Radiation Protection Convention, 1960 (No. 115) - Portugal (RATIFICATION: 1994)

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Previous comments: C.45, C.115, C.120, C.127, C.139 direct request and observation, C.148, C.155 and its Protocol of 2002, C.162 direct request and observation, C.176, C.184 and C.187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 115 (radiation), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 162 (asbestos), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) and the General Workers’ Union (UGT) on Conventions Nos 115, 120, 127, 139, 148, 155, 162, 176, 184 and 187 and the observations of Confederation of Portuguese Business (CIP) on Conventions Nos 45, 155, 176 and 187.

Application of Conventions Nos 115, 120, 127, 139, 148, 155, 162, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes the comprehensive general and sectoral information provided by the Government in its reports regarding the application in practice of the OSH Conventions, including the number of inspection visits carried out, infringements detected, measures ordered to remedy the infringements and the number of occupational accidents and diseases reported from 2015 to 2021.

It also notes the information provided by the Government and the UGT on the National Strategy to Fight Cancer 2021–30, as well as on the awareness-raising campaigns carried out on protection against specific risks, such as the 2020–22 campaign on safe manual handling of loads to prevent musculoskeletal disorders.

Moreover, it notes the observations of the CGTP-IN and the UGT on the application in practice of Convention No. 120, alleging that musculoskeletal injuries are very frequent in the commerce and office sectors due to non-ergonomic workstations, as well as the observations of the UGT on the application of Convention No. 127, alleging an increase of musculoskeletal injuries due to manual handling of loads. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed. It requests the Government to provide further information on the measures taken to: (i) implement Article 11 of Convention No. 120 on the arrangement of workstations; and (ii) ensure that no worker is permitted to engage in the manual transport of a load which is likely to jeopardise the worker’s health and safety, in accordance with Convention No. 127.

• General provisions

Occupational Safety and Health Convention, 1981 (No. 155), Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Articles 4 and 9 of Convention No. 155 and Articles 3 and 4(2)(c) of Convention No. 187. Enforcement system. 1. Adequate inspection strategy as part of the national OSH policy. Following its previous comments, the Committee notes the observations of the CGTP-IN and the UGT alleging that the deficiencies in the functioning of the Working Conditions Authority (ACT), which is the main body responsible for the implementation of the OSH strategies, do not allow for the achievement of the established objectives. The Committee once again requests the Government to provide information on the measures taken, in consultation with the most representative organizations of employers and workers, to ensure the effective enforcement of the legal provisions concerning OSH and the working environment.

2. Enforcement of laws and regulations concerning OSH and the working environment in the public sector. Further to its previous comment, the Committee notes the information provided by the Government on the amendments introduced to the General Law on Employment in Public Functions No. 35 of 2014 by Law No. 79 of 2019, whereby liability for non-compliance with the OSH rules set forth in the Labour Code (Law No. 7 of 2009) and complementary legislation is extended to public employers (section 16-E (1)) and the corresponding penalties are established (section 16-F). It also notes the information provided on the activities of the labour inspection services regarding OSH in the public sector from 2016 to 2021, including: (i) an increase in the number of inspection visits carried out (from 398 in 2016 to 606 in 2021); (ii) the number of infringements identified; and (iii) the number of orders issued, including orders for the suspension of work activities. The Committee notes this information, which responds to its previous comment.

Article 7 of Convention No. 155. Review of the situation regarding OSH and the working environment of the public security police. The Committee notes with regret that the Government has not provided any information on the measures taken to ensure the review of the situation regarding OSH and the working environment of the public security police. The Committee once again requests the Government to provide information on the measures taken to ensure the review, at appropriate intervals, of the situation regarding OSH and the working environment of the public security police, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action and evaluating results.

Articles 8, 16 and 20 of Convention No. 155. Laws and regulations giving effect to the national policy on OSH, responsibilities of employers and cooperation at the level of the undertaking. Further to its previous comment, the Committee notes that the OSH Law No. 102 of 2009, as amended, provides for (i) the obligation to consult workers and their representatives on measures taken by the employer to ensure OSH at the national and workplace levels (sections 8(1) and 18(1)); (ii) the employers’ responsibilities for workers’ safety and health in relation to workplaces, machinery, equipment and processes (section 15(2)(c)), chemical, physical and biological substances and agents (section 15(2)(f)), the provision of protective clothing and equipment (section 15(10)), as well as for (iii) cooperation between management and workers and their representatives in the undertaking (section 6(4)).

The Committee notes that the CGTP-IN reiterates its view that the amendments made to the OSH Law No. 102 of 2009, by Law No. 3 of 2014 weakened the protection of workers with respect to employers’ obligations on OSH. The Committee requests the Government to provide its comments in this respect.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. Further to its previous comment, the Committee notes the Government’s indications that (i) the study on the feasibility of ratification of the Occupational Health Services Convention, 1985 (No. 161) has resumed after suspension during the COVID-19 pandemic; and (ii) further consultations with the social partners are being undertaken to update this study. The Committee requests the Government to continue to provide information on the consideration of measures that could be taken to ratify relevant OSH Conventions, including the progress made towards consideration of ratification of Convention No. 161 and the consultations held in this respect.

