Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee notes the Government’s comprehensive report, including the revised provisions of the Ordinance on Industrial Safety and Health and the Ordinance on the Prevention of Ionizing Radiation Hazards (as amended in March 2001), the revised Regulations on the Special Education for Nuclear Fuel Substance Handling Operations (Notification No. 1 of 30 January 2000), as well as Ordinance No. 21 on the Prevention of Mariner Exposure to Ionizing Radiation Hazards of 23 June 1973 (as amended until April 2001).

2. Article 3, paragraph 1 and Article 6, paragraph 2. Effective protection of workers against ionizing radiation. The Committee notes with satisfaction the indication of the Government that the Ordinance on the Prevention of Ionizing Radiation Hazards was amended in March 2001, thus revising the exposure limit of workers engaged in radiation work. The effective dose limits are now 100 mSv for a block of five years and 50 mSv for any single year. In respect of pregnant women, the effective dose by internal exposure is limited to 1 mSv for the duration of the pregnancy, with a dose equivalent at the abdominal surface of 2 mSv. The Committee notes with interest that the Ordinance on the Prevention of Mariner Exposure to Ionizing Radiation Hazards was similarly revised in April 2001.

3. Emergency exposure situations. The Committee notes with satisfaction the indication of the Government that the Ordinance on the Prevention of Ionizing Radiation Hazards was amended in March 2001 to stipulate the exposure limits in emergency operations, taking into consideration the 1990 ICRP recommendations and that 100 mSv is the effective dose, 300 mSv, the lenticular dose equivalent and 1 mSv, the dermal dose equivalent. The Committee also notes with interest the indication of the Government that similar amendments have been made to the Ordinance on the Prevention of Mariner Exposure to Ionizing Radiation Hazards in April 2001.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that, in reply to its previous comments, the Government has indicated that the effective dose to which workers may be exposed in a year is less than the prescribed level, and that situations where workers in radiation work need to be provided with alternative employment are unlikely to arise, unless there is an accident. While noting that measures have been taken to limit the exposure of workers, the Committee wishes to point out that there may be situations where a worker is unable to continue in radiation work on legitimate health grounds. The Committee also wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to consider taking appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.