Radiation Protection Convention, 1960 (No. 115) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1962)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Conventions on the basis of the supplementary information received from the Government this year (see Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148 below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the information provided by the Government on the occupational safety and health measures taken in the context of the COVID-19 pandemic. This includes the measures by the Health and Safety Executive (HSE) (and the Health and Safety Executive Northern Ireland (HSENI)) focused on the provision of information and advice for workers in the health care sector, as well as guidance for employers and workers in managing the risks associated with re-starting business, and proactive inspections. The Government states that throughout the period, the HSE has continued to engage with tripartite stakeholders.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the HSE. The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes the information provided by the Government that it is currently examining the operation of the HSE’s intelligence-led system for targeted inspection visits (the “Going to the Right Places programme”) with a view to informing the future activities of the HSE. The examination of this strategic approach includes benchmarking visits and the Government states that there are further opportunities to improve the targeting. The Committee further notes that the Government provides the requested health and safety statistics in response to its request on the application of Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2) of the Convention. Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.

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. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.

Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the Health and Safety Executive (HSE). The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes that the Government provides the requested health and safety statistics in response to its request on the application of the Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above-mentioned Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.

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. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.

Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

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

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

The Committee notes the information provided by the Government in its report concerning the benefits available to workers prohibited from continued assignment to work involving exposure to ionizing radiations (Article 14 of the Convention).

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. Case of emergency workers. The Committee previously noted that the term “emergency exposure” under the Radiation (Emergency Preparedness and Public Information) Regulations 2001 is defined as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee recalls that, for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances. It notes that those circumstances, outlined in paragraph 37, do not include the saving of valuable installations or goods. The Committee therefore requests the Government to take measures to ensure that emergency workers are not, in an emergency situation, subject to an exposure that exceeds the established limit for the purpose of saving valuable installations or goods.

Article 7(2). Young workers under the age of 16. With reference to its previous comments, the Committee notes that pursuant to section 6 of Schedule 4 of the Ionising Radiations Regulations 1999 and section 6 of Schedule 4 of the Ionising Radiations Regulations (Northern Ireland) 2000, the limit on effective dose for any person below the age of 16 shall be 1 mSv in any calendar year. The Committee notes the Government’s statement that the dose limitations for persons under the age of 16 ensure that they are not able to work in industrial undertakings, which would result in significant exposure to ionizing radiations. However, they are permitted to take part in approved work experience schemes. The Committee also notes the Government’s statement that it will review the need for a general prohibition to engage workers under the age of 16 years in radiation work as part of its wider programme of work currently in progress. Recalling that pursuant to Article 7(2), no worker under the age of 16 shall be engaged in work involving ionizing radiations, the Committee requests the Government to take appropriate action to ensure the full application of this Article. It requests the Government to provide information on the measures taken in this regard.

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

Further to its observations, the Committee requests the Government to provide additional information on the following points.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to ionizing radiation is medically inadvisable. The Committee notes the response provided by the Government indicating that workers prohibited from continued assignment to work involving exposure to ionizing radiation, pursuant to regulation 24(6) of Ionizing Radiations Regulations 1999 (IRR99), are entitled to a comprehensive system of benefits. The Committee asks the Government to provide further information on the benefits available to such workers, including criteria of eligibility; any time limits imposed as to duration of eligibility; and information on the application of regulation 24(6) in practice.

Article 15 and Part V of the report form. Labour inspection and application in practice. The Committee notes the information stating that an estimated 40,000 premises have been notified under IRR99; that the Health and Safety Executive estimates approximately 250 inspections per annum are carried out under IRR99; and that two cases of prosecutions for contravention of IRR99 were taken during the period under review. The Committee also notes the information indicating that an estimated three incidents (one major) involving ionizing/non‑ionizing radiation occurred between 2003 and 2006, and that various measures are taken to remedy the causes of such accidents, including enforcement action, inspection and publicity through communications. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including the number and nature of contraventions; and the number and nature of accidents reported.

