Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 115) sur la protection contre les radiations, 1960 - Polynésie française

Autre commentaire sur C115

Observation

Demande directe

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General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 relating to the Convention, and particularly the request for information contained in paragraph 30.

Article 1 of the Convention. Legislation. Articles 6, 7 and 8. Maximum permissible doses. With reference to its previous comment, in which it noted two Bills, one relating to health and the other to labour, intended to give effect to Articles 6, 7 and 8 of the Convention, which were due to be adopted before the end of 2013, the Committee notes the Government’s indication in its report that the Bills have not been adopted due to the absence of the medical health inspector who was responsible for their coordination. However, the Government recognizes the need to bring the applicable legislation in French Polynesia into conformity with the terms of the Convention and indicates that draft legislation is still under preparation. In this regard, the Committee wishes to draw the Government’s attention to paragraphs 32–35 of its general observation of 2015 relating to current recommendations for maximum permissible dose limits. The Committee urges the Government to take the necessary measures to give effect in law and practice to Articles 6, 7 and 8 of the Convention, in light of the above paragraphs of the general observation of 2015, and to provide copies of any relevant legislation when it has been adopted.

Article 11. Appropriate monitoring of workers and places of work. In its previous comment, the Committee noted the provisions envisaged in the Bill respecting the monitoring of workers and places of work, and the recruitment of a medical inspector. It notes from the present report that the medical inspector is no longer in function, and that the Bureau Véritas, which has been approved to perform the controls required in this respect by sections Lp. 4432-1 and A. 4432-7 of the Labour Code, does not submit a report to the Labour Directorate, but only a list of the enterprises monitored. The Committee requests the Government to provide detailed information on the measures adopted, while awaiting the adoption of the Bill, to ensure appropriate monitoring of workers and places of work and to recruit a new medical inspector.

Articles 12 and 13. Medical examinations. The Committee notes the information provided by the Government in reply to its previous comment on the situations defined in the provisions of the Bill in which an occupational physician is required to establish a dosimetric assessment and an assessment of the effects of exposure. In this regard, the Committee draws the Government’s attention to the new dose limits set for the lens of the eye, as indicated in paragraph 32 of its general observation of 2015, namely a dose equivalent to 20 mSv per year, averaged over a defined period of five years, with no single year exceeding 50 mSv per year. The Committee requests the Government to take into account in the final wording of the provisions concerned the recommendations contained in the general observation of 2015.