Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee takes note of the Government’s comprehensive report. It notes the Government’s indication concerning the legislative activities envisaged to harmonize certain normative instruments as well as the instructions and normative instruments issued at enterprise level with the requirements set forth in the binding Standards of Radiological Safety of Ukraine (SRS-97). The Committee requests the Government to keep it informed on any progress accomplished in the legislative process and to communicate a copy of the regulations and normative instruments once they have been adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that the dose limits for workers’ exposure to ionizing radiations have been revised in 1998 and that both the Law on Protection of Man against the Impact of Ionizing Radiations and the Standards of Radiological Safety of Ukraine (SRS-97) provide for dose limits of the different categories of workers and the population which are in conformity with the international standards. It notes with interest paragraph 5.1 of the Standards of Radiological Safety of Ukraine (SRS-97) providing for the annual dose limit for radiation workers of 20 mSv and for the population 1 mSv reflecting the maximum permissible dose limits adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, the ILO, the WHO and three other international organizations. With regard to the dose limits for pregnant women attributed to category A (radiation workers), the Committee notes that paragraph 5.6.1 of SRS-97 provides for an additional radiation restriction, i.e. the equivalent dose of the external local exposure of the skin at the lower part of the abdomen should not exceed 2 mSv for any two consecutive month, and at the time of diagnosing a pregnancy, this dose should not exceed 2 mSv for the whole period of pregnancy. In this respect, the Committee draws the Government’s attention to the indications contained in paragraphs 5.4.4., 4.1.5. and 4.3.1 of the ILO code of practice of 1986 to which the Committee referred in paragraph 13 of its 1992 general observation under the Convention where it is indicated that the methods of protection at work for pregnant women should provide a standard 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 1mSv per year. In the light of these indications, the Committee requests the Government to revise the dose limit established for pregnant women to ensure an effective protection for the mother and her unborn child. It further requests the Government to supply a copy of the Law on Protection of Man against the Impact of Ionizing Radiations for further examination. The Committee also notes the supplementary list of maximum permissible levels, contained in the Government’s report, which is based on various standards of radiation safety and which made use of different criteria for the determination of maximum permissible dose levels for workers’ exposure to radiation. The Committee requests the Government to specify the standards of radiation safety on which the list of supplementary maximum permissible levels is based and to provide a copy of them for further examination.

3. Article 8. With regard to the maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work, the Committee notes that paragraph 5.1 of the Standards of Radiological Safety of Ukraine (SRS-97) fixes an annual dose limit of 2 mSv. In this context, the Committee draws the Government’s attention to paragraphs 5.4.5 of the ILO’s code of practice according to which the annual effective dose equivalent limit for the individual members of the public remains at 1 mSv under the ICRP recommendations. In this context, it would recall that the provision of Article 8 of the Convention raises a particular concern for workers who, while not directly engaged in radiation work and thus not necessarily benefiting from monitoring programmes, special medical examination etc., may remain in, or pass through, areas where they may be exposed to ionizing radiations. The Committee therefore requests the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers.

4. Article 9. The Committee notes the Government’s indication that section 3 of the Basic Sanitary Rules of Work with Radioactive Substances and Other Sources of Ionizing Radiations (BSR-72/87) provides for the training and instruction requirements of workers engaged to radiation work. The Committee requests the Government to supply a copy of them for further examination.

5. Article 10. The Committee requests the Government to indicate the laws or regulations requiring the notification of work involving exposure of workers to ionizing radiations in the course of their work.

6. Article 12. The Committee notes section 36, subsection 1, of the Law of Ukraine on the Use of Nuclear Energy and on Radiation Safety, 1995, as amended, providing for preliminary and subsequent medical examination of workers assigned to carry out radiation work. The Committee requests the Government to indicate the nature of the medical examinations as well as their periodicity.

7. Article 13 (Emergency situations). The Committee notes with interest the provisions contained in paragraphs 7.7 to 7.48 of the Standards of Radiological Safety of Ukraine (SRS-97) defining the circumstances in which exceptional exposure may be tolerated (paragraph 7.11), and prescribing the various measures to be taken to ensure the protection of workers undertaking interventions (paragraphs 7.12 to 7.48). The Committee invites the Government to continue to supply information on any steps taken or envisaged to optimize the protection of workers during accidents and emergency work.

8. Article 14 (Alternative employment). With regard to the provision of alternative employment to workers who have accumulated a lifetime dose of ionizing radiation well before their retirement, the Government refers to the provisions of section 36 of the Law of Ukraine on the Use of Nuclear Energy and Radiation Safety, 1995, as amended, and to the provisions contained in the Sanitary Rules of Work with Radioactive Substances and Other Sources of Ionizing Radiations (BSR-72/87) and in the Safety Rules in the Course of Operation of Nuclear Power Plants (RRS NP-89). The Committee notes that section 36 of the Law of Ukraine on the Use of Nuclear Energy and Radiation Safety, 1995, as amended, only provides for medical examination of workers assigned to radiation work. However, since the texts of the BSR-72/87 and RRS NP-89 were not available to the Committee, it has not been possible to determine the extent to which the provisions contained in BSR-72/87 and RRS NP-89 would give effect to Article 14 of the Convention. The Committee accordingly requests the Government to communicate a copy of the above legislative texts for in-depth examination. In this respect, the Committee recalls again the indications given in paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention as well as the principles reflected in paragraph I.18 and V.27 of the International Basic Safety Standards. The Committee further requests the Government to indicate whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl Nuclear Power Plant.

9. Part V of the report form. In the light of the experiences collected from the Chernobyl accident and the number of legislative texts adopted since, the Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

10. Finally, the Committee would be grateful if the Government would supply a copy of all laws and regulations in force to give effect to the provisions of the Convention.