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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 139 (occupational cancer) together.

Protection against specific risks

Protection of workers against ionizing radiations (Convention No. 115)

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 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Exemption. In its previous comments, the Committee requested the Government to confirm that Internal Regulations No. 1 (2006) concerning the Control of the Use of Radioactive Sources in Iraq (2006 Regulations) issued by the Radioactive Source Regulatory Authority apply to all uses of radiation in the country and to provide information on exemptions granted under sections 4(4) and 5 of these Regulations. In this regard, the Committee notes the Government’s statement in its report that the 2006 Regulations are applicable to all known radiation uses and practices involving radioactive sources. It also notes the Government’s indication that, pursuant to section 5(2) of the 2006 Regulations, when as a result of a radiation practice the radiation exposure of the public does not exceed 10 mSv per year, the relevant body is exempted from the Authority’s licensing requirements, including the preparation of a local emergency plan. However, it is subject to other measures such as inspections, licence extension and end-of-life disposal of the source. The Committee notes that such an exemption is in line with the standards contained in the publication Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (General Safety Requirements Part 3), issued in July 2014 by the International Atomic Energy Agency. It takes note of this information.
Articles 2 and 3. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. In its previous comments, the Committee requested the Government to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined. The Committee notes that the Government has not replied to its request.
In this regard, the Committee would like to draw the Government’s attention to paragraphs 17–23 and 36–37 of its 2015 general observation, where it indicates that individual exposure in emergency situations should be optimized, with appropriate boundaries of reference levels. Such reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures are to be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv, except in certain specific and exceptional situations (described in paragraph 37 of the general observation). Response organizations (as defined in note No. 19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who undertake actions in exceptional circumstances in which the doses received might exceed 50 mSv do so voluntarily, have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety and that they are, to the extent possible, trained in the actions they may be required to take. In light of the indications contained in the abovementioned paragraphs of its 2015 general observation, and acknowledging the difficult situation in the country, the Committee requests the Government to provide information on the boundaries of reference levels for the exposure of workers in emergency situations, as well as the exceptional circumstances and the conditions in which emergency workers might be subject to an exposure in excess of 50 mSv.
Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. In its previous comments, as regards the application of Article 12, the Committee requested the Government to supply a copy of relevant instructions in relation to the type and nature of the medical examinations required before the employment and then periodically. The Committee takes note of the preliminary and periodical medical examination forms provided by the Radiation Prevention Centre at the Ministry of the Environment, enclosed with the Government’s report, which give information in this respect. Concerning the application of Article 13(a), it notes however that the Government did not provide the information requested in relation to medical examinations in cases of emergency. The Committee requests the Government to specify the measures taken to ensure that workers undergo promptly an appropriate medical examination in certain circumstances, because of the nature and/or degree of the exposure to ionising radiations, and to give details about these circumstances.

Prevention and control of occupational hazards caused by carcinogenic substances and agents (Convention No. 139)

Article 3 of the Convention. Appropriate system of registers. In its previous comments, the Committee requested the Government to provide information on progress made in the establishment of an appropriate system of records, in respect of workers exposed to carcinogenic substances. The Committee notes the Government’s indication in its report that a national record of cancers exists within the Ministry of Health. The Committee also notes the attached form adopted by the Ministry of Health for cancer records, which includes personal information, information on the occupation, on the disease and on the treatments. The Government indicates that this information is included among the main data recorded when persons suffering from cancer are admitted to government hospital. It adds that all factories, plants and employers are required to report on an annual basis any case of cancer diagnosed among the staff of the establishment concerned. The Committee requests the Government to provide further details about the functioning in practice of the national record of cancer within the Ministry of Health, including the implementation of the obligation for employers to report cases of cancer and to provide also any legal text concerning this obligation.
Article 5. Provision of medical examinations. Application in practice. The Committee previously noted the information provided by the Government concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. It notes that under section 59 of the Social Security and Retirement Act, No. 39 of 1971, provided by the Government with its report, the company or the injured worker may ask for medical re-examination once every six months during the first year from the date on which the disability is confirmed and once annually thereafter. The Committee also notes that section 61 of this Act provides that employers shall be responsible, in case an occupational disease is detected within one year from the termination of employment, and on the condition that the worker has worked in an industry unrelated to the respective occupational disease. The Committee requests the Government to provide statistical information on occupational diseases detected within one year from the termination of employment.
Application in practice. The Committee notes the Government’s indication that the requested statistical data concerning the number of workers covered and the number of diseases will be provided in a subsequent report as soon as they are available. The Committee requests the Government to provide information in this regard, including the number and nature of the contraventions reported, and the number, nature and cause of cases of diseases.

