Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the Government’s report including information concerning the adoption of Order No. 1201/CM of 23 September 2002, establishing the form of the progress report on industrial doctors and Order No. 1756/CM of 20 December 2002, relating to the list of work requiring special medical monitoring. Referring to previous observations, the Committee notes with regret that no substantial changes have been introduced. Thus, it reiterates the points raised in its previous direct request, with read as follows:

In its previous comments the Committee took note of Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, fixing the specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiation.

The Committee noted that the dose limits set forth in section 5 of the Deliberation did not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on steps taken or envisaged in the light of current knowledge to amend dose limits for occupational exposure and to ensure effective protection of pregnant women.

The Committee also noted that under section 3 of the Deliberation exposed workers were defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth of the limit set for workers. With reference to Article 8 of the Convention which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances, the Committee requested the Government to indicate steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiation in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a revision of the labour legislation including on protection against ionizing radiation and that this process is expected to be finalized by the end of the first term of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the ICRP with respect to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose of ionizing radiation received from sources external to the body for workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances (Article 8), as well as with regard to limits for internal exposure to ionizing radiation (Article 6) of workers of nuclear radiology. Referring also to its 1992 general observation on the Convention the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

2. The Committee also notes that the Government indicates in its report that, during a tripartite meeting in June 2005, the social partners expressed the wish that measures be taken regarding better protection for employees from ionizing radiations, in particular with regard to medical care for employees during their professional careers and beyond, that the regulations be applied to public servants working in the health sector as well as the conditions regulating work carried out by employees at former nuclear testing sites. The Government is requested to indicate the measures taken or envisaged to address the issues raised by the social partners.

[The Government is asked to reply in detail to the present comments in 2006.]