Article 4(3)(h) of Convention No. 187. Support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. Further to its previous comment, the Committee notes the Government’s indications regarding the publication of tools on the ACT website to encourage small and medium-sized enterprises to assess OSH risks, and the development of OSH campaigns, including the dissemination of various information materials. The Committee requests the Government to continue to provide information on the support mechanisms established for a progressive improvement of OSH conditions in micro, small and medium-sized enterprises, as well as in the informal economy.

Article 5(1)(2) of Convention No. 187. Implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements. Further to its previous comment, the Committee notes the information provided by the Government on the results achieved under the National Occupational Health Programme 2018–20 (PNSOC 2018–20), including (i) the registration and analysis of notifications of biological risks; (ii) the issuance of licences for the practice of occupational medicine to duly trained professionals; (iii) the establishment of expert groups for the assessment of risks arising from carcinogenic agents; (iv) the provision of technical assistance for the drafting and revision of OSH legislation; (v) the development of seminars on protocols for monitoring workers’ health in relation to specific risks; and (vi) the establishment of recommendations on good OSH practices in the workplace, in close coordination with trade unions and professional associations.

The Government further indicates that the development of a model for the health surveillance of workers through the units of the National Health Service, foreseen in the PNSOC 2018–20, is pending. In this respect, the Committee notes the observations of the UGT alleging that (i) section 76 of the OSH Law No. 102 of 2009 on the obligation to carry out health surveillance of various categories of workers is not complied with in practice, and (ii) the lack of a national preventative safety and health culture is evidenced by the high rates of occupational accidents and diseases in the country. While noting that the Government does not provide information on the national OSH programme currently being implemented, the Committee requests the Government to provide information on the measures taken for the formulation, in consultation with employers’ and workers’ organizations, of subsequent national programmes in accordance with the requirements of Article 5(1) and (2). It also requests the Government to indicate how the evaluation conducted of the PNSOC 2018–20 contributes to the formulation of subsequent programmes, in particular on the progress made towards the development of a model for the surveillance of workers’ health through the units of the National Health Service.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention.Legislation giving effect to various provisions of the Convention. In response to its previous comment, the Committee notes that the Government indicates that Decree Law No. 222 of 2009 was repealed by Decree Law No. 108 of 2018, which establishes the legal framework for radiation protection. In this respect, the Committee notes that Decree-Law No. 108 of 2018 designates the Portuguese Environmental Authority as the competent authority responsible for ensuring a high level of radiation protection (section 12); for individual monitoring (section 74); and for training (sections 55(2)(a)(c) and 64).

With respect to the request for information on paragraph 30 of the Committee’s 2015 General Observation under this Convention, the Committee notes the information provided by the Government on (i) the dose limits set out in Decree-Law No. 108 of 2018 for occupational exposure (section 67), for pregnant and breastfeeding workers (section 69); for persons between 16 and 18 years of age (section 68); and for occupational exposure during an emergency (section 128), which are consistent with the dose limits set out in the 2015 General Observation; (ii) the provision for radiological surveillance of workplaces (sections 78 and 81); and (iii) the provision for individual dose records (sections 75 and 76).

Article 12. Medical examinations. Further to its previous comment, the Committee notes that the Government indicates that, under Decree-Law No. 108 of 2018, the health surveillance of workers exposed to ionizing radiation includes an entry examination to determine the worker’s suitability for the functions to be performed, periodic examinations to determine whether workers are still medically fit to perform their functions (section 85(4)), as well as complementary examinations when the occupational health service deems it necessary for the purpose of health protection (section 89(1)). The Committee notes this information, which responds to its previous comment.

Maximum Weight Convention, 1967 (No. 127)

The Committee notes the information provided by the Government on Article 7 of the Convention, which responds to its previous request.

Articles 3 and 5 of the Convention. Maximum weight of loads transported manually by a worker. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. In reply to its previous comment, the Committee notes that the Government indicates that adequate training must be provided to workers exposed to the risks associated with the manual handling of loads under section 282(3) of the Labour Code, section 20(1) of the OSH Law No. 102 of 2009 and section 8(2) of Decree Law No. 330 of 1993 on the minimum safety and health requirements for manual handling of loads. It further notes that under Decree Law No. 330 of 1993: (i) the employer shall use appropriate means, including mechanical equipment, to prevent the manual handling of loads by workers and, where manual handling of loads cannot be avoided, the employer shall take appropriate measures to ensure that such handling is as safe as possible (section 4); (ii) the employer shall assess the risks posed by the manual handling of loads to the safety and health of workers and take the necessary corrective measures in this regard (sections 5 and 6). The Committee notes this information, which responds to its previous comment.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Limitation of duration of exposure. Further to its previous comment, the Committee notes the Government’s indications that under Decree Law No. 301 of 2000, which regulates the protection of workers against risks related to exposure to carcinogens or mutagens at work, as amended up to 2020: (i) the employer shall ensure that the exposure of each worker to carcinogens is not continuous and is limited to what is strictly necessary; and (ii) in activities where it is no longer possible to apply additional technical preventive measures to limit exposure, in particular maintenance, the employer must consult workers and their representatives so that the necessary measures are taken to reduce workers’ exposure to a minimum and ensure their protection during the performance of these activities (section 10). The Committee requests the Government to continue to provide information on the measures taken, in consultation with workers and their representatives, to ensure that the duration of workers’ exposure to carcinogenic substances or agents is reduced to the minimum compatible with their safety and health.

