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Chapter Law Content

Title: Ionizing Radiation Protection Act CH
Category: Atomic Energy Council(行政院原子能委員會)
Chapter II Radiation Safety and Protection
Article 5
Safety Standards
In order to limit the radiation exposure from radiation sources or practices, the Competent Authority shall refer to the latest standards of the International Commission on Radiological Protection to lay down the Safety Standards for Protection against Ionizing Radiation, and if warranted, to formulate the relevant guides so as to regulate the levels of radiation protection practice and personal dose limits.
Article 6
Safe Transport of Radioactive Material
In order to ensure the safe transport of radioactive material, the Competent Authority shall lay down the regulations for the safe transport of radioactive material, including the standardization for the operations of packaging, package, shipment, transport, and storage of radioactive material and their authorization as well.
Article 7
Radiation Protection Organizations or Personnel
Paragraph 7.1
The facility operator shall, on the basis of the scale and nature of its practice, and in accordance with the provisions of the Competent Authority, establish an organization for radiation protection, or designate personnel to implement radiation protection for practice.
Paragraph 7.2
For the preceding practice of radiation protection, the facility operator shall draw up a radiation protection plan in advance, and submit it to the Competent Authority. The practice may only be implemented after approval by the Competent Authority. No practice shall be carried out without approval of the plan.
Paragraph 7.3
(1)The criteria for the establishment of radiation protection organizations or the appointment of personnel indicated in Paragraph 7.1,
(2)the qualifications of radiation protection personnel indicated in Paragraph 7.1 and the issuance, period of validity, renewal, replacement, and termination of their certificates; and
(3)other regulations to abide by, shall be laid down by the Competent Authority in consultation with relevant agencies.
Article 8
Safety Standards for Water, Air and Sewerage
Paragraph 8.1
The facility operator shall ensure that in the areas outside the radiation workplace, the level of radiation caused by its practice as well as the concentration of radioactive material in water, air and sewerage does not exceed the limits of the Safety Standards for Protection against Ionizing Radiation.
Paragraph 8.2
The preceding sewerage does not include treatment facilities for polluted water, septic tanks, and filtration ponds owned or operated by the facility operator.
Article 9
Radioactive Discharges
Paragraph 9.1
The facility operator shall not discharge any waste gas or waste water containing radioactive material until after a radiation safety assessment is conducted and submitted to the Competent Authority and approval has been granted.
Paragraph 9.2
In accordance with regulations, a record of the preceding discharges shall be reported to the Competent Authority and kept on file.
Article 10
Area Division
Paragraph 10.1
Based on the facility type, the characteristics of practice, and the level of radiation exposure in the workplace, the facility operator shall, in accordance with the provisions of the Competent Authority, divide its radiation workplace into controlled areas and supervised areas. Control measures shall be adopted inside the controlled areas, necessary radiation monitoring carried out inside the supervised areas, and environmental radiation monitoring conducted outside the radiation workplace.
Paragraph 10.2
The facility operator shall draw up in advance a plan for designating areas in the workplace and for implementing control measures and radiation monitoring as specified in Paragraph 10.1, and submit the plan to the Competent Authority for approval. No practice shall be performed without approval of the plan.
Paragraph 10.3
In accordance with the provisions laid down by the Competent Authority, the facility operator shall record the results of the environmental radiation monitoring stipulated in Paragraph 10.1, submit the records to the Competent Authority, and keep copies on file.
Paragraph 10.4
The criteria for the drawing up of the plan and its operation in Paragraph 10.2 shall be laid down by the Competent Authority.
Article 11
Inspecting Practice and Workplace
Paragraph 11.1
The Competent Authority may inspect the practice and workplace of the facility at any time. If there is any violation of the provisions of this Act, the Competent Authority shall, in the case of non-compliance, order the facility operator to amend the situation within a limited period of time. When the facility operator fails to do so, the Competent Authority shall order a partial or complete termination of practice. In serious situations, the Competent Authority may revoke the permit of the facility operator.
Paragraph 11.2
When the Competent Authority makes the preceding decision, it shall state the reasons in writing. However, in case of emergency, it may first give its reasons in spoken form, and then deliver written form within seven (7) days after the decision is made.
