Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government in its report. It notes with interest the information on the measures relating to emergency situations. The Committee notes with satisfaction the adoption of Decree No. 2003-296 of 31 March 2003 respecting the protection of workers against the dangers of ionizing radiation, which gives effect to the provisions of Articles 3, paragraph 1, 6, paragraph 2, and 7, paragraph 1, of the Convention.

It wishes to draw the Government’s attention to the following points.

1. Article 8. The Committee notes the Government’s indication in its report in 2001 concerning the draft Decree to strengthen the protection of workers against the dangers of ionizing radiation in the context of the transposition of European Directive Euratom 96/29 of 13 May 1996 into the national legislation. This Decree will result, among other measures, in a lowering of exposure limit values taking into account the recommendations of the ICRP of 1990 and in accordance with the Directive. With regard to the dose limit for workers not directly engaged in radiation work, the Government indicates that it is its intention to set the limit value, de lege ferenda, at 1 mSv, which is the limit value for the population. The Committee notes that sections R.231-75 to R.231-77 of Decree No. 2003-296 of 31 March 2003 on the protection of workers against the dangers of ionizing radiation determines exposure limit values for the various categories of workers. However, Decree No. 2003-296 does not appear to indicate the permissible levels of exposure for workers not directly engaged in radiation work. In this respect, the Government indicates that the current regulations set out a limit value of 5 mSv for workers not engaged in radiation work, which exceeds the limit value of 1 mSv recommended by the ICRP. The Committee therefore requests the Government to indicate the measures adopted or envisaged to lower the limit value for workers not engaged in radiation work to 1 mSv.

2. Article 14. Provision of alternative employment. The Committee notes with interest section R.231-96 of the Decree of 31 March 2003 respecting the protection of workers against the dangers of ionizing radiation, which provides that a worker directly engaged in radiation work may not be assigned to work exposing him or her to ionizing radiation, except in the event of a situation of radiological emergency, where one of the limits determined in sections R.231-76 and R.231-77 has been exceeded. The Committee understands that this provision implies the obligation to provide alternative employment to a worker who has been subject to an accumulated exposure beyond which she or he would incur and unacceptable risk to her or his health. It therefore requests the Government to confirm that this provision in practice imposes such an obligation.