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

Article 7, paragraph 2, of the Convention. Young workers under the age of 16. The Committee notes the response provided by the Government indicating that section 19 of the Management of the Health and Safety at Work Regulations, 1999, and the corresponding Management of the Health and Safety at Work Regulations (Northern Ireland), 2000, prohibit an employer from employing a young person (a person who has not attained the age of 18) for work involving harmful exposure to radiation, unless: it is necessary for that person’s training; the young person is supervised by a competent person; and the risk is reduced to the lowest reasonably practicable level. The Committee further notes the Government’s intention to review the need for a general prohibition to engage workers under the age of 16 in radiation work. The Committee, having on a number of previous occasions urged the Government to take appropriate action to ensure a full application of this Article, reiterates its hope that this will be undertaken in the very near future and requests the Government to provide precise information in this respect in its next report.

Article 13. Emergency work. The Committee notes the information provided by the Government indicating that “without delay” in respect of medical examinations and notification to the competent authority under regulation 14(1)(d) of the Radiation (Emergency Preparedness and Public Information) Regulations, 2001 (REPPIR), is to be interpreted as meaning “as soon as it is reasonably practicable to do so”. With regards to exposure in emergency situations, the Committee notes that according to regulation 11(b) of the Ionising Radiations Regulations, 1999, where an employer is able to demonstrate that the dose limit specified in paragraph 1 of Part I of Schedule 4 is impracticable having regard to the nature of the work undertaken, the employer may apply the dose limits set out in paragraphs 9 to 11 of that Schedule. The Committee further notes that where an emergency plan, prepared pursuant to the REPPIR, provides for the possibility of any employee receiving an emergency exposure, an employer must notify to the Executive the dose levels which they have determined are appropriate to be applied in respect of such an employee; and that no employee will be exposed to a dose of radiation in excess of this dose level unless they agree, for the purpose of saving human life. The Committee asks the Government to confirm that the maximum dose limits in an emergency exposure situation, regulating exposure of individuals implementing the necessary rapid action to bring help to endangered individuals, prevent exposure of a large number of people or save a valuable installation or goods, are those specified in Part II of Schedule 4, and that these maximum dose limits can only be exceeded for the purpose of saving human life.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 8 of the Convention. Dose limits applied to workers not directly engaged in radiation work. The Committee notes with respect to Northern Ireland that, under paragraph 60 of the Approved Code of Practice (ACoP), the dose limit for workers not directly engaged in radiation work is 1 mSv a year, which is in accordance with the 1990 ICRP recommendation.

3. Articles 9 to 12. Appropriate warnings to indicate presence of hazards, notification, appropriate monitoring and medical surveillance. The Committee notes with respect to Northern Ireland that regulation 18(1) of IRR(NI) 2000 provides that employers shall ensure appropriate warnings to indicate the presence of hazards. It further notes that regulation 6 regulates notification, that regulations 19 and 21 of IRR(NI) 2000 provides for appropriate monitoring requests and that regulation 24 provides for medical examination, all in accordance with the Convention.

4. Article 14. Providing alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to ionizing radiation is medically inadvisable. The Committee notes that regulation 24(6) of IRR 99 applicable to Great Britain and regulation 24(6) of IRR(NI) 2000 applicable to Northern Ireland provide that an employer shall not permit a worker to continue to work with ionizing radiation where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure 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 provide information in this respect in its next report.

5. Article 15. Labour inspection. The Committee notes the Government’s statement that, with respect to Northern Ireland, the labour inspection service operates in a similar way to those in Great Britain. The Committee requests the Government to provide detailed information with its next report on a general appreciation of the manner in which the Convention is applied in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1 of the Convention. Giving effect to the Convention. With regard to Northern Ireland, the Committee notes with interest the adoption of the Ionizing Radiations Regulations (Northern Ireland) 2000 (Statutory Rule No. 375 of 2000) (IRR(NI)), which came into force on 8 January 2001, replacing the Ionizing Radiations Regulations (Northern Ireland) 1985. It further notes with interest the Government’s statement that the Health and Safety Commission, with the consent of the Minister of State for the Environment, Transport and the Regions of Northern Ireland, has adopted the Approved Code of Practice (ACoP) "Work with ionizing radiation" applicable to Great Britain and that Northern Ireland does not intend to produce a separate code of practice. The Committee notes in this respect that the ACoP has a special legal status and may be relied upon in a court of law and that employers, workers’ representatives and other interested parties are consulted during the development of an ACoP, in the same way as for regulations, in accordance with the Convention.

