Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Radiation Protection Convention, 1960 (No. 115) - New Caledonia

The Committee notes, from the Government's replies to its direct request of 1984 and general observation of 1987 that no regulations have yet been prepared on the matters covered by the Convention in pursuance of Ordinance No. 85-1181 of 13 November 1985. Since pursuant to section 140 of the said Ordinance the regulations which previously gave partial effect to the Convention (Order No. 60-364/CG of 6 December 1960) are no longer in force, the Committee would stress the need to adopt new regulations to ensure the application of the Convention. In this respect, it recalls its previous comments, in which it indicated the measures to be taken in order to supplement the regulations previously in force, on the following points:

Article 2, paragraph 1, of the Convention. The new regulations should cover all activities involving the exposure of workers to ionising radiations.

Article 3, paragraph 1, and Article 6, paragraph 2. The new regulations should provide for the review in the light of current knowledge of the maximum permissible doses of ionising radiation fixed by Order No. 60-364 of 9 December 1960 and by any later regulations.

Article 7, paragraph 1(b). The new regulations should fix maximum doses and amounts in accordance with Article 6 of the Convention, for workers aged between 16 and 18 years.

Article 7, paragraph 2. The new regulations should prohibit the assignment of workers under the age of 16 to work involving ionising radiations.

Article 11. The new regulations should provide for the appropriate monitoring of workers in order to measure their exposure to ionising radiations. The Committee ventures to call the attention of the Government to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which proposes a number of measures to be taken in this connection.

Article 13. The new regulations should contain provisions laying down the action to be taken in certain circumstances to be specified where the nature or degree of the exposure warrants it (for example in an emergency). This Article of the Convention does not cover the normal medical supervision of workers, which is the subject of Article 12, but the remedial measures, both medical and technical to be taken in the above-mentioned circumstances. With the exception of clause (b) (notification of the competent authority by the employer) the action called for by this Article does not seem to be prescribed by the present regulations.

The Committee expresses the hope that new regulations will be adopted in the near future, that they will give full effect to the various Articles of the Convention and that the Government will be able to communicate a copy of the regulations adopted with its next report.