Articles 3 and 5. Appropriate system of records and medical examinations necessary to evaluate exposure and supervise the state of health in relation to occupational hazards. In response to its previous comment, the Committee notes with interest the information provided by the Government on the amendment of Decree Law No. 301 of 2000 by Decree Law No. 35 of 2020, which now provides for the obligation of the occupational health service to (i) carry out an occasional medical examination of the worker in situations where exposure to a carcinogen ceases due to termination of professional activity in the undertaking, including retirement, and (ii) transfer the worker’s medical records to the corresponding physician, which allows the occupational health service to continue to monitor the worker’s health, where applicable (section 12(10)). It also notes that Technical Guide No. 2 of 2018 on “Health surveillance of workers exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction” sets out the instructions for carrying out medical examinations after cessation of professional activity involving exposure to carcinogens (point 7.2.2). The Committee further notes the Government’s indications that under Decree Law No. 301 of 2000, employers should organise data records and keep up-to-date files on reported and confirmed cases of occupational diseases (section 16(d)) and that these records must be kept for at least 40 years after the workers’ exposure to carcinogens has ceased (section 17(1)). The Committee requests the Government to pursue its efforts to ensure the implementation in practice of section 12(10) of Decree Law No. 301 of 2000. The Committee also requests the Government to provide information on the number of cases of occupational diseases caused by exposure to carcinogenic substances or agents recorded by year and sector of economic activity.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(1) of the Convention. Legislation on the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. Further to its previous comment, the Committee notes the information provided by the Government on the amendments made to Law No. 37 of 2007 on the protection of citizens from involuntary exposure to tobacco smoke by Law No. 63 of 2017, in order to introduce a ban on smoking in workplaces (section 4(b)), establish the employer’s obligation to monitor the air quality of workplaces (section 20(a)), stipulate the corresponding sanctions (section 25) and the entity responsible for inspection (section 28(1)). The Committee takes note of this information.

Article 8(1) and (3). Criteria and exposure limits and regular revision of criteria. Further to its previous comment, the Committee notes the information provided by the Government on air pollution exposure limits, including various air contaminants. The Committee notes this information, which responds to its previous comment.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes that the CGTP-IN reiterates that research in the field of prevention is not conducted with regard to air pollution, noise and vibration hazards. The Committee requests the Government to provide information on the measures taken or envisaged, in consideration of national conditions and resources, to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government, in response to its previous request on the measures taken to implement Article 14 of the Convention on the responsibility of manufacturers for the labelling of products containing asbestos.

Articles 1, 15 and 17 of the Convention. Scope of application and exposure to asbestos dust. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of Law No. 63 of 2018 on the elimination of products containing asbestos fibres still present in buildings, installations and equipment. It notes that, under this Law: (i) the ACT, in collaboration with representative workers’ organizations and employers’ associations, shall draw up a plan for the identification of enterprises whose buildings, installations and equipment contain asbestos-containing materials (section 3(1)); and (ii) the removal of products containing asbestos fibres in buildings, installations and equipment shall comply with the established safety standards (section 4).

It also notes the information provided by the Government on the implementation of the asbestos removal programme in public and private institutions (section 174 of Law No. 24-D of 2022); the training provided regarding construction and demolition works containing asbestos; the joint inspection actions carried out on asbestos removal works; and the awareness-raising activities developed on asbestos removal processes. Noting an absence of information in response to its previous request, the Committee once again requests the Government to provide information on the application in law and in practice of the Convention in relation to workers who are exposed to asbestos in the workplace, even if they do not work directly with the substance.

