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

1. The Committee notes the Government’s report and the transposition of Council Directive No. 96/29/Euratom into national legislation through Legislative Decree No. 165/2002 of 17 July, as well as Legislative Decrees Nos. 167/2002 of 17 July, 174/2002 of 25 July and 180/2002 of 8 August. The Committee also notes Legislative Decree No. 99/2003 of 27 August, which approves the Labour Code and the observations submitted by the General Confederation of Portuguese Workers (CGTP) and the Government’s reply thereto.

2. Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes with satisfaction that Legislative Decree No. 165/2002 of 17 July provides protection for all workers involved in activities involving exposure to ionizing radiation in the course of their work in conformity with this provision of the Convention.

3. Article 3, paragraph 1, and Article 6, paragraph 2. Annual dose limits. The Committee notes, as also observed by the CGTP, that the legislative changes introduced as a result of the transposition into domestic legislation of Council Directive No. 96/29/Euratom have not affected the different dose limits for the various categories of workers provided in section 31 of Legislative Decree No. 9/90 of 19 April and its Annex IV. The prescribed dose limits for exposure have thus not been brought into conformity with the Convention and the most recent recommendations adopted in 1990 by the International Commission on Radiological Protection (ICRP) and developed under the auspices of the IAEA, the ILO and the WHO and three other international organizations (ICRP 1990) which are contained in the 1994 publication International Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources. As further detailed below, the Committee reiterates its request to the Government to take the necessary measures in order to align current dose limits to those contained in the ICRP 1990 recommendations. The Committee would also like to remind the Government that the dose limits set forth in the national legislation should be kept under constant review in the light of current knowledge.

4. Article 7, paragraph 1(a). Workers directly engaged in radiation work aged 18 and over.  The Committee notes that Annex IV(A) to section 31 of Legislative Decree No. 9/90 of 19 April fixes the dose limit for this category of workers at 50 mSv which is 2.5 times higher than the average dose limit of 20 mSv per year recommended by the ICRP 1990. Furthermore, as regards pregnant and nursing women, the Committee notes that the new Labour Code adopted in 2003, in particular section 49, replaces Legislative Decree No. 229/96 of 26 July concerning the protection of safety and health of this category of workers and that thereby the general prohibition against exposure of pregnant and nursing women to ionizing radiation was replaced with provisions prohibiting exposure of pregnant and nursing women to agents and substances that may entail a risk to their health or safety. As noted above, the detailed provisions concerning annual dose limits for different categories of workers including those in Annex IV, item 3, for pregnant women, have not been amended. The Committee notes with concern that as a result pregnant women, from the time of conception until the time of birth, risk being exposed to dose limits ten times higher than that of 1 mSv fixed by the ICRP 1990. The Committee requests the Government to take the necessary measures to align current dose limits to those contained in the ICRP recommendation of 1990.

5. Article 7, paragraph 1(b). Apprentices aged between 16 and 18. The Committee notes that Annex IV(B), item 1, to section 31 of Legislative Decree No. 9/90 of 19 April, provides that the annual dose for workers aged between 16 and 18 who are working as apprentices, students or trainees is three-tenths of the annual dose limits established for workers directly engaged in radiation work, i.e. 15 mSv compared to the ICRP 1990 recommendation of 6 mSv per year. The Committee therefore requests the Government to take the necessary measures to change the current dose limit for this category of workers.

6. Article 7, paragraph 2. Minors under the age of 16. The Committee observes that the provisions of Legislative Decree No. 107/2001, revising inter alia, Legislative Decree No. 715/93 concerning minors, prohibits engaging workers under the age of 16 in work involving a risk of exposure to ionizing radiations, among other physical agents (section 1 and Annex 1.1 of Legislative Decree No. 107/2001). With reference to its previous comment on this issue, the Committee notes, however, that in contradiction with this prohibition, Annex IV(B), item 2, to section 31 of Legislative Decree No. 9/90 of 19 April, still prescribes a specific dose limit for minors under 16. The Committee therefore requests the Government to take the necessary measures in order to remedy the existing contradiction so as to give effect to this provision of the Convention.

7. Article 8. Dose limit for the general public. The Committee also notes that Annex IV(c), item 1, to section 31 of Legislative Decree No. 9/90 of 19 April, fixes the annual dose limit for the general public at 5 mSv, which is not in conformity with the annual dose limit of 1 mSv recommended by the ICRP 1990. It therefore requests the Government to take the necessary measures to establish limits in accordance with those fixed by the ICRP recommendations of 1990.

8. Article 12. Nature and frequency of medical examinations. The Committee notes that the Government’s reply to the Committee’s comments on this issue contains no new information regarding the frequency and the nature of the medical examinations of workers directly exposed to ionizing radiations are required to undergo pursuant to Regulatory Decree No. 9/90. With reference to the provisions in Article 12, the Committee therefore requests the Government to provide additional information on how the relevant provisions in Regulatory Decree No. 9/90 are applied in practice.