Article 12
Emergency Exposure
When there is a serious radiation accident in the radiation workplace, and in case of emergency, the facility operator, in order to prevent the occurrence or worsening of a disaster, and to protect public health and safety, may take emergency exposure measures in accordance with the regulations of the Competent Authority.
Article 13
Accidents
Paragraph 13.1
When any of the following accidents occurs, the facility operator shall take the necessary protective measures, and shall notify the Competent Authority without delay:
(1)the dose received by a worker exceeds the limits of the Safety Standards for Protection against Ionizing Radiation;
(2)the radiation level in areas outside radiation workplaces or the concentration of radioactive material contained in water, air or sewerage exceeds the limits of the Safety Standards for Protection against Ionizing Radiation;
(3)radioactive material is missing or stolen;
(4)other serious radiation accidents specified by the Competent Authority.
Paragraph 13.2
Upon being notified of an accident in Paragraph 13.1, the Competent Authority shall dispatch its officers for an inspection, and may order the facility operator to stop part or all of its practice connected with the accident.
Paragraph 13.3
After any accident specified in Paragraph 13.1 occurs, the facility operator, in addition to its responsibility for cleaning up in accordance with the relevant provisions, shall investigate, analyze and make a record of the accident, and submit a report to the Competent Authority within a limited period of time.
Paragraph 13.4
When any accident specified in Paragraph 13.1 occurs, the facility operator, in addition to the adoption of necessary protective measures, shall not alter or destroy the scene without the approval of the Competent Authority.
Article 14
Age Limits, Pregnancy and Accident Training
Paragraph 14.1
Persons engaged or participating in practice shall be at least eighteen (18) years of age.
However, when required for teaching or occupational training purposes, and in compliance with special provisions, one can allow the participation in practice of those over sixteen (16) and under eighteen (18) years of age.
Paragraph 14.2
No one may order anyone under sixteen (16) years of age to be engaged or participate in practice.
Paragraph 14.3
The employer, upon being informed of a female worker's pregnancy, shall immediately review her working conditions to ensure that the exposure received by her embryo or fetus during her pregnancy shall not exceed the limits specified in the provisions of the Safety Standards for Protection against Ionizing Radiation. When there is concern about possible overexposure, the employer shall improve her working conditions or adjust her work duties.
Paragraph 14.4
For radiation workers on active duty, the employer shall, on a regular basis, conduct necessary education and training for protection against and prevention of radiation accidents, and keep relevant records on file.
Paragraph 14.5
The education and training mentioned in Paragraph 14.4 is obligatory for radiation workers.
Paragraph 14.6
The definition of special provisions in the proviso of Paragraph 14.1 and the provisions governing education and training and record keeping in Paragraph 14.4 shall be laid down by the Competent Authority in consultation with relevant agencies.
Article 15
Occupational Exposure
Paragraph 15.1
To ensure that radiation workers' occupational exposure is below limits and kept as low as reasonably achievable, the employer shall monitor each radiation worker's dose.
However, when upon assessment, a radiation worker's estimated annual cumulative exposure is unlikely to exceed a specific proportion of the dose limit, the employer may instead monitor the operation environment or personal doses through sampling.
Paragraph 15.2
The "specific proportion" in the proviso of Paragraph 15.1 is to be determined by the Competent Authority.
Paragraph 15.3
The measurement and assessment of the monitored dose stated in Paragraph 15.1 shall be administered by a personnel dose assessment organization accredited by the Competent Authority. The provisions to accredit and administer such personnel dose assessment organizations shall be laid down by the Competent Authority.
Paragraph 15.4
In compliance with regulations set by the Competent Authority, the employer shall document and maintain files of the results of personnel dose monitoring and inform radiation workers involved.
Paragraph 15.5
For the purpose of statistical analysis, the Competent Authority may compile a personnel dose database through its own efforts, or commission the job to relevant organizations, schools or groups.
Article 16
Medical Surveillance
Paragraph 16.1
The employer shall
(1)require physical examinations when hiring radiation workers; and
(2)routinely perform physical checkups on current radiation workers,and take proper measures in response to checkup results.
