Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 13. Protection against accidents and in emergencies. The Committee notes that the Government’s report does not contain the information requested in its 2004 direct request. In that direct request, the Committee noted the Government’s indication that under section 166, relating to the preparation of emergency plans, of the 1998 Regulations respecting technical protection against ionizing radiations, the recommendations used are those contained in the October 2003 document “Method for developing arrangements for response to a nuclear or radiological emergency: Emergency preparedness and response”. It noted that the definition of “emergency” contained in this document justifies the exceptional exposure of workers in the event of occurrences which require, inter alia, interventions to reduce the adverse effects on property. The Committee observed that this definition appears incompatible with section 189 of the 1998 Regulations respecting technical protection against ionizing radiations, which provides that workers participating in an intervention may undergo exposure resulting in the maximum permissible dose for occupational exposure in a single year being exceeded solely for the purpose of saving lives or preventing serious injury, avoiding a high collective dose or preventing the development of catastrophic situations. In this respect, the Committee drew the Government’s attention to the information contained in paragraphs V.27 to V.32 of the 1994 Basic Standards of Radiation Protection and paragraph 35(c)(iii) of its 1992 general observation under the Convention, namely that exceptional exposure of workers is not justified for the purpose of rescuing “items of high material value”. Consequently, the Committee invited the Government to take the necessary measures to correct the apparent contradictions between the legislation and the recommendations of the October 2003 document entitled “Method for developing arrangements for response to a nuclear or radiological emergency: Emergency preparedness and response”, with a view to limiting the exposure of workers to what is strictly necessary for the purpose of limiting acute danger to life and health. The Committee once again requests the Government to indicate the manner in which it is ensured that the workers participating in an intervention cannot be exposed to such an extent that the maximum permissible dose for occupational exposure in a single year is exceeded for the purpose of rescuing items of high material value, but only in order to save lives or prevent serious injury, avoid a high collective dose or prevent the development of catastrophic situations.

Part V of the report form. Application in practice. In its previous comments, the Committee noted the Government’s indication that, under section 206 of the 1998 Regulations respecting technical protection against ionizing radiations, all inspections and audits are documented and, emphasizing that inspectors’ reports constitute an important component in assessing the application of the Convention, it requested the Government to provide extracts from the reports drawn by the Directorate-General for Occupational Safety and Health, which is the competent authority to monitor the application of the provisions of the Convention. Noting that the Government has not provided the requested information, the Committee once again requests it to provide this information and to indicate the number of workers engaged in activities involving exposure to ionizing radiations and who are accordingly covered by the Convention.