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

1. The Committee notes the information contained in the Government’s reports.

2. Article 1 of the Convention. Consultation with employers’ and workers’ representatives. The Committee notes that the Government in its response refers to the adoption of Law No. 19.825 amending Law No. 18.302 on nuclear safety. It also notes, once again, the Government’s indication that the Ministry of Health, being the competent authority in the field, has not provided information on the consultation carried out with employers’ and workers’ representatives to give effect to the provisions of the Convention. The Committee requests the Government, once again, to indicate the way in which employers’ and workers’ representatives are consulted on the measures to give effect to this Article of the Convention.

3. Article 3, paragraphs 1, 2 and 3(a) and (b) and Article 6, paragraphs 1 and 2. Effective protection of workers against ionizing radiations; revision of maximum permissible doses and amounts. With reference to its previous comments, the Committee recalls that according to section 98 of Decree No. 745 of 23 July 1992, read in conjunction with section 12 of Decree No. 3 of 3 January 1985, the current annual dose limit for the body of workers exposed to ionizing radiation is 5 rem (equivalent to 50 mSv) and for the eyes is 30 rem (equivalent to 300 mSv). With reference to the content of Article 3, paragraph 1, of the Convention, the Committee notes that to guarantee an effective protection to workers, the admissible maximum doses of ionizing radiation have to be reviewed constantly in the light of “knowledge available” and of “current knowledge”. As indicated in the Committee’s 1992 general observation, relevant information in this respect can be found in the recommendations adopted in 1990 by the International Commission on Radiological Protection (ICRP) contained in the publication International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources (IAE Security Collection, Series No. 115). In this respect, the Committee notes that the Government seems to indicate that the International Basic Safety Standards are being applied in the country. The Committee notes, however, that the maximum doses previously referred to are significantly higher than those recommended by the IAE, which recommends maximum annual doses of 20 mSv for the body and 15 mSv for the eyes. As a consequence, the Committee hopes that the Government will be able to inform the Committee, in the near future, of the adoption of new dose limits for workers directly exposed to ionizing radiations.

4. Article 5. Reduction of the exposure of workers to ionizing radiations to the lowest practicable level. The Committee recalls that in its previous comments it referred to section 2 of Law No. 15737 of 24 October 1964 which limits to six hours the daily working time for workers exposed to ionizing radiation at work and for those engaged in radiotherapy (section 1 of the Law) and to section 1 of Law No. 15778 of 30 October 1964 according to which these groups of workers should enjoy 30 working days of holidays in the summer and 15 working days of holidays in the winter and that it is only section 13 of Decree No. 3 of 3 January 1985 which aims explicitly at reducing to the lowest practicable level the exposure to ionizing radiations for a specific group of workers, that is, women. The Committee notes that the last report does not contain any information in this respect and reiterates its request to the Government to provide information on the measures adopted or envisaged with a view to reducing to the lowest practicable level the exposure of all workers to ionizing radiations and to avoid all unnecessary exposure.

5. Article 7, paragraph 1(a), read in conjunction with Article 3, paragraph 3. Measures to fix appropriate levels for certain categories of workers. The Committee pointed out in its previous comments that, according to the terms of section 12 of Decree No. 3 of 3 January 1985, the annual dose limit of ionizing radiation for workers directly exposed is 50 mSv. It recalls that the 1990 recommendations of the ICRP recommend an annual dose limit of 20 mSv for workers directly exposed to ionizing radiation and who are 18 years of age or over. The Committee notes the Government’s indication according to which pregnant women cannot receive occupational radiation doses higher than 0.5 rem (5 mSv) throughout the pregnancy. The Committee refers to the recommendations of the ICRP referred to in paragraph 13 of its 1992 general observation, according to which the unborn child should be protected from ionizing radiation by applying an equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv from the declaration of the pregnancy until its term. The Committee requests the Government to take measures so as to bring into conformity the current annual dose limits for the referred categories of workers and dose limits for pregnant women with those recommended by the ICRP in 1990.

6. Article 8 read in conjunction with Article 3. Admissible maximum doses of ionizing radiations for workers not directly involved with radiation. According to the indications contained in the Government’s last report, no special levels have been fixed for the cases treated under this Article of the Convention and that the standards applied are the same as those set for members of the general public. In this respect, the Committee draws the Government’s attention to paragraph 5.4.5 of the ILO code of practice, and to paragraph 14 of its 1992 general observation which fixes the annual dose limit for ionizing radiation at 1 mSv for this category of workers, its average being calculated over a five-year period. The Committee requests the Government to take the necessary measures to fix the appropriate levels for this category of worker.

7. Article 13(a). Duty to provide appropriate medical examination to workers exposed to radiation after an accident or in cases of emergency. In the context of medical examinations workers should benefit from after an accident or in emergency situations, the Government refers once again to the provisions of Act No. 16744. In this regard, the Committee noted in its previous comments that the provisions of this law aim only at prescribing preventive measures for professional risks. It noted that these provisions do not provide for measures in order to optimize the protection of workers in cases of accidents or emergency situations, in particular as regards the requirement to provide such workers with medical examinations. In consequence, the Committee requests the Government to take appropriate measures to ensure that workers affected could benefit from medical examinations in emergency situations in accordance with the Convention.

8. Article 13(b). Employers’ duty to notify the competent authority of any accident or anomaly. With reference to section 17 of Act No. 18302 of 2 May 1984, which provides that accidents or any anomaly in the functioning of undertakings or of nuclear devices should be communicated within 24 hours by the person noticing the anomaly to the Chilean Nuclear Energy Commission, the Committee requested the Government, in its previous comments, to indicate measures adopted or envisaged to prescribe such a duty for employers. As the Government’s last report did not contain any information in this regard, the Committee once again urges the Government to indicate the measures adopted or envisaged to prescribe that employers be required to notify the competent authority of any accident or anomaly.

9. Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general indication on the manner in which the Convention is applied in the country, including, for instance, extracts from inspection reports, statistical information on the number of workers covered by the legislation, the number and nature of registered infringements, the number and causes of registered accidents and the measures taken to solve those accidents, individual protective equipment provided to workers such as dosimeters, etc.