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Legislation. The Committee notes revised version No. 1 of the Basic Radiological Protection and Safety Regulations (standard UY100), which maintains the values referred to by the Committee in its previous comments. It also notes that a draft Act on radiological protection and safety has been before Parliament for examination since 2006. The Committee requests the Government to continue to supply information on any new developments in this respect.
Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments the Committee drew the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, which states that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. The Committee asked the Government to supply information on the measures taken to ensure the application of this Article of the Convention. The Committee notes that the Government merely replies that the State Insurance Bank, through its professional staff, assesses the risks to which workers may be exposed and the consequences thereof. The Committee notes with regret that this statement does not contain the requested information. The Committee again requests the Government to take all appropriate measures to ensure that no worker shall be employed, or shall continue to be employed, in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.
1. Further to its observation, the Committee notes the Government’s latest report, as well as the adoption of Basic regulation of radiological protection and safety, Norma UY100, approved by resolution of 28 June 2002 of the Ministry of Industry, Energy and Mining. It requests the Government to provide supplementary information on the following point.
2. Article 14 of the Convention. Alternative employment or other measures offered for maintaining income when continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments regarding the Government’s indications related to the approval of resolution No. 9 of 12 November 1990 on basic standards on radiological protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons, the Committee notes that the Government’s latest report contains no information in this respect. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide in its next report information on measures taken to ensure the application of Article 14 of the Convention with due regard being given to the Committee’s general observation of 1992 under this Convention.
1. The Committee notes with satisfaction the adoption of Basic regulation of radiological protection and safety, Norma UY100, approved by resolution of 28 June 2002 of the Ministry of Industry, Energy and Mining, which establishes legally-fixed dose limits of exposure for various categories of workers (Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention), a dose limit of ionizing radiation, of the same level as for the general public, for workers not directly engaged in radiation work, but who remain or pass through places where they may be exposed to ionizing radiation (Article 8), the requirement to elaborate and supervise training programmes for workers, as well as to install an identification system for sources of potential exposure to radiation (Article 9), the requirement to draw up medical supervision programmes for workers (Article 13(a)), the arrangements to carry out inspection activities of the National Directorate of Nuclear Technology (Article 15) and the necessary arrangements for emergency situations and accidents.
2. The Committee is addressing a request directly to the Government on certain other matters.
The Committee notes the Government’s last report and the information communicated in response to its previous comments. It would draw the Government’s attention to the following points on which additional information is required.
1. Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that currently Decree No. 406/88 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions and Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials are the main legislative texts applicable in the area of radiation protection. The Government, however, confirms the Committee’s previous comments that the above Decrees only partly give effect to the provisions of the Convention. In this context, the Committee notes Act No. 16.736 of 5 January 1996 on the National Budget, which contains in its paragraph 8 certain provisions related to radiation protection. However, there are no provisions establishing dose limits of workers’ exposure to ionizing radiations. The Government nevertheless indicates that the Recommendations of the International Commission on Radiological Protection (ICRP), the organization internationally recognized for its assessments of the state of the art in this field which provides inter alia for dose limits of workers’ exposure, are applied. The Committee accordingly requests the Government to indicate the manner in which the ICRP Recommendations are implemented and thus are binding at the national level. In this respect, the Committee further notes the Government’s indication that the Radiological Protection Bill, submitted to Parliament during the previous legislative period, incorporates the ICRP Recommendations, which are reproduced in the 1994 International Basic Safety Standards. The Bill, once it is in force, will oblige the users of radiation sources to meet the requirements set up to attain an effective control of ionizing radiation sources in the country, as well as to apply the requirements established for adequate working procedures with regard to the use of protective elements for workers, patients and the general public. The Committee, observing that the Radiological Protection Bill is under consideration since 1995, hopes that its adoption will take place in the near future; and that it will contain, inter alia, provisions setting forth exposure limits for the various categories of workers which replicate the latest Recommendations of the ICRP of 1990 and are reflected in the 1994 International Basic Safety Standards, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work, as provided for in these Articles of the Convention.