3. Articles 3, paragraph 1, and 6, paragraph 2. Permitted dose limits. With respect to Northern Ireland, the Committee notes with interest that Regulation 11 of the IRR(NI) 2000, together with paragraphs 1 and 2 of Schedule 4, Parts I and II, establishes dose limits for exposure to ionizing radiation which reflect the recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 to which the Committee referred in its 1992 general observation under the Convention. The Committee also notes with interest Regulation 8(5)(a) of the Ionizing Radiation Regulations 1999 (IRR) under which women workers, once the pregnancy is declared, shall not be exposed to more than 1 mSv per year during the remainder of the pregnancy, in accordance with the ICRP recommendations. With respect to Northern Ireland, the Committee notes with interest Regulation 8(5)(a) of the IRR(NI) 2000 providing the same protection for pregnant women as for Great Britain.

4. Article 7, paragraph 2. Young workers under the age of 16 years. With respect to the general prohibition of engaging workers under the age of 16 years in work involving ionizing radiations, as required by the Convention, the Committee notes the Government’s statement that it still intends, in consultation with the social partners, to introduce a general prohibition to engage workers under the age of 16 years in radiation work "when an appropriate legislative opportunity arises". The Committee, having previously urged the Government to take appropriate action to ensure the full application of this Article, hopes that this will be undertaken in the very near future and requests the Government to provide precise information in this respect in its next report. With respect to Northern Ireland, the Committee notes that Regulation 11 and Schedule 4, Regulation 11, Part I, Regulation 6 of the IRR(NI) provide that the effective dose for workers below the age of 16 shall not exceed 1 mSv in any calendar year. In this respect, the Committee recalls its comments on the legislation applicable to Great Britain and asks the Government to take appropriate action, in consultation with the social partners, towards the incorporation of a general interdiction to engage workers under the age of 16 years in radiation work in Northern Ireland, in conformity with this Article of the Convention. The Government is requested to provide information in this respect in its next report.

5. Article 13. Emergency work. The Committee notes with interest the adoption of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (Statutory Instrument No. 2975 of 2001), which entered into force on 20 September 2001. It notes the obligation on employers to prepare an emergency plan (Regulation 7). The Committee notes, however, that "emergency exposure" under Regulation 2 (interpretation) is defined as "to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods". The Committee recalls the indication provided under paragraphs 16 to 27 and 35(c)(iii) of its 1992 general observation under the Convention and to paragraphs V.27 and V.30 of the International Basic Safety Standards, where it is explained that, according to the ICRP, the strict definition of circumstance in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed covers only situations of "immediate and urgent remedial work", thus exceptional exposure of workers may not be invoked to justify avoiding the "loss of valuable property". The Committee requests the Government to provide information in its next report on measures taken or envisaged to amend the definition of "emergency exposure" in order to fully apply the Convention. Furthermore, the Committee notes the obligation of medical surveillance to be carried out without delay in the event of a radiation emergency (Regulation 14(1)(d)) and that the competent authority, in this case, the Health and Safety Executive, shall be notified "without delay" (Regulation 13(1)). The Committee requests the Government to provide information in its next report on the interpretation of "without delay" in respect of medical examination and notification to the competent authority.

6. With respect to Northern Ireland, the Committee notes with interest the adoption of the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001, providing for employers’ obligation to prepare an emergency plan (Regulation 7). However, the Committee notes that "emergency exposure" under Regulation 2 (interpretation) is defined as "to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods". The Committee recalls the reference made above with respect to Great Britain and requests the Government to provide information on measures taken or envisaged to amend the definition of "emergency exposure". Furthermore, the Committee notes the obligation of medical surveillance to be carried out without delay in the event of a radiation emergency (Regulation 14(1)(d)) and that the competent authority, in this case the Health and Safety Executive, shall be notified "without delay" (Regulation 13(1)). The Committee requests the Government to provide information in its next report on the interpretation of "without delay" in respect of medical examination and notification to the competent authority.

7. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its observation, the Committee would draw the Governments attention to the following points:

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest that Regulation 11 of the Ionizing Radiations Regulations No. 3232 of 1999 (IRR 99), in conjunction with paragraphs 1 and 2 of Schedule 4, Part I and II to Regulation 11 establishes dose limits for exposure to ionizing radiation which reflect the Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 to which the Committee referred in its 1992 general observation under the Convention. However, with regard to exposure limits for women of reproductive capacity, paragraph 5 of Schedule 4, Part I to Regulation 11 of IRR 99 prescribes a limit on equivalent dose for the abdomen of a woman of 13 mSv in any consecutive period of three months. In this respect, the Committee would draw the Government’s attention to paragraph 13 of its 1992 general observation under the Convention where it referred to the 1990 Recommendations of the ICRP as well as to section 5.4.4 read together with 4.1.5 and 4.1.3 of the ILO code of practice of 1986 providing for special dose limits for pregnant women directly engaged in radiation work. It is explained that, although no special limits are provided on exposure and intake for the women concerned before pregnancy is declared, women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv per year. Once the pregnancy has been declared, the unborn child should be protected by applying a supplementary equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv for the remainder of the pregnancy. The Committee accordingly requests the Government to indicate the measures taken or contemplated to adapt the respective dose limits found in the national legislation to those of the Recommendations adopted by the ICRP in 1990 to ensure effective protection of women workers of reproductive capacity.

2. Article 8. The Committee notes that paragraph 60 of the Approved Code of Practice (ACOP) provides for restriction of exposure by means of control measures for workers who are not normally exposed to ionizing radiation in the course of their work in order to make it unlikely that such persons would receive an effective dose greater than 1 mSv per year or an equivalent dose which exceeds that specified as a dose limit for any other person in Schedule 4, which is also 1 mSv. The Committee understands from the above that the dose limit of 1 mSv, as indicated in the ACOP, is not intended as a fixed value, but rather an indicative value. It would therefore once again draw the Government’s attention to section 5.4.5 of the ILO code of practice of 1986 and the 1990 ICRP Recommendations, providing that the dose limits applied to workers not directly engaged in radiation work should be those applied to individual members of the public, namely 1 mSv. It points out that these dose limits are fixed values which should in no case be exceeded. The Committee requests the Government to clarify this provision of the ACOP to ensure that the established dose limits must be observed and cannot be exceeded so as to guarantee effective protection of non-radiation workers in the light of current knowledge.

With regard to "outside workers", the Committee notes the Government’s indication that the Ionizing Radiations (Outside Workers) Regulations, 1993 (IRR 93), have been incorporated into the Ionizing Radiations Regulations, 1999. Pursuant to the definition given in Regulation 2 of IRR 99, an outside worker means a classified person who carries out services in the controlled area designated by another employer. Hence, the exposure limits established for radiation workers are also applicable to this category of workers.

3. Article 13. Occupational exposure during and after an emergency. The Committee notes the Government’s indication that the legislative work on the Radiation (Emergency Prepared and Public Information) Regulations has been delayed, but that it is hoped to make the regulations later in the year 2000. The Committee requests the Government to indicate whether the above regulations have been adopted in the meantime and, if that is the case, to supply a copy of them to the ILO.

4. Article 14. Alternative employment. The Committee notes the information supplied by the Government in reply to its previous comments concerning Article 14 of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the adoption of the Ionising Radiations Regulations No. 3232 of 1999 (IRR 99), which replace the Ionising Radiations Regulations of 1985, except for the regulation 26 on special hazard assessments. It further notes with interest the code of practice designed to give guidance on the above Regulations, which has been approved by the Safety and Health Commission (HSC) with the consent of the Minister of State for the Environment, Transport and the Regions and came into force on 1 January 2000. In this respect, the Government indicates that the Approved Code of Practice (ACOP) has a special legal status and may be relied upon in a court of law. With regard to regulations on work with ionizing radiation in Northern Ireland, the Committee notes the Government’s indication that regulations equivalent to the Ionizing Radiations Regulations No. 3232 of 1999 are presently in preparation. The Committee hopes that the revision of the Regulations on Ionizing Radiations 273/1985 (Northern Ireland) will be accomplished in the near future in order to guarantee equivalent levels of protection in the whole country. It requests the Government to provide information, in its next report, of any progress achieved in this respect.

