Observación (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - República de Corea (Ratificación : 2011)

Otros comentarios sobre C115

Observación

2013

Solicitud directa

2015

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The Committee notes the detailed information provided by the Government in its first report on the application of the Convention, received on 2 September 2013, as well as the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, annexed to the Government’s report. It also notes the observations of the Korean Confederation of Trade Unions (KCTU) received on 31 August 2013 and the Government’s reply dated 25 October 2013.

Article I and Part II of the Convention. Legislation. Consultation with employers’ and workers’ representatives concerning the application of the Convention. Monitoring mechanism of radiation in workplaces. Protective measures. The Committee notes that, in its observations, the KCTU underlines a number of problems regarding the legislation and the government monitoring mechanism of radiation in workplaces. In particular, the KCTU indicates that: the various radiation-related laws are not integrated; many ministries are responsible for this issue; safety measures, such as providing dosimeters in accordance with the Act on Nuclear Power, are applied only in approved workplaces and there are no provisions in the Occupational Safety and Health Act (OSH Act) which covers every workplace; and safety standards, such as maintaining a safe distance, preventive measures in case of radiation leakage, the provision of a dosimeter, etc. are not adequate. The KCTU adds that workers are inadequately informed of the harmful effects of radiation and that legislative provisions on health check-ups are inadequately applied in most workplaces. Furthermore, the KCTU indicates that the Nuclear Safety and Security Commission, responsible for all matters relating to radiation, does not deal with the health and safety of workers handling radiation and only inspects workplaces which have obtained permission to handle radiation. According to the KCTU, this represents only 1,000 of the 5,000 such workplaces reported to the Commission. Finally, the KCTU observes that, while the Act on Nuclear Power provides that only workers with a licence or national technical qualification can handle radioactive materials, many non-qualified workers handle radiation. Consequently, the KCTU seeks the unification of radiation-related laws and the strengthening of management and supervision, in addition to the tightening of safety measures related to radiation.

The Committee notes the Government’s indication in its reply that the Nuclear Safety Act, applied by the Nuclear Safety and Security Commission, provides for many measures protecting the health of workers engaged in various types of radiation work, notably by providing for health examinations and the measurement of radiation doses. The Government also indicates that the Occupational Safety and Health Act was recently amended to make it mandatory for workplaces handling radiation to provide their workers with special safety and health education relating to the harmful effects of radiation. With regard to health check-ups for workers, the Government specifies that it provides guidance and conducts inspections to ensure that workplaces conduct such check-ups for workers engaged in radiation work. The Government also points out that workplaces intending to handle radioactive isotopes should obtain permission from, or make a report to the Nuclear Safety and Security Commission, which then selects from among the high-risk workplaces and makes occasional or regular inspections of them. Finally, the Government adds that the Nuclear Safety Act permits only those who have obtained a license from the Nuclear Safety and Security Commission, are radiation management engineers, or have completed the required training and are under the direction of a qualified person, to perform radiation work. The Committee requests the Government to take the necessary measures to hold consultations with representatives of employers and workers on the issues raised by the KCTU, and to provide information on the outcome of such consultations. The Committee also asks the Government to continue to provide information on the measures taken or envisaged to ensure that the protective measures provided for in Part II of the Convention are implemented in practice.

Article 9. Appropriate warnings and adequate instruction for workers. The Committee notes that the Government’s report does not provide information on the measures taken to give effect to this Article of the Convention. With regard to the adequate instruction of workers directly engaged in radiation work, the Committee draws the Government’s attention to section 2.4 of the 1986 ILO code of practice on the radiation protection of workers, which contains general principles for informing, instructing and training workers. The Government is requested to indicate the measures taken or envisaged to give effect to this Article and to ensure that workers are adequately instructed in the precautions to be taken for their protection in conformity with Article 9(2) of the Convention.

Article 10. Notification of work involving exposure of workers to ionizing radiations. The Committee notes that the Government’s report does not provide information on laws or regulations requiring the notification of work involving exposure of workers to ionizing radiation and radioactive substances in the course of their work. The Committee asks the Government to indicate if any laws or regulations require notification and to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 14. Continued employment of exposed workers and the provision of alternative employment. The Committee notes that the report does not contain information on the application of this provision. It invites the Government to take into account the terms of paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention which, inter alia, refer to the need to find appropriate alternative employment for workers whose continued employment in a particular job is contraindicated for health reasons. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention and to provide information on the account taken of the needs of workers whose continued employment in a particular job is contraindicated for health reasons.

Article 15. Inspection services. The Committee notes that, in its observations, the FKTU indicates that while the local employment and labour offices of the Ministry of Employment and Labour should conduct frequent inspections to determine whether employers are fulfilling their obligation to take measures to prevent health hazards caused by radiation to workers, the reality is that there is insufficient guidance and inspection, as labour inspectors focus on punishment rather than prevention. The Committee notes that, in its response, the Government indicates that in the case of workplaces exposed to radiation, labour inspectors focus on prevention activities, such as conducting inspections and providing education and technical materials. The Committee asks the Government to provide further details on the prevention activities carried out by labour inspectors in relation to the application of the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including information on any practical difficulties in the application of the Convention.