2. Article 8. With reference to the Committee’s previous comments, the Government limits itself to reiterate the content of section 24 of Decree No. 406/88, according to which the dose limit of ionizing radiation for workers not directly exposed in the course of their work, but who remain or pass through places where they may be exposed to ionizing radiation, is to be established at the same level as for the general public. The Committee, therefore, expresses again the hope that the Government will take the necessary measures to establish the dose limit of exposure for the general public. In this respect, the Committee recalls to the Government that the annual dose limit recommended by the ICRP in 1990 for the general public is 1 mSv.
3. Article 9. The Committee notes the Government’s indication that the signs for indicating dangers are those recommended by the International Atomic Energy Agency in its Basic Safety Standards, and that the existence of warning signs placed at the entrance within these areas are under supervision. Although the frequency of inspections regarding the existence of these signs is not regulated, in practice there are annual inspections in high-risk and medium-risk areas and inspections every two years in low-risk areas. The Committee requests the Government to give further particulars on the concrete warning systems used, and to indicate the manner in which the degree of risk is determined, which then influences the frequency of inspections. As to the requirement to provide the necessary information on the warning systems to the workers, the Government repeats the information given in its previous report to the effect that plans are currently being made with the National University to improve the level of training relating to radiological protection. The Committee, with a view to the time elapsed since the activities on the issue have been started with the National University, requests the Government to indicate whether any results have already been obtained to guarantee that the workers concerned are in fact provided with the necessary information on radiation protection. In this respect, the Committee would recall the importance of thorough information of the workers concerned representing a prerequisite for providing effective protection to them against the dangers arising from their exposure to ionizing radiations.
4. Article 13(a). With regard to the medical examination of workers in specified circumstances resulting from the nature or degree of their exposure, the Committee notes the Government’s indication that, in cases of injuries to workers of "probable radiological origin", subsequent studies are carried out in the offices of the National Commission on Atomic Energy of the Republic of Argentina. The Committee requests the Government to give particulars on the nature of this study and to indicate whether these studies also comprise medical examinations of the workers concerned.
5. Article 14. With regard to the provision of alternative employment possibilities to workers having prematurely accumulated their lifetime dose of ionizing radiation and to pregnant women, the Committee notes with interest the Government’s indication on the approval of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment possibilities to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons. While the above resolution is not available to the Committee, it was not possible to determine the extent to which the resolution would give effect to this principle derived from Article 14 of the Convention. It therefore would be grateful if the Government would communicate, with its next report, a copy of the above resolution for examination.
6. Article 15. The Committee notes the Government’s indication concerning the different competent authorities in the field of radiation protection and their responsibilities. As to the inspections, section 2 of Decree No. 519/84 confers the power to carry out inspections to the National Commission on Atomic Energy. Further to its previous comments, the Committee requests the Government to give additional information on the manner in which the inspections are carried out. To this effect, the Committee would ask the Government to supply extracts of inspection reports containing the relevant information on the methods used during the inspection of enterprises where workers are exposed to ionizing radiation in the course of their work.
7. Emergency situations and accidents. The Committee notes the Government’s indication that it has ratified through Act No. 16.075 of 11 October 1989, the Conventions on the immediate notification of nuclear accidents and on assistance in cases of nuclear accidents or radiological emergencies, approved by the General Conference of the International Atomic Energy Agency on 26 September 1986. The Committee further notes the Government’s indication that article 13 of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, provides for prior authorization in the case of workers’"planned special exposure". The Committee would draw again the Government’s attention to the indications given in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention. In particular, paragraph 19, referring to the ICRP Recommendations, indicates that the ICRP no longer includes the notion of "planned special exposure". Regarding the limitation of occupational exposure in emergencies, the ICRP now concludes that occupational exposure directly due to an accident can be limited only by the design of the plant and its protective features and by the provision of emergency procedures. The Committee, therefore, hopes that the Government will take the necessary measures in the framework of the examination of the Radiation Protection Bill, i.e. the insertion of provisions on workers’ exposure in emergencies reflecting the matters raised in paragraphs 16-27 and 35(c) of its 1992 general observation.
