARDS FOR IONISING RADIATION

addressed to exposed workers.

(6) The Commission shall review the radiation protection

programme at the authorisation stage and may impose specific

conditions involving the use of high activity sources in any licence

that may be issued.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The undertaking shall keep records for high-

activity sealed sources which shall include the information set out in

the Thirteenth Schedule.

(2) The undertaking shall provide the Secretariat with an

electronic or written copy of all relevant parts of the records referred

to in sub-regulation (1)

(a)

without undue delay, at the time of the

establishment of such records, which should be as soon as

possible after the source is acquired,

(b)

by the 31st of January of every year,

(c)

if the situation indicated on the information

sheet has changed,

(d)

without undue delay on the closure of the

records for a specific source when the holder no longer holds

this source; in this case the name of the holder or recognised

installation to which the source is transferred shall be

included,

(e)

without undue delay on the closure of such

records when the holder no longer holds any sources, and

(3) The undertaking’s records shall be available for

inspection by the Secretariat.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The manufacturer or supplier shall ensure that

(a)

Each high-activity sealed source is identified by

a unique number. This number shall be engraved or stamped

on the source, where practicable.

The number shall also be engraved or stamped on the

source container. If this is not feasible, or in the case of

reusable transport containers, the source container shall, at

least, bear information on the nature of the source.

(b)

The source container and, where practicable, the

source are marked and labelled with an appropriate sign to

warn people of the radiation hazard.

(2) The manufacturer shall provide a photograph of each

manufactured source design type and a photograph of the typical

source container.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(3) The undertaking shall ensure that each high-activity

sealed source is accompanied by written information indicating that

the source is identified and marked in compliance with sub-regulation

(1) and that the markings and labels referred to in sub-regulation (1)

remain legible. The information shall include photographs of the

source, source container, transport packaging, device and equipment as

appropriate.

(SECTION 4)

ORPHAN SOURCES

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission shall ensure that arrangements

are made for

(a)

raising general awareness of the possible

occurrence of orphan sources and associated hazards; and

(b)

issuing guidance for persons who suspect or have

knowledge of the presence of an orphan source and on the

actions to be taken.

(2) The Commission shall encourage the establishment of

systems aimed at detecting orphan sources at metal recycling

installations, waste handling installations and at ports of entry to Malta

(3) The Secretariat shall provide specialised technical advice

and assistance promptly to persons who suspect the presence of an

orphan source and who are not normally involved in operations subject

to radiation protection requirements.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The

Commission

shall

encourage

the

establishment of systems to detect the presence of radioactive

contamination in metal products at Maltese ports.

(2) Scrap recycling installations and operators of monitoring

equipment at ports shall promptly inform the Secretariat if they suspect

or have knowledge of any contaminated material or radioactive source

at their facility. Any contaminated material or radioactive source shall

not be used, placed on the market, transported or disposed of without

the involvement of the Secretariat.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The national radiological emergency plan, as set

out in regulation 122 shall include provisions for the assignment of

responsibilities, to control and recover orphan sources and to deal with

emergencies due to orphan sources.

(2) The Secretariat shall investigate as appropriate any past

facilities that may have used sources that are not on the national

inventory of sources. Any orphan sources discovered shall be brought

under regulatory control.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The Commission shall obtain the costs of recovering,

BASIC SAFETY STANDARDS FOR IONISING RADIATION

managing, controlling and disposing of the sources from the

government which may result from implementation of regulation

118. (SECTION 5)

SIGNIFICANT EVENTS

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Undertaking shall

(a)

implement, as appropriate, a recording and

analysis system of significant events involving or potentially

involving accidental or unintended exposures;

(b)

promptly notify the Secretariat of the occurrence

of any significant event resulting or liable to result in the

exposure of an individual beyond the operational limits or

conditions of operation specified in authorising requirements

with regard to occupational or public exposure or as defined

by the Commission for medical exposure, including the results

of the investigation and the corrective measures to avoid such

events.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission, shall, working closely with

Civil Protection, develop emergency management systems. These

systems shall be integrated in the national radiological emergency

plan. The national radiological emergency plan shall include the

elements listed in the Tenth Schedule.

