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The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention. The Committee also notes the response provided with regard to effect given to Article 13 of the Convention, and the Government’s statement that Regulation No. 297 has been repealed and replaced by Cabinet Regulation No. 149 of 9 April 2002, regarding protection against ionizing radiation. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.
Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response indicating that in accordance with paragraph 58 of the Cabinet Regulation No. 219 on procedures for performance of mandatory health examinations, if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the effect of the specific factor of the work environment harmful to their health. The Government further states that where alternative employment is not possible, the employer has the right, under section 101 of the Labour Law, to terminate the employment. The Committee refers the Government to paragraph 32 of its 1992 general observation on the Convention and asks the Government to provide information on measures undertaken or envisaged to ensure that a worker, whose continued employment in a particular job is prohibited for health reasons, is provided with suitable alternative employment or able to maintain their income through social security measures or otherwise.
The Committee takes note of the Government’s comprehensive report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points.
1. Article 13 of the Convention. Exposure during emergencies. The Committee takes note of the Cabinet of Ministers Regulation No. 149 of 9 April 2002 on regulations for protection against ionizing radiation, of which clauses 159-163 contain provisions related to emergency situations. Clause 159.1 provides for intervention measures to be taken in the event of radiation accidents in order to reduce or prevent short-term exposure. Pursuant to clause 160, the necessity for an intervention has to be assessed by the work supervisor, the radiation safety expert and the nuclear safety experts. In carrying out the assessment, the positive effect and costs of any intervention have to be in proportion to the possible damage to health. However, clause 163 stipulates that an intervention in a radiation accident shall be justified if the radiation accident may cause serious damage to human health. Hence, the Committee understands that there is no need for carrying out an assessment as prescribed under clause 160. It nevertheless requests the Government to confirm its view of this clause of Regulation No. 149. With regard to the limitation of occupational exposure due to an accident, the Committee notes that Regulation No. 149 does not provide for specific exposure limits of workers during emergency operations. The Committee therefore would draw the Government’s attention to paragraphs 16-27 of its 1992 general observation under the Convention where it is indicated that the International Commission on Radiological Protection (ICRP), in its latest Recommendations of 1990, permits an effective dose up to 0.5 Sv and unlimited exposure for life-saving actions, during the "immediate and urgent remedial work", but calls for the application of the normal occupational dose limits without exception "once the immediate emergency is under control". The Committee accordingly requests the Government to indicate whether a provision exists providing for the above exposure limits applicable during emergency situations, and, if not, to take the necessary measures to align the national legislation with the above principles established by the ICRP. In this context, the Committee further refers to its previous direct request in which it had noted the provisions of clauses 156 and 157, in conjunction with clause 47.2 of Regulation No. 297 on protection against ionizing radiation, 1997, permitting a dose limit of 40 mSv for worker exposure, i.e. twice the annual dose limit fixed for radiation workers, in the framework of emergency interventions for saving assets of significant value. The Committee had noted that this dose limit was not in conformity with the ICRP Recommendations of 1990. The Committee notes section 30 "Transitional provisions" of the Radiation Safety and Nuclear Safety Act, 2000, providing, inter alia, for the adoption of implementing regulations by the Cabinet of Ministers within 12 months after the entry into force of this Act. The Committee, concluding that Regulation No. 297 on protection against ionizing radiation, 1997, is no longer in force, nevertheless requests the Government to confirm that the Regulation No. 297 on the protection against ionizing radiation, 1997, is abolished.
2. Article 14. Alternative employment. The Committee notes clause 71 of the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionizing radiation, providing for an extraordinary health examination of the worker in the event that the established annual dose limit of 20 mSv for radiation workers has been exceeded, as well as for the necessary treatment of the worker concerned. In the same way clause 72 provides for such medical health examinations and medical treatment in the event of a radiation accident. The Committee notes, however, the absence of any provisions with regard to measures to be taken to ensure the provision of alternative employment to workers who for health reasons are to discontinue their work involving ionizing radiations. The Committee therefore would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, underlining that the offer of suitable alternative employment opportunities to the workers concerned, derives from the provision of Article 3, paragraph 1, of the Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.
In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment for workers who, for health reasons, are to discontinue radiation work, or to enable them to maintain their income otherwise than through social security measures.
The Committee notes with interest the adoption of the Radiation Safety and Nuclear Safety Act of 26 October 2000, enshrining the main basic principles governing radiation protection. It further notes the number of regulatory texts adopted during the reporting period, and in particular the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionising radiation, which reflect the dose limits for exposure to ionizing radiation of the different categories of workers and the general public which are in conformity with the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. In this respect, it also notes the Government’s indication that the above legislation has been adopted by taking into consideration the respective EU Directive and the requirements set forth in the relevant documents of the ILO and the International Atomic Energy Agency.
