Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s last report. It draws the Government’s attention to the following points requiring additional measures.

1. Article 1 of the Convention. The Committee notes that the national legislation designed to give effect to the provisions of the Convention does not seem to contain a provision with regard to consultations with representatives of employers and workers on the preparation and implementation of laws and regulations or other measures giving effect to the Convention. The Committee therefore requests the Government to indicate the manner in which the representatives of employers and workers are consulted in this respect.

2. Article 5. The Committee notes section 4, subsection 6, of Act No. 18/1997 on peaceful use of nuclear energy and ionizing radiation stipulating that the person performing radiation practices must reduce the exposure of people so that the total exposure caused by a possible combination of exposure from all radiation practices does not exceed the specified exposure limits. Section 4, subsection 4, of Act No. 18/1997 on peaceful use of nuclear energy and ionizing radiation requires the user of nuclear energy or of radiation practices to maintain a level of nuclear safety, radiation protection, physical protection and emergency preparedness that the risk to human life, health and to the environment is kept as low as reasonably achievable, economic and social factors being taken into account. According to section 7, subsection 4, of Regulation No. 184/1997 on radiation protection requirements, "the reasonable achievable level of radiation protection is possible to prove by the procedure during which they compared the costs for the alternative measures for the upgrade of radiation protection …". With a view to the fact that the Convention requires the restriction of exposure "to the lowest practicable level", the Committee requests the Government to explain to which extent economic and social factors are taken into consideration in this context, and to take the necessary measures to ensure that exposure of workers is restricted to the lowest practicable level.

3. Article 7, paragraph 2. The Committee notes that according to section 11, subsection 2, of Regulation No. 184/1997 on radiation protection requirements, the dose limit for persons under the age of 16 is the same as the basic general limits, which are established under section 9 of this Regulation. Section 9, subsection 1(a), of Regulation No. 184/1997 on radiation protection requirements provides for an annual dose limit of 1 mSv. In contrast, the Convention prohibits the engagement of young workers under the age of 16 to work involving exposure to ionizing radiations. The Committee accordingly requests the Government to take the necessary measures to ensure that no worker under the age of 16 is engaged in work involving ionizing radiations.

4. Article 8. The Committee notes that pursuant to section 12, subsection 1, of Regulation No. 184/1997 on radiation protection requirements, the annual dose limit for non-radiation workers is 1 mSv for persons under the age of 18 and 5 mSv for other persons, thus persons aged 18 and over. In this regard, the Committee recalls that the International Commission on Radiological Protection (ICRP) established in its 1990 Recommendations a general annual dose limit of 1 mSv for this category of persons. The Committee accordingly requests the Government to align the current dose limit with that recommended by the ICRP.

5. Article 12. The Committee notes that section 37, subsection 2, of Regulation No. 184/1997 on radiation protection requirements provides for regular medical examinations of workers, at least every two years. However, there seems to be no provision providing for appropriate medical examinations of workers prior or shortly after taking up work involving ionizing radiations. The Committee therefore requests the Government to take the necessary measures to ensure that medical examinations of workers are carried out as well before the commencement of work involving ionizing radiations.