Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Referring also to its observation under the Convention, the Committee requests the Government to supply further information on the following points.

1. The Committee notes the Government's assurance in its 1994 report that the draft of the new Radiation Protection Rules will be submitted to the representatives of employers and workers, in accordance with Article 1 of the Convention. In a comment attached to the Government's report of 1994, the All India Trade Union Congress (AITUC) indicates that consultations of workers' representatives with regard to the enforcement of the legislation on radiation protection needed to be improved. The Committee requests the Government to indicate the arrangements made to ensure consultations of representatives of employers and workers in revising the Radiation Protection Rules, and to supply any comments on the point raised by AITUC.

2. Article 3, paragraph 1, and Article 6, paragraph 2. With regard to the protection of pregnant women directly engaged in radiation work, the Committee notes that the Government stresses the importance to inform female workers that they should declare their pregnancy to the employer without delay. The Government also states that their status of work is reviewed on a case-by-case basis and that the approach followed is to ensure that the foetus is granted a level of protection equal to that of a member of the public. Recalling that employment security and income protection for the women concerned are prerequisites of effective protection, the Committee requests the Government to indicate in which manner it is ensured that the standard of protection for any foetus is to be broadly comparable with that provided for members of the public; and to supply information on the equivalent dose limit to the surface of the women's abdomen during the remainder of the pregnancy and on measures taken to provide them with alternative employment that would reduce their exposure to the minimum.

3. Protection against accidents and during emergency situations. The Committee notes the Government's reply to its direct request. It notes with interest that the production of a radiographic device which was found to be unsafe was stopped. The Committee would be grateful if the Government would continue to supply information on the review of authorizations granted for practices or equipment found unsafe.

As the Government indicates that provisions concerning the protection of workers in emergency situations will be revised and included in the new Radiation Protection Rules, the Committee would draw the Government's attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation, in which it stresses that immediate and urgent remedial work must be strictly limited to what is required to meet an acute danger to life and health. The Committee would request the Government to supply information on the conditions in which exceptional exposure of workers is permitted and the measures taken or envisaged to optimize the protection during accidents and emergency situations, in particular as regards the design and protective features of the workplace and the provision of planned emergency procedures.

4. Alternative employment. The Committee notes the Government's indication that, under paragraphs 25 and 26 of the Radiation Rules, 1971, if a radiation worker has to discontinue radiation work under orders of the competent authority because of over-exposure, the employer shall make every reasonable effort to provide such worker with alternative work not involving exposure to radiation. The Committee further notes that the Government indicates that the possibility to improve these provisions would be examined within the framework of the revision of the Radiation Protection Rules. As the Government also indicates that these Rules will be revised in the light of the experience gained from its implementation, the Committee would request the Government to indicate whether there have been instances where the competent authority prohibited a radiation worker to continue work involving radiation, and whether such worker(s) were given alternative employment.