Paragraph 16.2
When a radiation worker receives a dose of more than 50 mSv due to one-time accidental exposure or emergency exposure, the employer shall administer special medical surveillance including:
(1)a special physical checkup,
(2)dose assessment,
(3)decontamination,
(4)necessary treatment, and
(5)other appropriate measures.
Paragraph 16.3
The employer shall consult with physicians, radiation protection personnel or other experts regarding the results of special physical checkups, exposure history and physical condition of the such radiation workers, and make appropriate job adjustments.
Paragraph 16.4
The employer shall bear the cost of the physical checkups indicated in Paragraph 16.1, and the special medical surveillance in Paragraph 16.2.
Paragraph 16.5
In compliance with the regulations set by the Competent Authority the employer shall document and keep files of (1) the physical examinations and checkups specified in Paragraph 16.1 and (2) the special medical surveillance in Paragraph 16.2.
Paragraph 16.6
The examination items in the special physical checkups specified in Paragraph 16.2 shall be laid out by the Competent Authority in collaboration with central government health authorities.
Paragraph 16.7
The physical checkups in Paragraph 16.1 and the special medical surveillance in Paragraph 16.2 are obligatory for radiation workers.
Article 17
Institutional Standards for Medical Exposure
Paragraph 17.1
In order to improve the quality of radiological diagnosis and treatment and to reduce the radiation exposure received by patients, whenever health care organizations use
(1)radioactive material,
(2)equipment capable of producing ionizing radiation, or
(3)related facilities that the Competent Authority has announced as requiring a medical exposure quality assurance program, health care organizations shall not use any of them until
(1)a medical exposure quality assurance plan is drawn up based on the Standards for Medical Exposure Quality Assurance and
(2)the plan is approved by the Competent Authority.
Paragraph 17.2
Based on their size and nature, when implementing the provisions of the medical exposure quality assurance plan in Paragraph 17.1, health care organizations shall
(1)establish medical exposure quality assurance teams,
(2)assign specialists, or
(3)commission the job to a relevant organization.
Paragraph 17.3
The Standards for Medical Exposure Quality Assurance in Paragraph 17.1 and the regulations governing
(1)the establishment of a medical exposure quality assurance team,
(2)the assignment of specialists, and
(3)the commissioning of jobs to relevant organizations,are to be laid down by the Competent Authority in collaboration with central government health authorities.
Article 18
Excessive Exposure - Patients' Rights
When there is concern about excessive exposure for patients receiving radiological diagnosis and treatment, health care organizations shall inform patients of such concern in advance, and give proper radiation protection.
Article 19
Environmental Radiation Monitoring
The Competent Authority shall conduct environmental radiation monitoring at properly designated locations, where radiation monitoring facilities are set up and samples are taken, and make results available to the public.
Article 20
Radiation Hazards
Paragraph 20.1
When the Competent Authority becomes aware of a radiation hazard at any public or private location, it shall dispatch officers with proper identification to enter the site for inspection and ionizing radiation measurement. It may also require the owner, the user, the operator, or any other representative of the site to provide related information.
Paragraph 20.2
The inspection and measurement indicated in Paragraph 20.1 may be conducted by the Competent Authority in collaboration with relevant agencies.
Article 21
Radioactive Material in Commercial Products
Paragraph 21.1
No radioactive material shall be added to commercial products unless approved by the Competent Authority.
Paragraph 21.2
The added amount of radioactive material in Paragraph 21.1 shall not exceed the limits approved by the Competent Authority.
Article 22
Radiation Hazards from Commercial Products
Paragraph 22.1
When a commercial product exposes the human body to radiation of such a dose level that raises concern about a public health risk, the Competent Authority shall conduct radiation inspection or measurement in collaboration with relevant agencies.
Paragraph 22.2
If the result from the inspection or measurement indicates a violation of standards or a public risk, the Competent Authority shall make public announcements of each product's name and related information, and require the manufacturer, distributor or owner to take specific measures.
Paragraph 22.3
The standards in Paragraph 22.2 are to be specified by the Competent Authority in consultation with relevant agencies.
Article 23
Radioactive Contamination of Building Material
Paragraph 23.1
To avoid using construction material contaminated with radioactivity, the Competent Authority may, when necessary, require relevant suppliers to
(1)conduct radiation inspection and measurement of raw material and products, or
(2)issue "proof of absence of radioactive contamination"
The governing regulations shall be laid down by the Competent Authority.
Paragraph 23.2
(1)The radiation inspection and measurement of material and products as well as
(2)the issuance of "proof of absence of radioactive contamination" in Paragraph 23.1 shall be conducted in compliance with the Competent Authority's regulations, or commissioned to organizations, schools or groups accredited by the Competent Authority.
Paragraph 23.3
If the results from the preceding inspection or measurement of construction material indicate a violation of the standards in Paragraph 22.3, it shall be dealt with according to Paragraph 22.2.
Paragraph 23.4
When the organization, school or group conducts the commissioned job indicated in Paragraph 23.2, it shall do so in good faith, and abide by its duty to be truthful. 
Article 24
Radioactive Contamination in Buildings
Paragraph 24.1
Regarding the steel bars or beams to be used in a construction project, the local government construction authorities may require the project contractor, in collaboration with the construction supervisor, to submit "proof of absence of radioactive contamination".
Paragraph 24.2
When the Competent Authority becomes aware of radioactive contamination in a building or construction project, it shall immediately inform the residents and owner(s) of that building or project.
Paragraph 24.3
When the radiation dose of the building in Paragraph 24.2 reaches a certain level, the Competent Authority shall document the situation and file the records with the local government land administration authorities to be included in a database for public access.
Paragraph 24.4
Regulations governing the
(1)prevention and
(2)handling of buildings with radioactive contamination shall be laid down by the Competent Authority.
Article 25
Building Inspection Reports
Paragraph 25.1
To protect lives and property, when there is a possibility of radioactive contamination, title transfer of such buildings shall be accompanied by certified radiation measurement reports.
Paragraph 25.2
Regarding buildings with a possibility of radiation contamination in Paragraph 25.1, the Competent Authority shall make public announcements every year and whenever deemed necessary by circumstances.
Paragraph 25.3
The certified radiation measurement reports specified in Paragraph 25.1 shall be issued by the Competent Authority or organizations or groups accredited by the Competent Authority.
The relevant regulations shall be laid down by the Competent Authority.
Paragraph 25.4
When the organizations or groups issue the preceding certified reports specified in Paragraph 25.3, they shall do so in good faith, and abide by their duty to be truthful.
Article 26
Securing Approval of Practice
Paragraph 26.1
One shall not conduct business related to radiation protection service until an application to do so is submitted to and approved by the Competent Authority.
Paragraph 26.2
For the preceding business, the
(1)specifications of radiation protection service,
(2)qualifications required,
(3)procedure for accreditation,
(4)the issuance, renewal, replacement and termination of the accreditation, and
(5)other regulations to abide by, shall be laid down by the Competent Authority.
Paragraph 26.3
When conducting business, the radiation protection service providers in Paragraph 26.1 shall do so in good faith, and abide by their duty to be truthful.
Article 27
Dealing with Public Radiation Hazards
Paragraph 27.1
When a public radiation hazard other than a nuclear accident occurs, thereby posing danger to public health and safety, or a possibility of such danger, the Competent Authority shall be in collaboration with relevant agencies in taking intervention measures; when deemed necessary, the authorities may restrict the movement, or order the evacuation, of people and vehicles in the area.
Paragraph 27.2
Regarding the preceding public radiation hazard, the Competent Authority may set up the criteria for intervention and related measures.
Paragraph 27.3
Regarding the costs accrued when taking intervention measures in Paragraph 27.1 the Competent Authority shall recuperate the costs when it establishes who is responsible for the damage.
Paragraph 27.4
One shall not evade, interfere or refuse to comply with the intervention measures in Paragraph 27.1.
Article 28
Reporting on Radiation Protection Activities
Paragraph 28.1
To achieve the regulatory goal of this Act, the Competent Authority may require facility operators, employers or radiation protection service providers to file periodic reports detailing their radiation protection activities.
Paragraph 28.2
The specifications, contents and filing dates of the preceding reports shall be laid down by the Competent Authority.