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

The Committee notes the information regarding the updating of the list of work that requires an increased medical surveillance by the adoption of Decree No. 126 CM of 8 February 2010 which abrogates and replaces Decree No. 1756 CM of 20 December 2002. The Committee also notes that the discussions undertaken in the technical committee with competence for the prevention of occupational risks concerning the improvements to be made to the regulations on exposure to ionizing radiations, which were pursued in 2009 together with Nuclear Safety Authority health officials. The Committee notes the stated purpose of these discussions is to improve the situation with respect to the declaration of ionizing sources, the effectiveness of dosimetric monitoring, to develop complementary regulations adapted to the conditions in French Polynesia and to harmonize law and practice in the work and health sectors and that the further objective is to prepare a draft for 2010 for submission to the Parliament of French Polynesia in 2011. With reference to the comments the Committee has been making since 1993, the Committee once again urges the Government to pursue its efforts to institute legislative changes to comply with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made. The Committee also feels bound to reiterate its previous comments, which read as follows:

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

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

The Committee also noted that, under section 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiations greater than one tenth of the annual 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 radiations or radioactive substances, the Committee requested the Government to indicate the 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 the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations 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 progressive revision of the labour legislation, including the provisions on protection against ionizing radiations, and that this process is expected to be finalized by the end of the first quarter of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) in relation 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 limits of ionizing radiations from sources external to the body for all 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 radiations or radioactive substances (Article 8), as well as the maximum permissible doses which may be taken into the body (Article 6) for workers directly engaged in radiation work. Also with reference 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 to give full effect to the Convention and which are in conformity with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. The Committee refers to the explanations provided in paragraphs 16–27 and 35(c) of its 1992 general observation on the Convention and to 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.

Provision of alternative employment. With reference to paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention and the principles set out in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated to ensure effective protection of workers who have received accumulated exposure beyond which they would run an unacceptable risk and who may thus be faced with the dilemma of having to choose between protecting their health or losing their job.

[The Government is asked to reply in detail to the present comments in 2011.]