Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Radiation Protection Convention, 1960 (No. 115) - Netherlands (Ratification: 1966)

1. The Committee notes that the Government has indicated in its report of 1995 that the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) would be incorporated in the basic safety standards of the European Union (Euratom) and implemented into national legislation. The Committee notes that Directive 96/29/Euratom, adopted in May 1996, sets the effective dose limit of ionizing radiation at 100 mSv over five consecutive years, not exceeding 50 mSv in a single year. Recalling that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge as a means to ensure effective protection of workers against ionizing radiation and recalling also its 1992 general observation under the Convention, and in particular its paragraph 35(b), the Committee hopes that the Government will soon be in the position to indicate the steps taken to review the existing dose limits, in the light of current knowledge as embodied in the ICRP Recommendations of 1990 and in the International Basic Safety Standards of 1994.

2. Article 8. The Committee requests the Government to indicate the manner in which maximum permissible dose levels are established and enforced for workers who are not directly engaged in radiation work, but who pass or remain in areas where they may be exposed to ionizing radiation or radioactive substances. Referring to paragraph 14 of its general observation of 1992, the Committee would recall that the dose limit for these non-radiation workers should be the one applied to the public, which is set at 1 mSv per year under the 1990 ICRP Recommendations.

3. Article 14. The Committee requests the Government to supply information in its next report on steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice.

4. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee asks the Government to indicate the measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment may occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

5. Occupational exposure during and after an emergency. The Committee notes that the information provided in the Government's report does not reply to its previous direct request. The Committee would draw again the Government's attention to paragraphs 16 to 27 and 35(c) of the general observation of 1992, which concern occupational exposure during and after an emergency, as well as to paragraphs 233 and 236 of the International Basic Safety Standards of 1994. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiation and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.