Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information supplied by the Government with regard to Articles 2 and 11 of the Convention. The Committee would draw the Government’s attention to the following points.

1. Article 1 of the Convention. Consultations with representatives of employers and workers on measures to be taken in application of the Convention. The Committee notes the Government’s indication that the Atomic Energy Authority (AEA) took the decision to amend the basic regulations in order to include further requirements related to radiation protection, which are not yet reflected in the Regulations on Ionizing Radiation Protection of the Atomic Energy Regulation No. 1 of 1999. The Committee further notes that the AEA, being the competent authority, "would take the necessary steps to include this provision in the regulations". Given the context of the Government’s indication, the Committee understands that the AEA intends to integrate in the above Regulations the requirement to hold consultations with the representatives of employers and workers on measures to be taken in application of the provisions of this Convention. The Committee nevertheless requests the Government to either confirm its understanding, or, to specify the kind of provision that would be included to the Regulations on Ionizing Radiation Protection of the Atomic Energy Regulation No. 1 of 1999.

2. Article 14. Alternative employment. The Committee notes the provision of article 4(D) of the Workmen’s Compensation Ordinance No. 19 of 1934, pursuant to which workers with temporary disablement, whether total or partial, resulting from an occupational injury, are entitled to a half-monthly payment during the period of disablement, but no longer than five years. To the Committee’s understanding, workers with temporary disablement are entitled to a benefit equivalent to half of his former salary. The Committee hence would draw the Government’s attention to paragraphs 32 and 33 of the Committee’s 1992 general observation under the Convention, where it is indicated that every effort must be made to provide the workers whose continued assignment to work involving exposure to ionizing radiations is contra-indicated for health reasons with suitable alternative employment or to maintain their income through social security measures or otherwise. This principle derives from the general provision of Article 3, paragraph 1, of the Convention, requiring that in the light of knowledge available at the time, all appropriate steps should be taken to ensure effective protection of workers, as regard their health and safety, against ionizing radiations. In the light of these indications, the Committee considers that the payment of benefits equivalent to half of the worker’s monthly salary for a period, which may not exceed five years, might not be compatible with the requirement to ensure effective protection of workers exposed to ionizing radiations in the course of their work due to the fact that the benefits to be paid under the above Ordinance of 1934 are limited in time, so that the worker concerned may be faced with the dilemma that protecting their health means losing their income. In this respect, the Committee, however, notes the indication of the Atomic Energy Authority (AEA) that it would request the Ministry of Labour "to find a possibility of imposing these requirements in its proposed regulations". The Committee accordingly hopes that the Government will take the necessary measures, in a near future, to provide workers, who have accumulated exposure beyond which an unacceptable risk of detriment to their health is to occur, with suitable alternative employment opportunities to ensure effective protection of them.

3. In its previous direct request, the Committee had noted the Government’s intention to prepare procedures and a code of practice dealing with interventions due to emergency situations. Given that the Government does not refer to this issue in its report, the Committee requests the Government to indicate whether action has been taken yet to proceed to the adoption of the above procedures and code of practice. It further requests the Government to keep the Office informed on every progress accomplished on the matter, and to supply a copy of the code of practice and related procedures once they have been issued.

4. Part V of the report form. Practical application. The Committee requests the Government to supply, with its next report, information on the manner in which the Convention is applied in the country, including, for example, extracts from the reports of the inspections services, and, if such statistics are available, information on the number of employed persons covered by the radiation protection legislation.