Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 general observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiation, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiation only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiation. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiation, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiation.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiation and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 general observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.