Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention.

1. Article 1 of the Convention. The Committee notes the legislative texts provided by the Government with its report and in particular Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials, Decree No. 406/988 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions, and Executive Decree of 9 December 1942 to implement Act No. 9744 of 13 December 1937 concerning X-ray and radium services. The Committee further notes that a draft Act on Radiological Protection is currently being considered for approval, and requests the Government to supply a copy of the final text as soon as it is adopted. In this regard the Committee would draw the attention of the Government to the requirement under this Article of the Convention that in applying its provisions the competent authority shall consult with representatives of employers and workers, and would request the Government to indicate the measures taken or envisaged to meet this obligation.

2. Article 3, paragraph 1, and Article 6, paragraph 2. With regard to the maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body, the Committee notes the Government's indication in its report that the 1990 Recommendations of the International Commission of Radiation Protection and Recommendations of the International Atomic Energy Agency are applied. The Committee requests the Government to specify the manner in which these dose limits in effect are made known to enterprises engaged in activities that involve the exposure of workers to ionizing radiations.

3. Article 9. The Committee notes that the Government indicates in its report that in practice when it is determined during inspections that warnings to indicate hazards do not exist, the report established following such inspection requires that such warnings are used. It requests the Government to indicate the means under Article 1 of the Convention utilized to ensure that there are appropriate warnings to indicate the presence of hazards from ionizing radiations, and that any necessary information in this regard is supplied to the workers.

4. Article 13, paragraph (a). The Committee notes that section 53 of the Executive Decree of 9 December 1942 provides that when a worker incurs an injury that is probably of "radiological origin", he or she shall either be assigned to duties that are not "at risk" or be given special leave, as appropriate. Information regarding such injuries is then transmitted to the technical experts of the Ionising Radiation Accidents Medical Warning System so that they may carry out the necessary studies and investigations. The Committee requests the Government to indicate in its next report whether such necessary investigations include an appropriate medical examination of the injured worker as required under Article 13, paragraph (a) of the Convention.

5. Article 14. Referring to the afore-mentioned section 53 of the Executive Decree of 9 December 1942, the Committee also requests the Government to indicate the measures taken or envisaged to ensure that persons who show no apparent signs of injury but who by continuing to work may be subject to ionizing radiations contrary to qualified medical advice as a result of excessive exposure to ionizing radiations may benefit from the same provisions. In this regard, the Committee draws the attention of the Government to paragraphs 28 to 34 and 35(d) of its 1992 general observation regarding the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable is to arise.

6. Emergency exposure situations. The Committee notes that under section 15 of Decree No. 519/984 the National Atomic Energy Commission shall establish plans to confront emergencies that could have radiological effects in coordination and cooperation with other national authorities. With reference to paragraphs 16 to 27 and 35(c) of its general observation under the Convention and in the light of paragraphs 233 and 236 of the International Basic Safety Standards, the Committee requests the Government to indicate the steps taken in relation to the matters raised in the above paragraphs, in particular with respect to the strict definition of circumstances in which exceptional exposure might be tolerated, and the optimization of protection during accidents and emergency work through the design and protective features of the workplace and equipment and emergency planning for intervention relying on such techniques as robotized equipment.