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

The Committee notes with interest the information provided in the Government’s latest report, including the adoption of the revised Basic Sanitary Rules for Radiation Safety of Ukraine, approved by the Ministry of Health of Ukraine, No. 54 of 2 February 2005, and registered in the Ministry of Justice, No. 552/10832 of 20 May 2005, including instruction requirements to workers engaged in radiation work, which gives further effect to Article 9 of the Convention and the requirement of annual periodic medical examinations of persons working directly with ionizing radiation sources, which gives further effect to Article 12 of the Convention. The Committee asks the Government to supply a copy of the revised Basic Sanitary Rules with its next report and asks the Government to continue to provide information on relevant legislative amendments undertaken with regards to the Convention.

Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Effective protection of pregnant women. With reference to its previous comments in respect of the dose limits for pregnant women in category A (radiation workers), the Committee notes that no specific information has been provided by the Government in its latest report concerning measures to revise the dose limit established for pregnant women to ensure an effective protection for the mother and her unborn child. The Committee once again draws the Government’s attention to the indications contained in paragraphs 5.4.4., 4.1.5. and 4.3.1. of the ILO code of practice of 1986, to which the Committee referred in paragraph 13 of its 1992 general observation under the Convention, where it is indicated that the methods of protection at work for pregnant women should provide a standard protection for any unborn child broadly comparable with that provided for members of the general public which are not to be exposed to more than 1 mSv per year. The Committee reiterates its request that the Government indicate the measures undertaken or envisaged to revise the dose limits currently in force for pregnant women directly engaged in radiation work.

Article 8. Appropriate level to be fixed for workers not directly engaged in radiation work The Committee notes from the Government’s report that the effective dose for individuals, who do not work with a source of ionizing radiation, but who may be exposed to additional radiation because their workplace is situated on premises or on an industrial site where radiological or nuclear technology is used (category B), must not exceed 2 mSv per year. The Committee, once again, draws the Government’s attention to paragraphs 5.4.5 of the ILO’s code of practice of 1986, according to which the employer has the same obligations towards workers not engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the public, and that the annual effective dose equivalent limit for the individual members of the public is 1 mSv under the ICRP recommendations. The Committee reiterates its request that the Government indicate the measures taken or envisaged to set appropriate levels for this category of workers, taking into consideration that this Article of the Convention raises a particular concern for workers who, while not directly engaged in radiation work and thus not necessarily benefiting from monitoring programmes, special medical examination, etc., may remain in, or pass through, areas where they may be exposed to ionizing radiation.

Article 10. Requirement of the notification of work involving exposure of workers to ionizing radiation. As the Government’s latest report does not contain any reply to its previous comments to this issue, the Committee reiterates its request that the Government indicate the laws or regulations requiring the notification of work involving exposure of workers to ionizing radiation in the course of their work.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information in the Government’s report indicating that the Law of Ukraine on Protection of the Population from Ionizing Radiation provides compensation for cases of radiation exposure, resulting from practical activity, where the annual basic dose limit of radiation was exceeded. The Committee further notes that the Government’s latest report contains neither information concerning whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl nuclear power plant, nor a copy of the Safety Rules in the Course of Operation of nuclear power plants (RRS NP-89), as requested in its earlier comments. The Committee, once again, requests the Government to provide information on whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl nuclear power plant, and to provide copies of RRS NP-89 and the Law of Ukraine on Protection of the Population from Ionizing Radiation.

Part V of the report form. Application in practice. The Committee reiterates its request that the Government give a general appreciation of the manner in which the Convention is applied in practice in the country including, for example, extracts from inspection reports and information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, and information on the individual protective equipment allocated to workers, such as dosimeters.