Article 7, paragraphs 1 and 2, of the Convention. The Committee notes that, by virtue of regulation 19, paragraph 2(c), in conjunction with its paragraph 3, young persons below the age of 18 years are precluded from employment for work involving harmful exposure to radiation, except where it is: (i) necessary for training; (ii) the young person will be supervised by a competent person; and (iii) any risk will be reduced to the lowest level that is reasonable and practicable. It further notes that Regulation 11, paragraph 1 of the IRR 99, in conjunction with paragraph 3, of Schedule 4, Part I, to Regulation 11, fixes the dose limits of exposure to ionizing radiations for trainees aged under 18 years at 6 mSv per year. However, with regard to possible exposure to ionizing radiations, the Committee recalls that Article 7 of the Convention distinguishes between young persons under the age of 18 years (Article 7, paragraph 1(b))and workers under the age of16 (Article 7, paragraph 2). According to Article 7, paragraph 1(b), of the Convention read in the light of the explanations given in paragraphs 4.1.5 and 4.3.1.(b) of the ILO code of practice on radiation protection of workers (ionizing radiation), the dose limit of exposure to ionizing radiations for young persons under 18 years of age is three-tenth of the dose limits established for radiation workers, thus 6 mSv per year. While Article 7, paragraph 2, of the Convention provides for a general interdiction to engage young persons under the age of 16 in work involving exposure to ionizing radiations, the above dose limit applies only to young persons between the age of 16 and 18. In its report, the Government indicates that the IRR 99 implements the European Directive 96/29/EURATOM concerning basic safety standards and provides a high level of protection for workers under 16 whilst allowing them to take part in approved work experiences schemes, which play an invaluable role in preparing young people for the world of work, and at the same time ensures that they are not able to work in industrial undertakings which would result in significant exposure to ionizing radiation. Furthermore, the Government believes that the protection provided by IRR 99 and MHSWR 99 is sufficient to provide adequate protection for young persons under the age of 16. The Government however recognizes that the actual legislation in force does not provide a complete interdiction to engage workers under the age of 16 in work involving ionizing radiations as required by the Convention. The Government will therefore reconsider its position and consult with the social partners on the question of a general interdiction. The Committee, taking due note of this information, urges the Government to take appropriate action, in consultation with the social partners, towards the incorporation of a general interdiction to engage workers under the age of 16 in radiation work into national legislation, in conformity with this Article of the Convention.

The Committee raises certain points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. Further to its observation, the Committee would like to draw the Government's attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government's indication to the effect that the revised European Basic Safety Standards Directive (96/92/EURATOM), adopted on 13 May 1996, reflects the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) to which the Committee referred in its 1992 general observation under the Convention. Article 55 of the EURATOM Directive 96/92 provides for its implementation at national level by 13 May 2000. In this respect, the Consultative Document, containing proposals to revise the Ionizing Radiations Regulations, has been issued by the Health and Safety Commission in 1998. The Committee further notes that the exposure level indicated in article 9 of this EURATOM Directive and those indicated in Schedule 4B of the Consultative Document are in conformity with the new permissible levels of 20 mSv/year, averaged over five years, but not exceeding 50 mSv in any single year, as recommended by the ICRP for exposed workers. The Committee hopes that the implementing legislation will be in force by the due date for implementation of the Directive, 13 May 2000. The Committee accordingly requests the Government to supply a copy of the implementing legislation as soon as it becomes effective.

2. Article 8. The Committee notes that according to Schedule 4B, No. 1, of the abovementioned Consultative Document, the dose limit of 20 mSv/year applies to any employee. Thus, no distinction is made between workers directly exposed to ionizing radiation and those workers not directly engaged in radiation work. In this respect, the Committee would like to draw the Government's attention to section 5.4.5 of the ILO code of practice of 1986 and to the 1990 ICRP Recommendations, providing that the dose limits applied to workers not directly engaged in radiation work should be those applied to individual members of the public, which is 1 mSv/year. The Committee further notes that the Government had already indicated in its 1986 report that the dose limit for workers not directly engaged in work with ionizing radiation is one-tenth of the limit applicable to those workers who do work with ionizing radiation. According to the previous reports of the Government, this limit remained unchanged. One-tenth of the maximum permissible level (20 mSv/year) would be 2 mSv/year and thus two times higher than the dose limit recommended by the 1990 ICRP Recommendations (1 mSv/year).

