Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 6, paragraph 1, Article 7, paragraphs 1 and 2, and Article 8 of the Convention. Permissible doses for various categories of workers. The Committee notes that table 2 of Decree No. 11802 of 30 January 2004 sets the permissible ionizing radiation level for people in general to 1 mSv per year, in accordance with the Convention. With respect to the general prohibition to engage workers before the age of 16 or 17 years for work that is hazardous by nature as set out in Decree No. 700 of 1999, the Committee refers to its comments of 2004 under Convention No. 182 noting that this Decree is currently being revised. It requests the Government to provide information with its next report whether Decree No. 700 of 1999 has been revised, whether limits have been set for workers under the age of 18 years old involved in ionizing radiation work, whether there is a general prohibition to engage workers at the age of 16 years old and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

3. Article 9, paragraph 2. Training and information. The Committee notes that section 21 of Decree No. 11802 of 2004 provides that the Ministry of Labour shall issue rules ensuring that workers receive information and training with respect to work with ionizing radiation. The Committee requests the Government to provide information whether the Ministry of Labour has issued any rules ensuring the full application of Article 9(2) of the Convention.

4. Article 13, section (d). Required remedial action based on technical findings and medical advice. The Committee notes that the report contains no information with respect to provisions requiring employers to take remedial action based on the technical findings and medical advice. The Government is requested to provide information on measures taken to ensure compliance with this provision of the Convention.

5. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee, having previously noted that section 38(E) of Decree No. 11802 of 30 January 2004 ensures the right of workers to alternative employment when they have premature accumulation of their lifetime radiation dose, wishes nevertheless to draw the Government’s attention to paragraph 32 of the 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. In the light of the above indications, the Committee requests the Government to consider 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 radiations 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.

5. Part V of the report form. The Committee notes the Government’s statement that the result of the two committees established under Decree No. 46/1 of 12 March 2004 and Decree No. 135/1 of 10 August 2004 to establish a list of occupational diseases and another list for dangerous chemical substances and carcinogenic substances, shall result in appropriate measures being taken to ensure the application of the Convention. It requests the Government to provide detailed information with its next report on any measures taken or envisaged to ensure the application of the Convention. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the nature and number of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them and the individual protective equipment allocated to workers, such as dosimeters.