Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

I. The Committee notes the information provided by the Government’s report. It notes with interest the Federal Regulation on Safety, Health and the Working Environment of 21 January 1997; the Official Mexican Standard NOM 026-NUCL-1999 of 29 April 1999, adopted after discussion between the Secretary of Energy and the National Commission of Nuclear Safety and Security, on the medical supervision of persons exposed to ionizing radiations in the course of their work; the Official Mexican Standard NOM-012-STPS-1999 of 20 December 1999, issued by the Secretary of Labour and Social Provision, on safety and health conditions in workplaces producing, using, handling, storing or transporting sources of ionizing radiations; and the Official Mexican Standard NOM-031-NUCL-1999 of 2 December 1999, issued by the Secretary of Energy through the National Commission of Nuclear Safety and Security, on the qualification and training requirements of personnel exposed to ionizing radiations in the course of their work.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes that section 5.4 of the Official Mexican Standard NOM 012 STPS-1999 of 20 December 1999 fixes the maximum dose limit of exposure to ionizing radiations for pregnant women directly engaged in radiation work at 15 mSv/year. Section 5.4 further provides that pregnant and nursing women must not work in workplaces where the risk of incorporation of radioactive materials exists. The Committee would draw the Government’s attention to paragraph 13 of its 1992 general observation under the Convention as well as to paragraph I.17. of the International Basic Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources reflecting the 1990 International Commission on Radiological Protection (ICRP) Recommendations, according to which, once the pregnancy is declared, the working conditions in respect of occupational exposure have to be modified in a way as to ensure that the embryo or foetus is afforded the same broad level of protection as required for members of the public, which, for their part, are not supposed to be exposed to more than 1 mSv per year. In addition, the unborn child is to be protected by applying a supplementary equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv. The Committee would therefore invite the Government to reconsider the dose limit established for pregnant women workers in the light of the above indications. The Committee further notes that, apart from the dose limit fixed for exposure to ionizing radiations of pregnant women workers, the Official Mexican Standard NOM 012 STPS-1999 does not provide for dose limits to be fixed for workers directly engaged in radiation work. In this respect, the Committee notes the Government’s indication that a new draft regulation on radiological security, which incorporates the principles reflected in the international Basic Standards for Protection against Ionizing Radiation of 1994, has been completed in 1999, and that this draft will be discussed amongst the institutions involved during the second semester of 2000 and the first semester of 2001. The Government estimates that the said draft will be adopted in the year 2002. In this context, the Committee states that the Government had indicated in its report of 1994 that the Official Mexican Standard NOM-012-STPS-1993 on safety and health conditions in workplaces producing, using, handling, storing or transporting sources of ionizing radiations, was being reviewed and that the criteria and dose limits established by the ICRP would be incorporated into this standard. Noting that the Official Mexican Standard NOM-012-STPS-1999 replaced the Standard of 1993 which, however, does not contain dose limits of exposure for the different categories of workers, with the exception of pregnant women directly engaged in radiation work, the Committee trusts that the Government will not fail to incorporate the dose limits fixed by the ICRP and which are reflected in the international Basic Standards for Protection against Ionizing Radiation of 1994 in the new draft regulation on radiological security. The Committee requests the Government to supply a copy of the new regulations on radiological security, once they have been adopted. In this context, the Committee further notes that section 3 of the above Official Mexican Standard refers, inter alia, to the Standard NOM-005-NUCL-1994 on Annual Limits of Incorporation (LAI) and Concentrations Derived in the Air (CDA) for occupational exposed workers. The Committee therefore requests the Government to indicate whether this Standard provides for dose limits of occupational exposure of workers directly engaged in radiation work as to ensure effective protection of all workers against ionizing radiations. It requests the Government to supply a copy of the Standard NOM-005-NUCL-1994 for further examination.

2. Accidents and cases of emergency. The Committee notes with interest the Government’s indication that a new draft of the General Radiological Safety Regulations has been elaborated, which is based on the International Basic Safety Standards of 1994 and the Recommendations adopted by the ICRP in 1990. In consequence, the actual maximum permissible dose limits for interventions in emergency situations to be found in the present General Radiological Safety Regulations will be replaced by including the criteria established by the ICRP in 1990, which are reflected in the 1994 International Basic Safety Standards. The Committee accordingly hopes that the new General Radiological Safety Regulations will be adopted soon and will reflect the elements revealed in paragraphs V.27. and V.30. of the 1994 International Basic Safety Standards and in paragraphs 23 to 27 and 35(c) of the Committee’s 1992 general observation under the Convention, in which the Committee refers to the criteria established by the ICRP in 1990. It further requests the Government to supply a copy of the new General Radiological Safety Regulations once they have been adopted.

3. Alternative employment. The Committee notes that the Government’s report does not contain any information with regard to alternative employment to be provided to workers whose continued assignment to work involving exposure to ionizing radiations is contraindicated for health reasons. In its previous report the Government had indicated that, in accordance with sections 498 and 499 of the Federal Labour Act, in cases where a worker is the victim of an accident and cannot perform his or her work, but some other work, the employer is obliged to provide such work, in accordance with the provisions of the collective labour agreement. The Committee therefore requests again the Government to indicate, in its next report, the respective collective agreements, applicable to enterprises working with ionizing radiations, under which the employer is required to provide alternative employment which does not involve exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur. It further requests to transmit copies of such collective agreements.

4. Part V of the report form. The Committee notes the that the National Commission of Nuclear Safety and Security has carried out, during the years 1994 to 1999, 2,530 inspections in undertakings using ionizing radiation sources. In the framework of the inspections, 154 preventive measures have been taken, such as maintenance and safeguarding of equipment and radioactive sources. In addition, four sanctions have been imposed as well as 14 warnings. During this period, 88 radiological incidents have been stated which, however, did not lead in any case either to radiological or to economic consequences. All incidents have been mastered in a satisfactory manner. Moreover, the Federal Conciliation and Arbitration Council indicated that, during this period and with a view to this Convention, a collective agreement has been concluded between the National Institute of Nuclear Investigation and the United Trade Unions of Workers in the Nuclear Industry. This agreement focuses on the protection against ionizing radiations and is effective for two years (2000-02). The clause on medicine of nuclear work provides that the undertaking shall develop a programme on medicine of nuclear work which covers the following aspects:

-  study on effects of radiation on human beings; and

-  the contracting parties commit themselves to carry out a detailed study on all risks workers are encountering at the undertaking so as to provide to workers the necessary preventive measures as well as to establish an adequate diagnosis and therapy with regard to the risks at work.

The Committee notes this information with interest and invites the Government to continue to provide information on the practical application of the Convention in the country.

II. The Committee notes the comments made by the Confederation of the Industrial Chambers of the United Mexican States (CONCAMIN), which were provided with the Government’s report. The CONCAMIN points out that it participated directly and in a proactive manner in the work of the National Consultative Commission on the Normalization of Safety and Health matters when the latter had elaborated the standard NOM-012-STPS of 1993. In the same way, the process of analysing continues as to the required adequate measures, which would respond to the present preventive demands.