DECREE
-
LAW 131 OF
1977 ON THE CONTROL OF THE
USE OF IONIZING RADIATION AND PROTECTION
FROM THE HAZARDS .
We, Sabah al-Salem al-Sabah, Amir of
Kuwait,
Taking into account the State order
issued on 29 August 1976 (4 Ramadan
1396) Relating to revision of the
constitution.
On the basis of the proposal submitted
by the Minister of Public Health and
With the agreement of the Council of
Ministers
Have issued the following law:
For the purposes of this Law and of
executive decrees issued under it,
1. Radiation work means any work
requiring the use of radioactive substances or radiation services or other
devices intended for production of ionizing radiation and also any technical
work in which sources of nuclear energy are used.
2. Ionizing radiation means
electromagnetic or corpuscular radiation, which causes ionization in its passage
through a substance.
3. Radiation devices mean the devices
used for the production of X-rays or gamma rays or for acceleration or atomic
particles or for generation of any radiation having a similar biological effect.
4. Radioactive substance means any
substance simultaneously emitting ionizing radiation exceeding two-thousandths
of a micro-curie program of the substance or equivalent thereof.
5. Competent authority means the
authority designated by the Minister of Public Health for the purpose of
exercising authority based on this law.
No radiation device or radioactive
substance may be imported, exported, manufactured, possessed, bought, sold,
transported or disposed of without a license obtained for the purpose from the
Ministry of Public Health. The licensing conditions and procedures and the
period of validity of the license shall be laid by an executive decree of the
Minister of Public Health.
Ionizing radiation may not be used or
handed in any manner without a license obtained for the purpose from the
Ministry of Public Health.
The licensing conditions and procedures
and the period of validity of the license shall be laid down by an executive
decree of the Minister of Health.
The licensee may not go beyond the
limits of the license granted to him nor make any modifications to the licensed
devices or substances without the Ministry’s approval. He shall take the
necessary precautionary measures to ensure the safety of public and radiation
workers and to protect the environment, in which matter he and those carrying
out work involving these devices and substances shall strictly comply with the
requirements to be laid down by an executive decree of the Minister of Public
Health
The premises where radiation devices or
radioactive substances are used or kept must satisfy the conditions to be
specified by an executive decree of the Minister of Public Health, and the
licensee may not shift the devices or substances from the licensed premises to
other premises nor, make any modifications to the premises or the buildings
where these devices or substances are located without obtaining prior approval
from the Commission referred to in the next section.
A commission to be called the Radiation
Protection Commission shall be established in the Ministry of Public Health. It
shall be constituted by an executive decree of the Minister of Public Health and
shall have the following functions:
1.To consider matters relating to
radiation protection and to formulate the policy for its implementation.
2.To approve the licenses stipulated
under this law and to cancel, modify and suspend those licenses.
3. To draft the regulations and decrees
referred to in Sections 2,3,4 and 11 of this law.
4. To make recommendations and
proposals concerning legislation relating to radiation protection.
The Commission may delegate all or part
of these functions to the competent Authority.
The Competent Authority shall be
responsible for matters relating to the licensing, control and inspection of
radiation devices and radioactive substances and the premises where they are
located and of persons using them in accordance with the provision of this Law.
Any one licensed to use or keep
radiation devices or radioactive substances must notify the Competent Authority:
1. In case of loss of any radioactive
substance or radiation device, within 24 hours of the loss;
2. In case of any accident which may
result in the exposure of any person to an ionizing radiation dose above the
permissible limit stipulated in the requirements to be laid down by an executive
decree of the Minister of Public Health, within 24 hours of the accident with a
detailed report on the accident and its causes.
The competent Authority shall
co-operate with the authorities concerned in taking the necessary measures to
prevent the hazards of accidents and emergency situations which might lead to
radiation exposure and to avoid their repetition. The licenses shall implement
the measures decided upon by the Competent Authority in this matter.
