Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes that in its 1995 report the Government indicates that it has not been able to take the necessary measures to guarantee effective protection of workers against exposure to ionizing radiation, pursuant to Articles 5, 6, 7, 8, 9, 10, 11, 13 and 15 of the Convention, and that it is waiting to receive information from the technical services which will allow it to provide such protection. The Committee hopes that these measures will be taken in the near future and that they will take account of its previous comments on the following points:

1. The Committee draws 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 radiation and to review maximum permissible doses of ionizing radiation 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 radiation 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 regular review of maximum permissible doses and amounts of ionizing radiation);

-- Article 7 (Fixing of appropriate levels 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 radiation);

-- 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 owing to 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 requests the Government to provide information on the following points:

Article 12. In its previous comments, the Committee noted that section 16 of Decree No. 6341 of 1951 provides for medical examinations prior to recruitment and periodically during employment, and that under section 5 of Decree No. 4568 of 30 June 1960, the number, nature and frequency of such examinations shall be determined by the occupational doctors. The Government indicated previously that the workers exposed toionizing radiation are also covered by these provisions and that the more dangerous the work is, the more rigorous is the medical examination of the workers concerned. The Committee hopes that in its next report the Government will provide information on the nature and frequency of the medical examinations provided for the workers exposed to ionizing radiation.

Article 14. In its previous comments, the Committee also noted that section 16 of Decree No. 6341 provides that it shall be the responsibility of the establishment physician to assess the capacity and physical aptitude of workers. In its last report, the Government indicates that the Committee responsible for reviewing the Labour Code will examine the Decree referred to above in the light of the provisions of this Article of the Convention. The Committee requests the Government to provide information on any progress made in this regard and to indicate, in particular, whether provision is made for a worker who is advised by a doctor not to undertake work involving exposure to ionizing radiation to be assigned to a different kind of work or, if he has already been assigned to work involving exposure, whether he must be transferred to another suitable employment.