The Committee notes the information provided by the Government in its report for the period from 1 July 1994 to 30 July 1996.
1. Article 1 of the Convention. The Committee notes the information supplied by the Government in which it indicates that the Radiological Protection Bill has been submitted to Parliament which is currently examining and debating it. The Committee notes that for the purposes of preparing the Bill, a working group was set up comprising representatives of public and private institutions and professional associations and trade unions working in the field of ionizing radiation. The Committee requests the Government to provide a copy of the final text once it has been adopted.
2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes with interest that in its report, the Government indicates that the recommendations made by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency are being applied, and that these recommendations will be implemented in the draft legislation. The Government also indicates that once the Radiological Protection Bill has been adopted, users will be obliged to meet requirements set to achieve effective control of the sources of ionizing radiation, as well as requirements relating to working procedures appropriate to the use of protective elements for workers, patients and the general public. The Committee requests the Government to provide information on any developments in this regard.
3. Article 8. Noting that section 24 of Decree No. 406/88 establishes the dose limit of ionizing radiation for workers not exposed in the course of their work, but who remain in or pass through places where they may still be exposed to ionizing radiation, at the same level as for the general public. Referring to the Radiological Protection Bill, the Committee hopes that these limits will be included in the legislative text and will comply with the ICRP recommendations issued in 1990 and the 1994 International Basic Safety Standards.
4. Article 9. The Committee notes the information provided by the Government in which it indicates the requirement for the appropriate use of warnings in each report or calculation made regarding protection. The Government also states that during each inspection the operation of the warning systems is verified. The Committee requests the Government to indicate which warning systems are used, how often the inspections referred to are made and also, where appropriate, to supply information on the enterprises inspected and the checks made. With reference to appropriate information for and instruction of workers to ensure that suitable warnings are used, the Government indicates that plans are being made to improve levels of training by the National University on aspects relating to radiological protection. In this respect, the Committee requests the Government to indicate in its next report the practical and legislative measures taken or envisaged in relation to Article 9, paragraph 2.
5. Article 13, paragraph (a). In its previous request, the Committee asked the Government to indicate whether the investigations referred to in the Decree of 9 December 1942 relating to injuries of "probable radiological origin" included medical examinations for workers in cases of irradiation or radioactive contamination. In its report, the Government states that section 302 of Act No. 16.736 establishes the compulsory use of personal dosimetry for all persons exposed to ionizing radiation in the course of their work. This section also provides for authorization by DINATEN (National Nuclear Technology Directorate) to make exceptions in cases where this is justified. The Committee would be grateful if the Government would indicate the procedure for medical examinations conducted and provide information on the provisions applying in cases of irradiation or radioactive contamination which require an appropriate examination, together with details of the other measures provided for under this Article of the Convention.
6. Article 15. The Committee notes the information supplied by the Government to the effect that, according to section 2 of Decree No. 519/84, the national authority with supervisory powers over the use and application of radioactive substances and ionizing radiation is the National Atomic Energy Commission. The Committee requests the Government to indicate, in its next report, by what method such inspections will be made in enterprises whose activities involve the exposure of workers to ionizing radiation.
7. Alternative employment. (a) Accumulation of a lifetime dose. Noting that the Government has not replied to the question raised in paragraph 5 of its previous direct request, and referring to paragraphs 28 to 34 of its general observation of 1992 and the principles reflected in paragraphs 96 and 238 of the basic international standards issued in 1994, the Committee wishes once again to ask the Government to indicate what measures it has taken or intends to take in order to ensure that persons who do not show external signs of injuries, but who have accumulated exposure beyond which detriment considered unacceptable is to occur, may also benefit from the protection guaranteed by section 53 of the Executive Authority Decree of 9 December 1942.
