Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in its report as concerns the application of Articles 8, 9 and 13(c) of the Convention. The Government is requested to provide further information in its next report on the following points:

1. Article 3, paragraph 1, and Article 6. The Committee notes with interest that the formula used for establishing dose limits in Instruction No. 12 concerning safety and health in workplaces involving exposure to ionising radiations has been repealed. It notes that Title III of Chapter III of the General Regulations on Radiological Safety of 1988 fixes new maximum dose limits equivalent to those established in 1977 in Publication No. 26 of the International Commission on Radiological Protection (ICRP). In this regard, the Committee would refer the Government to its General Observation under this Convention which sets forth, inter alia, the revised dose limits in occupational exposure established on the basis of new physiological findings by the ICRP in its 1990 Recommendations. The Government is requested to indicate, in its next report, the steps taken or envisaged to revise in the light of current knowledge, its legislation in respect of maximum permissible dose limits as well as in relation to the other matters raised in the conclusions to the General Observation.

2. Article 13(d). The Committee notes with interest the Government's indication in reply to its previous direct request that the employer must take corrective measures of a technical nature when the maximum permissible levels of exposure to ionising radiations have been exceeded. It notes in particular the Government's indication that, by virtue of section 136 of the General Occupational Safety and Health Regulations, the employer must adopt one of the following measures: replace or modify the substances or agents which have caused the contamination with other harmless substances; reduce the contamination to the minimum and change the work processes. Furthermore, the Committee notes that, under Regulation 182 of the Regulations on Radiological Safety, the National Commission on Nuclear Safety and Protection (CNSNS) has the power to, inter alia, temporarily close all or part of the radioactive installation or contaminated buildings, or permanently close them. Under Regulation 251, inspectors have this same power if anomalies or deficiencies exist implying a danger or imminent risk to occupationally exposed workers or the society in general. In this regard, the Committee would refer the Government to its General Observation under this Convention and under Convention No. 139 and requests the Government to indicate whether any of the above measures have been used in practice and, if so, to provide details in its next report.

3. The Committee notes that Regulation 55 of the Regulations on Radiological Safety provides that workers occupationally exposed to over 100 mSv must undergo a medical examination and may be able to continue their routine work if it is not medically inadvisable, taking into account previous exposure, health, age, special qualifications and the worker's economic and social responsibilities. In this regard, the Committee would refer the Government to paragraphs 28 to 34 of its General Observation under this Convention and requests the Government to indicate, in its next report, the steps taken or being considered to provide workers with alternative employment who, for health reasons, are medically advised to stop work involving exposure to ionising radiations.