Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Radiation Protection Convention, 1960 (No. 115) - French Polynesia

Article 1 of the Convention. Legislation. Articles 6, 7 and 8. Maximum permissible doses of exposure to radiation. The Committee notes that, according to the Government’s report, two territorial Acts called lois du pays (legislation of French Polynesia, distinct from French legislation) are being drafted, one in the area of health and the other in the area of labour, and that these are being assessed by the French Nuclear Safety Authority (ASN). The Government, stressing the need to upgrade the applicable laws and regulations in French Polynesia, states that these two bills are due to be adopted before the end of 2013. The Committee notes that the bill concerning the Department of Labour will replace the existing provisions of the Labour Code. It notes with interest that, according to information contained in the Government’s report, the new legislation will pave the way for the application of a number of provisions of the Convention, especially with respect to Articles 6, 7 and 8 on the maximum exposure of various categories of persons to radiations, which have been revised in line with the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). The Committee requests the Government to indicate in its next report the progress made in this respect and to send a copy of the legislation once it has been adopted. It would also be grateful if the Government could specify the bill or law to which it is referring in relation to the application of the provisions of the Convention.

Article 11. Appropriate monitoring of workers and places of work. The Committee notes the Government’s indication that a medical inspector has been recruited and was due to take up duties in July 2013. The Committee notes that, according to the Government’s report, the bill provides for monitoring of the workplace through technical radiation protection monitoring and technical monitoring of the environment, as well as the surveillance of workers’ health by means of reference dosimetric monitoring, operational dosimetric monitoring and medical supervision. It notes, however, that no information has been provided by the Government on the controls prescribed under sections Lp.4431-1 and A.4432-7 of the Labour Code, which have been entrusted to the “Bureau Veritas” pursuant to Decree No. 19 PR of 9 January 2012. The Committee welcomes the recruitment of a medical inspector and the measures taken to ensure the monitoring of workers and places of work. However, it asks the Government once again to provide copies of any relevant reports produced by the “Bureau Veritas” as well as to provide information on measures it has taken to follow up on any recommendations made, violations identified and the action taken in relation to such violations.

Articles 12 and 13. Medical examinations. The Committee notes the information provided by the Government on the provisions of the territorial bill, especially with respect to the increased monitoring of workers classified in categories A and B. It also notes that, following any internal or external exposure occurring in “defined situations”, the occupational physician shall carry out a dosimetric assessment of this exposure and an assessment of its effects on each exposed worker. The Committee asks the Government to define what is meant by the categories of workers A and B mentioned above, and to provide information on the existence of any other categories and differences in treatment between them, especially with respect to “appropriate medical examinations” prior to or shortly after being exposed and subsequently “at appropriate intervals”, as required by Article 12 of the Convention. It also asks the Government to provide further details on the “defined situations” in which an occupational physician shall carry out a dosimetric assessment and assessment of the effects of the exposure.

Article 13. Emergency situations. The Committee notes the provisions contained in the new bill concerning emergency situations. It recalls that the Government shall take, in accordance with Article 13(d) of the Convention, any necessary remedial action on the basis of the technical findings and the medical advice. The Committee also notes that the report is silent on workers’ exposure limits during an emergency operation. It recalls that, irrespective of the exposure resulting directly from an accident, the rescue teams may be exposed to radiation when intervening in a critical situation. The Committee asks the Government to refer in this respect to paragraph 20 of its general observation of 1992 and the 1990 Recommendations of the ICRP which provide: that the limit of occupational exposure in critical situations is established at 0.5 Sv, except for life-saving actions; that the strict definition of the circumstances in which workers may exceptionally be exposed to limits in excess of normally authorized doses correspond to circumstances in which there is a need for “immediate and urgent remedial work”; that exceptional exposure of workers is neither justified for the purpose of rescuing “items of high material value”, nor, more generally, because alternative techniques of intervention “would involve an excessive expense”. The Committee invites the Government to take the necessary steps to ensure that the exposure limits defined by the ICRP for workers in critical situations are not exceeded. Finally, it requests the Government to provide information on the measures taken or envisaged concerning necessary remedial action with a view to giving effect to Article 13 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general assessment of the manner in which the Convention is applied in practice, in French Polynesia, including any difficulties, as the case may be, and to provide any document useful on this subject, such as extracts from official reports.