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

The Committee notes the information provided by the Government in its report for the period from 1 July 1994 to 30 July 1996.

1. Article 1 of the Convention. The Committee notes the information supplied by the Government in which it indicates that the Radiological Protection Bill has been submitted to Parliament which is currently examining and debating it. The Committee notes that for the purposes of preparing the Bill, a working group was set up comprising representatives of public and private institutions and professional associations and trade unions working in the field of ionizing radiation. The Committee requests the Government to provide a copy of the final text once it has been adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes with interest that in its report, the Government indicates that the recommendations made by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency are being applied, and that these recommendations will be implemented in the draft legislation. The Government also indicates that once the Radiological Protection Bill has been adopted, users will be obliged to meet requirements set to achieve effective control of the sources of ionizing radiation, as well as requirements relating to working procedures appropriate to the use of protective elements for workers, patients and the general public. The Committee requests the Government to provide information on any developments in this regard.

3. Article 8. Noting that section 24 of Decree No. 406/88 establishes the dose limit of ionizing radiation for workers not exposed in the course of their work, but who remain in or pass through places where they may still be exposed to ionizing radiation, at the same level as for the general public. Referring to the Radiological Protection Bill, the Committee hopes that these limits will be included in the legislative text and will comply with the ICRP recommendations issued in 1990 and the 1994 International Basic Safety Standards.

4. Article 9. The Committee notes the information provided by the Government in which it indicates the requirement for the appropriate use of warnings in each report or calculation made regarding protection. The Government also states that during each inspection the operation of the warning systems is verified. The Committee requests the Government to indicate which warning systems are used, how often the inspections referred to are made and also, where appropriate, to supply information on the enterprises inspected and the checks made. With reference to appropriate information for and instruction of workers to ensure that suitable warnings are used, the Government indicates that plans are being made to improve levels of training by the National University on aspects relating to radiological protection. In this respect, the Committee requests the Government to indicate in its next report the practical and legislative measures taken or envisaged in relation to Article 9, paragraph 2.

5. Article 13, paragraph (a). In its previous request, the Committee asked the Government to indicate whether the investigations referred to in the Decree of 9 December 1942 relating to injuries of "probable radiological origin" included medical examinations for workers in cases of irradiation or radioactive contamination. In its report, the Government states that section 302 of Act No. 16.736 establishes the compulsory use of personal dosimetry for all persons exposed to ionizing radiation in the course of their work. This section also provides for authorization by DINATEN (National Nuclear Technology Directorate) to make exceptions in cases where this is justified. The Committee would be grateful if the Government would indicate the procedure for medical examinations conducted and provide information on the provisions applying in cases of irradiation or radioactive contamination which require an appropriate examination, together with details of the other measures provided for under this Article of the Convention.

6. Article 15. The Committee notes the information supplied by the Government to the effect that, according to section 2 of Decree No. 519/84, the national authority with supervisory powers over the use and application of radioactive substances and ionizing radiation is the National Atomic Energy Commission. The Committee requests the Government to indicate, in its next report, by what method such inspections will be made in enterprises whose activities involve the exposure of workers to ionizing radiation.

7. Alternative employment. (a) Accumulation of a lifetime dose. Noting that the Government has not replied to the question raised in paragraph 5 of its previous direct request, and referring to paragraphs 28 to 34 of its general observation of 1992 and the principles reflected in paragraphs 96 and 238 of the basic international standards issued in 1994, the Committee wishes once again to ask the Government to indicate what measures it has taken or intends to take in order to ensure that persons who do not show external signs of injuries, but who have accumulated exposure beyond which detriment considered unacceptable is to occur, may also benefit from the protection guaranteed by section 53 of the Executive Authority Decree of 9 December 1942.

(b) Pregnant women. Noting that Chapter III, section 25, paragraph (b), of Decree No. 406/88 expressly prohibits pregnant women and minors of both sexes under the age of 18 from working in conditions of exposure to ionizing radiation, the Committee requests the Government to indicate the measures taken or envisaged to guarantee the offer of alternative employment to pregnant women.

8. Emergency situations and accidents. Referring to paragraphs 16 to 27 and 35(c) of its general observation of 1992, and paragraphs 233 and 236 of the International Basic Safety Standards issued in 1994, the Committee requests the Government to indicate in its next report the circumstances in which exceptional exposure is authorized for workers, the measures taken or provided in order to ensure the most effective protection possible against accidents and during emergency operations, in particular with regard to the design and protective features of the workplace and equipment, and the development of emergency intervention techniques, the use of which in emergency situations would enable the exposure of individuals to ionizing radiation to be avoided.