Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

1.  The Committee notes with interest that the Regulations concerning dose limits for workers exposed to ionizing radiation of 1995, issued by the Norwegian Radiation Protection Authority (NRPA), establish dose limits in occupational exposure for workers engaged in radiation work, which are in line with the dose limits recommended by the ICRP in its 1990 Recommendations.

It further notes with interest that the Regulations of 14 June 1985 on ionizing radiation are being amended in order to bring them into conformity with the dose limits set out in the Directives EURATOM of the Council of the European Union. With regard to the amendment’s procedure, the Government explains that the proposed amendments have been circulated for comments and have been submitted to the labour inspection’s governing body in June 2000, after approval by the Ministry of Local Government and Regional Affairs. The Committee hopes that the amendments to the abovementioned Regulations will be adopted soon, and requests the Government to supply copies as soon as they are adopted.

2.  Further to its previous comments, the Committee would draw the Government’s attention to the following points.

Article 8 of the Convention.  The Committee notes the Government’s explanation that, although Norwegian legislation does not provide explicitly for dose limits for non-radiation workers, the dose limits recommended by the ICRP in its 1990 Recommendations are nevertheless applied in practice through a number of technical provisions. In this respect, the Government indicates that, for example, the radiation protection requirements in well-logging, issued in 1997, the radiation protection requirements for industrial gauges, issued in 1996, and the radiation protection requirements for industrial radiography, issued in 1999, provide for dose limits of 7,5 macro Sievert per hour, equivalent to 1 mSv/year, which is the dose limit recommended by the ICRP in its 1990 Recommendations for non-radiation workers. The Committee, taking due note of this information, requests the Government to explain whether these technical provisions, which, according to the Committee’s understanding, do not have legal character, are nevertheless binding and thus must be observed by the employer; or whether they only constitute reference values and it is thus left to the discretion of the employer to apply the dose limits fixed in technical provisions. In this relation, the Committee would recall the provision of Article 8 of the Convention which raises a particular concern for workers who, while not directly engaged in radiation work and thus not necessarily benefiting from monitoring programmes, special medical examinations etc., may remain in, or pass through, areas where they may be exposed to ionizing radiations. In the case that the abovementioned technical provisions are not binding, the Committee would invite the Government to examine the possibility to incorporate the dose limits established by technical provisions into the national legislation, in order to ensure that workers who are not directly engaged in radiation work are protected effectively, since the employer has the same obligations towards workers not engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the public with respect to sources or practices under the employer’s control.

Article 13.   Emergency exposure situations.  With a view to the issue of exposure to ionizing radiation in emergency situations, the Government indicates that, while there are no regulations or codes of practice fixing dose limits for workers’ exposure in emergency situations, the Norwegian Radiation Protection Authority (NRPA), being the competent authority to issue regulations on radiation protection, has established so-called "non-legislative emergency planning documents" which reflect the 1990 ICRP Recommendations on this issue, namely that of workers’ exposure in emergency situations to 0,5 Sv except for life-saving actions. The Committee noting this information requests the Government to explain the degree to which the dose limits established in the "non-legislative emergency planning documents" are binding, and asks the Government to supply a copy of such a document for further examination. The Committee also would draw the Government’s attention to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and the paragraphs V.27 and V.30 of the 1994 International Safety Standards. In this respect, the Committee adds that the reference it made in its 1995bis comments to paragraphs 233 and 236 of the 1994 International Basic Safety Standards referred to the paragraphs of the provisional publication.

Article 14.  Alternative employment.  The Committee notes the Government’s indication to the effect that neither regulations nor codes of practice exist dealing with the issue of alternative employment. The Committee therefore again draws the Government’s attention to paragraphs 28 to 34 and 35(d) of its general observation under the Convention, and the principle reflected in paragraph I.18 (paragraph 96 of the provisional publication) of the 1994 International Basic Safety Standards, and requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

3.  Part V of the report form.  The Committee notes the Government’s indication that Norwegian legislation and codes of practices are based on recommendations and guidelines published by international organizations, like the ICRP, IAEA, EU etc., and thus applies the general principles of the Convention. The Government nevertheless considers that at present the incorporation of the abovementioned recommendations and guidelines into national legislation is arrived at an only "modest degree". The Government, however, declares that the basic Act on the use of x-rays and radium etc. of 18 June 1938, will be replaced in spring 2000 by a new radiation protection Act, which will be followed by the adoption of a number of new regulations, to be issued in application of this Act. At this occasion, a number of basic international standards and recommendations, mainly the 1990 ICRP Recommendations and EU Directives, will be incorporated into national legislation. The Government estimates that these measures would lead to a better application of the Convention at national level. The Committee accordingly hopes that the new Act will be adopted soon as well as the regulations to be issued in application of this Act. In this respect, the Committee would again encourage the Government to consider the incorporation of provisions governing the issues of alternative employment and exposure to ionizing radiation in emergency situations into national legislation. The Committee requests the Government to send copies of the new Act and the regulations once they are adopted.