(b) Pregnant women. Noting that Chapter III, section 25, paragraph (b), of Decree No. 406/88 expressly prohibits pregnant women and minors of both sexes under the age of 18 from working in conditions of exposure to ionizing radiation, the Committee requests the Government to indicate the measures taken or envisaged to guarantee the offer of alternative employment to pregnant women.
8. Emergency situations and accidents. Referring to paragraphs 16 to 27 and 35(c) of its general observation of 1992, and paragraphs 233 and 236 of the International Basic Safety Standards issued in 1994, the Committee requests the Government to indicate in its next report the circumstances in which exceptional exposure is authorized for workers, the measures taken or provided in order to ensure the most effective protection possible against accidents and during emergency operations, in particular with regard to the design and protective features of the workplace and equipment, and the development of emergency intervention techniques, the use of which in emergency situations would enable the exposure of individuals to ionizing radiation to be avoided.
The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention.
1. Article 1 of the Convention. The Committee notes the legislative texts provided by the Government with its report and in particular Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials, Decree No. 406/988 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions, and Executive Decree of 9 December 1942 to implement Act No. 9744 of 13 December 1937 concerning X-ray and radium services. The Committee further notes that a draft Act on Radiological Protection is currently being considered for approval, and requests the Government to supply a copy of the final text as soon as it is adopted. In this regard the Committee would draw the attention of the Government to the requirement under this Article of the Convention that in applying its provisions the competent authority shall consult with representatives of employers and workers, and would request the Government to indicate the measures taken or envisaged to meet this obligation.
2. Article 3, paragraph 1, and Article 6, paragraph 2. With regard to the maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body, the Committee notes the Government's indication in its report that the 1990 Recommendations of the International Commission of Radiation Protection and Recommendations of the International Atomic Energy Agency are applied. The Committee requests the Government to specify the manner in which these dose limits in effect are made known to enterprises engaged in activities that involve the exposure of workers to ionizing radiations.
3. Article 9. The Committee notes that the Government indicates in its report that in practice when it is determined during inspections that warnings to indicate hazards do not exist, the report established following such inspection requires that such warnings are used. It requests the Government to indicate the means under Article 1 of the Convention utilized to ensure that there are appropriate warnings to indicate the presence of hazards from ionizing radiations, and that any necessary information in this regard is supplied to the workers.
4. Article 13, paragraph (a). The Committee notes that section 53 of the Executive Decree of 9 December 1942 provides that when a worker incurs an injury that is probably of "radiological origin", he or she shall either be assigned to duties that are not "at risk" or be given special leave, as appropriate. Information regarding such injuries is then transmitted to the technical experts of the Ionising Radiation Accidents Medical Warning System so that they may carry out the necessary studies and investigations. The Committee requests the Government to indicate in its next report whether such necessary investigations include an appropriate medical examination of the injured worker as required under Article 13, paragraph (a) of the Convention.
5. Article 14. Referring to the afore-mentioned section 53 of the Executive Decree of 9 December 1942, the Committee also requests the Government to indicate the measures taken or envisaged to ensure that persons who show no apparent signs of injury but who by continuing to work may be subject to ionizing radiations contrary to qualified medical advice as a result of excessive exposure to ionizing radiations may benefit from the same provisions. In this regard, the Committee draws the attention of the Government to paragraphs 28 to 34 and 35(d) of its 1992 general observation regarding the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable is to arise.
6. Emergency exposure situations. The Committee notes that under section 15 of Decree No. 519/984 the National Atomic Energy Commission shall establish plans to confront emergencies that could have radiological effects in coordination and cooperation with other national authorities. With reference to paragraphs 16 to 27 and 35(c) of its general observation under the Convention and in the light of paragraphs 233 and 236 of the International Basic Safety Standards, the Committee requests the Government to indicate the steps taken in relation to the matters raised in the above paragraphs, in particular with respect to the strict definition of circumstances in which exceptional exposure might be tolerated, and the optimization of protection during accidents and emergency work through the design and protective features of the workplace and equipment and emergency planning for intervention relying on such techniques as robotized equipment.