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

Further to its observation, the Committee would draw the Governments attention to the following points:

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest that Regulation 11 of the Ionizing Radiations Regulations No. 3232 of 1999 (IRR 99), in conjunction with paragraphs 1 and 2 of Schedule 4, Part I and II to Regulation 11 establishes dose limits for exposure to ionizing radiation which reflect the Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 to which the Committee referred in its 1992 general observation under the Convention. However, with regard to exposure limits for women of reproductive capacity, paragraph 5 of Schedule 4, Part I to Regulation 11 of IRR 99 prescribes a limit on equivalent dose for the abdomen of a woman of 13 mSv in any consecutive period of three months. In this respect, the Committee would draw the Government’s attention to paragraph 13 of its 1992 general observation under the Convention where it referred to the 1990 Recommendations of the ICRP as well as to section 5.4.4 read together with 4.1.5 and 4.1.3 of the ILO code of practice of 1986 providing for special dose limits for pregnant women directly engaged in radiation work. It is explained that, although no special limits are provided on exposure and intake for the women concerned before pregnancy is declared, women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv per year. Once the pregnancy has been declared, the unborn child should be protected by applying a supplementary equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv for the remainder of the pregnancy. The Committee accordingly requests the Government to indicate the measures taken or contemplated to adapt the respective dose limits found in the national legislation to those of the Recommendations adopted by the ICRP in 1990 to ensure effective protection of women workers of reproductive capacity.

2. Article 8. The Committee notes that paragraph 60 of the Approved Code of Practice (ACOP) provides for restriction of exposure by means of control measures for workers who are not normally exposed to ionizing radiation in the course of their work in order to make it unlikely that such persons would receive an effective dose greater than 1 mSv per year or an equivalent dose which exceeds that specified as a dose limit for any other person in Schedule 4, which is also 1 mSv. The Committee understands from the above that the dose limit of 1 mSv, as indicated in the ACOP, is not intended as a fixed value, but rather an indicative value. It would therefore once again draw the Government’s attention to section 5.4.5 of the ILO code of practice of 1986 and the 1990 ICRP Recommendations, providing that the dose limits applied to workers not directly engaged in radiation work should be those applied to individual members of the public, namely 1 mSv. It points out that these dose limits are fixed values which should in no case be exceeded. The Committee requests the Government to clarify this provision of the ACOP to ensure that the established dose limits must be observed and cannot be exceeded so as to guarantee effective protection of non-radiation workers in the light of current knowledge.

With regard to "outside workers", the Committee notes the Government’s indication that the Ionizing Radiations (Outside Workers) Regulations, 1993 (IRR 93), have been incorporated into the Ionizing Radiations Regulations, 1999. Pursuant to the definition given in Regulation 2 of IRR 99, an outside worker means a classified person who carries out services in the controlled area designated by another employer. Hence, the exposure limits established for radiation workers are also applicable to this category of workers.

3. Article 13. Occupational exposure during and after an emergency. The Committee notes the Government’s indication that the legislative work on the Radiation (Emergency Prepared and Public Information) Regulations has been delayed, but that it is hoped to make the regulations later in the year 2000. The Committee requests the Government to indicate whether the above regulations have been adopted in the meantime and, if that is the case, to supply a copy of them to the ILO.

4. Article 14. Alternative employment. The Committee notes the information supplied by the Government in reply to its previous comments concerning Article 14 of the Convention.