CMNT_TITLE

Further to its observation the Committee notes the following points:
Article 2(1) of the Convention. Exemptions. With reference to its previous comments, the Committee recalls that this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. The Committee notes that Sections 4(4), 5 and 11(1)(b) of the 2006 Regulations authorize the Radioactive Source Regulatory Authority to grant exemptions from its application under certain circumstances. Furthermore, with reference to section 2 of Act No. 99, 1980, it is not quite clear whether the present regulations apply to all activities involving exposure of workers to ionizing radiations in the course of their work. The Committee requests the Government to indicate whether and to what extent any exemptions have been granted under sections 4(4), 5 and 11(1)(b) of the 2006 Regulations and to confirm that the Internal Regulations No. 1 (2006) concerning the control of the use of radioactive sources apply to all uses of radiation in the country.
Articles 12 and 13(a). Regular medical examinations and medical examinations in cases of emergency. Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions and that in its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes that the Regulations do contain provisions giving effect to these provisions of the Convention. The Government is once again requested to supply a copy of relevant instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.
Occupational exposure during and after an emergency. The Committee once again draws the Government’s attention to paragraphs 16–27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency and that section 35 of the 2006 Regulations does not fully reflect the recommendations in the general observation. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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The Committee notes with satisfaction the adoption and transmission to the ILO of Internal Regulations No. 1 (2006) concerning the Control of the use of Radioactive Sources in Iraq (2006 Regulations) issued by the Radioactive Source Regulatory Authority that these regulations provide for the steps to be taken to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Articles 3(1), 5, 6(2) and 11 of the Convention, including established dose limits for the various categories of persons referred to in the Convention, and that the dose limits so prescribed are in accordance with the 1990 Recommendation of the International Commission on Radiological Protection to which the Committee refers in its 1992 general observation under the Convention.
The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the information provided by the Government in its report that the new draft Code to protect against ionizing radiation had not yet been finalized, that consultations on this subject matter are ongoing between the Ministries of Health, Environment and Labour, and that this Act will be transmitted as soon as it has been adopted. The Committee notes the information that the Centre for Radiation Protection has been upgraded to the level of General Directorate by virtue of Act No. 37 of 2007, which seems to indicate that increased attention is given to the question of radiation protection. The Committee also notes that the Government yet again refers to Recommendations, Circulars and other communications issued by the Radiation Protection Centre but that these communications were not made available to the Committee and that no further information was provided as to their legal status. Subject to the above, the Committee notes that no further relevant information has been provided regarding the application of the Convention. The Committee hopes that the referenced draft legislation will soon be finalized and reiterates its request that the Government transmits a copy of this legislation as soon as it has been adopted. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3(1), Article 5 and Article 6(2) of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17–19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13, subparagraph (a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

With reference to its previous comments, the Committee recalls that, under Article 2(1) of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

Finally, the Committee once again draws the Government’s attention to paragraphs 16–27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes the information provided by the Government in its report that a new draft Code to protect against ionizing radiation had been drafted and had been submitted to the relevant ministries for consultation by letter of 11 April 2007. The Committee welcomes this progress and requests the Government to transmit a copy of this legislation as soon as it has been adopted. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Articles 3, 4, 5, 6, 7 and 8 of the Convention.The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

Finally, the Committee once again draws the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

[The Government is asked to reply in detail to the present comments in 2009.]

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

2. As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

3. Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

4. Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

5. Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

6. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

7. Finally, the Committee once again draws the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

1. The Committee regrets that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information contained in the Government’s report. It notes that the report does only contain a few new elements in reply to comments it has been made since 1992. The Committee is therefore bound to draw again the Government’s attention to the following points.

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the labour code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

2. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

3. Finally, the Committee calls once again the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information supplied with the Government’s report. It notes that the report does only contain a few new elements in reply to comments it has been made since 1992. The Committee is therefore bound to draw again the Government’s attention to the following points.

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the labour code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

2. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

3. Finally, the Committee calls once again the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the information supplied with the Government’s report. It notes that the report does only contain a few new elements in reply to comments it has been made since 1992. The Committee is therefore bound to draw again the Government’s attention to the following points.

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the labour code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

2. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

3. Finally, the Committee calls once again the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee urges the Government to take the necessary measures in the near future to ensure that effect is given to the provisions of the Convention.

CMNT_TITLE

The Committee notes that the Government's report does not reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its general observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its general observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its general observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

CMNT_TITLE

The Committee notes with regret that the Government's report does not reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its General Observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

CMNT_TITLE

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 that it will contain full information on the following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its General Observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

[The Government is asked to report in detail for the period ending 30 June 1993.]

CMNT_TITLE

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionising radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its latest report, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionising radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organisations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionising radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionising radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionising radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionising radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionising radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionising radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defense work involving exposure to ionising radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. The Committee notes with regret that the information provided in the Government's report contains no reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

[The Government is asked to report in detail for the period ending 30 June 1992.]

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes that the instructions issued under Act No. 80 of 1971 have been repealed and that new instructions have been adopted pursuant to Act No. 99 of 1980 concerning protection against ionising radiations. It would be grateful if the Government would supply with its next report a copy of the newly adopted instructions, particularly those to which the Government made reference in its report as providing for pre-employment and periodical medical examinations.

2. In its previous direct request, the Committee noted that the Convention applies to all activities involving exposure of workers to ionising radiations and that Act No. 99 only provides protection for workers involved in work where the use of radiation sources is for peaceful purposes. Therefore, it requested the Government to indicate the measures taken or envisaged to protect workers exposed to ionising radiations but engaged in work not covered by Act No. 99.

The Committee notes that a permanent central committee has been established to examine cases of radiation exposure on a regular basis and that this will cover workers engaged in research. It requests the Government to provide additional information in its next report on the composition and competence of this committee including the types of activities it covers, its duties and responsibilities and its enforcement powers.

3. The Committee refers to its general observation of 1987 and hopes that the next report will contain the information requested.

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