Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - Belarús (Ratificación : 1968)

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Legislation. The Committee notes that the Act of Belarus on Radiation Safety of Population of 5 January 1998 was amended by the Chamber of Representatives of the National Assembly of the Republic of Belarus on 6 November 2008. The new version of the Act was complemented with provisions concerning powers of various state bodies in ensuring radiation safety, radiation safety in cross border transportation of sources of ionizing radiation, and with Chapter IV-1 which is dedicated to ensuring radiation safety in dealing with radioactive waste. The Committee notes with interest that those amendments to the Radiation Safety Act are in conformity with the provisions of the Convention, in particular with Article 3(1) (Appropriate steps to ensure effective protection of workers against ionizing radiations); Article 6(2) (To keep under constant review the maximum permissible doses of ionizing radiations in the light of current knowledge); and Article 7(2) (Prohibition to engage workers under the age of 16 in work involving ionizing radiations) of the Convention.

Article 8. Appropriate levels for workers who are not directly engaged in radiation work. The Committee notes that under section 8 of the Act of Belarus on Radiation Safety of Population of 5 January 1998 for the general public the established average annual cumulative dose limit is 1 mSv or a cumulative dose for a life-long period (70 years) is 70 mSv. In individual years a higher cumulative dose is admissible, provided that the average annual effective dose calculated for the period of five consecutive years does not exceed 1 mSv. According to the 1992 general observation of the Committee on the application of the Convention, as well as section 5.4.5 of the ILO Code of Practice of 1986, the dose limits for workers not engaged in radiation work should be the same as those applied to members of the public, specifically 1 mSv per year, averaged over any five consecutive years, taking into account also higher previous exposure. The Committee therefore considers that effect has been given to Article 8 of the Convention.

Article 13. Emergency situations. The Committee notes the information provided by the Government in reply to the previous direct request about measures to suspend authorisations for certain practices or the use of unsafe equipment. The Committee notes the information provided by the Government that state supervision in the field of nuclear and radiation safety is exercised by the Department of Nuclear and Radiation Safety (Gosatomnadzor), which is a structural unit of the Ministry of Emergency Situations of Belarus. The Committee also notes that the Government has indicated that in the event of detecting equipment which does not comply with the technical requirements relating to radiation safety, Gosatomnadzor may order the shutdown of the equipment. In relation to these points the Committee notes that in accordance with section 5.1 of the Regulations on state supervision in the sphere of nuclear and radiation safety, approved by the Decree of the Belarus Council of Ministers of 31 December 2008, No 2056, in exercising state supervision, Gosatomnadzor carries out inspections of compliance by those subject to supervision with the nuclear and radiation safety requirements, organization of accident preparedness and response. According to section 5.12 of the same Regulations on detecting infringements of the normal operation of hazardous radiation objects or violation of legal and technical standards of nuclear and radiation safety, which might give rise or have given rise to loss of control of sources of radiation, Gosatomnadzor may decide on the complete or partial suspension of activities involving the use of sources of ionising radiation, and the use of hazardous radiation objects. In addition, section 8.5 of the Regulations on the Department of nuclear and radiation safety of the Ministry of Emergency Situations of Belarus approved by the Decree of the President of Belarus No. 565 of 12 November 2007, sets forth that Gosatomnadzor has the right to issue binding orders requiring elimination of detected violations in the field of nuclear and radiation safety, including full or partial suspension of the activity of using nuclear energy, of dealing with sources of ionising radiation and of operating objects of dealing with radioactive waste until the established violations are eliminated. The Committee notes that the information provided indicates that effect has been given to Article 13 of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that according to section 295 of the Basic Sanitary Rules for Ensuring Radiation Safety OSP-2002, approved by Decree No. 6 of 22 February 2002 of the Chief State Medical Officer of Belarus, in cases of the detection of deviations (abnormalities) in the state of the health of workers (staff members), which do not permit their continuation at work with sources of radiation, the question of temporary or permanent transfer of these individuals into work not in contact with ionizing radiation is decided individually in every particular case, taking into account the characteristics of the sanitary and hygienic conditions of work, persistence and severity of the revealed pathology, and social issues. Against this background the Committee would like to recall that this provision of the Convention also refers to situations before any illness or abnormalities may have been detected, such as when past exposure renders it medically inadvisable to expose workers to further radiation in course of their work. The Committee reiterates its request to the Government to provide further detailed information on measures taken 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 ionising radiations contrary to qualified 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.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.