Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Radiation Protection Convention, 1960 (No. 115) - Denmark (Ratification: 1974)

Legislation. The Committee notes the detailed information provided by the Government in its report regarding legislative changes regarding occupational safety and health in general and regarding exposure to ionizing radiation in particular.

Article 7 of the Convention. Performance of work involving exposure to ionising radiation by young persons. The Committee notes the clarifications provided by the Government that Order No. 823 of 31 October 1997 provides that young persons aged 16–18 years who have completed compulsory education are exempted from the general rule and may perform work involving risky functions provided that such work is a necessary element of a formally qualifying training programme of at least 2 year’s duration. The Committee requests the Government to provide further information on the application in practice of this provision.

Article 12. Medical examinations. The Committee notes the information provided by the Government that Order No. 206 of 23 March 1990 provides that all workers directly engaged in radiation work shall undergo an appropriate medical examination, but that it confirms that in practice the word “appropriate” is interpreted in accordance with the Council Directive 96/29/EURATOM of 13 May 1996 according to which only workers performing radiation work under conditions which normally involve exposure to ionising radiation in doses exceeding 6 mSv per year or three-tenths of the limits for the lens of the eye, skin and extremities mentioned in Order No. 823 of 31 October 1997, Annex 1, are required to undergo medical examinations. Against this background the Committee deems it relevant to refer to paragraph 68 of its general comment of 1997 on the application of Conventions on safety and health where it noted that:

There is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO.

Recalling that Article 12 of the Convention requires all workers directly engaged in radiation work to undergo an appropriate medical examination prior to or shortly after taking up such work and to undergo subsequently further medical examinations at appropriate intervals, the Committee again requests the Government to take necessary measures to ensure that all workers directly engaged in radiation work undergo appropriate medical examinations in accordance with Article 12 of the Convention and to indicate the measures so taken in its next report.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the further details provided by the Government regarding the benefits available in the referenced cases under the public unemployment insurance in Denmark. With reference to the terms of its 1992 General Observation on the application of this Convention, the Committee requests the Government to clarify whether employers’ carry any responsibilities for providing their workers with alternative employment. The Committee also requests the Government to provide information on the application in practice of this Article of the Convention.