Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Legislation. The Committee notes the information that there have been no legislative changes which affect the application of the Convention and welcomes the helpful transmission of relevant up-to-date legislation. It also notes the information provided regarding effect given to Articles 7, 8, 11 and 12 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the response provided by the Government including a reference to the provisions in sections 4–6 of the Work Environment Act (17 June 2005, No. 62 (WEA)), requiring employers to take the necessary measures to enable workers with reduced capacity for work to keep or be given suitable work and the provisions requiring transfer in sections 5(7) (for workers with medical certificate) and 6 (for pregnant workers) of the Ordinance on work involving ionizing radiation. It also notes the reference made to section 1 of the Regulation of companies that shall be associated with occupational health services of 21 April 1994 No. 333, requiring certain companies to have occupational health services. In addition, the Committee notes the references made to the special provisions regarding pregnant workers according to section 6 in the above ordinance. The Committee considers that this information does not fully respond to the query regarding efforts made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable as noted in paragraph 32 of the 1992 general observation under the Convention. The Committee reiterates its request that the Government provide detailed information on the application of this Article in practice, in the light of paragraph 32 of the 1992 general observation on the application of this Convention.

Article 15. Inspection services. The Committee notes the information provided that inspections by the Norwegian Radiation Protection Authority (NRPA) are carried out both in onshore and offshore industries focusing on radiation protection of workers and that inspections are also carried out in universities and research institutes with a focus on radiation protection of workers and students. The Government reports that during 2008 and the first half of 2009 about 40 inspections were carried out in these sectors and that nearly one third of these inspections found contraventions, the typical being lack of valid authorization from the NRPA and lack of updated instructions or procedures. The Committee also notes the information that every year about ten accidents involving radiation sources in the industrial sector are reported to the NRPA. The typical accidents or incidents include crossing of barriers established during work with radiation sources, technical problems with the radiation sources and orphan radiation sources, but that none of the accidents or incidents in the last few years have resulted in personal doses above the annual dose limit of 20 mSv. The Committee welcomes this detailed information and invites the Government to continue its reporting on inspections carried out and the outcome thereof and on any measures taken to address the problems reported.

Part V of the report form. Application in practice. The Committee notes the information provided, including the guidelines on the application of the RPR, and that the NRPA and the labour inspection authorities cooperate on the basis of a written agreement. It also notes that this cooperation reportedly has, inter alia, triggered a launch of a five-year national strategy on radon exposure with the purpose of bringing the radon levels in all buildings and premises down to prescribed dose levels. With reference to this strategy, the Norwegian Confederation of Trade Unions (LO) notes the communication transmitted by the Government that it has made efforts in this context to remedy the lack of information on exposure to radon in underground workplaces and that the authorities responsible for occupational safety and health seemed to be lagging behind in taking concrete action in accordance with the strategy. The LO also express concern that due to lack of knowledge about the existence of radon in certain construction sites in geological areas and in underground workplaces there is a lack of monitoring of exposure on these sites. The Committee requests the Government to provide further information on the application of the Convention in practice, including on the national strategy on radon exposure in the light of, inter alia, the comments by the LO.