Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 115) sur la protection contre les radiations, 1960 - République de Corée (Ratification: 2011)

Autre commentaire sur C115

Observation

2013

Demande directe

2015

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General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 1 of the Convention. Consultation with employers’ and workers’ representatives concerning the application of the Convention. With reference to its previous comments where it noted the observations of the Korean Confederation of Trade Unions (KCTU) concerning the legislation related to radiation and its application, and requested the Government to take the necessary measures to hold consultations with representatives of employers and workers on the issues raised by the KCTU, the Committee notes the statement of the Government in its report that it is willing to listen to the opinions of employers’ and workers’ representatives about matters on radiation safety and management. The Committee requests the Government to provide information on consultations with representatives of employers and workers held in this respect.

Articles 9, 10 and 12. Appropriate warnings, adequate instruction, notification and medical examinations. The Committee notes the information provided by the Government in reply to its previous comments concerning Article 9(1) of the Convention on appropriate warnings, Articles 9(2) and 12 on adequate instruction provided to workers and monitoring of health and Article 10 on notification of work involving exposure to radiation. The Committee requests the Government to continue to provide information on the application of these Articles in practice, as well as any further legislative developments in that regard.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the Government’s statement that, when health examinations show that exposed workers’ health is likely to deteriorate due to the particular work, their continued employment in that work should be prohibited or restricted in accordance with the doctor’s diagnosis. The Government refers in this regard to section 45 of the Occupational Safety and Health Act, which provides that employers shall, for persons with an occupational disease which could worsen due to work, prohibit and restrict the work according to the doctor’s diagnosis. In this respect, the Committee would like to draw the Government’s attention to paragraph 40 of its general observation of 2015 on the Convention, which states that if it is medically inadvisable to subject a worker to further exposure to ionizing radiations, reasonable efforts should be made to provide such a worker with suitable alternative employment. Noting that section 45 of the Occupational Safety and Health Act refers to persons with an occupational disease, the Committee requests the Government to indicate if this provision also applies to situations before an illness has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned work involving exposure to ionizing radiations. The Committee also invites the Government to provide information on any measures taken or envisaged related to the provision of alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are or could be subject to occupational exposure to radiations.

Article 15. Inspection services. The Committee previously noted the statement of the Federation of Korean Trade Unions (FKTU) that there was insufficient guidance in this field, as labour inspectors of the Ministry of Employment and Labour focused on punishment rather than prevention. The KCTU indicated for its part hat the Nuclear Safety and Security Commission, responsible for matters relating to radiation, did not deal with the health and safety of workers handling radiation. The Government replied that in the case of workplaces exposed to radiation, labour inspectors focused on prevention activities. Further to its request for additional information on the prevention activities carried out by labour inspectors, the Committee notes the Government’s statement that it conducted safety and health inspections of 284 non-destructive testing businesses in 2013, and notes the information on the materials distributed to such businesses. The Committee requests the Government to continue to provide information on the activities of the inspection services related to the application of the Convention in practice, including the number of inspections undertaken, the number and nature of violations detected, and the measures taken to address such violations.