Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 7, paragraph 2, of the Convention. Young workers under the age of 16. The Committee notes the response provided by the Government indicating that section 19 of the Management of the Health and Safety at Work Regulations, 1999, and the corresponding Management of the Health and Safety at Work Regulations (Northern Ireland), 2000, prohibit an employer from employing a young person (a person who has not attained the age of 18) for work involving harmful exposure to radiation, unless: it is necessary for that person’s training; the young person is supervised by a competent person; and the risk is reduced to the lowest reasonably practicable level. The Committee further notes the Government’s intention to review the need for a general prohibition to engage workers under the age of 16 in radiation work. The Committee, having on a number of previous occasions urged the Government to take appropriate action to ensure a full application of this Article, reiterates its hope that this will be undertaken in the very near future and requests the Government to provide precise information in this respect in its next report.

Article 13. Emergency work. The Committee notes the information provided by the Government indicating that “without delay” in respect of medical examinations and notification to the competent authority under regulation 14(1)(d) of the Radiation (Emergency Preparedness and Public Information) Regulations, 2001 (REPPIR), is to be interpreted as meaning “as soon as it is reasonably practicable to do so”. With regards to exposure in emergency situations, the Committee notes that according to regulation 11(b) of the Ionising Radiations Regulations, 1999, where an employer is able to demonstrate that the dose limit specified in paragraph 1 of Part I of Schedule 4 is impracticable having regard to the nature of the work undertaken, the employer may apply the dose limits set out in paragraphs 9 to 11 of that Schedule. The Committee further notes that where an emergency plan, prepared pursuant to the REPPIR, provides for the possibility of any employee receiving an emergency exposure, an employer must notify to the Executive the dose levels which they have determined are appropriate to be applied in respect of such an employee; and that no employee will be exposed to a dose of radiation in excess of this dose level unless they agree, for the purpose of saving human life. The Committee asks the Government to confirm that the maximum dose limits in an emergency exposure situation, regulating exposure of individuals implementing the necessary rapid action to bring help to endangered individuals, prevent exposure of a large number of people or save a valuable installation or goods, are those specified in Part II of Schedule 4, and that these maximum dose limits can only be exceeded for the purpose of saving human life.

The Committee is raising other points in a request addressed directly to the Government.