Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Radiation Protection Convention, 1960 (No. 115) - Ghana (Ratification: 1961)

The Committee takes note of the Government’s last report. With reference to its previous comments, the Committee draws the Government’s attention to the following points that urgently need to be addressed by the Government in order to comply with the provisions of the Convention.

1. The Committee notes the Radiation Protection and Safety Guides, GRPB - G1 to G5, adopted in 1995 and 1998 respectively containing provisions on the qualification and certification of radiation protection personnel (GRPB - G1), the notification and authorization by registration or licensing, exemptions and exclusions (GRPB - G2), dose limits (GRPB - G3), inspection (GRPB - G4), and the safe use of X-rays (GRPB - G5). The Committee notes that the provisions to be found in the guides enclose substantive provisions which respond to a number of the requirements set forth in the provisions of the Convention. It notes, however, the Government’s indication, confirmed by the prefaces to these guides, that the Radiation Protection and Safety Guides are only supporting documents and therefore do not have any legal, thus binding, effect. In this regard, the Committee recalls its comments, which it had made for more than 15 years, explaining that non-binding guides do not suffice for the application of the Convention. In order to ensure effective protection of workers, regarding their health and safety, against ionising radiation, as provided for in Article 3, paragraph 1, of the Convention, the Government must take the necessary measures by means of laws or regulations, which do not leave it to the discretion of the employer whether or not he puts into operation the provisions contained therein. The Committee therefore again urges the Government to take the necessary measures to ensure effective protection of workers against ionising radiations, in compliance with the provisions of the Convention. In this context, the Committee refers to the Government’s declarations, contained in its reports since 1968, that a Bill, entitled the Radiation Protection Bill, to give legal effect to the provisions of the guides was under preparation. The Committee had noted in its previous comments that the adoption of the Bill has been postponed because of reorganization measures taken following a change of the Government. The Committee observes that the Government does not refer any more to this Bill in its report. The Committee accordingly requests the Government to indicate whether it continues to envisage the adoption of this Bill, or whether the legislative process has been renounced. The Committee moreover notes that, according to the Government’s indications, the Radiation Protection and Safety Guide, GRPB - G3, contains the BSS dose limitation system for occupational exposure to ionising radiation. However, as this text has not been available to the Committee, it has not been in a position to examine its content in order to assess the extent to which this text would apply Articles 3 and 6, paragraph 1, of the Convention, even though this Guide does not have force of law. The Committee accordingly again strongly suggests that the Government take the necessary steps to ensure that the text designed to give effect to the Convention, for which the preparations started more than 30 years ago, is adopted in the near future. The Committee requests the Government to keep the Office informed on any progress made in this regard.

2. Article 8. The Committee notes the Government’s indication that the annual dose limit, established in the Radiation Protection and Safety Guide, GRPB - G3, is 5 mSv for members of the public. The Committee recalls paragraph 14 of its 1992 general observation under the Convention, in which it refers to the dose limits for exposure adopted in 1990 by the International Commission on Radiological Protection (ICRP), since they reflect the current knowledge which is the determining factor for the establishment of the dose limits for the different categories of workers (Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention). The ICRP fixes the annual dose limit for the general public at 1 mSv. In view of this fact, the Committee hopes that the Government will take the necessary measures to reduce the annual dose limit for exposure to ionising radiations of the public from 5 mSv to 1 mSv.

3. Article 12. The Committee notes the Government’s indication, according to which pre-employment medical examinations and subsequent medical examinations have to be carried out for workers exposed to ionising radiation in the course of their work. As to the periodicity of the medical examinations during the employment, the Government specifies that medical examinations are required every six months if the exposure exceeds 6 mSv. The Committee requests the Government to indicate the legal basis providing for the indicated medical examinations of workers.

4. Article 13(b). The Committee notes the Government’s indication that the licensee/registrant of an authorization for using ionising radiation is required to notify to the Radiation Protection Board any incident that might lead to an overexposure requiring protective action and the steps taken to bring the situation under control. The Government is asked to indicate the legal basis.

5. Further to its previous comments, the Committee notes that the following provisions of the Convention are not even covered by the Radiation Protection and Safety Guides: Article 13(a) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, necessary remedial action to be taken by the employer on the basis of the technical findings and the medical advice); and Article 14 (provision of alternative employment to radiation workers who have already received an effective dose beyond which they would suffer a detriment considered to be unacceptable). The Committee urges the Government to take the necessary measures to address these matters through regulations that are enforceable.

6. Finally, the Committee requests the Government to supply a copy of the Radiation Protection and Safety Guide, GRPB - G3, on dose limits.

The Committee reiterates its firm hope that the Government will make every effort to take the necessary action without any further delay.