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Page 1: REGULATIONS Occupational Safety, Health and Environment · of occupational safety, health and environment in relation to ionizing radiation regulations occupational safety, health

53MINISTERIAL REGULATION ON THE PRESCRIBING OF STANDARD FOR ADMINISTRATION AND MANAGEMENTOF OCCUPATIONAL SAFETY, HEALTH AND ENVIRONMENT IN RELATION TO IONIZING RADIATION

REGULATIONS

Occupational Safety, Health and Environment

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54 MINISTERIAL REGULATION ON THE PRESCRIBING OF STANDARD FOR ADMINISTRATION AND MANAGEMENTOF OCCUPATIONAL SAFETY, HEALTH AND ENVIRONMENT IN RELATION TO IONIZING RADIATION

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55MINISTERIAL REGULATION ON THE PRESCRIBING OF STANDARD FOR ADMINISTRATION AND MANAGEMENTOF OCCUPATIONAL SAFETY, HEALTH AND ENVIRONMENT IN RELATION TO IONIZING RADIATION

REGULATIONS

Occupational Safety, Health and Environment

MINISTERIAL REGULATION

ON THE PRESCRIBING OF STANDARD FOR

ADMINISTRATION AND MANAGEMENT OF

OCCUPATIONAL SAFETY, HEALTH AND

ENVIRONMENT IN RELATION TO IONIZING RADIATION

B.E. 2547 (A.D. 2004)

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57MINISTERIAL REGULATION ON THE PRESCRIBING OF STANDARD FOR ADMINISTRATION AND MANAGEMENTOF OCCUPATIONAL SAFETY, HEALTH AND ENVIRONMENT IN RELATION TO IONIZING RADIATION

REGULATIONS

Occupational Safety, Health and Environment

MINISTERIAL REGULATION

ON THE PRESCRIBING OF STANDARD FOR

ADMINISTRATION AND MANAGEMENT OF

OCCUPATIONAL SAFETY, HEALTH AND

ENVIRONMENT IN RELATION TO IONIZING RADIATION

B.E. 2547 (A.D. 2004)

By virtue of Section 6 and Section 103 of theLabour Protection Act B.E. 2541 (1998), which is thelaw that contains certain provisions in relation to therestriction of rights and liberty of the individual whichare permitted under Section 29 coupled with Section31, Section 35, Section 48 and Section 50 of theConstitution of the Kingdom of Thailand, the Ministerof Labour hereby issues the Ministerial Regulation asfollows:

CHAPTER 1

GENERAL

Clause 1 In this Ministerial Regulation:

çRadiationé means ionizing radiation.

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çIonizing radiationé means energy in the formof electromagnetic wave or any particle of radiationwhich may cause ionization either directly or indirectlyin its passage medium, such as Alpha rays, Beta rays,Gamma rays, X-rays, Neutron particles, electron athigh speed, (or) Proton at high speed, etc.

çSourceé means any material which emanatesradiation by disintegration of nucleus or can causeradiation by other means irrespective of the source,either of the sealed or the unsealed type.

çUnsealed sourceé means the unsealed, uncontained,or covered permanently in the sealed, strong cover orcovering materials in the radioactive source sufficientlydurable to prevent leakage, flux, spilling, dropping, orsplashing of radioactive substances.

çRadioactive wasteé means any material which iscomposed of contaminates with radioactive substancesand that is not useful.

çAmount of accumulated radiationé means thesum total (total sum of) of radiation amount the bodyobtains.

çControlled areaé means an area defined as theradiation area and an area of high radiation.

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çRadiation areaé means an area having a rate ofamount of radiation exceeding 2.5 micro Sievert perhour, but not exceeding 25 micro Sievert per hour.

çHigh radiation areaé means an area having rateof amount of radiation exceeding 25 micro Sievert perhour.

çDosimeteré means an instrument which measuresthe amount of radiation by wearing or attaching tovarious parts of the employeeûs boby to record theamount of accumulated radiation to which the employeehas obtained according to the duration of performingwork in relation to radiation. The radiation value can beread immediately or subsequently analyzed, i.e., filmbadge, film ring, TLD badge, TLD ring, TLD capsule,pocket chamber, pocket dosimeter, etc.

çProduceé means make, mix, prepare, makepreparations, convert, change form and inclusively meansfilling in, storage, removal, and labeling or brand, logoon the packet, container, cover or covering materials forradioactive substance.

çHaving in possessioné means having in possession,whether or for oneself or others, and whether or not forsale, transportation, for use or for other purposes and

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also means being left over or appeared in the areaof possession.

