Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

With reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. With regard to the need to review maximum permissible doses of ionizing radiations presently in force in the light of current knowledge, the Committee notes the Government’s indication that, to this effect, agreement has been reached on using the new physiological findings by the International Commission on Radiological Protection (ICRP) (Publication No. 60) so as to ensure effective protection of workers against ionizing radiations. The Government further indicates that a committee composed of experts of the International Atomic Energy Agency and the Ministry of Health was set up to integrate the above findings into Law No. 59 of 1960, concerning the regulation of work with ionizing radiations and protection against its hazards within the framework of its revision. However, the work on these amendments has not been finalized yet. In this context, the Committee states that the Government had indicated already in its report of 1994 that a commission was examining the provisions of Act No. 59 of 1960 to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee accordingly trusts that the above committee will finalize its work in the near future so that the necessary amendments to Act No. 59 could be adopted in order to ensure effective protection of workers as regards their health and safety against ionizing radiations, in application of Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. The Committee further notes the Government’s indication that a technical committee was set up under the auspices of the Ministry of Health, which has made the necessary amendments to Ministerial Order No. 55 of 1983, respecting the occupational safety and health conditions, which were needed to comply with the requirements set forth in the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources, adopted in 1994 and developed under the auspices of the IAEA, ILO, WHO and three other international organizations, reflecting the most recent findings with regard to protection against the hazards arising out of exposure to ionizing radiations. In view of this information, the Committee understands that Ministerial Order No. 55 of 1983, which seems to regulate general aspects of occupational safety and health, has been amended to include provisions concerning radiation protection. It also notes that Act No. 59 of 1960, which governs specifically the regulation of work with ionizing radiations and protection against its hazards, is being amended. The Government is therefore asked to explain the interaction and complementarity of Act No. 59 of 1960 and Order No. 55 of 1983, including their amendments. The Committee also requests the Government to supply a copy of Ministerial Order No. 55 of 1983, as amended, in order to enable the Committee to determine the extent to which the requirements of the Convention would be met.

2. Scope of emergency work. With regard to the optimization of workers’ protection during accidents and emergency work and, in particular, with regard to authorizations previously granted for the use of specific practices and equipment of a kind which has been found unsafe, the Committee notes the Government’s indication that the technical committee referred to above has proposed amendments to the Labour Code, Act No. 137 of 1981, as amended, concerning the protection against ionizing radiations, as well as to Ministerial Order No. 55 of 1983. In this context, the Government indicates that authorizations granted to carry out the above operations are currently being reviewed to verify that the workplaces and the qualifications of the individuals working therein comply with the conditions under which an authorization has been issued. Furthermore, in cases of violation of the conditions under which the authorization has been issued, the work is suspended temporarily so as to monitor the undertaking in question. Legal proceedings can then be instituted against the undertaking. Moreover, the competent authority for issuing the authorizations is informed to take the necessary measures for withdrawing such authorizations as well as to adopt subsequent preventive measures to stop their misuse. The Committee takes due note of this information. It will comment in detail after having examined the amendments to the Labour Code and Ministerial Order No. 55 of 1983, once they have been adopted and published.

3. The provision of alternative employment. With regard to measures to be taken to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, the Government indicates that due account has been taken of this issue within the framework of the amendments made to Ministerial Order No. 55 of 1983. The Committee therefore requests a copy of the Ministerial Order, as amended, for further examination in order to be in a position to determine to what extent this article of the Convention is applied.