Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the information provided by the Government in its report that the new draft Code to protect against ionizing radiation had not yet been finalized, that consultations on this subject matter are ongoing between the Ministries of Health, Environment and Labour, and that this Act will be transmitted as soon as it has been adopted. The Committee notes the information that the Centre for Radiation Protection has been upgraded to the level of General Directorate by virtue of Act No. 37 of 2007, which seems to indicate that increased attention is given to the question of radiation protection. The Committee also notes that the Government yet again refers to Recommendations, Circulars and other communications issued by the Radiation Protection Centre but that these communications were not made available to the Committee and that no further information was provided as to their legal status. Subject to the above, the Committee notes that no further relevant information has been provided regarding the application of the Convention. The Committee hopes that the referenced draft legislation will soon be finalized and reiterates its request that the Government transmits a copy of this legislation as soon as it has been adopted. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3(1), Article 5 and Article 6(2) of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17–19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13, subparagraph (a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

With reference to its previous comments, the Committee recalls that, under Article 2(1) of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

Finally, the Committee once again draws the Government’s attention to paragraphs 16–27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.