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Radiation Protection Convention, 1960 (No. 115) - Czechia (RATIFICATION: 1993)

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Previous comments: C.155 and C.187, C.161 and C.115

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos. 115 (radiation protection), 155 (OSH), 161 (occupational health services), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No.155)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

  • Action at the national level
Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the Government’s statement in its report that it does not have further information regarding the possible ratification of other OSH conventions. The Committee requests the Government to provide information on any measures envisaged to consider measures that could be taken to ratify relevant OSH conventions in the future.
  • National policy
Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. Consultation of the social partners. Following its previous comment, the Committee notes the Government’s indication that the National OSH Policy adopted in 2003 has been continuously updated since, serving as the basis for the biennial national programme. The Government Council on OSH was established in 2003 as the tripartite advisory body for the assessment, review and implementation of the National OSH Policy. Basic priorities and objectives of the National OSH Policy include the prevention of occupational hazards, identification, assessment and management of occupational risks, protection of specific vulnerable groups and education and training, among others. The Committee notes the Government’s information which addresses its previous request.
  • National system
Article 4(3)(e) of Convention No. 187. Research. The Committee notes that research and development is one of the basic priorities identified by the National OSH Policy and the National OSH Action Programme (2019–20). The Committee requests the Government to provide further information on the measures taken to implement National OSH Actions Programmes in this regard, in accordance with the targets and indicators determined, including those to ensure sufficient resources and personnel for relevant research institutes.
Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. Following its previous comment, the Committee notes the Government’s indication that compensation for industrial accidents and occupational diseases is regulated in the Labour Code (sections 269–275) and in the Civil Code (sections 2894–2971), and that subsequent legislative and technical changes have been made in a number of other legal provisions and regulation since 2015. The Committee requests the Government to provide further information on the role of insurance and social security systems in the compensation related to occupational accidents by virtue of relevant provisions of the Labour Code and the Civil Code, and to provide information on collaboration between the compensation system and authorities responsible for OSH.
Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Following its previous comment, the Committee notes the Government’s information on measures taken for the progressive improvement of OSH in SMEs, in particular regarding informative and consultative activities. The Government indicates that such activities have increased knowledge of OSH good practice guidelines, as well as procedures leading to the optimization of working conditions and a safe working environment, without compromising the performance of work. These initiatives have helped SMEs both to cope with the obligations arising from their legal responsibilities and to take preventive measures. The Committee notes the Government’s information which addresses its previous request.
  • National programme
Article 5(2)(d) of Convention No. 187. Targets and indicators for monitoring progress and the review of national programmes on OSH. The Committee notes the Government’s indication that, based on the National Policy, the National OSH Action Programme is prepared by the Government Council for the OSH with the participation of social partners and submitted to the Government for adoption every two years. Specific medium-term and short-term tasks are part of each National OSH Action Programme. The Committee also notes that the most recent Programme available online is for the period of 2019–20 and is divided into seven basic priorities: (i) ensuring the financing of the OSH system; (ii) prevention of occupational health risks; (iii) Occupational medical services; (iv) rehabilitation after work-related accidents and occupational diseases; (v) safety and health protection of children, pupils and students; (vi) research and development; and (vii) education, awareness and promotion. The Committee requests the Government to provide information on the National OSH action programmes adopted since the 2019–20 programme. It requests the Government to provide information on the results of the evaluation of the most recent Programme, including whether the targets have been met in accordance with the timelines set, the challenges and good practices identified, as well as how such results contribute to the formulation of the National OSH Action Programme for the next period.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(h) of the Convention. Vocational rehabilitation. Following its previous comment, the Committee notes the Government’s indication regarding measures to create optimal conditions for the inclusion of persons with disabilities in the labour market, within the framework of the National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2021–25. It also notes the Government’s reference to section 80 of Act No. 435/2004 on employment regarding cooperation between occupational health services and employers in relation to the individual adaptation of workplaces for persons with disabilities. The Committee further notes that Decree No. 79/2013 Coll. was amended by Decree No. 452/2022 Coll. to delete provisions regarding counselling for vocational rehabilitation as a function of occupational health services from section 2(b) of that Decree. The Committee requests the Government to provide further information on any measures taken or envisaged in law and practice to ensure that occupational health services contribute to the vocational rehabilitation of workers.
Article 5(f). Surveillance of workers’ health. Following its previous comment, the Committee notes the Government’s indication that the Amendment to Act No. 373/2011 Coll. on specific health services (Act No. 202/2017) resulted in changes in relation to the provision of occupational health services, by simplifying procedures for issuing medical assessments, and reducing the administrative and economic burden for persons involved, including employees, jobseekers and employers, as well as health service providers. In addition, the Government indicates that allowing the provision of occupational health services by a provider other than the one contracted by the employer increases the supply of these services, while simplifying access to these services for the employers concerned. The Government further indicates that the new legislation enables employer to fulfil their legal obligation to ensure the provision of occupational health services to their employees. The Committee notes the Government’s information which addresses its previous request.
  • Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the State Mining Administration carries out a regular annual evaluation of the OSH situation in the mining sector and produces an annual report. It also notes that, as provided for by section 40(6)(a) of Act No. 61/1988 Coll. on mining activities, explosives and the State Mining Administration, the State Mining Administration develops an OSH policy in consultation with social partners. The Committee requests the Government to provide information on how section 40(6)(a) of Act No. 61/1988 Coll. is implemented in practice regarding the development of an OSH policy in mining sector in consultation with social partners.
  • Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. The Committee previously noted that workers younger than 18 years were prohibited from working with sources of ionizing radiation, except for persons aged between 16 and 18 years of age for the sole purpose of vocational training (section 5(1)(e) and 5(4)(d) of Decree No. 180/2015). It noted in this respect that section 21(1) of Decree No. 307/2002 set the maximum permissible doses for apprentices and students aged between 16 and 18 as follows: an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. The Committee requested the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18. In this respect, the Committee notes with interest that section 5(3) of Decree No. 422/2016 Coll. provides that, for pupils and students between 16 and 18 years of age who have to work with a source of ionising radiation during their studies, the dose limit for the lens of the eye has been reduced to an equivalent dose of 15 mSv. The Committee notes the Government’s information which addresses its previous request.

