Class 7 Transport Legislative change & Emergency Arrangements. Michael Nettleton Transport Inspection & Enforcement

Transcription

1 Class 7 Transport Legislative change & Emergency Arrangements Michael Nettleton Transport Inspection & Enforcement michael.nettleton@onr.gov.uk

2 Current legislation relevant to transport of class 7 goods Legislation includes: Carriage of Dangerous Goods and Transportable Pressure Equipment (CDG09) Amended 2011 Modal texts ADR, RID, ADN Ionising Radiations Regulations 1999 (IRR99) Environmental legislation CDG IRR99 Applies to transport by Road & Rail in GB Enforced by ONR Applies to transport in GB Environmental Enforced by HSE excl. nuclear licensed sites Enforced by ONR nuclear licensed sites only Exemptions for in transit storage Enforced by Environment Regulators Air & Sea transport IMDG, ICAO Enforced by MCA and CAA Security during transport of nuclear material NISR Enforced by ONR CNS

3 New CDG09 Authorisations Legislative Changes CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft Authorisation To permit the carriage of solid, non-fissile Class 7 Dangerous Goods and fissile excepted Class 7 Dangerous Goods in with a subsidiary hazard of WASTE ASBESTOS, AMPHIBOLE AND CHRYSOTILE, when Special Provision 168 cannot be utilised because the waste is neither bonded nor a manufactured article and UN approved-packaging is not available due to the size or weight of the item to be transported. Authorisation To permit the transport of Class 7 radioactive material using a Regular Transport Document within Great Britain. A Regular Transport Document can only be used where the same packaging with the same radioactive contents is consigned as a package on a regular basis by the same consignor, who is also the carrier of that package. This authorisation applies only to the same physical item being consigned on more than one occasion.

4 Modal texts Legislative Changes CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft 2017 Version of ADR 7contentse0.html In effect since January 2017 Driver Instructions Now past the date for which pervious Instructions in Writing may be used (30/6/17) electronic cigarettes 2017 Version of RID RID/RID_2017_E.pdf As ADR

5 Legislative Changes REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft Chapter 2 Transport Consultation closed 15 th November ONR is working closely with BEIS, HSE and others on the drafting N.B. The consultation was on policy intent only for changes to CDG Not draft regulations Article 4: Definition of an emergency BEIS proposes to amend the CDGs so that the definition of a radiological emergency: Explicitly includes risks to quality of life, property and the environment. Is equivalent in scope to the BSSD 2013 definition. Reflects the clarity of the IAEA definition. Aligns with that used in the regulations that will replace REPPIR.

6 Legislative Changes REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft Article 4&17 Definition of an emergency worker, prior information, training BEIS propose amending CDG09: To add emergency worker to CDG09 definitions Make provision for emergency workers to be given training and information about the risks they are taking and for this to be updated regularly. Anyone in a transport emergency plan with a role in providing this assistance will be included in the definition of an emergency worker for the purposes of the CDGs.

7 Legislative Changes CDG09 Authorisations Modal Texts BEIS Condoc REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response Article 7 Reference levels The government intends to establish a National Reference Level CDG already requires emergency plans to have regard to the levels of radiation dose applicable in an emergency established by PHE. The government is minded to build on this so that plans also have regard to any National Reference Level. IRR17 Draft Guidance will be developed to support dutyholders in considering the National Reference Level when creating emergency plans in relation to the transport of radioactive material. Optimisation of protection The government does not consider that there needs to be an addition made to the CDGs requiring the carrier and/or consignor to play a role in determining reference levels in an emergency or optimising the response in light of them.

8 Legislative Changes REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft Article 69 Emergency response The government considers that the current arrangements meet the requirements of Article 69 of the BSSD 2013 and does not plan to make any substantive changes to these arrangements. Exception: Article 69(4) see Article 97(3) implementation proposals. Article 70 Information to the public The government considers that the current arrangements meet the requirements of Article 70 of the BSSD 2013 in relation to transport emergencies and does not plan to make any substantive changes to these arrangements.

9 Legislative Changes REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response Article 97 Emergency management system CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft 97(1) The government considers that the current arrangements meet the requirements of Article 97(1) of the BSSD 2013 in relation to transport emergencies and does not plan to make any substantive changes to these arrangements. 97(2) The government considers that the current arrangements meet the requirements of Article 97(2) of the BSSD 2013 in relation to transport emergencies and does not plan to make any substantive changes to these arrangements. NB this includes the BEIS view that the IRR risk assessment should be used to inform what level of emergency planning is appropriate for transport emergencies.

10 Legislative Changes CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft 97(3) The Government view is that the emergency management principles need to be updated to reflect the requirements of Articles 69 and 97(3) of the BSSD 2013 to: Make provision equivalent to that currently found in regulation 13(3)(b) of REPPIR requiring that, in the event of an emergency, the carrier and consignor must make a full assessment of the consequences of the emergency and the effectiveness of the plan in responding to it; Explicitly requiring plans to be designed to reduce or stop the radiation, including the release of radionuclides, to reduce the exposure to individuals resulting from radioactive substances through relevant pathways and to reduce the exposure of individuals to radiation; Explicitly specifying that avoiding tissue reactions leading to severe deterministic effects in any individual from the affected population and reducing the risk of stochastic effects is an objective of emergency plans; Explicitly requiring plans to take account of reference levels; Explicitly requiring plans to be designed to be commensurate with the results of an assessment of potential emergency exposure situations. The government will seek, to the extent possible, to align the revised principles for intervention in the CDGs with the related, revised provisions in the regulations that will replace REPPIR.