CHAPTER 2

CONTROL AND PREVENTION OF DANGER

Clause 2 The employer who produces orpossesses a radioactive source shall report, within sevendays from the date of production and possession,the amount and degree of radiation power of theradioactive source to the Director-General or theperson designated by the Director-General.

In the event that the employer produces oroccupies the radioactive source before the date thisministerial regulation comes into force, the employershall report the amount and degree of the radiationpower of the radioactive source to the Director-Generalor the person designated by the Director-General to beeffective seven days from the date this MinisterialRegulation comes into force.

In case of change in the amount or degreeof radioactivity of the radioactive source pursuant toParagraph One or Paragraph Two, which is not the change

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of radioactive substance by natural decay, the employershall report such change to the Director-General orthe person designated by the Director-General withinfifteen days from the date of change.

The report on the amount and degree ofradioactivity pursuant to Paragraph One and ParagraphTwo the report on the change in the amount or degreeof radioactivity of the radioactive source pursuant toParagraph Three shall follow the format prescribed bythe Director-General.

Clause 3 The Employer shall define the controlarea by setting up a fence, enclosure or the linedelineating boundary line and manage to build upa signboard bearing the text with a sign çNo entry,Dangerous Radiationé at least in Thai language in blackletters on a yellow background and have it displayedclearly and visibly in such area.

Clause 4 Any Employee without duty toperform the radiation based work or outsider(s) shallnot be permitted to access into the control area, unlessduly assigned or authorized by the employer; andsubject to the control of a person responsible forradiation technique pursuant to Clause 9.

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The employer is prohibited from permitting apregnant woman to access into the control area.

Clause 5 The employer shall provide aninstrument or equipment that reduce the amount ofradiation at the source or at its passage and shallprescribe the measures and working time to preventthe employees working in the control area from theexcessive amount of radiation as follows:

(1) 20 milli Sievert per year in average of fiveconsecutive years for the head, torso, organs relating toblood creation and reproductive system; however, foreach year, the exposure to the accumulated radiationshall not exceed 50 milli Sievert;

(2) 150 milli Sievert per year for the lens of theeyeball;

(3) 500 milli Sievert per year for skin or handsand feet.

Clause 6 The employer shall arrange for theemployee who is working in relation to radiation to usea personal dosimeter to record the amount of radiationthroughout the working time.

Clause 7 The employer shall prepare the

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monthly data of the amount of accumulated radiationobtained by the employees using the format prescribedby the Director-General. The employer shall inform theamount of accumulated radiation to the employee everytime and shall keep the evidence at the employeeûsworkplace to be ready for inspection by the labourinspection during working hours.

Clause 8 The employer shall assign at leastone qualified employee pursuant to Clause 9 responsiblefor technical radiation in the workplace throughout theperiod of performing work in relation to radiation as toprevent and withhold the radiation danger that mayharm to persons or property which this employee shalltake the duties as follows:

(1) Provide advice or consultation to theemployer and employees on radiation related workingsafety, including advice and consultation to theemployer in designing practical guidelines, regulations,rules or procedures on radiation related working safetyso that the employee can use as a working manual foremployees pursuant to Clause 28.

(2) Inspect and supervise the operation, workingconditions, usage and maintenance of materials,

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equipment and tools including cleaning and removal ofradiation pollution or contamination pursuant to Clause12; (and) then report to the employer for improvementand correction.

(3) Make a statistical record and investigate thecauses of accidents and diseases due to the radiation,and then report to the employer for improvement andcorrection.

(4) Assess the dangers of radiation at theemployerûs workplace according to the radiationmethodology and make the evident record at least oncea month; and apply such assessment to plan and designthe preventative and extinguishing guidelines againstdangers.

(5) Provide advices and information to theemployer for incident reporting pursuant to Clause 21.

In the event that the persons who are responsiblefor radiation technique discharged from the duties, theemployer shall assign new persons to assume theresponsibility for radiation technique from the date theformer left office.

The employer shall report the name andqualifications of the persons responsible for the

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radiation technique pursuant to the Paragraph Oneor the Paragraph Two as the case may be to theDirector-General or the persons designated by theDirector - General using (following) the formatprescribed by the Director-General within seven daysfrom the date of assignment of the person responsiblefor the radiation technique.

Clause 9 The Persons responsible for radiationtechnique shall have one of the following qualifications.

(1) Holds not lower than Bachelor Degree orequivalent in science with at least three credits of thesubject on radiation-danger prevention and completionof its examination.

