General Provisions
Purposes. In view of the ever-increasing use of radiation (rays) in various fields and the need to protect personnel, the public, future generations and the environment against the harmful effects of radiation, the following provisions have been enacted.
Definitions. 1. Radiation or rays: includes ionizing and non-ionizing radiation. 2. Radiation-generating sources: refers to radioactive materials, whether natural or artificial, or materials and objects containing them, or devices and installations that generate radiation. 3. Work with radiation: any work or activity carried out in connection with radiation-generating sources. 4. Legal Authority: means the "Atomic Energy Organization of Iran". 5. Responsible person: a natural person who, in accordance with the relevant Regulation, possesses the scientific and technical competence and the qualifications required to undertake and supervise all matters relating to work with radiation within the scope of the relevant licence. 6. Health physics officer: a natural person who, in accordance with the relevant Regulation, possesses the scientific and technical competence and the qualifications required to assume responsibility for radiation protection within the scope of the relevant licence.
Scope. The provisions of this Act shall apply to all matters relating to radiation protection at the national level, including the following: 1. Radiation-generating sources. 2. Work with radiation. 3. The construction, establishment, commissioning, operation, decommissioning and management of any unit in which work with radiation is carried out. 4. Any activity in connection with radiation-generating sources, including import and export, customs clearance, distribution, procurement, production, manufacture, ownership, acquisition, exploration, extraction, transport, transactions, contracting, transfer, use, or waste management. 5. The protection, in general, of personnel, the public and future generations, and of the environment, against the harmful effects of radiation.
Licence and Responsibilities
The performance of any activity in connection with the matters set out in paragraphs (1), (2), (3) and (4) of Article (3), other than cases exempted under the relevant Regulations, shall require obtaining an operating licence from the competent authority and an employment licence from the Legal Authority.
Note - In the case of medical institutions, the authorisation to work with radiation shall be granted only to medical specialists, following review and approval by a commission composed of two radiation protection specialists from the Legal Authority and two experts from the Ministry of Health, Treatment and Medical Education, and shall be issued by the Legal Authority.
The final licence for the establishment of a unit for work with radiation shall be issued by the Ministry of Health, Treatment and Medical Education.
The holder of the operating licence shall be obliged to nominate to the Legal Authority at least one qualified individual as the responsible person and one qualified individual as the health physics officer, so that an employment licence may be obtained in their names.
Note - In special cases (such as units performing X-ray diagnostics with limited activity) and in accordance with the relevant Regulations, the responsibilities of the natural person holding the operating licence, the responsible person, and the health physics officer may jointly be assumed by one or two qualified natural persons.
The holder of the employment licence shall be obliged to operate exclusively at the location, and within the limits and conditions, specified in the licence and the relevant instructions.
Any change in the legal status of the holder of the operating licence in connection with radiation-generating sources, as well as any quantitative or qualitative change in connection with such sources, shall require authorisation from the Legal Authority.
Note - In respect of medical institutions, following the obtaining of authorisation from the Legal Authority, the issuance of a new work licence shall be by the Ministry of Health, Treatment and Medical Education.
Licence holders, or their legal successors, as well as all persons who, by virtue of their occupational duties, are in contact with radiation-generating sources, shall be obliged to immediately notify the Legal Authority of the following: 1. Suspension or cessation of the operation of radiation-generating sources. 2. Loss or theft of radiation-generating sources. 3. Any accident, disruption, defect or change in connection with radiation-generating sources that may increase the potential risk of exposure of individuals. 4. Radiation exposure incidents, as well as suspected exposure of individuals.
All persons assigned to work with radiation shall undergo the necessary medical examinations and tests before and after employment, and periodically, in accordance with the relevant Regulation, and shall provide the Legal Authority with the necessary documents.
The assignment of the following persons to work with radiation is prohibited: 1. Persons under 18 years of age, except for cases exempted under the relevant Regulation. 2. Persons who, as a result of medical tests approved by the Legal Authority, have been found to be at risk of harm to their health from work with radiation.
In carrying out any activity relating to the matters set out in Article (3), the holder of the operating licence, the responsible person and the health physics officer shall be obliged to: 1. Comply with all regulations, standards, Regulations and instructions on radiation protection. 2. Plan for, provide and implement all necessary protective measures and equipment in accordance with the relevant regulations. 3. Avoid unnecessary exposure to radiation.
All persons engaged in work with radiation shall be obliged personally to use the prescribed radiation protection equipment and to implement the relevant regulations and instructions.
Supervision and Inspection
The Legal Authority shall be responsible for supervising all matters set out in Article (3) of this Act and for conducting inspections in respect thereof, to ensure the proper implementation of the provisions of this Act.
The holder of the operating licence, the responsible person and the health physics officer shall be obliged to implement the recommendations and instructions communicated by the Legal Authority and the relevant inspectors.
In cases where the implementation of matters relating to the provisions of Article (14), or the protection of persons and property against radiation, requires the provision of services by the Legal Authority, the interested parties shall be obliged to pay the cost of the services provided, in accordance with the tariff set out in the relevant Regulation, into the account of the State Treasury.
Note - In respect of medical institutions where costs are incurred or services are provided by the Ministry of Health, Treatment and Medical Education, the relevant Regulation shall be prepared by the Ministry of Health, Treatment and Medical Education.
The licence holder, or any person who, in any manner whatsoever, has possession or custody of radiation-generating sources in accordance with the provisions of this Act, or who performs duties as the responsible person or health physics officer, shall be obliged, within the scope of their occupational activity, to provide the facilities necessary for the exercise of supervision and inspection by the Legal Authority, and to make available to the Legal Authority the information and documents required.