Article 6(3). Consultation with the health services in preparing emergency procedures. Further to its previous comment, the Committee notes that the Government indicates that under the OSH Law No. 102 of 2009, the employer shall: (i) consult the workers’ representatives for safety and health on the measures to be taken in emergency situations (section 18(1)(b)); and (ii) prepare internal emergency plans, including specific plans for firefighting, evacuation of premises and first aid, in cooperation with the OSH services (sections 73(1) and 73b(1)(d)). It also notes the prevention and control measures in case of accidents, incidents and emergencies due to exposure to asbestos provided for in Ordinance No. 40 of 2014 (section 11(4) and Annex), as well as the indications on emergency measures and requirements for consultation with workers’ representatives contained in the Technical Guide No. 2 of 2018 on “Health surveillance of workers exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction”. The Committee notes this information, which responds to its previous comment.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. Further to its previous comment, the Committee notes that the Government indicates that under Decree Law No. 301 of 2000, as amended by Decree Law No. 35 of 2020, employers are required to assess the risk to the safety and health of workers in activities that may present a risk of exposure to carcinogens, including the determination of the concentration of the carcinogen or mutagen in the workplace atmosphere; and that this risk assessment must be repeated every three months when changes in working conditions occur, the occupational exposure limit value is exceeded or the result of health surveillance justifies the need for a new assessment (section 4(1)). Employers are also required to ensure the health surveillance of workers for whom the result of the assessment reveals the existence of risks (section 12(1)). The Committee notes this information, which responds to its previous comment.

Article 21(5). Notification of occupational diseases caused by asbestos. Further to its previous comments, the Committee notes the information provided by the Government on the system of notification of occupational diseases caused by asbestos established under Law No. 98 of 2009 regulating the system of compensation for occupational accidents and diseases, as amended by Law No. 83 of 2021.

It notes that under this Law, doctors shall report all clinical cases in which an occupational disease is presumed to exist to the department responsible for protection against occupational risks within eight days of the date of diagnosis or presumption of the existence of an occupational disease (section 142(1) and (3)), and that the competent service for protection against occupational risks must notify confirmed cases of occupational diseases to the employer and the competent authorities (section 143(1). The Government adds that by virtue of section 4(5) of the General Labour Law in Public Functions of 2014, the system of notification of occupational diseases set out in sections 142 and 143 of Law No. 98 of 2009 is applicable to workers in the public sector. The Committee further notes that the CGTP-IN reiterates its observations with regard to the under-reporting of occupational diseases related to asbestos exposure. The Committee requests the Government to provide its comments in this respect. Moreover, with reference to its comments on the application of Article 11(e) of the Occupational Safety and Health Convention, 1981 (No. 155), Article 3 of its Protocol of 2002 and 4(3)(f) of Convention No.187, the Committee requests the Government to continue to provide information on the measures taken to ensure the functioning of the system of notification of occupational diseases caused by asbestos.

• Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government which responds to its previous requests concerning Articles 7(i) and 8 on evacuation of workers and emergency response plans, Article 10(c) on system whereby the names and location of persons underground can be known, Article13(1)(e) on the right of workers to remove themselves from any dangerous location, Article 13(1)(f) on the right of workers to collectively select safety and health representatives and Article 13(2)(b), (c), (e) and (f) on rights of safety and health representatives in mines.

Articles 5(1) and 16(b). Competent authority responsible for monitoring and regulating the various aspects of safety and health in mines. Further to its previous comment, the Committee notes that the Government indicates that (i) by virtue of Decree Law No. 30 of 2021, the ACT now intervenes in the approval of health and safety plans for mining concessions (section 29(1)(n)); (ii) under the General Regulations on Safety and Hygiene at Work in Mines and Quarries, Decree Law No. 162 of 1990, both the DGEG and the ACT may demand the stoppage of work activities, if necessary; and the resumption of work requires the authorization of both authorities (section 181); and (iii) the DGEG and the ACT continue to develop actions under the cooperation agreement between these entities signed in 2010. The Committee requests the Government to continue to provide information on the coordination and cooperation activities carried out between the DGEG and the ACT with regard to the regulation and control of the various aspects of safety and health in mines, including the actions undertaken in the framework of the cooperation agreement signed between the two authorities.

Article 7(c). Measures to maintain ground stability. Further to its previous comment, the Committee notes that the Government indicates that (i) measures for ground stability and safe access for workers are included in the safety and health plan for mining and quarrying concessions; (ii) whenever situations considered dangerous occur, the DGEG requires the implementation of measures to restore safe conditions, including the partial or total suspension of work, and/or the presentation of studies proving the stability and safety of the ground; (iii) the DGEG has intensified inspection actions to ensure ground stability; and (iv) under the Resolution of the Council of Ministers No. 50 of 2019, approving the intervention plan for quarries in critical situations, the quarries that presented risk situations have been classified into three categories of high, moderate and reduced, and measures have been established to restore safety conditions. The Government adds that by the end of 2021, 94 per cent of the quarries had complied with the measures prescribed and that measures to ensure safety conditions in the remaining 6 per cent of quarries had been implemented directly under the coordination and monitoring of the DGEG. While noting the information provided by the Government on the measures taken to ensure ground stability, the Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that employers have a legal obligation to take steps to maintain ground stability in areas to which persons have access in the context of their work.

