Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information in the Government’s latest report, and the attached documentation, indicating the notification and directive issued under the Atomic Energy (Radiation Protection) Rules, 2004 during the period between 2005 and 2010, and that notifications on dose limits based on the International Commission on Radiological Protection recommendations and on the radiation protection symbol have been prepared and are ready to be issued. The Committee also notes the response provided by the Government, and the relevant sections of the 2005 Atomic Energy Regulation Board (AERB) Safety manual on radiation protection for nuclear facilities (Safety Manual 2005) attached, which indicate the exposure levels requiring prompt investigation and give further effect to Articles 3(1) and 6(2) of the Convention. The Committee asks the Government to continue to provide information on relevant measures undertaken with regard to the Convention and to provide copies of any notifications or directives issued under the Atomic Energy (Radiation Protection) Rules, 2004 concerning application of the Convention.

Article 1 of the Convention. Consultation with representatives of employers and workers. The Committee notes the Government’s response indicating that during the formulation of the recent notification and directive, consultation was undertaken with relevant stakeholders, including industry representatives. The Committee asks the Government to keep it informed of measures taken to consult with the concerned representatives of employers and workers on all aspects related to the application of the Convention, including the development and review of relevant legislation and ongoing development of notifications under the Atomic Energy (Radiation Protection) Rules, 2004.

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 response provided by the Government indicating that under the Safety Manual 2005, cases of exposure exceeding the dose of 20 mSv in a year should be investigated by an exposure investigation committee, which should include as a member the medical officer of the facility. The Government indicates that one of the functions of this committee is to suggest further action in respect of work to be allocated to the person who has been advised to be removed from radioactive areas as a result of exposure. The Committee further notes the information that AERB team members verify that over-exposed persons who are removed from radioactive work are suitably deployed in a non-radioactive area for a specified period. The Government indicates that no cases concerning loss of wages as a result of alternative employment has been brought to the attention of the AERB. The Committee asks the Government to provide further information on the specified time period that applies for workers removed from radioactive work due to over-exposure; and to indicate whether other means for maintaining income are offered in cases where alternative employment does not cover the entire duration in which workers are medically advised not to continue work involving exposure.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government in its report regarding the application of the Convention through the relevant administrative procedures in place. The Committee asks the Government to provide information on the application of this Convention in practice, with particular reference to any investigations carried out under part 11 of the 2005 Safety Manual, and to specify any situations where workers have been removed from radioactive work and provided with alternative employment. The Committee also asks the Government to provide general information on the number of workers covered by the Convention and the number and nature of infringements reported by the labour inspectorate.