The Committee is addressing a request on certain other points directly to the Government.
With reference to its previous comments, the Committee would draw the Government’s attention to the following point.
Article 13(d) of the Convention. The Committee notes that according to clause 156 of Regulations No. 297 on the Protection against Ionizing Radiation, 1997, the permissible dose limits for workers’ exposure may be exceeded in emergency situations in order to save people’s lives, to prevent major exposure of the general public or to save assets of significant value. In this event, clause 157 of the abovementioned Regulations provides for the application of the dose limits established for sanctioned exposures (clauses 46 to 59). Clause 47.1 establishes a dose limit of 20 mSv for any case of especially sanctioned exposure. Clause 47.2 fixes a dose limit of 40 mSv, that is twice the effective annual dose limit set forth in clause 37, for activities to be taken in order to save assets of significant value, and clause 47.3 fixes a dose limit of 200 mSv, thus five times the annual dose limit, for activities taken to prevent a major exposure of the general public during an accident or to save people’s lives. With regard to the dose limit established under clause 47.2 of Regulations No. 297 on the Protection against Ionizing Radiation, 1997, the Committee recalls the explanations given in its general observation under the Convention (items 16 to 27 and 35 (c)), which refer to the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) with regard to the limitation of exposure to ionizing radiation in emergency situations, where it is said that once the immediate emergency is under control, the normal occupational dose limits are to apply without any exception. Moreover, exceptional exposure of workers is neither justified for the purpose of rescuing "items of high material value", nor, more generally, because alternative techniques of intervention which do not involve such exposure to workers "would involve an excessive expense". The Committee therefore requests the Government to indicate the measures taken or contemplated with a view to ensure conformity with the abovementioned principles established by the ICRP in 1990.
In addition, the Committee would ask the Government to supply a copy of Regulations No. 136 of the Cabinet of Ministers of 14 April 1998 on the procedure of registration and control of nuclear substances; Regulations No. 223 of the Cabinet of Ministers of 20 June 1996 on the procedure of issuing licences and permissions to work with radioactive substances and other sources of ionizing radiation; Regulations No. 95 of the Cabinet of Ministers of 14 March 2000 concerning the amendments to Regulations No. 297 on the protection against ionizing radiation, 1997; Regulations No. 97 of the Cabinet of Ministers of 9 March 2000 concerning the amendments to the Regulations No. 297 on the protection against ionizing radiation, 1997; Regulations No. 96 of the Cabinet of Ministers of 9 March 1999 concerning regulations on controlling radioactive contamination of animal feed; and of Order No. 8 of the Ministry of Welfare of 20 January 1999 concerning the amendment to the regulations concerning the issuance of business licences and permits to the Health Statistics, Information and Medical Technologies Centre Commission to work with radioactive substances or other sources of ionizing radiation used in medicine.
The Committee notes with interest the Government’s indication that following the ratification of the Convention, a Tripartite Labour Protection Advisory Council has been established in which representatives of state institutions, employers and workers cooperate on issues concerning the application of the Convention. It further notes with interest the adoption of numerous regulations and orders on issues related to radiation protection, in particular the adoption of Regulations No. 297 of 12 August 1997 on the protection against ionizing radiation. In this connection, the Committee notes the Government’s indication that it is planned to replace the Radiation Protection and Nuclear Safety Act of 1 December 1994 by a new law with the same name, that the draft law has been already submitted to Parliament, and that its adoption was expected for September 2000. As to the content of the draft law, the Government indicates that the provisions are based on the requirements set forth in the respective documents of the ILO and the International Atomic Energy Agency, and that it contains provisions eliminating the outdated system of supervision, particularly in the field of medicine. The Committee hopes that the Government will provide information on developments in this regard and supply a copy of the new Act on Radiation Protection and Nuclear Safety once it is adopted.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.
1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.
2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 general observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.
3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiation, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiation only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiation. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.
4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiation, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiation.
5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiation and substances and ensure that applicable dose limits are respected.
6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 general observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.
7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.
8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the matters raised in its previous direct request, which read as follows:
2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 General Observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.
6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 General Observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.
7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.
8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 General Observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.
3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiations, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiations only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiations. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.
4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiations, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiations.
5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiations and substances and ensure that applicable dose limits are respected.
6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 General Observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiations), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.
7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.