Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. Further to its observation, the Committee would like to draw the Government's attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government's indication to the effect that the revised European Basic Safety Standards Directive (96/92/EURATOM), adopted on 13 May 1996, reflects the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) to which the Committee referred in its 1992 general observation under the Convention. Article 55 of the EURATOM Directive 96/92 provides for its implementation at national level by 13 May 2000. In this respect, the Consultative Document, containing proposals to revise the Ionizing Radiations Regulations, has been issued by the Health and Safety Commission in 1998. The Committee further notes that the exposure level indicated in article 9 of this EURATOM Directive and those indicated in Schedule 4B of the Consultative Document are in conformity with the new permissible levels of 20 mSv/year, averaged over five years, but not exceeding 50 mSv in any single year, as recommended by the ICRP for exposed workers. The Committee hopes that the implementing legislation will be in force by the due date for implementation of the Directive, 13 May 2000. The Committee accordingly requests the Government to supply a copy of the implementing legislation as soon as it becomes effective.

2. Article 8. The Committee notes that according to Schedule 4B, No. 1, of the abovementioned Consultative Document, the dose limit of 20 mSv/year applies to any employee. Thus, no distinction is made between workers directly exposed to ionizing radiation and those workers not directly engaged in radiation work. In this respect, the Committee would like to draw the Government's attention to section 5.4.5 of the ILO code of practice of 1986 and to the 1990 ICRP Recommendations, providing that the dose limits applied to workers not directly engaged in radiation work should be those applied to individual members of the public, which is 1 mSv/year. The Committee further notes that the Government had already indicated in its 1986 report that the dose limit for workers not directly engaged in work with ionizing radiation is one-tenth of the limit applicable to those workers who do work with ionizing radiation. According to the previous reports of the Government, this limit remained unchanged. One-tenth of the maximum permissible level (20 mSv/year) would be 2 mSv/year and thus two times higher than the dose limit recommended by the 1990 ICRP Recommendations (1 mSv/year).

As concerns the category of workers who are classified as "persons employed by an outside undertaking which undertakes activities of any sort in the controlled area of any operator other than the controlled area of the employing outside undertaking", so-called outside workers, the Ionizing Radiations (Outside Workers) Regulations, 1993, and the "Approved Code of Practice -- Protection of outside workers against ionizing radiations", 1994, implementing the European Directive 90/641/EURATOM, do not contain any new provisions on dose limits. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to apply the dose limits for public exposure also to workers not directly engaged in radiation work, as recommended by the ICRP in 1990.

3. Article 13. Occupational exposure during and after an emergency. The Committee notes the information supplied by the Government on the incorporation of the revised EURATOM Basic Safety Standards Directive (96/92/EURATOM) into national legislation as well as the ongoing legislative work on the Radiation (Emergency Preparedness and Public Information) Regulations. The Committee hopes that the Government will soon be in a position to report on progress made towards the adoption of the new Regulations. It requests the Government to supply a copy of the relevant Regulations as soon as adopted.

4. Article 14. Alternative employment. The Committee notes the Government's indication that workers who are forced to give up their established occupation on legitimate health grounds have access to training and placement services and social security benefits available to all jobseekers. The Committee would ask the Government to provide additional information whether these workers get special assistance in finding an alternative employment.