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General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.
Article 5 of the Convention. Restricting exposure to ionizing radiation. In its previous comment, the Committee requested information on measures taken to restrict the exposure of workers to ionizing radiation to the lowest practicable level, and that any unnecessary exposure is to be avoided. The Committee notes the indication of the Government, in its report, that the whole system of radiation protection introduced by the Act No. 18/1997 Coll., the Atomic Act, and implementing regulations has the objective to limit radiation or prevent persons’ unnecessary exposure to ionizing radiation. The Committee notes in this respect section 4 of Act No. 18/1997 Coll. and chapter IV of the Decree of the State Nuclear Safety Office No. 307/2002 Coll., which give effect to this provision.
Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. In its previous comment, the Committee requested additional information on measures taken to ensure that workers under the age of 16 are not engaged in work involving ionizing radiation. In this regard, the Committee notes with interest that section 5(1)(e) of Decree No. 180/2015 concerning prohibited works and workplaces, which came into effect on 1 September 2015, explicitly prohibits workers younger than 18 years from working with sources of ionizing radiation. The Committee further notes that section 5(4)(d) of this Decree provides an exception for persons aged between 16 and 18 years of age for the sole purpose of vocational training, and that section 21(1) of Decree No. 307/2002 sets the maximum permissible doses for apprentices and students aged between 16 and 18, that is an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, and referring to paragraphs 13 and 34 of its 2015 general observation, the Committee draws the Government’s attention to the most recent standards in this respect, which provide that the dose limit for apprentices and students aged between 16 and 18 is, as regards the lens of the eye, an equivalent dose of 20 mSv in a year. The other dose limits for this category of persons are not changed. The Committee requests the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18, in light of its 2015 general observation.
Article 8. Dose limits for workers not directly engaged in radiation work. With reference to its previous comment concerning dose limits set out in section 23(1) of Decree No. 307/2002, the Committee takes note of the explanation of the Government that this provision concerns persons who are willingly exposed to radiation beyond the frame of their obligations and within the framework of medical exposure.

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The Committee notes the information in the Government’s latest report, including references to the availability of legislation online. The Committee also notes the inclusion of observations made by the Confederation of Industry and Transport on the importance of occupational safety and health (OSH) policy in the sector of radiation protection, despite the high costs, and that surveillance of workers in this area is undertaken by the Czech authorities, and also the strong pressure of both the Czech Republic and the international community. The Committee further notes the responses by the Government to its previous comments, which appear to show effect given to Articles 1 and 12 of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

Article 5 of the Convention. Exposure to ionizing radiation. The Committee notes the response provided by the Government indicating that the principle of optimization and other basic principles of radiation protection are enshrined in Act No. 18/1997 Coll., the Atomic Act, as amended. The Government indicates that limiting the exposure of workers to the lowest level possible is done using the system of quality assurance, and that such a system requires each workplace involved in disposing ionizing radiation to submit the so-called evidence of optimization as well as a quality assurance programme according to section 13(5) of the Atomic Act, which forms a part of the approval documentation for a permit to dispose of ionizing radiation. Section 17(3) of Decree No. 307/2002 Coll., as amended, takes into account the economic and social factors to assess the benefits of measures for introducing graded radiation activities, medical radiation, natural and accidental exposure. The Committee notes that the Government has not referred to any efforts made to restrict the exposure of workers to ionizing radiation to the lowest practicable level, and that any unnecessary exposure is to be avoided. The Committee reiterates its request that the Government indicate the measures taken or envisaged to apply Article 5 of the Convention, in law and in practice.

Article 7. Prohibition against engaging workers under the age of 16 in work involving ionizing radiation. The Committee notes the information provided by the Government indicating that section 21 of Decree No. 307/2002 sets limits for apprentices and students (16–18 years of age), but that the Government does not specify the provisions which ensure that workers under the age of 16 are not engaged in work involving ionizing radiation. The Committee asks the Government to specify the exposure limits set for apprentices and students
(16–18 years of age); and to indicate the measures taken or envisaged to ensure that no worker under the age of 16 shall be engaged in work involving ionizing radiation.

Article 8, in accordance with Article 6. Levels to be set for workers who are not directly engaged in radiation work. The Committee notes the information provided by the Government which indicates that section 23 of Decree No. 307/2002 limits the exposure of individuals in special cases, including exposure of individuals who care for patients exposed to medical radiation beyond their duties or who live in the same household (persons older than 18 years), and that the limit for such exposure is 5 mSv per calendar year and 1 mSv per calendar year for other persons. The Committee, referring to paragraph 35(a)(ii) of its 1992 general observation on the Convention which specifies that external and internal exposures of workers not directly engaged in radiation work, as well as of members of the general public, are to remain below 1 mSv a year, asks the Government to keep the Office informed of any measures taken to bring national laws into line with these requirements.

Part V of the report form. Application of the Convention in practice. The Committee notes the response provided by the Government indicating that the reduction of risk of accidental exposure of workers to a dose exceeding the maximum permissible limit (occurring in only extremely rare incidents) is dealt with in the document “On-site Emergency Plan” that is part of the approval documentation for permission to use ionizing radiation sources (in the annex to the Atomic Act), and that the focus of inspectors of the State Office for Nuclear Safety is also to prevent such situations. The Committee notes the detailed information provided by the Government in its report regarding the application of the Convention, including on inspection activities in the area of radiation protection. The Government indicates that a total of 1,078 inspections were carried out in the area of radiation protection in 2009, of which 33 were identified as grade 3 (meaning an inspection in which deficiencies were detected preventing a safe manner in the carrying out of activities leading to exposure). The Committee also notes the information that 22,500 workers were monitored by dosimetric services in 2009. The Government indicates that the issuing of personal radiation cards has helped ensure an accurate and a complete assessment of doses for workers entering the controlled area. The Committee notes the information that, based on an analysis of the findings from investigations of higher doses, the critical group of workers with high occupational exposure (apart from uranium miners) are doctors conducting medical intervention radiology procedures. The Government also indicates that since 2002, radiation exposure of workers has been monitored in workplaces where there may be a significant increase in radiation from natural sources, and that the most important professional groups, whose doses are regularly evaluated, are airline staff and tour guides in caves open to the public. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