In implementing the provisions of this Act, where the Legal Authority becomes aware of the existence of defects or violations in work with radiation or in the operation of radiation-generating sources, it shall, after issuing a written notice with a specified time limit to the relevant ministry or institution, and in the event of non-compliance with its recommendations, be obliged to order the suspension or cessation of the operation of the relevant sources, or to revoke the licence issued, and, where necessary, upon obtaining the required authorisation from the competent authority, to seal and stamp such sources.
Offences and Penalties
The following shall be deemed offences, and the offender shall, as the case may be, having regard to the circumstances and means of the offender and the number and degree of prior disciplinary measures ranging from admonition, reprimand and warning to degrees of ta'zir punishment, be sentenced to the penalties set out below: 1. Failure to use the prescribed protective equipment, as well as failure to comply with protective instructions, by personnel working with radiation, shall be deemed an offence, and the offender shall be sentenced to a fine of from ten thousand rials to one hundred and fifty thousand rials. 2. Assigning persons without the necessary medical tests before employment, or without periodic medical monitoring and testing during the period of employment in work with radiation, shall be deemed an offence, and the offender shall be sentenced to a fine of from ten thousand rials to five hundred thousand rials. 3. Assigning to work with radiation persons for whom such work has been declared prohibited under Article (10) of this Act shall be deemed an offence, and the offender shall be sentenced to a fine of from thirty thousand rials to one million rials. 4. Failure by the persons named in Articles (7), (8) and (9) of this Act to report the matters referred to therein shall be deemed an offence, and the offender shall be sentenced to a fine of from thirty thousand rials to two million rials. 5. The offender in the following cases shall be sentenced to a fine of from thirty thousand rials to five million rials, or to ta'zir imprisonment from one month to six months, or to both penalties: (a) Operating radiation-generating sources or working with radiation without adopting the protective measures and providing the protective equipment recommended by the Legal Authority. (b) Operating radiation-generating sources or working with radiation without the supervision of the responsible person and the health physics officer. (c) Obstructing the supervision and inspection carried out by the Legal Authority, failing to provide the necessary information, or providing incomplete or false information to the Legal Authority, as well as any action that causes the Legal Authority's assessment to be misled. 6. Causing disruption to work with radiation or to radiation-generating sources shall be deemed an offence, and the offender shall be sentenced to a fine of from five hundred thousand to fifteen million rials and to ta'zir imprisonment from one month to three years, or to both penalties. 7. Failure to comply with the limits and conditions specified in the licence, or altering such conditions, shall be deemed an offence, and the offender shall be sentenced to a fine of from one million to five million rials, or to ta'zir imprisonment from six months to two years, or to both penalties. 8. Not holding a valid licence in cases where holding a licence has been declared mandatory under Article (4) of this Act shall be deemed an offence, and the offender shall be sentenced to a fine of from one million rials to ten million rials, or to ta'zir imprisonment from six months to three years, or to both penalties. 9. Operating radiation-generating sources whose operation has been prohibited in any manner by the Legal Authority shall be deemed an offence, and the offender shall be sentenced to a fine of from one million rials to fifteen million rials, or to ta'zir imprisonment from six months to three years, or to both penalties.
Where offences under this Act, by virtue of their correspondence with other legal classifications, entail a more severe penalty, the provisions prescribing the more severe penalty shall be applied to the offender.
Special Provisions
Persons continuously engaged in work with radiation shall be entitled to the following benefits, based on the level and potential conditions of radiation exposure in the workplace, as determined by the Legal Authority and in accordance with the relevant Regulations. 1. Reduction of weekly working hours by up to twenty-five percent (25%) of the working hours prescribed for other personnel. 2. Increase of annual entitlement leave by up to one month per year for the period of employment in work with radiation. The use of annual entitlement leave in such cases shall be mandatory during each year. 3. Increase of recognised length of service by up to one year for each year of work with radiation, up to a maximum increase of ten years, which shall be reckonable solely for the purposes of severance pay, retirement, disability, and determination of pension entitlements. 4. Payment of up to fifty percent of salary and benefits as a radiation work allowance.
Note - With respect to paragraph (2) of this Article, instead of taking leave, the beneficiary may request employment at a location other than the radiation work environment.
Ministries, institutions of the Islamic Revolution, government or government-affiliated institutions, organisations and companies, and institutions to which the application of this Act requires express mention, as well as all law enforcement officers, shall be obliged to cooperate with the Legal Authority in the implementation of this Act.
The Legal Authority shall be responsible for the proper implementation of the provisions of this Act and shall be obliged, by employing specialists possessing scientific and technical competence, and through the preparation and formulation of the necessary criteria, regulations, standards and instructions, and through the use of specialized resources, training and research, and the provision of services at an advanced scientific level, to adopt appropriate measures.
This Act shall enter into force as from the date of its adoption, and as from that date all conflicting laws and regulations shall be repealed and deemed null and void.
The Government shall be obliged to approve the relevant Regulations on the basis of the proposal of the Legal Authority and to communicate them for implementation.
All natural and legal persons subject to this Act shall be obliged to bring their status into conformity with its provisions within a maximum of six months from the date of entry into force of the Act.
Note - With respect to the country's medical institutions, the relevant Regulations shall be prepared and formulated by the Ministry of Health, Treatment and Medical Education and the Legal Authority, and shall be enforceable after approval by the Council of Ministers.
The foregoing Act, comprising twenty-three articles and six notes, was adopted at the public session of the Islamic Consultative Assembly (Majlis) on Sunday, 20 Farvardin 1368 (1989), and was confirmed by the Guardian Council on 1368/1/30 (1989).
Speaker of the Islamic Consultative Assembly - Akbar Hashemi.