Article 10(a). Training and instruction of miners. Further to its previous comment, the Committee notes the Government’s indications that (i) in accordance with sections 15(4) and (5), 20 and 79(b) of OSH Law No. 102 of 2009, adequate OSH training is provided to workers taking into account high-risk activities such as mining, including the handling of explosive substances and cables in extraction and washing shafts; (ii) business associations in the mining sector provide regular OSH training sessions and organize awareness sessions on the importance of safeguarding safety, hygiene and health in mines; and (iii) this training is provided to workers of mining companies as part of their annual training programs, at no cost. The Committee requests the Government to continue to provide information on the measures taken to ensure that employers in the mining sector provide, at no cost to workers, training and instructions on safety and health in mines and on the work assigned to workers.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in response to its previous requests on the measures to give effect to Article 13(2) on preventive and protective measures for the use of chemicals and the management of chemical waste, Article 16, on young workers and Article 19 on welfare and accommodation facilities.

Article 4(1) and (2)(c) of the Convention. Coherent national policy on safety and health in agriculture. Inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. With reference to its previous comment, the Committee notes that the Government indicates that the national OSH policy, based mainly on the Labour Code and the OSH Law No. 102 of 2009, has as its main objective the prevention of occupational accidents, through the identification, assessment and control of occupational risks associated with all work-related aspects (section 15(2) of the OSH Law No. 102 of 2009), including the risks posed by physical, chemical and biological agents present in the material components of work in the agricultural sector.

In this respect, the Government indicates that within the framework of the National OSH Strategy 2015-2020, the following results were achieved: (i) the establishment of forums in the agricultural sector to analyse accidents, identify specific needs and adopt specific measures targeting this sector; (ii) the provision of tools to support OSH risk assessments in agriculture; (iii) the development of OSH training on protection against specific risks in agriculture; and (iv) the development and dissemination of information on employers’ OSH obligations in the agricultural and forestry sector and occupational risks in the use of tractors and chainsaws, including the practical guide on Occupational Health and Safety in the Agroforestry Sector.

Concerning intersectoral coordination between the competent authorities and bodies for the agricultural sector, the Government indicates that the Ministries of Labour and Health define and coordinate OSH policies in agriculture and ensure the application of legislation and promotional measures through the services of the State Administration, including the ACT, thus guaranteeing an integrated and coherent vision. The Government adds that the ACT applies a sectoral methodology that has allowed the identification and development of strategies to integrate occupational risk prevention in the agricultural sector and the promotion of campaigns to improve working conditions with the participation of the social partners.

The Committee further notes the observations of UGT, indicating that during the period from 2020 to 2022, 54 workers have lost their lives in the agricultural sector. The Committee requests the Government to strengthen its efforts towards the prevention of accidents and injury to health arising out of, linked with, or occurring in the course of work, through the elimination, minimization or control of risks in the agricultural working environment. It requests the Government to continue to provide information on the implementation and periodic review, in consultation with the representative organizations of employers and workers concerned, of a coherent national policy on safety and health in agriculture.

Article 5. Labour inspection services in agriculture. With reference to its previous comment, the Committee notes that the Government indicates that (i) between 2014 and 2021, labour inspectors received annual training on OSH rules in agriculture, temporary work and undeclared work; (ii) the number of labour inspectors has increased from 343 in 2013 to 457 in 2022; and (iii) the ACT information system and vehicle fleet have been renewed. The Committee refers to its comment under the Labour Inspection (Agriculture) Convention, 1969 (No. 129) on Articles 6(1)(a) and (b) and 21 concerning inspection activities in the agricultural sector.

Article 7(b). Adequate and appropriate training and comprehensible instructions on safety and health. The Committee notes the observations of the CGTP-IN alleging that migrant workers in the agricultural sector do not receive training taking into account their linguistic differences. The Committee requests the Government to indicate how it ensures that migrant workers in agriculture receive adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance or supervision, including information on the hazards and risks associated with their work and the action to be taken for their protection, taking into account their level of education and differences in language.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of Decree Law No. 102-D of 2020 establishing the general waste management regime. In this respect, it notes the measures stipulated for the prevention and management of hazardous waste contained in sections 26(1), 57 and 58 of this Decree Law. The Committee notes this information, which responds to its previous comment.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee once again requests the Government to indicate the national laws, regulations and safety and health requirements that regulate the construction, maintenance and repairing of agricultural installations.

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The Committee notes the observations made by the General Union of Workers (UGT), received on 22 December 2014. The committee notes that according to the UGT, a series of specific measures are required to improve radiological protection in facilities of the health sector, namely undertaking a global review of the legal framework to address the fragmentation of the legislation and the difficulties of its effective implementation, the establishment of an independent regulatory authority to address the current distribution of the legal responsibilities among different entities, and the improvement of monitoring activities and training. The Committee requests the Government to provide its comments with respect to the observations made by the UGT.

The Committee also notes the information provided by the Government in its report, in reply to its previous request, concerning the effect given to Article 8 of the Convention on the dose limits for workers not directly engaged in radiation work and Article 14 on the offer of alternative employment to workers who can no longer perform work involving exposure to ionizing radiations.