(2) The national radiological emergency plan shall take into

account the risks identified in the national radiological hazard

assessment performed by the Commission.

(3)

The national radiological emergency plan shall

(a)

have the objective of avoiding tissue reactions

leading to severe deterministic effects in any individual from

the affected population and reducing the risk of stochastic

effects, taking account of the general principles of radiation

protection and the reference levels referred to in Part III;

(b)

include provision for the transition from an

emergency exposure situation to an existing exposure

situation;

(c)

be tested, reviewed and, as appropriate, revised

at regular intervals, taking into account lessons learned from

past emergency exposure situations and taking into account the

results of the participation in emergency exercises at national

and international level;

(d)

where appropriate, incorporate relevant elements

of the emergency management system referred to in regulation

BASIC SAFETY STANDARDS FOR IONISING RADIATION

122(1), 122(2);

(e)

The national radiological emergency plan shall

provide for the establishment of specific emergency response

plans to address specific issues.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission shall cooperate with other

Member States and with third countries in addressing possible

emergencies on its territory which may affect other Member States or

third countries, in order to facilitate the organisation of radiological

protection in those Member States or third countries.

(2) The Commission shall, in the event of an emergency

occurring on its territory or likely to have radiological consequences

on its territory, promptly establish contact with all other Member

States and with third countries which may be involved or are likely to

be affected with a view to sharing the assessment of the exposure

situation and coordinating protective measures and public information

by using, as appropriate, bilateral or international information

exchange and coordination systems. These coordination activities shall

not prevent or delay any necessary actions to be taken on a national

level.

(3) The Commission shall promptly share information and

cooperate with other relevant Member States, relevant third countries

and relevant international organisations regarding the loss, theft or

discovery of high-activity sealed sources, other radioactive sources

and radioactive material of concern and regarding related follow-up or

investigations, without prejudice to relevant confidentiality

requirements and relevant national legislation.

(4) The Commission, where appropriate, cooperate with other

Member States and with third countries in the transition from an

emergency exposure situation to an existing exposure situation.

(5) The Secretariat, where appropriate, shall provide

information to other Member States and with third countries of

undeclared radioactive material detected at Maltese ports.

(SECTION 6)

EXISTING EXPOSURE SITUATIONS

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Commission shall ensure that measures are

taken, upon indication or evidence of exposures that cannot be

disregarded from a radiation protection point of view, to identify and

evaluate existing exposure situations taking into account the types of

existing exposure situations listed in the Fifteenth Schedule, and to

determine the corresponding occupational and public exposures.

(2) The Commission may decide, having regard to the

general principle of justification, that an existing exposure situation

warrants no consideration of protective or remedial measures.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(3) Existing exposure situations which are of concern from

a radiation protection point of view and for which legal responsibility

can be assigned shall be subject to the relevant requirements for

planned exposure situations and accordingly such exposure situations

shall be required to be notified as specified in regulation 34(4).

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1) The Commission strategy to ensure the appropriate

management of existing exposure situations commensurate with the

risks and with the effectiveness of protective measures shall

consider

(a)

delineation of the affected areas and identification

of the affected members of the public;

(b)

consideration of the need for and extent of

protective measures to be applied to the affected areas and

members of the public;

(c)

consideration of the need to prevent or control

access to the affected areas, or to impose restrictions on living

conditions in these areas;

(d)

assessment of the exposure of different groups in

the population and assessment of the means available to

individuals for controlling their own exposure;

(e)

controls

on

commodities

incorporating

radionuclides from the contaminated area;

(f)

consideration of the need to ensure that the form,

scale and duration of all protective measures in the strategy are

optimised; and

(g)

provision for cooperation, where appropriate, with

entities responsibilities for land use planning, land ownership,

environmental protection and public health.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

Following consultations with entities responsible

for land use planning, land ownership, environmental protection and

public health, the Commission shall advise these entities and the

government on the implementation of strategies for the management

of existing exposure situations, and ensure appropriate coordination

between the entities involved in the implementation of remedial and

protective measures. Stakeholders shall be involved as appropriate in

decisions regarding the development and implementation of

strategies for managing exposure situations.

