Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its last report covering the period from 1990 to 1994.

1. In its previous direct request, the Committee drew the Government's attention to the new dose limits for exposure adopted, in 1990, by the International Commission on Radiological Protection (ICRP), on the basis of new physiological findings. The Committee notes that in its last report the Government indicates that in the light of the recommendations made by the ICRP in 1990, a review of the whole of the Radiation Protection Ordinance is envisaged. In addition, the Government specifies that the dose limits recommended by the ICRP will be incorporated into national law once the European directive designed to harmonize the measures relating to radiation protection has been adopted. Recalling once again that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention refer to "knowledge available at the time" and "current knowledge", the Committee hopes that the Government will soon be able to provide details of the adoption of new dose limits, in accordance with the recommendations adopted in 1990 by the ICRP and reiterated in 1994 in the International Basic Safety Standards jointly sponsored by the IAEA, WHO, ILO and three other international organizations. The Committee requests the Government to specify the new dose limits applicable, on the one hand to workers directly engaged in radiation work, on the other hand to pregnant women workers, and finally to the workers covered in Article 8 who, without being directly engaged in radiation work, are likely to be exposed to radiation. The Government is also requested to provide a copy of the text of the revised Radiation Protection Ordinance as soon as it has been adopted.

2. The Committee notes the information provided by the Government on the measures relating to emergency situations. It asks the Government to provide additional information on the circumstances in which the exceptional exposure of workers may be authorized and on the measures designed to make protection against accidents and during emergency operations as effective as possible, in particular with regard to the design and protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiation to be avoided.

3. The Committee notes that in reply to its previous direct request, the Government indicates that neither the X-Ray Protection Ordinance of 1988 nor the Radiation Protection Ordinance of 1989 provides for the possibility of offering alternative employment to workers who have absorbed an effective dose of over 400 mSv or who, for medical reasons, have been advised not to continue to engage in employment likely to involve exposure to radiation. Employment contracts or collective agreements may contain provisions relating to the continuity of employment or to the training opportunities designed to enable workers to be reclassified. In addition, the Government specifies that the issue of the continuity of workers' employment, the pursuit of the activities of which would lead to a violation of the provisions relating to labour protection, does not concern only the area of radiation protection but constitutes a general problem of labour law, the solution to which largely depends on the circumstances specific to each enterprise and which, consequently, cannot be resolved by legislative means in a general uniform manner. In this regard, the Committee notes the information provided by the Government to the effect that the issue of alternative employment will be dealt with as part of the review of the Framework Act on Labour Protection. The Committee requests the Government to furnish information on the progress made in the review and to provide copies of any texts adopted in this regard.