Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Radiation Protection Convention, 1960 (No. 115) - Syrian Arab Republic (Ratification: 1964)

The Committee notes the information supplied by the Government in its report. It notes with interest the adoption of Order No. 6514 of 8 December 1997, issued by the Council of Ministers, and Order No. 99/112 of 3 February 1999, issued by the Atomic Energy Commission, on the general protection against ionizing radiation. Further to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 2, paragraph 1, of the Convention. The Committee notes the indications of the Atomic Energy Commission annexed to the Government’s report that it supervises the application of the provisions concerning the protection against ionizing radiation of workers in both the public and the private sector, in accordance with section 1 of Order No. 6514 of 1997. To this effect, the Atomic Energy Commission only needs information on the workplace where workers are exposed to radioactivity and the identity of the person responsible. In this context, the Committee notes that, pursuant to section 3 of Order No. 99/112 of 1999, the regulations on the general protection against ionizing radiation apply to all activities, which involve or could involve exposure of persons to ionizing radiations. In addition, according to section 6 of Order No. 6514 of 1997, the exercise of any activity in relation with ionizing radiation is subject to authorization, issued by the Atomic Energy Commission. Hence, no activity is excluded from the application of the provisions concerning the protection of workers against ionizing radiation. The Committee further notes that by virtue of section 10 of Order No. 99/112 of 1999, in well-justified cases the Atomic Energy Commission may grant exemptions from the particular requirements established for receiving the authorization. The Committee would request the Government to indicate whether such exemptions have been granted and, to specify the criteria which would justify such an exemption, in accordance with section 10 of Order No. 99/112.

2. Article 3, paragraph 1, and Article 6, paragraph 1. The Committee notes with interest that the Atomic Energy Commission has issued Order No. 99/112, in application of section 4 of Order No. 6514 of 1997, which empowers the latter to issue regulations providing for protection and safety requirements in relation to all activities involving exposure of persons to ionizing radiations. In this respect, the Committee notes with interest that section 6(a), in conjunction with Annex II of Order No. 99/112 of 1999 provides for maximum permissible dose limits of the different categories of workers and the general public, which are consistent with the dose limits recommended by the ICRP in 1990 and which were reflected in the 1994 International Basic Safety Standards developed under the auspices of the IAEA, the ILO, the WHO and three other international organizations. However, by virtue of section 6(b) of the above Order, the established maximum permissible doses are not applicable in cases of authorized medical exposure. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure effective protection of workers exposed to ionizing radiation under these conditions. It further requests the Government to indicate whether special dose limits for pregnant women workers directly engaged in radiation work have been established. If this is not the case, the Committee would invite the Government to consider the possible incorporation of special dose limits of exposure to ionizing radiations for pregnant women workers. In this respect, the Committee would draw the Government’s attention to paragraph 13 of its 1992 general observation under the Convention referring to the pertinent values recommended by the ICRP, which would provide some guidance for the Government in this matter.

3. Article 7, paragraph 2. The Committee notes the Government’s indication that Order No. 1112 of 1973 has been repealed. While section 3 of Order No. 1112 of 1973 provided for a general interdiction to engage workers under the age of 16 in work involving ionizing radiations, Order No. 99/112 does not contain an equivalent provision prohibiting the employment of workers under the age of 16 in radiation work. The Committee further notes that, according to the Government, a new order concerning the protection of workers against ionizing radiations will be adopted and promulgated soon replacing Orders Nos. 269 of 1977 and 1112 of 1973. The Committee therefore requests the Government to indicate whether this order has been adopted yet and, if that is the case, to indicate whether it guarantees that young workers under the age of 16 cannot be engaged in work involving ionizing radiations. It also asks the Government to supply a copy of the new order upon its adoption.

4. Article 8. The Committee notes that Order No. 99/112 of 1999 does not contain provisions prescribing dose limits for non-radiation workers. However, paragraph 1(a) of Annex II to Order No. 99/112 establishes a permissible annual dose limit of 1 mSv for the general public, without indicating whether this value is equally applicable to workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations. Referring once again to paragraph 14 of its 1992 general observation under the Convention, the Committee recalls that the employer has the same obligations towards workers not engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the general public with respect to the sources or practices under the employer’s control. Hence, the dose limits should be those applied to the individual members of the public, which is 1 mSv per year, in accordance with the Recommendations of the ICRP adopted in 1990. In this context, the Committee notes that only for persons who are visiting patients at hospital or working in hospitals as volunteers to provide help to the patients when the diagnosis is established and during their prescribed treatment, section 6 in conjunction with paragraph 1(b), subparagraph 1 of Annex II to the Order No. 99/112 fixes a dose limit of 5 mSv for exposure to ionizing radiations. The Committee accordingly invites the Government to take the necessary measures to establish the dose limits for non-radiation workers, in conformity with the 1990 ICRP Recommendations. It requests the Government to indicate the measures taken or contemplated to revise the dose limits currently in force for the persons working in hospitals without being employed by the hospital in the light of the abovementioned ICRP Recommendations.

5. Occupational exposure during emergency situations. With regard to workers’ exposure to ionizing radiations during emergency situations, the Government indicates that the Atomic Energy Commission in collaboration with the International Atomic Energy Agency in the framework of a pilot scheme to ensure protection against ionizing radiations in the East and West Asian countries, elaborates an emergency plan covering all levels of action (government, undertakings and laboratories). At an appropriate stage, the Atomic Energy Commission will invite all parties concerned to participate in the implementation of this emergency plan. The Committee, taking due note of the information, hopes that such emergency plans will be established in the near future. It requests the Government to supply information on any progress achieved in this respect.

6. Part V of the report form. The Committee notes the Government’s indication that approximately 50 inspectors are assigned to supervise the strict application of the Convention, such as to evaluate the conditions in which the workers are exposed with regard to pollutants found in the working environment. These inspectors are empowered to take immediate steps to remedy the defects observed at enterprises concerning appliances or methods of work representing a danger for safety and health of the workers, in collaboration with the employer to maintain the workers’ safety and health. Then, they draw up a minute indicating the infractions stated in order to bring the matter and the person responsible before the courts. However, if the inspector considers an infraction as not representing any danger, he nevertheless draws up a minute indicating the person responsible to bring this person before the courts so that adequate measures could be taken against him. The Committee, noting this development with interest, invites the Government to continue to supply information on the practical application of the Convention in the country.