Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation on the Convention, the Committee asks the Government to provide information on the following points:

1.  Article 8 of the Convention.  In its previous comments the Committee noted that according to the definition of the terms "member of the public" and "(radiation) worker" given in Chapter 3, Nos. 35 and 64 of Standard 3.01/88 of the National Committee dealing with nuclear energy (CNEN), it would appear that workers not occupationally exposed to radiation are assimilated to members of the public only "when absent from the restricted areas of the installation" but, as soon as they pass through such areas, they come under the definition of radiation workers and could therefore, as a consequence of their work at the service of the installation, receive annual doses above the limits established by the Standard for members of the public. The Committee notes that, in its report, the Government states that the workers covered by this Article of the Convention should not be in controlled areas or have access to such areas where they run the risk of being exposed to ionizing radiation. The Government considers that it is preferable to define and control the areas where the risk of exposure exists rather than drafting new standards for workers who are not directly involved in radiation work.

The Committee recalls that under this Article of the Convention appropriate levels must be fixed for workers who are not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. The Committee refers to paragraph 14 of its 1992 general observation under the Convention and paragraph 83 of the International Basic Safety Standards for Protection against Ionizing Radiation, which establish that workers exposed to radiation from sources not directly linked to their work or essential to their work shall have the same level of protection as if they were members of the public.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the workers covered by Article 8 of the Convention may not be exposed to radiation levels of over 1mSv per year.

2.  Emergency exposure.  In its previous comments, the Committee pointed out that the definition of "emergency exposure" given in Chapter 3, No. 20 (of CNEN - NE Standard 3.01/88) and the corresponding rules in Guideline 5.2.4 should be reviewed. The definition given in Chapter 3, No. 20, covers exposure deliberately incurred during emergency situations not only for saving lives or preventing an escalation of accidents which may cause deaths, but also for "saving an installation of vital importance for the country". The Committee notes the Government’s statement that the maximum dose established in Guideline 5.2.4.3 is to be reviewed during the forthcoming general review of the standards to bring them into conformity with the latest recommendations of the ICRP. It also notes that the Government considers that nuclear power plants are among the installations which are of vital importance for the country. The Committee refers to paragraph 35(d) of its 1992 general observation and paragraphs 233 to 238 of the 1994 International Basic Safety Standards and again asks the Government to indicate the measures taken or envisaged to limit exceptional exposure of workers to what is required to cope with an acute danger to life and health. The Government is also asked to provide information on the arrangements made or envisaged to optimize the protection of workers against accidents and during emergencies, particularly with regard to the design and protective features of the workplace and equipment and the development of techniques which would avoid the exposure of persons to ionizing radiation.

3.  Provision of alternative employment.  The Committee notes that an interministerial committee will shortly examine the issue of alternative employment for workers who have been exposed to radiation doses that endanger their health. The Committee requests the Government to indicate the measures taken or envisaged to, in order to ensure effective protection of workers, provide alternative employment to workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur.