RER/9/111: Establishing a Sustainable National Regulatory Infrastructure for Nuclear and Radiation Safety TCEU School of Drafting Regulations November 2014 Presentation #1.6 and 1.7 role of regulations, regulatory concepts Cait Maloney Vienna, xx / xx / xx

Objectives and concepts To understand various elements of regulatory framework To introduce concepts of: prescriptive vs performance-based graded approach exemption clearance optimization 2

Hierarchical structure 3 A national legal system should include, as appropriate statutes or laws decrees regulations, ordinances decisions codes of practice safety guides, standards, etc.

Hierarchical structure (2) Acts/Laws have very strong authority (courts) but are difficult to amend quickly. They should empower regulatory authority and establish fundamental principles and concepts. Regulations have strong authority (regulatory penalties) but can usually be amended relatively quickly. Guidance has weak authority but can be adapted very quickly. 4

Hierarchical structure (3) 5

Principal requirements Detailed requirements Practice specific requirements or guidance Legislation Regulations Codes of practice Hierarchical structure (4)

Examples of types of regulation General: establishment of regulatory body administrative processes cost recovery fines 7

Examples of types of regulation (2) Program element specific: radiation protection environmental protection transport radioactive waste security apply to more than one practice 8

Regulatory approach Performance-based regulations “what must be achieved” set out general requirements Prescriptive regulations “how to comply with requirements” set out detailed requirements 9

Performance-based regulations Examples: 10 The licensee shall.. ensure the presence of a sufficient number of qualified workers to carry on the licensed activity safely and in accordance with the Act, the regulations made under the Act and the licence. The licensee shall plan and manage work practices so that occupational and public radiation doses are kept as low as reasonably achievable and shall achieve this through the use of suitable workplace and individual monitoring using recognized measurement techniques.

Performance-based regulations (2) Define what has to be achieved – not how to achieve it Put responsibility on licensee/user to justify methodology and prove compliance 11

Performance-based regulations (3) Advantages: focus on objectives: what must be achieved in terms of protection/safety applicable to a range of practices flexible – can be adapted to evolving circumstances reinforce licensee’s responsibility for safety 12

Performance-based regulations (4) Disadvantages: must be interpreted for each licensee or practice – room for misunderstanding requires higher level of expertise for licensee and regulatory staff not “black or white” 13

Prescriptive regulations Examples: A person shall not use a radiation source for industrial radiographic purposes unless that person is certified as an industrial radiographer by the regulatory body. No person shall use a package of a certified design unless they have received confirmation from the regulatory body that the proposed use of the package has been registered by the regulatory body. 14

Prescriptive regulations (2) 15 Every protected area shall be enclosed by a barrier that is located at its perimeter. The barrier shall be designed and constructed to inhibit any unauthorized entry into the protected area (It) must be one or a combination of the following structures: (a) a fence at least 2.4 m in height constructed of wire chain links made of wire not smaller than gauge number 11, having openings whose sides do not exceed 6 cm in length, and topped with at least three strands of barbed wire or barbed tape installed parallel to the fence on brackets angled outward; (b) a wall at least 2.4 m in height, including any wall that forms part of a building, constructed of steel, wood, concrete, masonry or other substantial material or ……………..

Prescriptive regulations (3) 16 define exactly how to achieve compliance may define protocols (e.g. how to conduct workplace monitoring) may define what type of instruments shall be used may define forms to be used (e.g. what type of records should be maintained) may be specific to certain types of practices

Prescriptive regulations (4) 17 Advantages: easy to determine when requirements are met easy for licensee to comply reduce time and skills necessary to conduct a licensing review or an inspection enable authorization and inspection process to focus on simple verification of compliance

Prescriptive regulations (5) 18 Disadvantages: can drive a “compliance culture” not a “safety culture” does not reinforce licensee’s responsibility for safety require practice specific knowledge and experience need to be regularly amended to keep pace with changes in technology

Principal requirements Detailed requirements Practice specific requirements or guidance Legislation Regulations Codes of practice Hierarchical structure (4)

Codes of Practice Typically developed for specific practices, such as: industrial radiography diagnostic radiology research use of radionuclides fixed and portable gauges 20

Codes of Practice (2) are usually developed and issued by the Regulatory Authority or expert body give practice-specific advice on how to achieve regulatory requirements are not necessarily legally binding – unless linked to authorization 21

Regulatory concepts Graded approach Regulatory requirements and effort must be based on radiation risk posed by the practice. 22

Graded approach (2) dental X-ray unit nuclear medicine facility industrial radiography nuclear power plant 23

Graded approach (3) Covers all aspects of regulatory requirements: safety assessment regulatory review frequency and depth of compliance activities worker training, protective equipment environmental protection program public communications 24

Regulatory concepts: Exemption “Exemption: the determination by a regulatory body that a source or practice need not be subject to some or all aspects of regulatory control on the basis that the exposure and potential exposure… are too small to warrant the application of those aspects….” (radioactive material does not enter regulatory control) 25

Regulatory concepts: Exemption (2) Exemption from regulation: Practices or sources should not come under regulatory control if: radiation risks are sufficiently low regulatory control would not yield worthwhile reduction of risk. (see GSR part 3 Schedule 1 for full explanation) 26

Regulatory concepts: Clearance “Clearance: the removal of regulatory control by the regulatory body from radioactive material or radioactive objects within notified or authorized practices”. (radiation source permitted to leave regulatory control) 27

Regulatory concepts: Clearance (2) Clearance from regulation: Practices or sources may leave regulatory control if: radiation risks are sufficiently low regulatory control would not yield worthwhile reduction of risk. (see GSR part 3 Schedule 1 for full explanation) 28

Rgulatory concepts: Optimization “Optimization of protection and safety: the process of determining what level of protection and safety would result in the magnitude of individual doses, the number of individuals subject to exposure and the likelihood of exposure being ALARA”. i.e. balance cost and dose reduction (below regulatory limits). 29

References / Further Reading GSR Part 1 Requirements 26, 29, 32 GSR Part 3 Requirements 3,4,5,6,8,11,21, Schedule 1 TECDOC-1067 “Organization and implementation of a national regulatory infrastructure governing protection against ionizing radiation and the safety of radiation sources” 30