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1. The Committee notes with interest the information in the Government’s report including replies to comments made by the Committee as well as the information regarding amendments to Act No. 18/1997 on the peaceful use of nuclear energy and ionizing radiation by Act No. 13/2002, and the adoption of the following Decrees: No. 307/2002 on requirements for securing radiation protection (replacing No. 184/1997 on the same subject); No. 419/2002 on personal radiation passports; No. 318/2002 on details to ensure disaster prevention in nuclear installations and workplaces with ionizing radiation sources and on requirements made on the contents of internal disaster prevention plans and disaster prevention rules; and No. 317/2002, amending Decree No. 146/1997 specifying activities directly affecting nuclear safety and activities and especially important for radiation protection. As further examined below, the newly adopted legislation appears to give effect to most aspects of Articles 1, 5 and 8. The texts of the new pieces of legislation were not, however, appended to the report. The Committee also notes the observations of the Czech-Moravian Confederation of Trade Unions reflected in the report and according to which a more detailed comparison of the legislative changes introduced by the new legislation should have been presented by the Government. Against this background, the Committee requests the Government to provide with its next report copies of the new pieces of legislation, including, if possible, translations thereof into one of the working languages of the ILO, to enable the Committee to examine them in detail. In the meantime, and on the basis of the information in the Government’s report, the Committee draws the attention of the Government to the following points.

2. Article 1. Tripartite consultations. The Committee notes with interest that in reply to the Committee’s previous comments, the Government indicates that consultations with the tripartite constituents, as well as other interested institutions, are provided for in general rules concerning the procedure to follow for developing and adopting legislation. The Committee notes this information and requests the Government to indicate the manner in which it is ensured that consultations are held with the representatives of employers and workers on questions also related to the implementation of laws and regulations or other measures giving effect to the Convention.

3. Article 8. Dose limits for non-radiation workers; Article 12. Medical examinations. The Committee notes with interest that in reply to its previous comments on these issues, the Government indicates that section 19 of Decree No. 307/2002 provides for an annual dose limit of 1 mSv for non-radiation workers which is in conformity with the 1990 recommendations of the International Commission on Radiological Protection (ICRP) and section 28, subsection 3(a) of Decree No. 307/2002 provides for a pre-employment medical examination and that section 28, subsection 3(b) of the same decree prescribes a periodical medical check-up of category-A workers once a year. As regards the latter point, the Committee requests the Government to provide some further information on the medical examinations required for different categories of workers.

4. Article 5. Exposure to ionizing radiations. The Committee notes the Government’s indications that radiation exposure limits are set down in sections 19 to 23 of Decree No. 307/2002 and that protection against ionizing radiation is based on the internationally recognized principle of optimization referred to in section 17 of the same Decree. Accordingly, all radiation should be planned and kept at a level as low as reasonably achievable with regard to economic and social factors. The Government also indicates that when setting down the optimization measures for an individual activity leading to radiation, the competent authority takes into account existing experience with such activities and sources, so that the level of radiation protection is not lower that that already achieved, and takes into account a possible influence of other activities and sources, so that the overall excess of radiation limits is prevented. The Committee once again draws the attention of the Government to the fact that the Convention requires the restriction of exposure "to the lowest practicable level", and requests the Government to indicate to what extent economic and social factors have been taken into consideration in this context and to take the necessary measures to ensure that exposure of workers is restricted to the lowest practicable level in accordance with the Convention.

5. Article 7, paragraph 2. Prohibition against engaging workers under the age of 16 in work involving ionizing radiation. The Committee notes that in reply to its previous comment on this issue the Government refers to section 24 of Decree No. 307/2002 which provides that persons below the age of 18 cannot be given a job potentially leading to radiation exposure at a level exceeding general limits, and must be given such conditions and such a level of radiation protection as for the general population. The Committee also notes, however, that the Government elsewhere in the report indicates that section 21 of Decree No. 307/2002 sets radiation limits for apprentices and students who are 16 to 18 years old and that section 23 of the same Decree sets radiation limits for special cases. The Committee requests the Government to provide further information about the radiation limits prescribed for apprentices and students from 16 to 18 years of age and how these rules are applied in practice, as well as further information on the apparent exceptions possible for "special cases", the modalities therefor and the measures taken or envisaged to ensure that no worker under the age of 16 years is engaged in work involving ionizing radiations.

6. Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided by the Government in its report concerning the manner in which work involving radiation is being supervised, as well as the outcome of this supervision. The Committee also notes with interest the introduction by Decree No. 419/2002 of personal radiation cards or passports issued to external workers on a contract in a controlled zone of a different operator. The Committee invites the Government to continue to provide such information on the practical application of the Convention including information on the measures taken to limit the cases where workers accidentally are exposed to doses exceeding the prescribed maximum levels as well as on the experiences gained with the personal radiation passports.

