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

1. The Committee notes with interest the information in the Government’s report including replies to comments made by the Committee as well as the information regarding amendments to Act No. 18/1997 on the peaceful use of nuclear energy and ionizing radiation by Act No. 13/2002, and the adoption of the following Decrees: No. 307/2002 on requirements for securing radiation protection (replacing No. 184/1997 on the same subject); No. 419/2002 on personal radiation passports; No. 318/2002 on details to ensure disaster prevention in nuclear installations and workplaces with ionizing radiation sources and on requirements made on the contents of internal disaster prevention plans and disaster prevention rules; and No. 317/2002, amending Decree No. 146/1997 specifying activities directly affecting nuclear safety and activities and especially important for radiation protection. As further examined below, the newly adopted legislation appears to give effect to most aspects of Articles 1, 5 and 8. The texts of the new pieces of legislation were not, however, appended to the report. The Committee also notes the observations of the Czech-Moravian Confederation of Trade Unions reflected in the report and according to which a more detailed comparison of the legislative changes introduced by the new legislation should have been presented by the Government. Against this background, the Committee requests the Government to provide with its next report copies of the new pieces of legislation, including, if possible, translations thereof into one of the working languages of the ILO, to enable the Committee to examine them in detail. In the meantime, and on the basis of the information in the Government’s report, the Committee draws the attention of the Government to the following points.

2. Article 1. Tripartite consultations. The Committee notes with interest that in reply to the Committee’s previous comments, the Government indicates that consultations with the tripartite constituents, as well as other interested institutions, are provided for in general rules concerning the procedure to follow for developing and adopting legislation. The Committee notes this information and requests the Government to indicate the manner in which it is ensured that consultations are held with the representatives of employers and workers on questions also related to the implementation of laws and regulations or other measures giving effect to the Convention.

3. Article 8. Dose limits for non-radiation workers; Article 12. Medical examinations. The Committee notes with interest that in reply to its previous comments on these issues, the Government indicates that section 19 of Decree No. 307/2002 provides for an annual dose limit of 1 mSv for non-radiation workers which is in conformity with the 1990 recommendations of the International Commission on Radiological Protection (ICRP) and section 28, subsection 3(a) of Decree No. 307/2002 provides for a pre-employment medical examination and that section 28, subsection 3(b) of the same decree prescribes a periodical medical check-up of category-A workers once a year. As regards the latter point, the Committee requests the Government to provide some further information on the medical examinations required for different categories of workers.

4. Article 5. Exposure to ionizing radiations. The Committee notes the Government’s indications that radiation exposure limits are set down in sections 19 to 23 of Decree No. 307/2002 and that protection against ionizing radiation is based on the internationally recognized principle of optimization referred to in section 17 of the same Decree. Accordingly, all radiation should be planned and kept at a level as low as reasonably achievable with regard to economic and social factors. The Government also indicates that when setting down the optimization measures for an individual activity leading to radiation, the competent authority takes into account existing experience with such activities and sources, so that the level of radiation protection is not lower that that already achieved, and takes into account a possible influence of other activities and sources, so that the overall excess of radiation limits is prevented. The Committee once again draws the attention of the Government to the fact that the Convention requires the restriction of exposure "to the lowest practicable level", and requests the Government to indicate to what extent economic and social factors have been taken into consideration in this context and to take the necessary measures to ensure that exposure of workers is restricted to the lowest practicable level in accordance with the Convention.

5. Article 7, paragraph 2. Prohibition against engaging workers under the age of 16 in work involving ionizing radiation. The Committee notes that in reply to its previous comment on this issue the Government refers to section 24 of Decree No. 307/2002 which provides that persons below the age of 18 cannot be given a job potentially leading to radiation exposure at a level exceeding general limits, and must be given such conditions and such a level of radiation protection as for the general population. The Committee also notes, however, that the Government elsewhere in the report indicates that section 21 of Decree No. 307/2002 sets radiation limits for apprentices and students who are 16 to 18 years old and that section 23 of the same Decree sets radiation limits for special cases. The Committee requests the Government to provide further information about the radiation limits prescribed for apprentices and students from 16 to 18 years of age and how these rules are applied in practice, as well as further information on the apparent exceptions possible for "special cases", the modalities therefor and the measures taken or envisaged to ensure that no worker under the age of 16 years is engaged in work involving ionizing radiations.

6. Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided by the Government in its report concerning the manner in which work involving radiation is being supervised, as well as the outcome of this supervision. The Committee also notes with interest the introduction by Decree No. 419/2002 of personal radiation cards or passports issued to external workers on a contract in a controlled zone of a different operator. The Committee invites the Government to continue to provide such information on the practical application of the Convention including information on the measures taken to limit the cases where workers accidentally are exposed to doses exceeding the prescribed maximum levels as well as on the experiences gained with the personal radiation passports.