Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. The Committee notes the information communicated by the Government in its report. It notes the Working Health Inspection’s activity reports for the years 2001, 2002, 2003 and 2004 appended to the Government’s report. The Committee notes the adoption of the Order of 20 June 2001, implementing the general regulation on the protection of the population, workers and environment against ionizing radiation, intending to transpose European Council Directives 96/29/Euratom, of 13 May 1996, establishing basic safety standards for the protection of the health of the population and workers against the dangers arising from ionizing radiation, and 97/43/Euratom, of 30 June 1997, on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure. The Committee notes in particular the provisions of sections 20.2.3 and 67 of the above decree dealing with different working aspects of emergency situations and accidents.

2. Article 7, paragraph 2, of the Convention. Prohibition of employment of young people under 16 years of age in work involving exposure to ionizing radiation. Further to its previous comment concerning the necessity of establishing in the national legislation an unqualified ban, with no exceptions whatsoever on the employment of workers under the age of 16 in work involving exposure to ionizing radiations, the Committee notes that the Government refers to an envisaged amendment of the Royal Order of 3 May 1999 on the protection of young people at work, aimed at modifying the definition of "young workers" by raising the age limit from 15 to 16 years for workers who are likely to be exposed to ionizing radiations. The Committee hopes that such an amendment will be adopted in the near future and requests the Government to provide a copy of the text amending the age limit after its adoption.

3. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Further to its previous comment, the Committee notes section 71, paragraph 1, of the Royal Order of 28 May 2003 on the surveillance of the workers’ health, which prohibits employers to appoint or maintain any employee declared unfit by the occupational medical officer in activities involving risks for exposure to ionizing radiations. It notes that employers are required, in conformity with section 72 of the same order, to offer another job or activity in compliance with the recommendations formulated by the occupational medical officer in the health evaluation form. The Committee notes that, according to the provisions mentioned above, the employer’s obligation to offer employees declared unfit alternative employment may be subject to certain technical or objective exceptions or to other reasons duly justified. The Committee notes the Government’s indication that the employer’s justifications shall first be presented to the occupational medical officer at the general direction of the Control of Well-being at Work of the SPF Employment, Working and Social Consultation and, if needed, also submitted to the court. In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to provide information in its next report, on measures taken to ensure the application of Article 14 of the Convention, taking into account the general observation of 1992 under this Convention.