11 Legislative Changes REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response Article 98 Emergency preparedness CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft 98(1) The government considers that the prior risk assessment in the IRRs meets the requirement of Article 98, but is of the view that further clarity might be useful to dutyholders. The government is therefore minded to explicitly link the risk assessment made under the IRRs to the transport plan made under the CDGs. 98(3) The transition to recovery from a transport emergency will be determined by the agencies (policy, fire, local authority) leading the response and not by the carrier or consignor. This will be done according to CCA responsibilities for category 1 responders and extensive related administrative arrangements and guidance. Nonetheless, the government proposes to make a small amendment to the CDGs requiring carriers to make provision for this in their plans. 98(4) The government considers that the current arrangements meet the requirements of Article 98(4) of the BSSD 2013 in relation to transport emergencies and does not plan to make any substantive changes to these arrangements.

12 Legislative Changes REVISED REQUIREMENTS FOR RADIOLOGICAL PROTECTION: Emergency preparedness and response CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft Article 105 Enforcement In relation to the IRRs, there is an unusual situation where ONR does not have responsibility for enforcing the IRRs in relation to prior risk assessments made for transport practices. Given the key role that such prior risk assessments play in the emergency management system for transport emergencies, The government intends to rectify this anomaly to ensure that ONR has the powers it needs to take action to remedy deficiencies and prevent their recurrence when the results of a regulatory inspection or another regulatory assessment indicate that a prior risk assessment is not in compliance with the requirements of the relevant regulations.

13 Legislative Changes CDG09 Authorisations Modal Texts BEIS Condoc IRR17 Draft IRR17 Draft : HSE Application to transport Apply to transport as IRR99 Including risk assessment and contingency planning requirements practice means work involving (a) the production, processing, handling, use, holding, storage, transport or disposal of radioactive substances; Graded Approach Consents & Transport Consents issued by HSE for work with HASS will include the practice of transporting HASS.

14 What next? What next? ONR is working closely with BEIS and others on the drafting of CDG (Amendment) Regulations What next? CDG statutory instrument being drafted by Government Lawyers Parliamentary process Publication Implementation

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16 Current requirements 2017 Emergency arrangements Why have them? legally what does it say and where, and in practice, what does this mean? Inspection experiences Outcomes actions taken to encourage and promote compliance Note: Scope of presentation is civil carriage by road in GB of Class 7 (radioactive material) not covering fissile material or sub-risks.

17 ADR/RID European Agreement Concerning the international Carriage of Dangerous Goods by Road, ADR & Rail equivalent (RID) Note1 emergency provisions, as established by relevant national and/or international organizations, shall be observed Instructions in writing as an aid during accident emergency situation, carried in cab, and readily available and the consignor shall provide in the transport documents.emergency arrangements appropriate to the consignment CDG09 Amended 2011 Regulation 24 Schedule 2, paragraphs 4,5,6 in particular a written emergency plan to deal with radiological emergencies i.e. situations where urgent action is required to protect workers, members of the public or the population from exposure to ionising radiation Before carriage, the consignor and carrier must have appropriate emergency arrangements in place. ONR expects this to cover protecting vehicle crew, public, attending emergency services, and environment Review, revise (as necessary) and test arrangements.

18 When do emergency arrangements come into play? (& provide details) notifiable event means radiological emergency (or initiation), loss / theft, other events specified in ADR For the driver, this is once a notifiable event is discovered, or where there is reason to believe that a notifiable event has occurred For the carrier and consignor, when they become aware of the occurrence of a notifiable event

19 Inspection experience Over 100 inspections in the last work year Compliance assessed (RAG) against 14 key thematic areas, including emergency arrangements This allows for targeting of inspections, yields information to support strategy to improve compliance

20 Case studies Carrier: Transporting significant inventories of special form material in Type A and Type B packages Inspection: No emergency arrangements amongst other deficiencies Outcome: Transport stopped until improvement notice/s complied with ONR developed plain English duty holder guidance Consignor/carrier in medical sector: Transporting radiopharmaceuticals in Type A packages regularly. Emergency arrangements previously tested Inspection: Mature, comprehensive emergency plan including consideration given to who and how with evidence of learning and refining arrangements Outcome: Question posed to ONR regarding stance on decay storage of contaminated vehicles guidance.pdf

21 Case studies (continued) NAIR Consignor/carrier in industrial sector: Gauge housing special form sources in Type A package transported routinely. Inspection: Emergency arrangements limited to instructions and equipment for driver. Immediate actions, but then what? Outcome: ONR requiring more developed arrangements including: practical steps relating to consignor/carrier responsibilities Identify who has the competence/capability to assess condition of package? In case where driver/crew incapacitated? Foreign Based Carrier: Delivers significant quantity of radiopharmaceuticals (liquid predominantly in Type A packages) to GB distribution hub Inspection: Awareness of ADR but not GB requirements. Outcome: Significantly revised emergency arrangements, contract in place with UK based responder. ONR developed guidance to highlight domestic obligations which impact on foreign carriers

22 Next steps..for transport duty holders think beyond the drivers actions train all those involved challenge / test your arrangements, and incorporate learning, and repeat (~ annually).. and for ONR Implementation of new legislative requirements review effectiveness of current strategy, informed by feedback from Class7 transport community and inspection experiences