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 1 and 12 of the Convention. Medical examinations. Type and frequency of medical examinations. Legislation. In its previous comment, the Committee noted that section 13 of legislative Decree No. 222/2008 regulated the question of medical examinations. It further noted paragraph 1 of this section which provides that the health surveillance of workers exposed to radiation should be carried out by specialized services approved by the Directorate General of Health based on criteria to be published in an order. The Committee requests the Government to provide information on regulations published in application of section 13.1 of legislative Decree No. 222/2008.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Medical examinations. Type and frequency of medical examinations. The Committee notes that section 13 of legislative Decree No. 222/2008, to which reference was made in its observation, regulates this question. Noting that paragraph 1 of this section of the Decree not only regulates employers’ responsibilities in this respect but also provides for the possibility to attribute responsibility to certain specialized institutions to monitor the health of workers exposed to radiation based on criteria to be established by decree, the Committee requests the Government to provide information on all relevant laws and regulations in this respect as well as their application in practice, and to indicate the frequency of medical examinations.

Article 8. Workers not directly engaged in radiation work but who remain in or pass where they may be exposed to ionizing radiation. The Committee requests the Government to provide information regarding the dose limits determined in application of Article 6 for the workers covered by this Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Recalling paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, which recommends establishing the possibility of alternative employment or social security measures for all workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, the Committee requests the Government to provide information on the measures taken to allow workers to maintain their income through alternative employment or social security measures, when exposure, for medical reasons, is inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to indicate the manner in which the Convention is applied in the country, including information on the number of workers covered as well as on the activities of the labour inspectorate in this sector.

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Further to its observation the Committee requests the Government to provide further information on the following issues.

Article 1 of the Convention. Medical examinations. Type and frequency of medical examinations. The Committee notes that section 13 of legislative Decree No. 222/2008, to which reference was made in its observation, regulates this question. Noting that paragraph 1 of this section of the Decree not only regulates employers’ responsibilities in this respect but also provides for the possibility to attribute responsibility to certain specialized institutions to monitor the health of workers exposed to radiation based on criteria to be established by decree, the Committee requests the Government to provide information on all relevant laws and regulations in this respect as well as their application in practice, and to indicate the frequency of medical examinations.

Article 8. Workers not directly engaged in radiation work but who remain in or pass where they may be exposed to ionizing radiation. The Committee requests the Government to provide information regarding the dose limits determined in application of Article 6 for the workers covered by this Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Recalling paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, which recommends establishing the possibility of alternative employment or social security measures for all workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, the Committee requests the Government to provide information on the measures taken to allow workers to maintain their income through alternative employment or social security measures, when exposure, for medical reasons, is inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to indicate the manner in which the Convention is applied in the country, including information on the number of workers covered as well as on the activities of the labour inspectorate in this sector.

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Legislation. The Committee notes with satisfaction that Legislative Decree No. 222/2008 of 17 November 2008 gives effect to Articles 7(1) and (2) and 8 of the Convention and which establishes the maximum permissible doses of ionizing radiations which are in conformity with the exposure limits recommended by the International Commission on Radiological Protection (ICRP) to which the Committee referred in its 1992 general observation on the Convention; that this Decree repeals section 31 of Regulatory Decree No. 9-90 as requested by the Committee for several years, and that Legislative Decree No. 227/2008 of 25 November 2008 regulates the training of future specialists in the protection against ionizing radiations. The Committee also notes that the Government has included observations by the General Workers’ Union (UGT) which state that the abovementioned Decree No. 227/2008 is essential to fill gaps in training of specialists in the protection against ionizing radiations.

The Committee is raising other points in a request addressed directly to the Government.

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1. The Committee notes the Government’s report and the transposition of Council Directive No. 96/29/Euratom into national legislation through Legislative Decree No. 165/2002 of 17 July, as well as Legislative Decrees Nos. 167/2002 of 17 July, 174/2002 of 25 July and 180/2002 of 8 August. The Committee also notes Legislative Decree No. 99/2003 of 27 August, which approves the Labour Code and the observations submitted by the General Confederation of Portuguese Workers (CGTP) and the Government’s reply thereto.

2. Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes with satisfaction that Legislative Decree No. 165/2002 of 17 July provides protection for all workers involved in activities involving exposure to ionizing radiation in the course of their work in conformity with this provision of the Convention.

