When a new or second-hand piece of radiation equipment arrives at your facility, the excitement of an upgrade can easily overshadow a complex legal hurdle: The Critical Examination. Under Regulation 32(2) of the Ionising Radiations Regulations 2017 (IRR17), a critical examination is a strict legal requirement before bringing radiation-emitting equipment into normal use. Yet, misunderstanding who is responsible for performing it- and how the HSE expects it to be managed – remains a major compliance trap for businesses across the UK.
Following recent clarifications from the Health and Safety Executive (HSE), we are breaking down everything you need to know about Regulation 32(2) to ensure your next equipment installation goes smoothly!
The Core Rule: What is a Critical Examination?
Regulation 32 of IRR17 stipulates that anyone who erects or installs an article for use at work involving ionising radiation must ensure the equipment is safe before it is handed over. The installer is legally required to:
- Test Safety & Shielding: Undertake a critical examination to prove that all safety features and warning devices operate perfectly, and that there is sufficient physical protection from exposure.
- Consult an Expert: Partner with an appointed Radiation Protection Adviser (RPA) regarding the depth, scope, and ultimate results of the examination.
- Provide Handover Data: Provide the end-user (the employer) with adequate documentation regarding the proper use, ongoing testing, and maintenance of the asset.
Crucial Fact: This regulation applies to both brand-new and second-hand equipment. If it has radiation protection implications and it is being re-installed, it needs a critical examination.
The Golden Rule: It is the Installer’s Burden, Not the User’s
A common misconception is that the business purchasing the machinery must organise the critical examination.
This is false. The legal responsibility to perform and verify the critical examination lies entirely with the installer, not the end-user.
- Timing: The check can happen immediately following physical installation, during commissioning, or during initial trials.
- Cooperation (Regulation 16): Because this process spans the handover period, it often requires close cooperation between the installer and the client, as outlined under the co-operation principles of IRR17 Regulation 16.
- RPA Involvement: While the installer must consult an RPA regarding the testing scope, the RPA does not physically need to be present during the testing unless specific complexities require it. Furthermore, even if the trials are completed under the watchful eye of the user’s RPA, the legal liability for the examination still rests squarely on the installer.
What Items Must Be Covered?
It isn’t just standard X-ray generators that require this process. A critical examination must cover:
- Radiation sources: Industrial X-ray equipment and articles utilising radioactive substances (such as nucleonic instrumentation).
- Ancillary engineering controls: Shielding, containment structures, interlocks, and even the ease of decontaminating surrounding surfaces.
New Rules for Industrial Radiography Enclosures
Industrial radiography enclosures present unique compliance hurdles. Because of the high-risk nature of the work, the HSE has tightened its expectations surrounding who actually triggers the equipment during testing.
The Consent Trap
The HSE expects the service engineer installing an enclosure safety system to complete the critical examination. Crucially, whoever operates the equipment during the check must hold valid HSE consent to undertake industrial radiography.
An RPA can assist by taking dose rate measurements, but the RPA must not “press the button” or operate the equipment unless they personally hold the required HSE industrial radiography consent.
Navigating HSE Consent: New vs. Existing Setups
How do you legally test equipment if you don’t yet have the official HSE consent to operate it? The HSE handles this based on your current operational status:
Scenario A: You are entirely new to the practice
If you are a new duty holder applying for your first radiography consent via the HSE portal, the HSE cannot grant final approval until a successful critical examination is completed. To break this catch-22, the HSE will likely issue a Temporary Consent specifically to facilitate the critical examination, provided you can demonstrate compliance with all other facets of IRR17. You must proactively submit a request to the HSE for this.
Scenario B: You are adding equipment to an existing consent
If you are adding new machinery under a consent you already hold, you must notify the HSE of a Material Change before any work begins.
- An HSE specialist inspector will review the change.
- They will decide if your existing consent needs an additional condition note, or if your current Safety Assessment simply needs an update.
- Depending on the risk, the HSE may issue a temporary consent for the installation phase. You must hold all operations with the new equipment until you receive a formal, final response from the regulator.
Achieve Flawless Compliance with HTSL Group
Failing to properly execute or document a critical examination can halt your operations and invite severe HSE penalties. Whether you are an equipment installer trying to fulfil your Regulation 32(2) duties, or an employer looking to safely integrate new X-ray or nucleonic devices, HTSL Group is here to help.
We offer expert RPA consultancy to guide your testing frameworks, alongside a broad range of accredited, high-quality safety training programmes available both in-person and online.
