Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Radiation Protection Convention, 1960 (No. 115) - Germany (Ratification: 1973)

Other comments on C115

Observation

Direct Request

Display in: French - SpanishView all

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 3(1) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Committee notes the Government’s statement in its report that, to implement the new Council Directive 2013/59/EURATOM, it is developing a new Radiation Protection Act that will fundamentally restructure regulation of this field. The Committee encourages the Government, in the process of developing a new Radiation Protection Act, to take into consideration the indications contained in the general observation of 2015. It requests the Government to provide a copy of the new Act, once adopted.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. In this regard, the Committee notes the Government’s statement that section 241(2) covers situations before an illness has been declared, but after it has been determined that it is medically inadvisable for workers to remain in the workplace. The Government indicates that if a worker discontinues work because there is a risk, due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations.