Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 115) sur la protection contre les radiations, 1960 - Polynésie française

Autre commentaire sur C115

Observation

Demande directe

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Previous comments

Articles 1, 6 and 8 of the Convention. Legislation. Maximum permissible doses. The Committee notes the Government’s indication, in its report, that the two Bills, one relating to health and the other to labour, have been finalized and should be adopted before the end of 2022. The Government also indicates that the maximum permissible doses specified in the Bills will be identical to those stipulated in the legislation applicable in metropolitan France (the Labour Code). The Committee observes that these provisions are in accordance with the indications contained in paragraphs 32 to 35 of its general observation of 2015. The Committee further notes the Government’s indication that the country must develop a robust and adequate regulatory framework governing radiation protection in the workplace before being able to introduce new techniques. In this regard, the Committee notes that the medical inspector of the Health and Welfare Regulatory Agency (ARASS) and the legal team of the Labour Directorate collaborated to develop the regulations applicable to the workers concerned. The Committee requests the Government to pursue its efforts to give full effect to Articles 6 and 8 of the Convention through the adoption of the abovementioned Bills in the near future, and to provide a copy of any relevant legislation in this regard once it has been adopted.

Article 7. Exposure limits for young workers. Referring to its previous comments regarding the employment of persons under the age of 18, the Committee notes with interest that, under section A.4152-22 of the Labour Code (as amended in 2011), the employment of workers under the age of 18 in work involving exposure to ionizing radiations is prohibited. The Committee notes this information which responds to its previous request.

Article 11. Appropriate monitoring of workers and workplaces. The Committee notes the Government’s reply to its previous comments, in which the Government indicates that in order to monitor ionising radiations, it has been cooperating with the Nuclear Safety Authority (ASN) under an agreement since 2009. Cooperation agreements allow for inspections to be carried out with the systematic involvement of an ARASS inspector. Because the ASN does not have competence in French Polynesia, the conclusions of the ASN radiation protection inspectors (addressed to the Prime Minister) are taken up by the ARASS in matters relating to the protection of people and the environment from radiation, and by the labour inspectorate in matters relating to radiation protection in the world of work. The latter two bodies are then tasked with requesting the necessary and appropriate corrective action. The Committee also notes the Government’s initiative to include a labour inspector in the monitoring missions of ASN and ARASS inspectors, with a view to better understanding the requests for corrective action in relation to radiation protection. The Committee requests the Government to continue providing information on the measures taken to ensure the monitoring of workplaces and the safety of workers, including the cooperation efforts in this regard between the Nuclear Safety Authority, the Health and Welfare Regulatory Agency and the labour inspectorate.