Radiation Protection Convention, 1960 (No. 115) - Lithuania (RATIFICATION: 2013)

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Previous comment on Convention No. 115: direct requestPrevious comment on Convention No. 127: direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 127 (maximum weight) together.

Radiation Protection Convention, 1960 (No. 115)

Legislation. The Committee notes that the Act on Radiation Protection of the Republic of Lithuania and the Lithuanian Hygiene Standard HN 73:2018 “Basic Standard of Radiation Protection” were entirely amended in 2018. The Committee notes that the legislation continues to give effect to most of the provisions of the Convention.

Article 7(2) of the Convention. Prohibition concerning engagement of workers under the age of 16 in work involving ionizing radiation. In its previous comment, the Committee requested the Government to provide information on the measures taken to prohibit the engagement of persons under the age of 16 in work involving ionizing radiations of workers. In this respect, the Committee notes withinterest that section 23 of the Procedure for Organizing the Recruitment, Work and Professional Training of Persons Under 18 Years of Age and the Conditions for Child Employment, approved by Resolution No. 518 of 28 June 2017 explicitly prohibits the engagement in work involving ionizing radiations, of workers under the age of 18, in accordance with Article 7(2) of the Convention. The Committee notes this information which responds to its previous request.

Article 8. Dose limits for workers not directly engaged in radiation work. In its previous comment, the Committee requested the Government to provide further information on the measures taken or envisaged to ensure that the dose limits for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations, are the same as those applied to the members of the public. The Committee notes the Government’s indication in its report that, in accordance with the definitions of “exposed worker” and “the public” provided for in section 2 of the Act on Radiation Protection (as amended in 2018), workers who are not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiations or radioactive substances fall within the second definition and thus have the same level of protection against such exposure as members of the public. The Committee notes this information which responds to its previous request.

Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s indication in its report that, although the overall number of occupational diseases is decreasing, one of the main causes remains biomechanical/ergonomic factors. In this respect, the Committee notes the information from the occupational diseases registry (shared by the Government) that in 2020, 48.9 per cent of occupational diseases were due to biomechanical/ergonomic factors (including carrying and lifting loads), and in 2019 this percentage was 48.63 per cent. The Government indicates that it takes the necessary measures to prevent occupational accidents and diseases related to manual transport of loads, including by taking into account the information of the occupational diseases registry, ensuring the provision of detailed work safety and health instructions to employees, and monitoring compliance through inspection. The Committee notes that the manual handling of loads is mandatorily assessed during routine inspections and that inspectors assess different factors including the company's internal regulations on manual handling procedures and the training of employees. The Government indicates that, for the period 2016-2019, the State Labour Inspectorate (SLI), together with the social partners, carried out a series of special inspections and campaigns on the issue of manual lifting of loads, including campaigns in health care institutions regarding the professional risks of employees related to manual lifting of patients. The Committee notes that in the framework of the National Action Plan for Occupational Safety and Health 2017–2021, the SLI developed an Interactive Manual for handling loads, repetitive movements and working postures at work. Taking due note of the measures taken, the Committee requests the Government to continue to provide information concerning the application in practice of the Convention, including the number of occupational accidents and diseases related to the manual transport of loads, the number of labour inspections, the number of violations of legal provisions related to maximum permissible weight limits found, and the number of penalties imposed.

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The Committee notes the Government’s first report.

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.

Legislation. The Committee notes with interest the Law on Radiation Protection, entered into force on 1 April 1999 and last amended in 2011, and the Hygiene Standard HN 73:2001 “Basic Standard of Radiation Protection”, approved by Order No. 663 on 21 December 2001 of the Minister of Health and last amended in 2014, which give effect to most of the provisions of the Convention.

Article 7(2) of the Convention. Prohibition concerning engagement of workers under the age of 16 in work involving ionizing radiation. The Committee notes that under section 13(2) of the Law on Radiation Protection, persons in the age group of 16 to 18 may perform work with sources of ionizing radiation only for the purposes of professional training and not exceeding the limits of exposure established by the Ministry of Health. These limits are indicated in the Hygiene Standard HN 73:2001. The Committee notes however that these two legal texts do not contain provisions prohibiting explicitly the engagement in work involving ionizing radiations of workers under the age of 16, in accordance with Article 7(2) of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit explicitly the engagement in such work of workers under the age of 16.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes that, in accordance with the Council Directive 2013/59/EURATOM of 5 December 2013, the Hygiene Standard HN 73:2001 provides for two categories of exposed workers: category A workers are workers who may receive an annual effective dose exceeding 6 mSv and category B workers are workers not classified as category A workers. The protection of category B workers is the same as for apprentices (students) aged between 16 and 18 years. The Committee also notes the Government’s statement that all workers not assigned as category A or B (exposed) workers are considered as members of the public. With reference to paragraphs 14 and 35 of its 2015 general observation, the Committee recalls that the standards contained in the publication “Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (General Safety Requirements Part 3)”, issued in July 2014 by the International Atomic Energy Agency require employers, registrants and licensees to ensure that workers exposed to radiation from sources within a practice that are not required by or directly related to their work have the same level of protection against such exposure as members of the public. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the dose limits for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations, are the same as those applied to the members of the public.