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The Committee takes note of the Government’s last report. It draws the Government’s attention to the following points requiring additional measures.

1. Article 1 of the Convention. The Committee notes that the national legislation designed to give effect to the provisions of the Convention does not seem to contain a provision with regard to consultations with representatives of employers and workers on the preparation and implementation of laws and regulations or other measures giving effect to the Convention. The Committee therefore requests the Government to indicate the manner in which the representatives of employers and workers are consulted in this respect.

2. Article 5. The Committee notes section 4, subsection 6, of Act No. 18/1997 on peaceful use of nuclear energy and ionizing radiation stipulating that the person performing radiation practices must reduce the exposure of people so that the total exposure caused by a possible combination of exposure from all radiation practices does not exceed the specified exposure limits. Section 4, subsection 4, of Act No. 18/1997 on peaceful use of nuclear energy and ionizing radiation requires the user of nuclear energy or of radiation practices to maintain a level of nuclear safety, radiation protection, physical protection and emergency preparedness that the risk to human life, health and to the environment is kept as low as reasonably achievable, economic and social factors being taken into account. According to section 7, subsection 4, of Regulation No. 184/1997 on radiation protection requirements, "the reasonable achievable level of radiation protection is possible to prove by the procedure during which they compared the costs for the alternative measures for the upgrade of radiation protection …". With a view to the fact that the Convention requires the restriction of exposure "to the lowest practicable level", the Committee requests the Government to explain to which extent economic and social factors are taken into consideration in this context, and to take the necessary measures to ensure that exposure of workers is restricted to the lowest practicable level.

3. Article 7, paragraph 2. The Committee notes that according to section 11, subsection 2, of Regulation No. 184/1997 on radiation protection requirements, the dose limit for persons under the age of 16 is the same as the basic general limits, which are established under section 9 of this Regulation. Section 9, subsection 1(a), of Regulation No. 184/1997 on radiation protection requirements provides for an annual dose limit of 1 mSv. In contrast, the Convention prohibits the engagement of young workers under the age of 16 to work involving exposure to ionizing radiations. The Committee accordingly requests the Government to take the necessary measures to ensure that no worker under the age of 16 is engaged in work involving ionizing radiations.

4. Article 8. The Committee notes that pursuant to section 12, subsection 1, of Regulation No. 184/1997 on radiation protection requirements, the annual dose limit for non-radiation workers is 1 mSv for persons under the age of 18 and 5 mSv for other persons, thus persons aged 18 and over. In this regard, the Committee recalls that the International Commission on Radiological Protection (ICRP) established in its 1990 Recommendations a general annual dose limit of 1 mSv for this category of persons. The Committee accordingly requests the Government to align the current dose limit with that recommended by the ICRP.

5. Article 12. The Committee notes that section 37, subsection 2, of Regulation No. 184/1997 on radiation protection requirements provides for regular medical examinations of workers, at least every two years. However, there seems to be no provision providing for appropriate medical examinations of workers prior or shortly after taking up work involving ionizing radiations. The Committee therefore requests the Government to take the necessary measures to ensure that medical examinations of workers are carried out as well before the commencement of work involving ionizing radiations.

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The Committee notes with interest the information provided in the Government's report in reply to its previous General Observation. In particular, it notes the Government's indication that the Directives concerning ionising radiation are being revised in order to reflect the recommendations made by the International Commission on Radiological Protection in Publication No. 26 and that these amendments will include extraordinary measures to be taken in abnormal situations. In this regard, the Committee would refer the Government to its General Observation under this Convention, in particular paragraphs 16 to 27 concerning the limitation of occupational exposure during and after an emergency and requests the Government to indicate, in its next report, the steps taken or being considered in relation to the matters raised in paragraph 35(c) of the General Observation.

The Committee would also draw the Government's attention to the other matters raised in its General Observation on the basis of the new findings set out in the 1990 Recommendations of the International Commission on Radiological Protection. It requests the Government to indicate the measures taken to ensure the effective protection of workers in the light of current knowledge, in conformity with Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, and to indicate the steps taken or being considered in relation to the various points raised in the conclusions to the General Observation.

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