Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's latest report in reply to its previous direct request. It requests the Government to provide additional information on the following points:

1. Article 2, paragraph 1, of the Convention. In its previous comments, the Committee had noted that Decree No. 86-1103 did not appear to ensure the protection of workers employed by undertakings which had no radiation sources, but whose work involved entering, on a temporary basis, establishments where direct or indirect exposure to ionising radiations would occur (for example, maintenance workers, demolition workers and plumbers). The Government's has indicated in its report that, while the responsibility for persons intervening from outside undertakings rests on the employer of the persons in question, this situation was likely to evolve due to a new EURATOM Directive of 4 December 1990 which reinforces the responsibility of the head of the establishment which involves exposure to ionising radiations in respect of workers entering its premises but employed by another undertaking. The Government is requested to indicate any measures taken or envisaged to ensure the protection of workers employed by undertakings which have no radiation sources, but whose work involves entering establishments in which there are radiation sources. The Government is once again requested to indicate the manner in which the established maximum permissible dose levels are enforced for such workers, in accordance with Article 11 of the Convention.

2. Article 3, paragraph 1 and Article 6, paragraph 2. The Committee notes with interest the adoption of Decree No. 88-662 of 6 May 1988 which amends the exposure limits set out in Decree No. 75-306 of 28 April 1975 concerning the protection of workers against risks of ionising radiations in nuclear installations to bring them into line with the maximum annual dose of 5 rems fixed by Decree No. 86-1103 concerning the protection of workers against ionising radiations in establishments other than nuclear installations. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

3. Article 8. The Committee notes from the Government's report that the classification of workers on the basis of their annual dose levels of exposure provided for in section 3 of Decree No. 86-1103 precedes the noting of the real exposure and, if it turns out that the measured exposure is not compatible with the classification, then the classification must be changed. The Committee would recall that this Article of the Convention provides that exposure limits shall be fixed for workers who are not directly engaged in radiation work. In this regard, the Committee would draw the Government's attention to paragraph 14 of its General Observation concerning dose limits for non-radiation workers. It recalls that employers are to ensure that the maximum permissible doses established for the general public (1mSv per year, averaged over any five consecutive years) are not exceeded for workers who are not directly engaged in radiation work. The Government is requested to indicate the measures taken or envisaged to ensure that appropriate limits of exposure are fixed for workers who are not directly exposed to ionising radiations, but who may remain or pass where they may be exposed to ionising radiations or radioactive substances.

4. The Committee notes with regret that the information provided in the Government's report contains no reply to the General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention which concern the limitation of occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.