3. Article 3, paragraph 1, and Article 6, paragraph 2. Annual dose limits. The Committee notes, as also observed by the CGTP, that the legislative changes introduced as a result of the transposition into domestic legislation of Council Directive No. 96/29/Euratom have not affected the different dose limits for the various categories of workers provided in section 31 of Legislative Decree No. 9/90 of 19 April and its Annex IV. The prescribed dose limits for exposure have thus not been brought into conformity with the Convention and the most recent recommendations adopted in 1990 by the International Commission on Radiological Protection (ICRP) and developed under the auspices of the IAEA, the ILO and the WHO and three other international organizations (ICRP 1990) which are contained in the 1994 publication International Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources. As further detailed below, the Committee reiterates its request to the Government to take the necessary measures in order to align current dose limits to those contained in the ICRP 1990 recommendations. The Committee would also like to remind the Government that the dose limits set forth in the national legislation should be kept under constant review in the light of current knowledge.

4. Article 7, paragraph 1(a). Workers directly engaged in radiation work aged 18 and over.  The Committee notes that Annex IV(A) to section 31 of Legislative Decree No. 9/90 of 19 April fixes the dose limit for this category of workers at 50 mSv which is 2.5 times higher than the average dose limit of 20 mSv per year recommended by the ICRP 1990. Furthermore, as regards pregnant and nursing women, the Committee notes that the new Labour Code adopted in 2003, in particular section 49, replaces Legislative Decree No. 229/96 of 26 July concerning the protection of safety and health of this category of workers and that thereby the general prohibition against exposure of pregnant and nursing women to ionizing radiation was replaced with provisions prohibiting exposure of pregnant and nursing women to agents and substances that may entail a risk to their health or safety. As noted above, the detailed provisions concerning annual dose limits for different categories of workers including those in Annex IV, item 3, for pregnant women, have not been amended. The Committee notes with concern that as a result pregnant women, from the time of conception until the time of birth, risk being exposed to dose limits ten times higher than that of 1 mSv fixed by the ICRP 1990. The Committee requests the Government to take the necessary measures to align current dose limits to those contained in the ICRP recommendation of 1990.

5. Article 7, paragraph 1(b). Apprentices aged between 16 and 18. The Committee notes that Annex IV(B), item 1, to section 31 of Legislative Decree No. 9/90 of 19 April, provides that the annual dose for workers aged between 16 and 18 who are working as apprentices, students or trainees is three-tenths of the annual dose limits established for workers directly engaged in radiation work, i.e. 15 mSv compared to the ICRP 1990 recommendation of 6 mSv per year. The Committee therefore requests the Government to take the necessary measures to change the current dose limit for this category of workers.

6. Article 7, paragraph 2. Minors under the age of 16. The Committee observes that the provisions of Legislative Decree No. 107/2001, revising inter alia, Legislative Decree No. 715/93 concerning minors, prohibits engaging workers under the age of 16 in work involving a risk of exposure to ionizing radiations, among other physical agents (section 1 and Annex 1.1 of Legislative Decree No. 107/2001). With reference to its previous comment on this issue, the Committee notes, however, that in contradiction with this prohibition, Annex IV(B), item 2, to section 31 of Legislative Decree No. 9/90 of 19 April, still prescribes a specific dose limit for minors under 16. The Committee therefore requests the Government to take the necessary measures in order to remedy the existing contradiction so as to give effect to this provision of the Convention.

7. Article 8. Dose limit for the general public. The Committee also notes that Annex IV(c), item 1, to section 31 of Legislative Decree No. 9/90 of 19 April, fixes the annual dose limit for the general public at 5 mSv, which is not in conformity with the annual dose limit of 1 mSv recommended by the ICRP 1990. It therefore requests the Government to take the necessary measures to establish limits in accordance with those fixed by the ICRP recommendations of 1990.

8. Article 12. Nature and frequency of medical examinations. The Committee notes that the Government’s reply to the Committee’s comments on this issue contains no new information regarding the frequency and the nature of the medical examinations of workers directly exposed to ionizing radiations are required to undergo pursuant to Regulatory Decree No. 9/90. With reference to the provisions in Article 12, the Committee therefore requests the Government to provide additional information on how the relevant provisions in Regulatory Decree No. 9/90 are applied in practice.

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The Committee notes the Government’s reports. It draws the Government’s attention to the following points requiring additional measures to be taken.

1. Article 2, paragraph 1, of the Convention. The Committee notes that pursuant to section 1, paragraph 2 of Legislative Decree No. 348/89 and section 1 of Regulatory Decree No. 9/90 prescribing their scope of application, all activities involving exposure of workers to ionizing radiations are covered by the legislation. It notes however the Government’s indication that crews of aircraft, workers in caves and hot springs, and miners (except those working in uranium mines) are not covered by the legislation, but that new legislation is to be prepared to transpose Council Directive 92/29/Euratom into domestic law. The Committee therefore requests the Government to indicate whether the new legislation will also cover the workers currently excluded and to indicate the current state of the legislation process.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes that section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV sets out the different dose limits for the various categories of workers. With regard to workers directly engaged to radiation work, Annex IV(A) establishes an annual dose limit of 50 mSv. The Committee recalls to the Government that the annual dose limit adopted in 1990 by the International Commission on Radiological Protection (ICRP) is 20 mSv. The Committee however notes that the dose limits fixed for the lens of the eye and the skin are in conformity with the values recommended by the ICRP. The Committee accordingly requests the Government to take the necessary measures in order to align current dose limits to those recommended by the ICRP and thus to give effect to this provision of the Convention, in the framework of the transposition of Council Directive 92/29/Euratom of 13 May 1996 into domestic law which reflects the dose limits fixed by the ICRP in 1990. It further reminds the Government that the dose limits set forth in the national legislation should be kept under constant review in the light of the current knowledge.

