Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Radiation Protection Convention, 1960 (No. 115) - Germany (Ratification: 1973)

I. The Committee notes the information provided in the Government's latest report and the directives provided in reply to its previous direct request. It further notes the adoption of the Ordinance concerning protection from injury by X-rays of 8 January 1988 and the Ordinance on the Protection against Damages and Injuries Caused by Ionizing Radiation (Radiation Protection Ordinance) promulgated on 30 June 1989 and corrected on 16 October 1989.

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1 and Article 6, paragraph 2

(a) The Committee notes that section 49 of the Radiation Protection Ordinance sets forth dose limits for occupationally exposed persons equivalent to the recommendations made by the International Commission on Radiological Protection (ICRP) in 1977 (i.e. 50 mSv per year for occupationally exposed persons in category A). Paragraph 11 of the general observation under this Convention for 1992 sets forth the latest ICRP dose limits for occupational exposure to ionizing radiation. The ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in the light of the current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation concerning dose limits for pregnant women. It notes that section 56(1) of the Radiation Protection Ordinance provides that steps shall be taken to assure that pregnant women do not stay in restricted access areas (i.e. areas where the effective dose received of ionizing radiations may exceed 15 mSv). Furthermore, section 49(3) provides that the body dose accumulated at the uterus over one month for women of childbearing age shall not exceed 5 mSv. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women in the light of the current knowledge as reflected in the latest ICRP recommendations.

2. Article 8. The Committee would refer the Government to paragraph 14 of the general observation which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (1 mSv per year averaged over any five consecutive years). The Committee notes that section 51 of the Radiation Protection Ordinance provides that the effective dose for persons who are not occupationally exposed shall not exceed 5 mSv per year. The Goverment is requested to indicate, in its next report, the steps taken or envisaged to revise the effective dose limit for non-radiation workers in the light of current knowledge.

III. The Committee would refer the Government to paragraphs 28 to 34 of its general observation for 1992 concerning the provision of alternative employment. It notes that section 49 of the Radiation Protection Ordinance provides that the sum of the effective doses of occupationally exposed persons determined in all calendar years shall not exceed 400 mSv. Furthermore, section 67(2) provides that an occupationally exposed person may continue to be employed in work involving exposure to ionizing radiations only if an authorised physician has indicated that there are no medical objections to such person's continued employment. The Government is requested to indicate whether there are any provisions in law or practice to ensure the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose greater than 400 mSv or for whom it is medically inadvisable, due to previous exposure, to continue in work involving exposure to ionizing radiations.

IV. Finally, the Government is referred to paragraphs 3 to 7 and 16 to 27 of the 1992 general observation and requested to indicate the steps taken or under consideration in relation to the optimization of protection and the protection against accidents and emergencies raised under paragraph 35(a) and paragraph 35(c) of the conclusions.