Solicitud directa (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes that the Government's report does not reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its general observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its general observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its general observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.