Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Radiation Protection Convention, 1960 (No. 115) - Luxembourg (Ratification: 2008)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency situations. The Committee previously noted that under section 5.1.8 of the Grand-Ducal Regulations of 14 December 2000, during an emergency situation, the dose limits may be exceeded for persons exposed at work, including for “saving valuable equipment”. Referring to paragraphs 36 and 37 of its 2015 general observation, the Committee recalls that, in emergency situations, duly informed workers may volunteer to receive a higher dose only in exceptional circumstances. These circumstances, listed in paragraph 37, do not include saving valuable equipment. The Committee therefore requests the Government to take measures to ensure that workers who intervene in an emergency situation are not subjected to exposure exceeding the limit established for the purpose of saving valuable equipment.

Articles 3(1) and 6. Effective protection of workers in the light of knowledge available. Maximum permissible doses. The Committee previously noted that under section 5.1.7(6) of the Grand-Ducal Regulations mentioned above, the effective dose limit for exposed workers, set at 50 mSv a year, may be exceeded in exceptional situations occurring during normal operations, without exceeding the limit of 15 mSv accumulated in the first year. The Committee wishes to draw the attention of the Government to paragraphs 9 and 11, as well as paragraph 32 of its 2015 general observation, which indicate that the limit on the dose is of 20 mSv per year, averaged over five years, with the maximum effective dose not exceeding 50 mSv in any single year. Moreover, the Committee notes that under section 5.1.3(3)(a) of the Grand-Ducal Regulations, the dose limits for the lens of the eye are set at 150 mSv per year. Recalling that, in accordance with Article 6(2) of the Convention, the maximum permissible doses must be kept under constant review in the light of current knowledge, the Committee refers to paragraphs 11 and 13 of its 2015 general observation. It draws the Government’s attention in particular to the recommendations of the International Commission on Radiological Protection (ICRP) which set the equivalent dose for the lens of the eye at 20 mSv per year, averaged over five years, with the further provision that the effective dose should not exceed 50 mSv in any single year. The Committee requests the Government to specify the maximum permissible dose over a period of five years. It also requests the Government to provide information on the measures taken to review the maximum dose for the lens of the eye, in the light of current knowledge.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Referring to its previous comments concerning the situation of workers who can no longer perform work involving exposure to ionizing radiation, the Committee once again notes that no information has been provided concerning the measures proposed to provide workers with alternative employment or other means of maintaining their income. In this regard, the Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which states that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. The Committee invites the Government to provide information on all measures taken or envisaged relating to the assignment to alternative employment in circumstances in which it has been determined that the workers concerned, for health reasons, may no longer continue to be employed in work by reason of which they are or could be subject to occupational exposure.

Application in practice. The Committee once again requests the Government to provide general information on the manner in which the Convention is applied, including extracts from inspection reports and, where such data exist, information on the number of workers covered by the legislation, the number and nature of the violations reported and the number, nature and causes of employment accidents and cases of occupational disease reported.