Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Radiation Protection Convention, 1960 (No. 115) - Latvia (Ratification: 1993)

The Committee takes note of the Government’s comprehensive report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 13 of the Convention. Exposure during emergencies. The Committee takes note of the Cabinet of Ministers Regulation No. 149 of 9 April 2002 on regulations for protection against ionizing radiation, of which clauses 159-163 contain provisions related to emergency situations. Clause 159.1 provides for intervention measures to be taken in the event of radiation accidents in order to reduce or prevent short-term exposure. Pursuant to clause 160, the necessity for an intervention has to be assessed by the work supervisor, the radiation safety expert and the nuclear safety experts. In carrying out the assessment, the positive effect and costs of any intervention have to be in proportion to the possible damage to health. However, clause 163 stipulates that an intervention in a radiation accident shall be justified if the radiation accident may cause serious damage to human health. Hence, the Committee understands that there is no need for carrying out an assessment as prescribed under clause 160. It nevertheless requests the Government to confirm its view of this clause of Regulation No. 149. With regard to the limitation of occupational exposure due to an accident, the Committee notes that Regulation No. 149 does not provide for specific exposure limits of workers during emergency operations. The Committee therefore would draw the Government’s attention to paragraphs 16-27 of its 1992 general observation under the Convention where it is indicated that the International Commission on Radiological Protection (ICRP), in its latest Recommendations of 1990, permits an effective dose up to 0.5 Sv and unlimited exposure for life-saving actions, during the "immediate and urgent remedial work", but calls for the application of the normal occupational dose limits without exception "once the immediate emergency is under control". The Committee accordingly requests the Government to indicate whether a provision exists providing for the above exposure limits applicable during emergency situations, and, if not, to take the necessary measures to align the national legislation with the above principles established by the ICRP. In this context, the Committee further refers to its previous direct request in which it had noted the provisions of clauses 156 and 157, in conjunction with clause 47.2 of Regulation No. 297 on protection against ionizing radiation, 1997, permitting a dose limit of 40 mSv for worker exposure, i.e. twice the annual dose limit fixed for radiation workers, in the framework of emergency interventions for saving assets of significant value. The Committee had noted that this dose limit was not in conformity with the ICRP Recommendations of 1990. The Committee notes section 30 "Transitional provisions" of the Radiation Safety and Nuclear Safety Act, 2000, providing, inter alia, for the adoption of implementing regulations by the Cabinet of Ministers within 12 months after the entry into force of this Act. The Committee, concluding that Regulation No. 297 on protection against ionizing radiation, 1997, is no longer in force, nevertheless requests the Government to confirm that the Regulation No. 297 on the protection against ionizing radiation, 1997, is abolished.

2. Article 14. Alternative employment. The Committee notes clause 71 of the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionizing radiation, providing for an extraordinary health examination of the worker in the event that the established annual dose limit of 20 mSv for radiation workers has been exceeded, as well as for the necessary treatment of the worker concerned. In the same way clause 72 provides for such medical health examinations and medical treatment in the event of a radiation accident. The Committee notes, however, the absence of any provisions with regard to measures to be taken to ensure the provision of alternative employment to workers who for health reasons are to discontinue their work involving ionizing radiations. The Committee therefore would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, underlining that the offer of suitable alternative employment opportunities to the workers concerned, derives from the provision of Article 3, paragraph 1, of the Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment for workers who, for health reasons, are to discontinue radiation work, or to enable them to maintain their income otherwise than through social security measures.