Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the information in the Government’s latest report, and the attached legislation, indicating that France has completed its organizational reform of radiation protection by Law No. 2006-686 of 13 June 2006 on transparency and security in nuclear material, which creates a new independent administrative body called the Nuclear Safety Authority (ASN). The Committee notes that the ASN can make decisions to supplement the technical arrangements implementing the provisions of the Labour Code in radiation protection, and that these decisions are subject to the approval of the Minsters of Labour and Agriculture. The Committee further notes that the ASN issued Decision No. 2010‑DC‑175 on 4 February 2010, approved by the Order of 21 May 2001, specifying the technical methods and frequency of inspections as required in the Labour Code and the Public Health Code. The Committee asks the Government to continue to provide information on relevant legislative measures undertaken with regard to the Convention.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the brief response provided by the Government indicating that action undertaken at the national level, to ensure the full application of the rules protecting workers in undertakings using ionizing radiation, other than natural sources, responds in particular to comments made by the Committee with regard to appropriate measures to ensure the application of this Article of the Convention. The Committee recalls that section R.231-96 of the Decree of 31 March 2003 provides that a worker directly engaged in radiation work may not be assigned to work exposing them 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 notes that no information has been provided on measures offered to provide workers with alternative employment or other means for maintaining their income, and therefore wishes to again draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In light of the foregoing, the Committee hopes the Government will consider appropriate measures to ensure that every effort is made to provide these workers with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Part III to V of the report form. Application in practice. Inspection services and legal decisions. The Committee notes the information provided by the Government regarding the 2010 national inspection campaign on the application of the regulatory system in undertakings using ionizing radiation, other than natural sources. The Committee further notes the information which indicates that the analysis of this campaign, in which approximately 2,000 undertakings were inspected, will allow for an evaluation of the level of application of the regulation relevant to this sector, and the identification of any gaps. The Committee asks the Government to continue to provide information on the application of this Convention in practice.