(2) Undergone a training course on radiationdanger prevention and completion of its examinationprovided by the Office of Atoms for Peace, Ministry ofScience and Technology, or other institutes recognizedby the Department of Labour Protection and Welfare,Ministry of Labour.

Clause 10 The employer is prohibited frompermitting or neglectfully allowing employees to stay,rest, or bring into the control area any food or cigarette.

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Clause 11 The employer shall provide a washingbasin and a bathing place for the employees whoperform the radiation related work, after leaving theduty or before leaving the workplace; and shall requestthe employees to remove the attire used in performingradiation-related work and leave it at a suitable placeseparately.

Clause 12 The employer shall arrange thecleanup operation for working wear, articles, equipment,appliances including a radiation-contaminated area withinreasonable time and by a safety manner.

Clause 13 An employer who produces orpossesses the radiation source shall provide a preventiveand extinguishing plan against the radiationdangers in a normal working condition and in aradiation incident; or a serious accident, and submit thementioned plan, within thirty days from the date ofproduction or occupancy of the radiation source, to theDirector-General or the persons designated by theDirector-General for approval.

In the event that the employer produces orpossess the radiation source before the date thisMinisterial Regulation comes into force; the employer

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shall manage to have a preventive and extinguishingplan against the radiation dangers in a normal workingcondition and in a radiation incident; or a seriousaccident, and submit the mentioned plan to theDirector-General or the persons designated by theDirector-General for approval within thirty days fromthe date this Ministerial Regulation comes into force.

In the event that the employer has a preventiveand extinguishing plan against the radiation dangers ina normal working condition and in a radiation incident;or a serious accident under the law governing the atomicenergy for peace, or under other legislations, theemployer shall submitted the mentioned plan to theDirector-General or the persons designated by theDirector-General within the time prescribed inParagraph One or Paragraph Two as the case may be.

The employer shall arrange a drill, at least once ayear, regarding a preventive and extinguishing plan againstthe radiation dangers in a normal working conditionand in a radiation incident; or a serious accident.

Clause 14 In case of leakage, flux, spilling,dropping or splashing of radioactive substance;an outbreak of fire, radiation emergency or serious

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accident which may harm to or cause illness or death toemployees, the employer shall order every employeeto stop working and evacuate to a safe placeimmediately and the employer shall manage to have aplan for prevention from and suspension of danger fromradiation emergency without delay.

Clause 15 An employer shall store, remove andtransport the radioactive source including handling ofthe radiation waste for safety of the employee subject tothe conditions and method prescribed by the Director-General.

CHAPTER 3

SIGN, LABELS AND DANGER WARNING SIGNALS

Clause 16 The employer shall manage to havedanger warning sign clearly and visibly posted in thearea of radiation, in the area of high radiation, in thearea of splashes of radioactive substance or the area orany rooms in which radioactive substances are stored;in this respect, according to the format prescribed bythe Director-General.

Clause17 The employer shall arrange for

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labels containing sign and texts of danger warning postedon containers used for or as covering material forradioactive substance according to the format definedby the Director-General.

Clause 18 The employer shall manage to havea sign prohibiting the carrying out of the container ormaterials which are polluted or contaminated with theradioactive substance from the facility.

Clause 19 The employer shall install redblinking light signals to give clear and visible warningof danger in an area of high radiation.

Clause 20 The employer shall manage to havean emergency signal system in case of eruption ofradiation emergency incident to ensure that employeesevacuate to the safe area. The emergency signal shallhave the characteristics as follows:

(1) The emergency signal system shall producesound that can be thoroughly heard by employees workingwithin the building at the decibel level of not less than100 decibel (A) measured about one meter perimeterfrom the source point of the sound ;

(2) Equipment that sets off the working of

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the emergency signal shall be in a clearly visible placeand accessible;

(3) The emergency signal shall have the sounddifferent from the sound generally used in the work-place; and the use of such sound in other irrelevantcases shall be prohibited;

(4) Manage to have a working efficiency test ofthe emergency signal system be carried out at leastonce a month.

For hospitals or places which do not require theuse of sound shall be provided with equipment orany other measures such as fire signal that can give awarning effectively.

CHAPTER 4

NOTIFICATION AND REPORT OF INCIDENT

Clause 21 In case of damage, defect, cracksor loss of the radioactive sources which may causeleakage, spillage or splashes, loss, fire outbreak,eruption of emergency radiation incident or seriousaccident which may cause hazards, illness or death ofan employee, the employer shall notify the mentionedincident to the Director-General or the persons

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designated by the Director-General as soon aspossible.

