His Majesty’s Prison and Probation Service (HMPPS) has been issued a Crown Censure by the Health and Safety Executive (HSE) following a comprehensive investigation into significant radon exposure at HMP Dartmoor in Devon. The decision comes after findings revealed that both prisoners and staff were exposed to radiation levels exceeding legal limits for a prolonged period, stemming from inadequate management of radon within the facility. This action represents the maximum sanction available to the HSE against a Crown body, underscoring the seriousness of the breaches identified.
Staff and prisoners exposed to radiation above legal limits
The HSE’s investigation commenced after HMPPS first notified the regulator of suspected overexposure in February 2023. Subsequent monitoring confirmed elevated radon concentrations in various areas of the prison, including prisoner accommodation, which led to the prolonged exposure of individuals to radiation levels above the specified dose limits. The Ionising Radiations Regulations 2017 set out these crucial exposure limits for employees and other persons, which HMPPS failed to uphold.
As a direct consequence of these findings, the HSE took enforcement action against HMPPS, highlighting regulatory breaches in both February and December 2023. The investigation concluded that the failures in managing radon exposure were significant and persistent. A file was subsequently passed to the HSE’s legal services division for review, leading to the authorisation of the Crown Censure in accordance with the Code for Crown Prosecutors.
A Crown Censure, while not a formal finding of guilt, is equivalent to a decision to authorise criminal charges against a non-Crown body. It serves as an official reprimand and ensures a lasting, public record of a Crown body’s failure to comply with health and safety law. Unlike prosecutions against private companies, there is no financial penalty associated with a Crown Censure. A formal hearing will be scheduled to confirm the censure, solidifying its place in public record.
Radon is a naturally occurring radioactive gas that poses a serious health risk. It is the second largest cause of lung cancer in the UK, contributing to over 1,000 fatal cancers annually. Areas like Dartmoor, due to their underlying geology, are known to have higher potential radon levels. Radon concentration is measured in Becquerels per cubic metre (Bq/m³), and employers are legally obligated to ensure workplaces comply with the Ionising Radiations Regulations 2017 to protect individuals from harmful exposure.
The HSE, as Britain’s national regulator for workplace health and safety, is responsible for enforcing these regulations and providing guidance to employers on managing risks such as radon. Their investigation into HMP Dartmoor highlighted a critical failure in HMPPS’s duty to protect its staff and prisoners from this known hazard. In response to the ongoing issues, HMPPS made the decision to mothball HMP Dartmoor in 2024.
This Crown Censure reinforces the HSE’s commitment to holding all organisations, including Crown bodies, accountable for serious breaches of health and safety law. It serves as a stark reminder of the importance of robust risk assessment and management, particularly concerning invisible hazards like radon, to ensure the well-being of all individuals within a workplace environment. The public record of this censure will stand as a testament to the regulatory failure and the subsequent action taken to address it.
Originally published by the Health and Safety Executive.
