Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest the Government’s detailed report, as well as the reform of the operational organization of the radiation protection system through the adoption of Act No. 2004-806 of 9 August 2004 relating to public health policy and the establishment in 2002 of an institute for the inspection of radiation protection - the Institute for Radiological Protection and Nuclear Safety (IRSN) - responsible for monitoring, for a single nuclear activity, the application of the provisions of the Public Health Code and the Labour Code concerning protection against radiation. The Committee also notes the reference made to the adoption of Ordinance No. 2001-270 of 28 March 2001 introducing the general principles of radiation protection into the Public Health Code and harmonizing the provisions relating to the protection of workers with the so-called "pro rata" principle according to which exposure level - defined over a period of 12 months - is adjusted pro rata to the effective time of the contract in order to protect the workers who work under short-term or temporary contracts.

2. Article 8 of the Convention. Workers not engaged in radiation work. The Committee notes with interest the Government’s explanations regarding sections R.1333-8 and R.1333-9 of the Public Health Code which provide that exposure to radiation due to nuclear work must not exceed 1 mSv per year for workers whose exposure is not the result of their professional activities.

3. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response indicating that sections R.231-96, R.231-76 and R.231-77 of the Decree of 31 March 2003, read in conjunction with sections L.122-3-17 and L.124-22 of the Labour Code, ensure the application of Article 14. In this context, the Committee wishes to 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 the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them 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.

4. The Committee is addressing a request directly to the Government concerning the application of certain other provisions of the Convention.