The History and Evolution of the Radiation Workers Compensation Scheme
Dr Barrie Lambert is an independent Radiation Biologist . In this article he recounts the origins , history and evolution of the UK compensation scheme for radiation workers , which is now known as the Compensation Scheme for Radiation Linked Diseases ( CSRLD ).
The scheme originated in 1981 . Several legal cases had been instigated by BNFL workers in the 1970s for compensation for cancer which they claimed was a consequence of their work at Sellafield ( Windscale as it was known then ). Some of these workers had received significant doses in the ' 50s and ' 60s , and BNFL settled at least a couple out of court . In
1 addition , following the Pochin Report ( 1978 ) which concerned claims by laundry workers at AWE with possible plutonium contamination , a number of workers in the industry had claimed that putative intakes of radioactive materials were associated with cancer . One legal firm had taken on their cases . The legal process for these and the BNFL cases was obviously going to be protracted , and a suggestion was made between the trade unions and BNFL management that some form of no-fault arrangement for compensation could be introduced , being less protracted and traumatic . This , then , was the origin of the CSRLD which is " binding in honour " between the trade unions and site licence companies . I took on the role of technical adviser to the unions , which I retain to this day .
The initial negotiations were difficult . Clearly an estimate of the probability that any specific cancer was caused by radiation exposure at work was required ( causation probability , CP ) and this was deduced from
2 models in ICRP26 and agreed for the lung , leukaemia and " all other tissues ". Industrial claims that go to court require a CP of 50 %,
Radiation Protection Today Spring 2024 but to make the scheme more generous and attractive to claimants a lower threshold was required . After some negotiation , a threshold of 20 % CP was agreed . I was retained by the GMB , which was the largest union at Sellafield , but being totally unfamiliar with trade union negotiation I was taken aback by the occasional acrimony involved .
Eventually a form of agreement was made , some of which is retained in the present scheme , for instance the impact of smoking on the incidence of lung cancer . The aim of the agreement was to provide a means of getting compensation to deserving claimants quicker than in court , recognising that an increase in the incidence of cancer was the only likely consequence of protracted lowlevel radiation exposure . This was achieved .
The original scheme , which only applied to workers ( or ex-workers ) employed by BNFL , only covered compensation for death . In 1987 the scheme was extended to cover morbidity . Following this , other employers at licensed nuclear sites have joined , e . g . UKAEA in 1987 ; the generating companies in 1993 ; MoD / AWE in 1994 ; the Royal Dockyards in 1997 ; and finally Babcock Naval Services and GE Healthcare ( formerly Amersham International ) in 2005 . The requirements for a claimant ' s eligibility are : to have been employed by a scheme participant ; membership of a recognised trade union ( there are special arrangements for members of the armed services ); to have a radiation dose record ( internal and external ); and to have developed a cancer for which there is some evidence of association with radiation exposure . This latter requirement excludes Hairy Cell Leukaemia , Hodgkin ' s Disease , Chronic Lymphatic Leukaemia , Melanoma and Mesothelioma . In the current scheme
1
See article in Radiation Protection Today , Issue 1 ( Summer 2021 ), p16
2
International Commission on Radiological Protection , 1977 . Recommendations of the ICRP . ICRP Publication 26 . Ann . ICRP 1 ( 3 ).
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