Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

1. The Committee notes with interest the information provided in the Government's report according to which the Atomic Energy Authority has drafted new regulations incorporating the International Commission on Radiological Protection (ICRP) recommendations of 1990. The Committee hopes that the Government will adopt these regulations in the near future and that they will ensure the application of Article 3, paragraph 1, Article 6, Article 7, paragraph 1, and Article 12 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard.

2. Article 1 of the Convention. The Committee notes the Government's indication in its report that employers' and workers' representatives are consulted whenever possible, especially in the framework of educational programmes to promote occupational safety and health. The Government has further indicated that formal consultations have been curtailed due to the fact that there are only a few scientifically qualified representatives from the employers' and workers' organizations. The Committee would recall that this Article of the Convention provides that the competent authority is to consult with representatives of employers and workers in applying its provisions. The Committee hopes that the Government will take the necessary measures to ensure that workers' and employers' representatives are consulted with respect to the measures for the application of the Convention and requests the Government to indicate, in its next report, the progress made in this regard.

Article 7, paragraph 1. The Committee notes the indication in the Government's report that the new draft regulations pertaining to radiation protection categorically do not permit anybody under the age of 18 years to be employed as a radiation worker. In its previous comments, the Committee noted that Regulation 10(3) of the Atomic Energy Regulations also prohibited the employment of persons under 18 as radiation workers. It further noted, however, that section 6(2)(i)(a) provided that a person under the age of 18 could not be exposed to radiation exceeding 5 rem (50 mSv) per year. This would appear to permit persons under the age of 18, who may not be permitted to be "radiation workers" but may pass through areas where they might be exposed to radiation, to be exposed to levels of radiation up to 50 mSv (equivalent to the level previously set for adult radiation workers). Sections 4.1.5 and 4.3.1 of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiations) recommends that the limit set for persons under 18 should be three-tenths of the limit set for adults. The Committee hopes that the new draft regulations referred to by the Government will clearly set appropriate levels of radiation to which persons between the age of 16 and 18 can be exposed, in accordance with this Article of the Convention.

Article 12. The Committee notes from the Government's report that the new draft regulations contain provisions for medical examination of radiation workers at appropriate intervals which will be determined by the Atomic Energy Authority as soon as the regulations come into force. It hopes that medical examinations at regular intervals will be provided for radiation workers in the near future and requests the Government to indicate the frequency with which these examinations are to be carried out as determined by the Atomic Energy Authority.

Article 13(a). In its previous comments, the Committee noted that section 10(1)(b) of the Regulations enables the Atomic Energy Authority to request that a worker undergo a medical examination at any time. In its latest report, the Government has indicated that the Authority makes this determination based on the nature of exposure as and when it occurs. In this regard, the Committee would refer the Government to section 7.3.5 of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiations) which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits or before an individual is to return to radiation work, having been restricted from work on medical grounds following a radiation accident. The Government is requested to indicate whether workers are required to undergo medical examinations in such instances and to specify any other circumstances in which, because of the nature or degree of the exposure, a worker is requested, in practice, by the Authority to undergo a medical examination.

Article 13(c). The Committee notes that the new regulations provide that the radiation safety officer for an undertaking may be the licensee of the premises or a person employed by him. It further notes that, according to the Government's report, the Atomic Energy Authority decides on the competency or the suitability of the officer concerned and grants approval for him or her to function in that capacity. The draft regulations provide that the written duties and responsibilities of the radiation safety officer are subject to approval by the authority, but does not appear to require notification or authorization with respect to the individual chosen to be the radiation safety officer. The Government is requested to indicate the measures taken by virtue of which the Atomic Energy Authority has the power to grant approval for the appointment of radiation safety officers, thus to ensure that the conditions in which workers' duties are performed are examined by a person competent in radiation protection.

Article 14. The Committee notes from the Government's report that the Atomic Energy Authority carries out follow-up inspections to ensure that workers prohibited from being employed in radiation work under Regulation 10(2) of the Atomic Energy Regulations are not carrying out such work. It further notes that, under the new draft regulations, the medical practitioner must complete a record of the medical examination of radiation workers and send it to the Atomic Energy Authority. The Government is requested to indicate the manner in which, in practice, the medical practitioner communicates advice to the Authority on whether a worker should be employed in work involving exposure to ionizing radiations and the measures taken to ensure that the Authority does not act contrary to this advice.

4. The Government is referred to paragraphs 16 to 27 of the 1992 general observation under this Convention concerning the limitation of occupational exposure during and after an emergency and requested to indicate the steps taken or envisaged with respect to the protection against accidents and emergencies raised in paragraph 35(c), in particular subparagraph (iii), concerning the strict definition of circumstances in which exceptional exposure of workers is to be allowed.