Transport case prompts HSE reminder on the importance of radiation protection controls

E017:06 20 February 2006

The Health and Safety Executive (HSE) today issued a reminder to companies working with radiation on the importance of protection control measures, including basic monitoring. The reminder follows the conclusion of a case brought jointly by HSE and the Department for Transport (DfT) against specialist contractor, AEA Technology plc (AEAT).

At Leeds Crown Court today, the Oxfordshire-based company was fined a total of £250,000 and ordered to pay £151,323 prosecution costs. The company had previously pleaded guilty to criminal charges under health and safety and road transport law, of exposing employees and subcontractors to potentially very high risks from radiation.

James Taylor, a Principal Specialist Radiation Inspector with HSE, said: "This case should serve as a reminder that radiation protection should never be taken for granted and that management must understand the principles, not least of which is the need to supervise their staff properly."

The joint HSE/DfT prosecution followed an incident in March 2002, when AEAT were contracted to remove material , previously used in cancer treatment, from a Leeds hospital and transport it by road to Windscale, Cumbria, for disposal. At Windscale, very high radiation levels were discovered coming from the specialist container used to transport the material.

A joint HSE/DfT investigation revealed that the fact a vital shield plug was missing from the transport container, allowing a beam of radiation to emit from its base, had gone unnoticed. A primary cause of the incident was the company's failure to supervise and support their staff properly.

James Taylor continued: "I am pleased that the court clearly saw this as a serious matter. While there is no evidence that anyone received a significant exposure during the preparation and transport of this material, there was clearly the potential for an extremely serious incident. Anyone exposed to the beam coming from the container could have exceeded the legal dose limit within seconds and suffered radiation burns within minutes.

"The case also highlights the need for proper preparation and monitoring of transport packages. Adhering to approved operating procedures would have detected the omission of the shield plug before the radioactive material was loaded to the package.

"HSE is always willing to work with companies handling radioactive materials to ensure that workers and the public are not exposed to excessive and therefore unacceptable levels of radiation. In HSE's judgment, however, the management failures and the level of risk in this case merited prosecution, in line with our published enforcement policy."

Notes to editors

1. The prosecution alleged that AEA Technology plc (AEA T):
2. Failed to ensure, so far as reasonably practicable, the health safety and welfare at work of employees during work associated with the removal of a Cobalt 60 radiation source from a teletherapy machine at Cookridge Hospital, Leeds and its transport by road to Windscale for disposal, contrary to Section 2(1) of the Health and Safety at Work etc. Act 1974;
3. Failed to conduct its undertaking, namely the transport and management of radioactive materials, in such a way as to ensure, so far as was reasonably practicable, that persons not in its employment who may be affected thereby were not exposed to risks to their health or safety, contrary to Section 3(1) of the Health and Safety at Work etc. Act 1974;
4. Failed to take all necessary steps to restrict, so far as reasonably practicable, the extent to which employees and others were exposed to ionising radiation, contrary to Regulation 8(1) of the Ionising Radiations Regulations 1999 (IRR).
5. Failed to ensure that ionising radiation levels were adequately monitored, contrary to Regulation 19(1) of IRR.
6. Caused a package containing a radioactive source to be transported without determining the Transport Index of that package, contrary to Regulation Regulation 14(1) of the Radioactive Material (Road Transport) (Great Britain) Regulations 1996; and
7. Failed to ensure that requirements for package inspection were satisfied before shipmen, contrary to Regulation 31(2) of the above Regulations.
8. Following a preliminary hearing before Leeds District Magistrates' Court on 9th November 2005, AEAT appeared at Leeds Crown Court on 14th December 2005. The company pleaded guilty to the above charges and the case was adjourned for sentencing on Friday 17th February 2006.

Information on radiation safety can be obtained from HSE's website at: http://www.hse.gov.uk/radiation/index.htm

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