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

Radiation Protection Convention, 1960 (No. 115) - Chile (Ratification: 1994)

Article 1 of the Convention. Legislation. Consultations with representatives of employers and workers. In its previous comments, the Committee asked the Government to provide information on consultations actually held with employers’ and workers’ representatives on the measures referred to in Article 1 of the Convention, including on the draft legislation to amend the dose limits referred to by the Government. The Committee notes that the Government repeats the information it supplied in its previous report, but does not provide the information requested by the Committee regarding this Article of the Convention. In earlier comments the Committee noted that, according to the Government, since 2008 a process has been under way to update the rules on radiological safety and protection and it is hoped that they will enter into force at the end of 2010 or 2011. It notes that, according to the report, the new regulations on radiological protection will shortly enter into force and that their purpose is to change the dose limits for occupationally exposed workers, to bring them into line with the standards in force internationally. The Government also refers to draft regulations on authorizations, which include authorizations pertaining to persons who are occupationally exposed to ionizing radiations. The Committee requests the Government to take the necessary steps to consult the representatives of employers and workers about the measures referred to in Article 1 of the Convention, including the abovementioned regulations, and again asks the Government to provide information on these consultations, specifying the employers’ and workers’ representatives consulted, the issues discussed, and the results of the consultations. It also asks the Government, in drafting the regulations, to take account of the Committee’s comments, including those on the dose limits for workers who are not occupationally exposed, and to provide information on this subject.

Article 3(1), (2) and (3)(a) and (b), and Article 6(1) and (2). Appropriate measures to ensure effective protection of workers against ionizing radiations; revision of the maximum permissible doses of ionizing radiations. For several years, the Committee has been pointing out to the Government that the maximum doses indicated in the relevant legislation are significantly higher than those recommended in its general observation of 1992, which recommends for workers who are occupationally exposed a maximum annual dose of 20 mSv for the body and 15 mSv for the eyes. According to section 98 of Decree No. 745 of 23 July 1992, read in conjunction with section 12 of Decree No. 3 of 3 January 1985, the annual maximum dose currently in force for workers exposed to ionizing radiations is 5 rem (=50 mSv) for the body and 30 rem (=300 mSv) for the eyes. In its previous comments, the Committee noted that the dose limits indicated previously are still in force but that, according to the Government, the system for monitoring workers who are occupationally exposed is governed by the limits that are currently recommended internationally. The Committee notes that the Government indicates that the competent authority, the Chilean Nuclear Energy Commission, endorses the rules set in this Article of the Convention and has the discretion to fix a series of limits and conditions, which are constantly updated. The Committee notes, however, that the Government has not provided the limits or the information requested by the Committee. The Committee once again urges the Government to adopt standards without delay establishing the dose limits that are recommended internationally and are set out in its general observation of 1992; and in so doing, to take account of the Committee’s general observation and comments and to provide a copy of the legislation adopted. Furthermore, the Committee requests the Government to ensure, once the legislation is adopted, that the dose limits referred to by the Committee are observed in practice, and to provide information on this subject.

Article 7(1)(a), read in conjunction with Article 3(3). Measures to fix appropriate levels for certain categories of workers. In its previous comments, the Committee noted that, according to the Government, pregnant women may not receive radiation of occupational origin of above 0.5 rem (=5 mSv) until their pregnancy has come to term. The Committee referred to the recommendations of the International Commission for Radiological Protection (ICRP), mentioned in paragraph 13 of its 1992 general observation, according to which the unborn child should be protected from ionizing radiation by applying an equivalent dose limit of 2 mSv to the surface of the woman’s abdomen from the declaration of the pregnancy until its term. The Committee notes the Government’s statement that, since these limits are established in a decree, which is not easily amended given its rank as a legal instrument, it has been established that in cases where employers establish in their radiological protection manuals a dose limit lower than the one established in the Decree, those limits shall be enforced. The Committee is of the view that voluntary alignment of this nature will not ensure the enforcement of the dose limits the Committee has been referring to for years. The Committee again expresses its concern at the delay in amending the maximum permissible doses given the serious repercussions it may have for the unborn child. The Committee urges the Government to ensure that an equivalent dose limit of 2 mSv to the surface of the woman’s abdomen shall not be exceeded throughout the pregnancy, from the declaration of the pregnancy until its term, and to provide information on this subject.

Article 8 read in conjunction with Article 3. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. In its previous comments, the Committee noted that, according to the Government, these doses would be reflected in the rules undergoing amendment. The Committee notes that, in its report, the Government indicates that Chilean legislation draws no distinction between workers who are directly exposed and those who are not directly exposed in the course of their work. The Committee again draws the Government’s attention to paragraph 5.4.5 of the ILO code of practice Radiation protection of workers (ionizing radiations), and to paragraph 14 of its 1992 general observation on the Convention, which fix the annual dose limit for ionizing radiation at 1 mSv for workers not engaged in radiation work, which is the same as that for members of the public. The Committee again urges the Government to fix the annual dose limit of ionizing radiations at 1 mSv for workers who are not directly engaged in radiation work, and to provide information on this subject.

The Committee is raising other matters in a request addressed directly to the Government.