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Notice of approval

The Health and Safety Commission has on 15 August 2000 approved the procedure set out in the Schedule to this notice for the purposes of reviewing the decisions of employment medical advisers or appointed doctors in accordance with regulation 24(9) of the Ionising Radiations Regulations 1999 (SI No 3232) (IRR99).

Signed: Avril Adams
Secretary to the Health and Safety Commission
6 October 2000

The Schedule - Procedure for reviews under Regulation 24(9) of IRR99

1. The following procedure shall be followed in the event of an employee being aggrieved by a decision recorded in a health record by an Employment Medical Adviser or appointed doctor under IRR99.

2. The application shall be made in writing to the Head of the Employment Medical Advisory Service (EMAS), Health and Safety Executive ('the Executive'), McLaren Building, 35 Dale End, Birmingham B4 7NP within 3 months of the date on which the employee was notified of the decision.

3. The application shall explain why the applicant disagrees with the medical decision and shall be accompanied by any supporting evidence that the employee wishes to be taken into consideration.

4. The executive shall refer the application to a panel for review ('the review panel') consisting of a chairman, who shall be a doctor appointed by the National Radiological Protection Board and two other doctors, one nominated by the Royal College of Physicians, the Royal College of Physicians, Edinburgh or the Royal College of Physicians and Surgeons of Glasgow and the other nominated by the Trades Union Congress.

5. The review panel shall invite written observations from the Employment Medical Adviser or appointed doctor who made the decision under review and shall consider the application on the basis of the written evidence provided. The panel may either:

  1. remove the suspension or conditions imposed by the original decision, in which case it shall notify its determination to
    1. the applicant;
    2. the employment medical adviser or appointed doctor who made the original decision;
    3. the Head of EMAS, Health and Safety Executive; or
  2. arrange for a hearing by the review panel to determine the application.

6. Where in accordance with paragraph 5(ii) above, the review panel is to determine the application following a hearing, it shall notify in writing the applicant and the Employment Medical Adviser or appointed doctor who made the original submission of the time, date and place fixed for the hearing at least 14 days in advance.

7. Before the hearing the review panel may see any further evidence or information as it shall in its discretion see fit.

8. At the meeting of the review panel, the review shall take place whether or not the applicant is present, but the applicant shall be entitled to attend, either alone or with a friend. Both the applicant and his friend shall be entitled to make representation and give evidence at the meeting. The employment medical adviser or appointed doctor who made the original decision shall also be entitled to attend and be heard. After the hearing the review panel may retire to consider its findings.

9. The review panel may in its findings:

  1. confirm the original decision the employment medical adviser or appointed doctor;
  2. substitute its own decision for the original decision; or
  3. remove the suspension or conditions imposed by the original decision.

10. The review panel shall make its determination on the basis of a majority decision and shall send a copy of its determination to;

  1. the applicant;
  2. the employment medical adviser or appointed doctor concerned; and
  3. the Head of EMAS.

11. Unless the review panel confirms the original decision, the Head of EMAS shall arrange for the employment medical adviser or appointed doctor to amend the health record of the applicant in accordance with the review panel's determination and to inform the employer of the result of the review.

Added to the HSE website 17 October 2000