South Australian Current Regulations South Australian Current Regulations85—Employer to prevent exposures above certain dose limits
(1) Subject to this
regulation, an employer must not—
(a)
expose, or cause, suffer or permit the exposure of, themself or a worker
employed by them to—
(i)
an annual effective dose exceeding—
(A) 20 mSv averaged over a period of
5 consecutive years; or
(B) 50 mSv in any single year; or
(ii)
an equivalent dose, during any calendar year or financial
year, exceeding—
(A) 20 mSv in the lens of the eye; or
(B) 500 mSv in the skin, averaged over
any 1cm² of the skin, regardless of the total area exposed; or
(C) 500 mSv in the hands and feet; or
(b)
expose, or cause, suffer or permit the exposure of, a member of the public
to—
(i)
an annual effective dose exceeding 1 mSv; or
(ii)
an equivalent dose, in any calendar year or financial
year, exceeding—
(A) 15 mSv in the lens of the eye; or
(B) 50 mSv in the skin, averaged over
any 1 cm² of the skin, regardless of the total area exposed.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) Subject to this
regulation, if—
(a) an
employer is pregnant; or
(b) a
worker employed by an employer is pregnant and the worker has informed the
employer of the pregnancy,
the employer must not expose, or cause, suffer or permit the exposure of, the
embryo or fetus in utero to an annual effective dose or equivalent dose
exceeding the limit prescribed by subregulation (1)(b) in relation to a
member of the public for the remainder of the pregnancy.
Maximum penalty: $10 000.
Expiation fee: $500.
(3) The obligations of
an employer in relation to a worker under subregulations (1) and (2)
apply only in relation to exposure that occurs in the course of work performed
as part of the worker's employment by the employer.
(4) The Minister may,
on application by an employer, if satisfied that exceptional circumstances
exist, grant the employer permission to exceed the annual effective dose limit
prescribed by subregulation (1)(a)(i).
(5) The Minister may,
on application by an employer, if satisfied that special circumstances
exist—
(a)
grant the employer permission to exceed the annual effective dose limit
prescribed by subregulation (1)(b)(i) subject to a condition that the
employer does not expose, or cause, suffer or permit the exposure of, an
embryo or fetus in utero referred to in subregulation (2) to an
annual effective dose exceeding 1 mSv for the remainder of the pregnancy;
or
(b)
grant the employer permission to exceed the annual effective dose limit
prescribed by subregulation (1)(b)(i) subject to a condition that the
employer does not expose, or cause, suffer or permit the exposure of a
member of the public to an annual effective dose exceeding 1 mSv averaged
over a period of 5 consecutive years.
(6) An employer must
not contravene a condition imposed on a permission granted by the Minister to
the employer under this regulation.
Maximum penalty: $10 000.
Expiation fee: $500.
(7) In calculating
doses for the purposes of this regulation, the following must be disregarded:
(a)
except if directed otherwise by the Minister—doses received by a person
due to natural background radiation;
(b)
except if directed otherwise by the Minister—doses received by a person
as a result of an existing exposure situation;
(c)
doses received by a person participating as a volunteer in medical research
approved in accordance with regulation 108;
(d)
doses received by a person as a patient for the purposes of diagnosis or
treatment;
(e)
doses received by a person (other than a worker) who knowingly and willingly
supports a patient undergoing an exposure for the purposes of diagnosis or
treatment;
(f)
doses received by a person as a result of an emergency exposure situation.