Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s report including the brief reply to its comments to the effect that the Interministerial Committee on Radiations has not yet been set up, nor has a medical inspector been appointed. The Government indicates, however, that the appointment should take place by the end of 2007. The Committee accordingly urges the Government once again to pursue its efforts, in the context of interministerial committees, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made.

2. With reference to its comments of last year on better protection against ionizing radiations and particularly the medical follow-up of workers throughout their career and beyond, which were matters raised by the social partners, the Committee notes with regret that there has been no significant progress on these issues. It accordingly reiterates its request to the Government to indicate the measures taken or envisaged to act on the questions raised by the social partners.

3. With reference to its previous comments, the Committee notes, again with regret, that the provisions of the Decree of 31 March 2003, which apply in metropolitan France, have not been adapted for French Polynesia and that there has been no change in the situation since its last comments. It is therefore bound to reiterate its comments, which read as follows:

1. In its previous comments, the Committee noted Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, establishing specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiations.

2. The Committee noted that the dose limits set forth in section 5 of the Deliberation do not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on the steps taken or envisaged in the light of current knowledge to amend the dose limits for occupational exposure to ionizing radiations and to ensure effective protection of pregnant women.

3. The Committee also noted that, under section 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiations greater than one-tenth of the annual limit set for workers. With reference to Article 8 of the Convention, which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances, the Committee requested the Government to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

4. The Committee further requested the Government to indicate the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6, which calls for dose limits to be set not only for external, but also for internal exposure.

5. The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a progressive revision of the labour legislation, including the provisions on protection against ionizing radiations, and that this process is expected to be finalized by the end of the first quarter of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) in relation to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose limits of ionizing radiations from sources external to the body for all workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances (Article 8), as well as the maximum permissible doses which may be taken into the body (Article 6) for workers directly engaged in radiation work. Also with reference to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted to give full effect to the Convention and which are in conformity with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

6. Emergency situations. The Committee refers to the explanations provided in paragraphs 16 to 27 and 35(c) of its 1992 general observation on the Convention and to paragraphs 233 and 236 of the 1994 International Basic Safety Standards. The Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

7. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention and the principles set out in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated to ensure effective protection of workers who have received accumulated exposure beyond which they would run an unacceptable risk and who may thus be faced with the dilemma of having to choose between protecting their health or losing their job.

[The Government is asked to reply in detail to the present comments in 2008.]