3. Article 7, paragraph 1(a). The Committee has noted above that section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV(A), fixes the annual dose for workers directly engaged to radiation work at 50 mSv, which does not comply with the dose limit of 20 mSv per year recommended by the ICRP. With regard to women, the Committee notes with interest that Annex IV(B), item 3 fixes for women in child-bearing age an annual dose limit of 13 mSv which, while the ICRP does not provide for special limits on exposure for women concerned before pregnancy is declared and accordingly the dose limits applicable are those for workers directly engaged in radiation work, thus 20 mSv, is in conformity with the 1990 ICRP recommendations. As to pregnant women, Annex IV(B), item 3 stipulates that the dose limit from the time of conception until the time of birth must not exceed 10 mSv which is ten times higher than that of 1 mSv fixed by the ICRP. However, item 2 in conjunction with Annex II of Decree No. 229/96 prohibits the exposure of pregnant and nursing women to ionizing radiations, which goes even beyond the requirements laid down by the Convention through the relevant values recommended by the ICRP in 1990. Hence, in view of the contradiction contained in the provisions of the above legal texts, the Committee requests the Government to take the necessary measures to amend Annex IV(B), item 3 to Regulatory Decree No. 9/90 in order to bring it into conformity with item 2 of Decree No. 229/96 and thus with this provision of the Convention.

4. Article 7, paragraph 1(b). The Committee notes that by virtue of section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV(B), item 1, the dose limit for workers between the ages of 16 and 18 who are working as apprentice, student or trainee, is three-tenths of the annual dose limits established for workers directly engaged in radiation work, thus 15 mSv. In this respect, the Committee refers to the 1994 International Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources, developed under the auspices of the IAEA, the ILO, the WHO and three other international organizations, indicating under item II-6 of Schedule II "Dose limits" that the occupational exposure limit for apprentices of 16 to 18 years of age shall not exceed an effective dose of 6 mSv per year. The Committee accordingly requests the Government to take the necessary measures to change the current dose limit for this category of workers.

5. Article 7, paragraph 2. The Committee notes section 31 of Regulatory Decree No. 9/90, in conjunction with Annex IV(B), item 2, according to which the annual dose limit of minors under the age of 16 shall not exceed one-tenth of the annual dose limit established for the general public under Annex IV(C), thus 0.5 mSv. The Committee therefore recalls that this provision of the Convention clearly provides for a prohibition to engage workers under the age of 16 in work involving exposure to ionizing radiations. In this respect, the Committee however notes the Government’s indication that Decree No. 715/93 bans minors from activities involving a risk of exposure to ionizing radiations, among other physical agents. Therefore, in view of the contradiction contained in the provisions of the above legal texts, the Committee requests the Government to take the necessary legislative measures to amend Annex IV(B), item 2 to Regulatory Decree No. 9/90 in a manner to provide for the interdiction of the exposure of minors under the age of 16, in order to remedy the existing contradiction so as to give effect to this provision of the Convention.

6. Article 8. The Committee notes section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV(C), item 1, fixing the annual dose limit for the general public at 5 mSv which is not in conformity with the annual dose limit of 1 mSv recommended by the ICRP in 1990. It therefore requests the Government to take the necessary measures to establish limits in accordance with those fixed by the ICRP in its 1990 recommendations.

7. Article 12. The Committee notes section 24 of Regulatory Decree No. 9/90 providing for special medical examinations of workers who normally carry out their activities in controlled areas which according to section 20 is carried out by physicians specialized in labour medicine, who, in the case of workers in category A (workers working in controlled areas) and situations of special monitoring, should have received specific training, certified by the General Directorate for Health. In this respect, section 25 of Legislative Decree No. 109/2000 prescribes in detail the responsibilities and required qualifications of the physicians. The Committee further notes that pursuant to section 21, subsection 1, of Regulatory Decree No. 9/90, the objective of carrying out medical examinations of workers is to ensure that the worker’s health is compatible with the tasks to which he or she is assigned. The Committee however notes the absence of a provision indicating the moment and the frequency of these medical examinations. The Committee accordingly requests the Government to indicate the measures taken or envisaged specifying the moment when workers directly exposed to ionizing radiations must undergo medical examinations, as well as the frequency and the nature of the medical examinations in question. In this respect, the Committee would remind the Government that Article 12 of the Convention provides for appropriate medical examinations prior or shortly after taking up work involving exposure to ionizing radiations and subsequently at appropriate intervals.