Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s report and the relevant legislative texts attached, namely the Official Mexican Standard NOM‑012‑NUCL-2002 on requirements and calibration of ionizing radiation monitors, establishing the technical parameters and minimum infrastructure requirements for the calibration of instruments to measure ionizing radiations, and the Official Mexican Standard NOM-008-NUCL-2003 on radioactive contamination control, specifying the criteria under which controls have to be established to minimize the exposure of personnel who are occupationally exposed to surface and airborne radioactive contamination.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiations. The Committee notes the Government’s reference to section 79 of the Federal Occupational Safety, Health and Working Environment Regulations of 1997, by virtue of which work centres in which sources of ionizing radiations are produced, used, handled, stored or transported shall obtain the corresponding permits issued by the National Commission on Nuclear Safety and Security and that, for the purposes of occupational safety, health and the working environment, the employer shall keep registers recording, evaluating and controlling such radiations, under the terms and conditions specified by the applicable standards, irrespective of the provisions of other laws or regulations. Taking into consideration these general provisions, the Committee refers to its previous comments in which it noted the absence in the Official Mexican Standard NOM-012-STPS-1999 of dose limits for workers directly engaged in radiation work. It also noted the Government’s indication in its report in 2000 to the effect that draft general regulations on radiological security had been completed in 1999 incorporating the principles set out in the International Basic Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources of 1990, and that the draft regulations would be discussed among the institutions involved no later than the first half of 2001. In its most recent report, the Government indicates that new regulations on the subject have not been published and that consequently the text published in the Official Bulletin of the Federation on 22 November 1988 remains in force. Noting that the Official Mexican Standard NOM-012-STPS-1999 replaced the 1993 Standard and that, nevertheless, it does not establish dose limits for exposure for the various categories of workers, the Committee notes from the Government’s latest report that, in the context of the National Standardization Programme, a working group with specialists will commence the revision of the Official Mexican Standard NOM‑012-STPS-1999 during the period 2004-2005. According to the Government, during this overall revision to bring the standard up to date, the maximum permissible exposure limits for workers considered to be occupationally exposed will be taken into consideration. In this respect, the Committee trusts that the Government will not fail to incorporate the dose limits established by the International Commission on Radiological Protection (ICRP), as well as in its 1992 general observation, for the various categories of workers, as reflected in the International Basic Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources of 1990. It also trusts that the Government will once again reconsider the preparation of the new draft general regulations on radiological safety. The Committee requests the Government to provide a copy of the above texts once they have been adopted.

3. Accidents and cases of emergency. The Committee notes the information provided by the Government in its last report concerning a revision of the Official Mexican Standard NOM-012-STPS-1999 undertaken by a working group in the context of the National Standardization Programme. The Committee trusts that in the context of this overall revision account will be taken of the elements set out in paragraphs V.27 and V.30 of the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources and in paragraphs 23-27 and 35(c) of the Committee’s 1992 general observation on the Convention.

4. Alternative employment (Article 14). With reference to its previous comments, the Committee notes the Collective Labour Agreement 35/XXII concluded between the United Trade Unions of Workers in the Nuclear Industry and the National Institute of Nuclear Investigation, which focuses on the existence of possible effects from exposure to ionizing radiations and includes clauses on the prevention of the harmful effects of exposure, social protection and safety measures which are to be provided for workers. The Committee notes that the agreement places special emphasis on so-called “occupationally exposed” workers, who are obliged to undergo medical and clinical examinations every six months with a view to verifying compliance with the system of dose limits; in cases in which the workers concerned cannot continue the job which places them at risk, the establishment has to reassign them to a job that is compatible with their capacities, maintaining the wage corresponding to the job occupied at the time of exposure to the risk, without any reduction; and when the worker concerned cannot be reassigned, the provisions of the Occupational Risk Chapter of the Act respecting the Institute for Safety and Social Services of State Workers, as well as the provisions of the present agreement, are to be applied through the Safety and Health Committee. The Committee requests the Government to provide information in its next report on the effect given in practice to the provisions contained in the Collective Labour Agreement 35/XXII.

5. Article 15 and Part III of the report form. Inspection services responsible for supervising the application of the provisions of the Convention. The Committee notes with interest the information concerning the organization, powers, functions, etc. of the National Commission on Nuclear Safety and Security which, by virtue of the Legislative Regulations issued under Article 27 of the Constitution respecting nuclear matters, is empowered to conduct inspections, hearings, controls and verifications of radioactive and nuclear installations. It also notes the information on the qualifications and training required of members of the inspection services.

6. Part V of the report form. Application of the Convention in practice. The Committee notes that, during the period between 1 July 2000 and 31 May 2004, the National Commission on Nuclear Safety and Security undertook 1,716 inspections of enterprises, institutions and persons using sources of ionizing radiations. These inspections gave rise to 22 financial penalties, the ordering of security measures in 96 cases and, in 14 cases, the retention of sources of ionizing radiations. During the above period, there were 37 cases of emergencies involving sources of ionizing radiations, which were dealt with by the Radiological Emergency Organization of the National Commission on Nuclear Safety and Security. Most of the cases concerned the loss or theft of sources of ionizing radiations and accidental overexposure, which did not go beyond the statutory limits set out in the General Radiological Safety Regulations. The Committee requests the Government to provide with its next report extracts of inspection reports indicating the outcomes of the inspections referred to and recommendations to improve the situation and resolve existing problems. It further requests the Government to continue providing information on the application of the Convention in practice in the country.

7. The Committee notes the comments made by the Confederation of Chambers of Industry of the United States of Mexico, included in the Government’s report. The Confederation referred to its active participation in the National Advisory Commission on Occupational Safety and Health Standards for the formulation and revision of the Official Mexican Standards on the subject, and particularly NOM-012-STPS-1999. The Confederation indicates that this Standard contains various provisions relating to enterprises or institutions covered by the Standard, including protection measures for workers and maximum exposure times for persons carrying out activities in establishments in which ionizing radiations are emitted.