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

1. The Committee notes the information supplied by the Government. It further notes the declaration of the Lebanese Atomic Energy Agency, which is a specialized subagency of the National Council for Scientific Research, that a draft legal framework concerning the regulation of the permit system, inspection and the proper utilization of ionizing radiation in Lebanon has been elaborated. The Committee hopes that the above draft legal framework will be adopted in a near future and requests the Government to transmit a copy as soon as it is adopted. The Committee further notes that the Ministry of Labour has elaborated a draft to amend Decree No. 6341 of 24 October 1951, which regulates the health protection in the majority of undertakings prescribed by the Labour Code. According to the Government, the proposed amendment also specifies special measures for the protection of workers exposed to ionizing radiation. Since every undertaking which owns, deals or uses sources of ionizing radiation is required to get a special permit from the Ministry of Labour, the undertakings are hence bound to take all the necessary measures to provide effective protection of workers, as regards their health and safety, against ionizing radiations by means of restriction of exposure to the values indicated in a table providing for maximum permissible doses of exposure to radiation per year. The draft decree also obliges undertakings to hold special registers containing information on the sources of radiation. The Government further indicates that an order to be issued by the Minister of Labour, in application of the above Decree, would relate to the following points:

-      Minimizing workers’ level of exposure to radiation and its limitation;

-      Fixing the maximum permissible doses, the quantity of ionizing radiation and their review on a regular basis;

-      Fixing adequate levels of exposure to radiation of workers over 18 years and those for workers under the age of 18, who are directly engaged in work involving such radiation, and whereby young workers under the age of 16 are prohibited from being engaged in work involving exposure to ionizing radiation;

-      Providing warnings to tasks that may involve exposure to radiation;

-      Training and informing workers who may be exposed to ionizing radiation of the hazards involved;

-      Carrying out appropriate tests to verify the observance of established standards concerning exposure to radiation; and

-      Determining cases in which immediate measures need to be taken as a result of the nature of exposure or due to its degree.

The Committee notes with interest this development, in particular, with regard to the indicated content of the draft amendment of Decree No. 6341 of 24 October 1951, which, when adopted, would apply the following provisions:

-      Article 3 (appropriate steps to be taken to ensure effective protection in the light of knowledge available at the time);

-      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 of 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 of workers liable to be exposed temporarily);

-      Article 9 (information and instruction for workers exposed);

-      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); and

-      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).

The Committee therefore hopes that the above draft decree will be adopted in a near future to ensure effective protection of workers against ionizing radiations. In this context, the Committee nevertheless once again would draw the Government’s attention to its 1992 general observation under the Convention, which sets forth, inter alia, the exposure limits established for the different categories of workers on the basis of new physiological findings by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, which were reflected in the 1994 Basic Safety Standards developed under the auspices of the International Atomic Energy Agency (IAEA), the International Labour Organization (ILO), the World Health Organization (WHO) and three other international organizations.

Finally, the Committee notes the Government’s indication that the Council of Ministers approved on 4 November 1998 a draft law, which aims at protecting from radiation and providing safety of ionizing radiation sources. The Committee therefore requests whether the above draft has been adopted and, if that is not the case, to indicate its stage within the legislative process towards its adoption. It also requests the Government to supply a copy as soon as it is adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that the Lebanese Atomic Energy Agency has communicated an annual dose limit of 20 mSv for workers’ exposure to ionizing radiation. The committee requests the Government to indicate whether such a communication of the Lebanese Atomic Energy Agency is legally binding. Moreover, the Committee notes the Government’s indication that the Council of Ministers agreed in its session held on 9 July 1997 to join the International Project on Strengthening Infrastructure for Protection against Radiation. Taking due note of this information, the Committee requests the Government to explain more in detail the content and objectives of this international project as well as its duration and to provide information on the results achieved until now.

3. Article 12. The Committee notes that section 22 of the Labour Code requires medical examinations of young persons before their employment in order to determine their fitness for work. It further notes that Order No. 157/1 of 2 August 2000 requires the carrying out of a medical examination and re-examination to check the fitness for employment of young persons until the age of 21 years in the case they are employed in occupations involving serious health hazards. In addition, Decree No. 4568 of 20 June 1960 requires each undertaking with more than 20 employees to have a physician to monitor the health conditions of the workers. In this respect, the Government however indicates that upon promulgation of the abovementioned legal texts on ionizing radiation, an effort will be made to promulgate other legal texts to apply Article 12 of the Convention, if this Article would not already be applied sufficiently by the new laws. The Committee states that the orders and decrees referred above, only provide for medical examinations of young persons. Consequently, with regard to the new decree to be adopted, which amends Decree No. 6341 of 1951, the Committee would recall that Article 12 of the Convention provides for appropriate medical examination of all workers directly engaged in radiation work prior to or shortly after taking up such work as well as for subsequent further medical examinations. The Committee hopes that the Government will take the necessary steps to ensure that medical examinations are provided to all workers exposed to ionizing radiation, in application of Article 12 of the Convention.

4. Article 14. Alternative employment. In its previous comment, the Committee noted that section 16 of Decree No. 6341 provides that it shall be the responsibility of the establishment’s physician to assess the capacity and physical aptitude of workers. It further noted the Government’s indication that the Committee responsible for the review of the Labour Code will examine the Decree referred to above in the light of the provisions of this Article of the Convention. With regard to the provision of suitable alternative employment to workers whose continued assignment to a work involving exposure to ionizing radiations is contraindicated for health reasons, the Government refers in its report to the statement made by the Lebanese Atomic Energy Agency that no practical progress has been achieved in this respect. Taking into consideration that Decree No. 6341 is being amended, the Committee trusts that the draft amendment of Decree No. 6341 of 24 October 1951 will contain provisions concerning alternative employment, in application of Article 14 of the Convention. The Government is also asked to provide information on any progress made in this regard.

5. Finally the Committee requests the Government to supply a copy of the Legislative Decree No. 105 of 13 September 1983 relating to the regulation of the use of ionizing radiation and protection against ionizing radiation.