Compensation Scheme
for Radiation Linked Diseases
THE EXPERT PANEL
|
Introduction
|
| 1. |
The purpose of this paper is to provide the Expert Panel with the information necessary for its operation. The information consists of extracts from the Compensation Morbidity and Mortality Agreements and further guidelines agreed between the parties to the Agreements. This paper does not in itself form part of the Agreements. |
| |
|
The Expert Panel
|
| |
Terms of Reference |
| 2. |
The expert panel is established in accordance with Clause 8.1 of the Compensation Morbidity and Mortality Agreements which states its terms of reference, viz: “to determine, having regard to such guidelines as may be agreed between and provided by the parties from time to time, the appropriate payment band in respect of cases referred to it.”
|
| |
Composition |
| 3. |
It was agreed in December 1992 at the BNFL/UKAEA CSMB that the expert panel shall have a minimum of 6 members (including the Chairperson). It was also agreed that four members (including the Chairperson) would be required for a quorum. Further, in 1991, Council agreed that the panel would cover an agreed range of expertise and also put in place arrangements for the appointment of panel members and the review of contractual arrangements for the panel. These procedures are detailed in the paper “Membership and Succession for the Expert Panel” (CSRLD/CSC(01)P7, Rev 2002)
|
| 4. |
Council has further agreed to appoint the Executive Secretary to the panel, to service the panel and to act as a focus for communication between the parties and the panel.
|
| |
Referral of Cases |
| 5. |
Clause 8.1 states that “appropriate cases shall be referred to the expert panel by the Executive Secretary on behalf of the employer and relevant Union.”
|
| 6. |
Cases are referred to the panel under the three possible arrangements stated in Clause 8.1 of the Agreements, viz:
- as required by the relevant Compensation Schedules; or
- pursuant to Clause 7.4, ie. where the employer and the relevant union agree that a particular case has special factors; or
- ad hoc, ie. as may otherwise be agreed between the employer and relevant Union.
|
| 7. |
If the case is referred under (iii) above, ie. ad hoc arrangements (via the Executive Secretary) the panel will be informed that the case is such and whether any departure from the procedure described in this paper is required.
|
| |
Information for the Panel |
| 8. |
Appropriate cases will be referred to the panel by the Executive Secretary on the basis of a factual report which is prepared and agreed between the employer and the relevant Union under the provisions of Clause 5 of the Agreements, which specifies its contents as:
- “ employment facts;
- external radiation dose record;
- internal radiation dose record;
- medical facts;
- any reportable incidents of a radiological nature;
- any relevant factors as identified in the relevant schedule
and
- any other factors as may be agreed to be relevant to
the particular case.”
The panel is also provided with a History of Health Physics paper by each employer, giving background to radiation protection and dosimetry monitoring procedures in place since sites have operated.
|
| 9. |
Clause 8.5 commits the employer and relevant Union to use all reasonable efforts to provide the panel via the Executive Secretary with additional information (where at any point the panel feels that such information would assist its work). The information requested may or may not be particular to the individual.
|
| 10. |
Where the information requested by the panel through the Executive Secretary is particular to the individual, the information will be agreed between the employer and the relevant Union in the same manner as the contents of the factual report. Where the information requested is not particular to the individual e.g. the obtaining of additional expert’s views on a particular scientific matter, the details of the request will be agreed between the employer and the relevant Union, such agreement being sought via the Executive Secretary.
|
| |
Payment Bands |
| 11. |
The appropriate payment band referred to in the terms of reference relates to a payment bank set out in Clause 9.1 of the Agreements, ie:
- “ full compensation;
- 75% of full compensation;
- 50% of full compensation;
- 25% of full compensation; or
- no compensation.”
|
| |
Confidentiality |
| 12. |
Clause 11.1 commits the parties to the Agreements and appropriate third parties (such as the expert panel) to regard information as confidential, viz: “Such information may be disclosed to appropriate third parties in accordance with, and for the proper performance of, the Schemes. This disclosure shall be on the basis that such third parties accept that the information is confidential to the Schemes and shall not otherwise be disclosed without prior permission from the parties hereto.” The panel should not disclose information to any other parties without the consent of the employer and the relevant Union which should be requested through the Executive Secretary. Where a panel member, who is also an employee of a Public Authority for the purposes of the Freedom of Information Act 2000, receives a request for information under that Act which relates wholly or partly to information connected with the Scheme, the Executive Secretary will be consulted prior to such information being released.
|
| 13. |
Clause 11.1 provides a definition of information as “Any discussion held and any information, documents, records, decisions (other than those concerning the amount of compensation paid under the Schemes) or papers of any kind.” |
| |
|
Guidelines For
The Operation Of The Panel
|
| 14. |
The above extracts from the Compensation Agreements determine aspects of the operation of the expert panel. Additional guidelines have been agreed between the parties of the Agreements and are stated in the following paragraphs. Any queries relating to the operation of the panel should be addressed to the Executive Secretary, who will respond on the basis of experience or after obtaining agreement between the employer and the relevant Union on an appropriate guideline.
|
| 15. |
In determining the appropriate payment band the panel should have regard for:
- the current scientific knowledge of the risk of radiation induced disease most relevant to the particular case;
- the criteria in the payment schedules, agreed between the parties, for use in cases not referred to the Panel.
The agreed Compensation Schedules and the paper agreed between the parties that describes the technical basis of the schedules will be made available to the panel for this purpose.
|
| 16. |
The panel’s decision should be a consensus of quorum of its members; if this is not possible the Chairperson should consult with the employer and the relevant Union with a view to determining an appropriate course of action.
|
| 17. |
The panel should endeavour to express a decision within 3 months of being supplied with the factual report or additional information as agreed. If the Chairperson has not recorded a decision within such a period, he should consult with the employer and relevant Union with a view to determining an appropriate course of action.
|
| 18. |
The panel’s decision in each case shall be recorded by the Chairperson and shall state within which payment band the determination by the panel lies and include a brief explanation for the basis of the decision. The record of the panel’s decision and the explanation shall be notified by the Executive Secretary to the employer and the relevant Union. |