(2) The form, scale and duration of all protective measures

considered for implementation of a strategy shall be optimised.

(3) The distribution of doses that has resulted from the

implementation of a strategy shall be assessed. Further efforts shall

be considered with the aim of optimising protection and reducing any

exposures that are still above the reference level.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

(4) In the implementation of a strategy the Commission shall

regularly

(a)

evaluate the available remedial and protective

measures for achieving the objectives and the efficiency of

planned and implemented measures;

(b)

provide information to exposed populations on the

potential health risks and on the available means for reducing

their exposure;

(c)

provide guidance for

the

management

of

exposures at individual or local level;

(d)

with regard to activities that involve naturally

occurring radioactive material and are not managed as planned

exposure situations, provide information on appropriate means

for monitoring concentrations and exposures and for taking

protective measures.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

In application of regulation 124(1) the

Commission shall establish a national action plan addressing long-term

risks from radon exposures in dwellings, buildings with public access

and workplaces for any source of radon ingress, whether from soil,

building materials or water. The action plan shall take into account the

issues set out in the Sixteenth Schedule and be updated on a regular

basis.

(2) The Commission shall make recommendations to the

entity responsible for building and construction on any appropriate

measures that may need to be included in the national building codes

to reduce radon ingress into new buildings.

(3) Commission shall identify areas where the radon

concentration (as an annual average) in a significant number of

buildings is expected to exceed the relevant national reference level.

(SECTION 7)

SYSTEM OF ENFORCEMENT

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

(1)

The Secretariat shall establish a system or systems

of inspection to enforce the provisions adopted pursuant to these

regulations and to initiate surveillance and corrective action where

necessary.

(2) The Secretariat shall establish an inspection programme

taking into account the potential magnitude and nature of the hazard

associated with practices, a general assessment of radiation protection

issues in the practices, and the state of compliance with the provisions

adopted pursuant to these regulations.

(3)

The Secretariat shall ensure that the findings from each

BASIC SAFETY STANDARDS FOR IONISING RADIATION

inspection are recorded and communicated to the undertaking

concerned. If the findings are related to an outside worker or workers,

where appropriate, the findings shall also be communicated to the

employer of the outside worker.

(4) The Secretariat shall ensure that outlines of the

inspection programmes and the main findings from their

implementation are available to the public.

(5) The Secretariat shall ensure that mechanisms are in

place for the timely dissemination to relevant parties, including

manufacturers and suppliers of radiation sources and, where

appropriate, international organisations, of protection and safety

information concerning significant lessons learned from inspections

and from reported incidents and accidents and related findings.

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

Pursuant to the Act, the Secretariat has the power to

require any individual or legal person to take action to remedy

deficiencies and prevent their recurrence or to withdraw, where

appropriate, authorisation when the results of a regulatory inspection

or another regulatory assessment indicate that the exposure situation

is not in compliance with the provisions adopted pursuant to these

regulations.

Part X

REPEAL

Laws of Malta — Subsidiary Legislation 585.1 — BASIC SAFETY STANDARDS FOR IONISING RADIATION REGULATIONS

The following regulations are hereby repealed

(a) Radiological Emergency (Information to the Public)

Regulations;

(b) regulations 17 to 59 of Nuclear Safety and Radiation

Protection Regulations;

(c) Control and Security of High-Activity Radioactive and

Orphan Sources Regulations; and

(d) Medical Exposure (Ionising Radiation) Regulations.

BASIC SAFETY STANDARDS FOR IONISING RADIATION

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