Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the indication in the Government's latest report that it had not been in a position to take the measures necessary for the application of the Convention due to the exceptional circumstances which the country had been experiencing since 1977. The Government further stated that it hoped to take measures to ensure the strict application of Articles 5, 6, 7, 8, 9, 10, 11, 13 and 15 of the Convention in due time. The Committee hopes that the measures necessary for the protection of workers against exposure to ionizing radiation will be taken in the near future and that they will take into account its previous comments concerning the following points:

1. The Committee would call the Government's attention to its general observation of 1992 under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionizing radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

2. Furthermore, the Committee asks the Government to provide further information on the following points:

Article 12. In its previous comments, the Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. In its latest report, the Government has indicated that workers exposed to ionizing radiation are also subject to these provisions and that the more dangerous the work the stricter the medical supervision of the workers concerned. Finally, by virtue of section 5 of Decree No. 4568 of 30 June 1960, the occupational doctors are responsible for fixing the number, nature and frequency of the medical examinations. The Government is once again requested to provide information, in its next report, on the nature and frequency of medical examinations for workers engaged in radiation work.

Article 14. In its previous comments, the Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is once again requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionizing radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.