Notification of incident pursuant to ParagraphOne by the employer shall be made either by facsimiletransmission of text or by telephone. In case ofinconvenience to do so, the notification may be madeby other means to pass the message as soon as possible.

Clause 22 The employer shall prepare a reporton incident occurred pursuant to Clause 21 which atleast shall contain details about the causes, extent ofexposure with radiation or radioactive substance, thedegree of intensity of radiation, reason of exposure tothe radiation by employee; solution to the problemsoccurred and preventative steps to repeated incidentfor submission to the Director-General or personsdesignated by the Director-General within thirty daysfrom the occurrence of the radiation incident.

Clause 23 In case of death, illness, hazardsor eruption of disease due to radiation-related workirrespective of cases occurred from causes pursuant toClause 21 or other cases, the employer shall make areport to the Director-General or the persons designatedby the Director-General within fifteen days from the

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death of or harms occurred to the employee thanks toradiation-related work.

Clause 24 The employer shall report theperformance of work of persons responsible fortechnical aspects in relation to radiation to theDirector-General or persons designated by theDirector-General according to timetable as follows:

(1) For the work performance during January toJune, the report shall be made within July of the sameyear;

(2) For the work performance during July toDecember, the report shall be made within January ofthe following year.

The report pursuant to Paragraph One shallfollow the format defined by the Director-General.

CHAPTER 5

PERSONAL SAFETY PROTECTION

Clause 25 The employer shall provide personalprotective equipment such as plastic helmet, fabric gloveor rubber glove, a pair of shoes, cloak made of cottonor rubber, goggle, air filter, breathing apparatus; or

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other necessary equipment with properties capable ofprotecting against the radiation to enter the body to beused or worn by the employee throughout working hoursin relation to the source of unsealed radiation accordingto the condition and characteristics of work.

In the event that the employee does not use orwear personal protective equipment, the employer shallorder the employee to stop working immediately untilthe employee uses or wears the mentioned equipment.

The personal protective equipment provided tothe employee by the employer for using or wearingin the course of working with the unsealed radioactivesource shall follow the standard prescribed by theDirector-General.

Clause 26 The employer shall do the followings:

(1) Produce a manual or documents in relationto the use, method of usage and method of maintenanceof personal protective equipment; and distribute them toevery employee working with unsealed radiation. Thismanual and document at least shall contain the text inThai language;

(2) Demonstrate how to use and maintain thepersonal protective equipment to the relevant persons

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for information;(3) Define the measure or regulations in writing

in relation to the usage and maintenance of personalprotective equipment together with notification toemployees for information.

CHAPTER 6

MISCELLANEOUS

Clause 27 The employer shall provide trainingto employees working in relation to radiation toenhance their understanding and awareness of dangerand method to prevent danger from radiation beforeresuming the duty according to the criteria and methodprescribed by the Director-General.

Clause 28 The employer shall formulate practicalguidelines, regulations, rules or procedures in relationworking safety in respect of radiation, which at least,shall contain the text in Thai language for use by theemployees as operating manual together with postingthem openly at the employeeûs work place for informationof and viewing conveniently by the employees.

Clause 29 The employer shall arrange for the

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employees who are working in relation to the radiationto receive a health checkup at least once a year; and theresults of health checkup shall be kept at the employeeûsworkplace for inspection by the labour inspector duringworking hours.

Clause 30 In the case abnormality in the bodyor illness is detected due to working in relation toradiation; or there is a medical certificate availableissued by a First-class Medical Practitioner to show thatthe employer may not further continue working in thesame duty, the employer shall arrange for employeeto receive a medical treatment immediately; andtemporarily change suitable duty for such employeeaccording to the recommendations of the medicalpractitioner; or as may be deemed appropriate untilthere is a confirmation by the medical practitioner toresume the same duty.

Clause 31 The employer shall keep evidencepursuant to Clause 7 and Clause 29 at the Employerûsworkplace or office for not less than two years from thedate of termination of employment of each employee;unless there is a petition from the Employee made tothe labour inspector; or legal proceedings instituted with

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court in relation to any disease or any hazards to healthof employee, the employer shall keep the said evidenceuntil there is an order from competent labour inspectoror final court judgment as the case maybe.

Clause 32 This Ministerial Regulation shall comeinto force upon the expiration of One Hundred andEighty days of its publication in the GovernmentGazette.

Given on the 24th day of June 2004

-Signed-

(Mrs. Uraiwan Thienthong)Minister of Labour