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

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1 of the Convention. Giving effect to the Convention. With regard to Northern Ireland, the Committee notes with interest the adoption of the Ionizing Radiations Regulations (Northern Ireland) 2000 (Statutory Rule No. 375 of 2000) (IRR(NI)), which came into force on 8 January 2001, replacing the Ionizing Radiations Regulations (Northern Ireland) 1985. It further notes with interest the Government’s statement that the Health and Safety Commission, with the consent of the Minister of State for the Environment, Transport and the Regions of Northern Ireland, has adopted the Approved Code of Practice (ACoP) "Work with ionizing radiation" applicable to Great Britain and that Northern Ireland does not intend to produce a separate code of practice. The Committee notes in this respect that the ACoP has a special legal status and may be relied upon in a court of law and that employers, workers’ representatives and other interested parties are consulted during the development of an ACoP, in the same way as for regulations, in accordance with the Convention.

3. Articles 3, paragraph 1, and 6, paragraph 2. Permitted dose limits. With respect to Northern Ireland, the Committee notes with interest that Regulation 11 of the IRR(NI) 2000, together with paragraphs 1 and 2 of Schedule 4, Parts I and II, establishes dose limits for exposure to ionizing radiation which reflect the recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 to which the Committee referred in its 1992 general observation under the Convention. The Committee also notes with interest Regulation 8(5)(a) of the Ionizing Radiation Regulations 1999 (IRR) under which women workers, once the pregnancy is declared, shall not be exposed to more than 1 mSv per year during the remainder of the pregnancy, in accordance with the ICRP recommendations. With respect to Northern Ireland, the Committee notes with interest Regulation 8(5)(a) of the IRR(NI) 2000 providing the same protection for pregnant women as for Great Britain.

4. Article 7, paragraph 2. Young workers under the age of 16 years. With respect to the general prohibition of engaging workers under the age of 16 years in work involving ionizing radiations, as required by the Convention, the Committee notes the Government’s statement that it still intends, in consultation with the social partners, to introduce a general prohibition to engage workers under the age of 16 years in radiation work "when an appropriate legislative opportunity arises". The Committee, having previously urged the Government to take appropriate action to ensure the full application of this Article, hopes that this will be undertaken in the very near future and requests the Government to provide precise information in this respect in its next report. With respect to Northern Ireland, the Committee notes that Regulation 11 and Schedule 4, Regulation 11, Part I, Regulation 6 of the IRR(NI) provide that the effective dose for workers below the age of 16 shall not exceed 1 mSv in any calendar year. In this respect, the Committee recalls its comments on the legislation applicable to Great Britain and asks the Government to take appropriate action, in consultation with the social partners, towards the incorporation of a general interdiction to engage workers under the age of 16 years in radiation work in Northern Ireland, in conformity with this Article of the Convention. The Government is requested to provide information in this respect in its next report.

5. Article 13. Emergency work. The Committee notes with interest the adoption of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (Statutory Instrument No. 2975 of 2001), which entered into force on 20 September 2001. It notes the obligation on employers to prepare an emergency plan (Regulation 7). The Committee notes, however, that "emergency exposure" under Regulation 2 (interpretation) is defined as "to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods". The Committee recalls the indication provided under paragraphs 16 to 27 and 35(c)(iii) of its 1992 general observation under the Convention and to paragraphs V.27 and V.30 of the International Basic Safety Standards, where it is explained that, according to the ICRP, the strict definition of circumstance in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed covers only situations of "immediate and urgent remedial work", thus exceptional exposure of workers may not be invoked to justify avoiding the "loss of valuable property". The Committee requests the Government to provide information in its next report on measures taken or envisaged to amend the definition of "emergency exposure" in order to fully apply the Convention. Furthermore, the Committee notes the obligation of medical surveillance to be carried out without delay in the event of a radiation emergency (Regulation 14(1)(d)) and that the competent authority, in this case, the Health and Safety Executive, shall be notified "without delay" (Regulation 13(1)). The Committee requests the Government to provide information in its next report on the interpretation of "without delay" in respect of medical examination and notification to the competent authority.

6. With respect to Northern Ireland, the Committee notes with interest the adoption of the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001, providing for employers’ obligation to prepare an emergency plan (Regulation 7). However, the Committee notes that "emergency exposure" under Regulation 2 (interpretation) is defined as "to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods". The Committee recalls the reference made above with respect to Great Britain and requests the Government to provide information on measures taken or envisaged to amend the definition of "emergency exposure". Furthermore, the Committee notes the obligation of medical surveillance to be carried out without delay in the event of a radiation emergency (Regulation 14(1)(d)) and that the competent authority, in this case the Health and Safety Executive, shall be notified "without delay" (Regulation 13(1)). The Committee requests the Government to provide information in its next report on the interpretation of "without delay" in respect of medical examination and notification to the competent authority.

7. The Committee is raising certain other points in a request addressed directly to the Government.