Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Radiation Protection Convention, 1960 (No. 115) - Mexico (Ratification: 1983)

Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiations. In its previous comments the Committee noted that Mexican Official Standard NOM-012-STPS-1999 replaced the 1993 standard but that it set no maximum limit of exposure for the various categories of workers. The Committee noted that in accordance with the National Standardization Programme, a working group of specialists would revise Mexican Official Standard NOM-012-STPS-1999 during the period 2004–05. According to the Government, in this overall revision to bring the standard up to date, the maximum permissible exposure limits for workers deemed to be occupationally exposed will be taken into consideration. The Committee notes that in its latest report the Government states that the General Radiological Safety Regulations and Mexican Official Standard NOM-012-STPS-1999 are still in force but provides no information on the abovementioned revision. The Committee hopes that the Government will expedite work to include provisions setting the maximum doses recommended by the International Commission on Radiological Protection (ICRP) in 1990, as reflected in the Basic Safety Standards for Radiation Protection and referred to by the Committee of Experts in its general observation of 1992. It also trusts that the Government will reconsider drafting new general regulations on radiological safety. It requests the Government to provide information on all progress made in revising the abovementioned legislation.

Accidents and emergencies. The Committee trusts that in the course of the overall revision of NOM-012-STPS-1999 account will be taken of the elements set out in paragraphs V.27 and V.30 of the Basic Safety Standards for Radiation Protection and in paragraphs 23–27 and 35(c) of the Committee’s 1992 general observation on the Convention, and requests the Government to provide information on all developments in this regard.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments the Committee noted that Collective Labour Agreement 35/XXII, concluded between United Trade Unions of Workers in the Nuclear Industry and the National Nuclear Research Institute places particular emphasis on so-called “occupationally exposed” workers, who are required by law to undergo medical and clinical examinations every six months to verify compliance with the system of dose limits; that, where the workers concerned cannot continue to perform the tasks placing them at risk, the establishment must reassign them to a job suited to their skills and maintain, without any reduction, the wage corresponding to the job occupied at the time of exposure to the risk; where it is not possible to reassign the worker, the provisions of the Occupational Risk chapter of the Institute for Safety and Social Services of State Workers Act and the provisions of the abovementioned collective agreement are to be applied through the Safety and Health Committee. The Committee sought information on the effect given in practice to the collective agreement, but notes with regret that the Government repeats the provisions of that agreement but provides no information on the effect given to it in practice. The Committee again asks the Government to provide information on the effect given in practice to the abovementioned collective agreement as it concerns alternative employment, and to indicate the measures taken 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.

Part III of the report from. Inspection services responsible for supervising application of the provisions of the Convention. The Committee notes that as from 1 January 2007, changes were introduced in the organizational structure of the National Nuclear Safety and Safeguards Commission and that the Directorate of Operational Supervision was set up to be in charge of carrying out the procedures for programming, planning and implementation of the inspection, auditing, recognition and verification of radioactive facilities. According to the report, this ensures better coverage of high-risk facilities.

Part V of the report form. Application in practice. The Committee notes that according to the report, in 2008 a programme was started to measure incorporated radio activity in workers operating open sources of radiation in order to determine incorporations and keep a check on annual ingestion limits. At 31 May 2009, 61 thorax and thyroid measurements had been conducted on authorized workers in nuclear medicine services. It also notes that between July 2004 and July 2009, for 14,188 staff occupationally exposed, 1,979 inspections of radioactive facilities were carried out. The Committee notes that the Government has not provided the extracts of inspection reports requested. The Committee again asks the Government to provide information on the number of workers covered by the Convention countrywide and the number and nature of infringements reported by the labour inspectorate, indicating the main trends and the measures to deal with them and providing documentation from the labour inspectorate such as extracts of inspection reports.