The Radiation Protection Commission may
cancel the license referred to in Sections 2 and 3 of this law in the following
cases:
1. If it is found that the licenses
submitted incorrect statements or resorted to illegal means as a result of which
the license was issued.
2. If the licensee has violated on the
conditions or requirements stipulated in this Law or in executive decrees issued
under it.
3. If the licensee has violated the
conditions stipulated in the license.
4. If the licensee dies or is affected
by a disease rendering him incapable of work with ionizing radiation.
5. If it is found that there are
exposure hazards for the licensee or his employees or third parties.
6. If public interest so demands.
The Commission may with immediate
effect suspend a license for a period specified by it. It may also grant the
licensee time to comply with the stipulated conditions and requirements or to
take the appropriate measures before canceling his license.
The Commission’s decision about
cancellation or suspension of a license shall be implemented by administrative
action and the licensee may appeal to the Minister of Health against the
Commission’s decision on cancellation or suspension within a month of being
notified thereof. The Minister shall give his decision on the appeal after
obtaining the opinion of the Radiation Protection Commission, and his decision
in this matter shall be final.
In case of import, possession, purchase
or sale of radiation devices or radioactive substances without a license, the
Competent Authority shall sequestrate by administrative action those devices or
substances and deposit them in the stores of the Ministry of Public Health or in
any location that it considers suitable, applying the appropriate protection
measures at the expense of the offender, and referring him to the competent
authorities in accordance with the criminal procedure code.
If the licensee has not taken the
necessary precautionary measures to ensure radiation protection, the above
Authority my also, if needed, take those measures at the expense of the
licensee.
The holder of a license to use or keep
radiation devices or radioactive substances shall not allow any person to work
with ionizing radiation or to perform any other work which may expose him to the
hazards of ionizing radiation except after medical examination and special
conditions and procedures to be laid down by an executive decree of the Minister
of Public Health.
Medical examinations shall be carried
out periodically at intervals to be specified by the Competent Authority.
No person under the age of 18 years
shall be employed in any work in which he may be exposed to ionizing radiation.
If it is found that there are hazards
to the health of a worker during the performance of his work or because of his
work at a place where he may be exposed during his presence, the licensee shall
not allow his to continue his work and he may not resume work in the radiation
area without the approval of the Competent Authority.
Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. The employees have the right to enter establishments and locations where radiation instruments and radioactive materials, records, or documents, are present. They also have the right to review records, and take needed measures to verify the implementation of the provision of this law and its executive decisions. Employees have the right to file reports pertaining to crimes in violation of the provisions of this law, and refer them to the authorities. They may also ask for the aide of the police according to the situation.
Persons using, working in the field of
or in position of radiation instruments or radioactive materials at the time the
law enters into effect, must apply to the Committee on Radiation Protection to
acquire licenses stipulated in article 2, and 3 within 90 days of the date of
the law in force. In cases where an application in not filed or filed and
rejected within this period, the possession of these instruments or materials is
considered without a license, and the applicable provisions shall be
implemented.
The Minister of Public Health shall
issue a decision specifying the fixed fees on licenses, and on procedures
stipulated in this law.
Without violation of tougher punishment
stipulated by another law, violation of the provisions of articles 2,3,4, and 8
of this law is punishable by an imprisonment period not exceeding 3 years and a
fine of not less than 100KD, and not exceeding 225 KD or by one of these two
sentences.
The same sentence is applicable to any
one preventing specialized employees from performing their duties stipulated in
this law.
Violation of articles 5,11,12, and 13
of this law, and its executive decisions is punishable by an imprisonment period
of 3 months, and a fine not exceeding 200KD or one of these two sentences.
The Minister of Public Health shall
issue the executive decisions of this law.
The Ministers in their respective areas
of competence shall implement this law, and it shall enter into force on the
date of its publication in the official Gazette.
Jabir al-Ahmad al-Jabir aI-Sabah
Abdul-Rahman Abdullah al Awadi
Minister of Public Health
Issued at Saif Palace on 12 November
1988.
¶1
Published in Kuwait al Yaum No.1157 of 27.11.1977.