As concerns the category of workers who are classified as "persons employed by an outside undertaking which undertakes activities of any sort in the controlled area of any operator other than the controlled area of the employing outside undertaking", so-called outside workers, the Ionizing Radiations (Outside Workers) Regulations, 1993, and the "Approved Code of Practice -- Protection of outside workers against ionizing radiations", 1994, implementing the European Directive 90/641/EURATOM, do not contain any new provisions on dose limits. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to apply the dose limits for public exposure also to workers not directly engaged in radiation work, as recommended by the ICRP in 1990.

3. Article 13. Occupational exposure during and after an emergency. The Committee notes the information supplied by the Government on the incorporation of the revised EURATOM Basic Safety Standards Directive (96/92/EURATOM) into national legislation as well as the ongoing legislative work on the Radiation (Emergency Preparedness and Public Information) Regulations. The Committee hopes that the Government will soon be in a position to report on progress made towards the adoption of the new Regulations. It requests the Government to supply a copy of the relevant Regulations as soon as adopted.

4. Article 14. Alternative employment. The Committee notes the Government's indication that workers who are forced to give up their established occupation on legitimate health grounds have access to training and placement services and social security benefits available to all jobseekers. The Committee would ask the Government to provide additional information whether these workers get special assistance in finding an alternative employment.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its latest report. It notes in particular the Government's indication that it plans to revise the national legislation as necessary in order to implement the European Directive 96/92/EURATOM and that in this context a Consultative Document was published in 1998 containing proposals for revised Ionizing Radiations Regulations.

1. Article 7, paragraph 2. In its previous comments, the Committee had drawn the Government's attention to the lack of regulatory or legislative provisions expressly prohibiting that persons under 16 years of age are engaged in work involving exposure to ionizing radiations. In this regard, the Government had indicated that the explicit prohibition would be incorporated in the context with the revision of the Ionizing Radiations Regulations, 1985. In its last report the Government had indicated that, as the Basic Safety Standards Directive (96/92/EURATOM) did not expressly forbid young people under the age of 16 to work with ionizing radiations, the draft legislation only provides for a reduced dose limit of 1mSv/year. According to the Government, this ensures that young persons under the age of 16 will not be able to work in industrial undertakings which would result in significant exposure to ionizing radiation and this does however allow them to take part in approved work experience schemes which play an invaluable role in preparing young people for the world of work. The Committee therefore recalls once again that Article 7, paragraph 2, of the Convention provided for a general interdiction to engage young persons under the age of 16 in work involving ionizing radiations. The Committee trusts that the Government will take appropriate action towards the incorporation of a general interdiction to engage workers under the age of 16 in radiation work.

2. The Committee raises certain points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. With reference to its 1992 General Observation on this Convention and its previous direct request, the Committee notes the Government's information in its report that preparations have commenced for a revision of the Ionizing Radiation Regulations 1985, and that dose limits under these Regulations will be amended when the 1990 Recommendations of the International Commission on Radiological Protection are incorporated into a revised Euratom Directive likely to be adopted during 1995. The Committee notes with interest that pending the revision of the 1985 Regulations, the Health and Safety Commission has approved the Code of Practice (Part 4) entitled "Dose limitations - Restriction of exposure", providing additional guidance on Regulation 6 of the Ionizing Radiation Regulations 1985, on appropriate actions to keep doses as low as reasonably practicable and to control doses received by individual workers, as an interim measure. The Committee hopes that the Government will soon be in a position to provide information on the provisions adopted, in the light of the 1990 Recommendations of the International Commission on Radiation Protection (ICRP Publication No. 60), and the 1994 International Basic Safety Standards, and that it will supply a copy of the Regulations as amended.

2. Article 7, paragraph 2. In its previous direct request, the Committee had once again drawn the Government's attention to the lack of regulatory or legislative provisions expressly prohibiting persons under 16 years of age from being engaged in work involving ionizing radiations, and asked for information on progress made in this regard. The Committee notes with interest the assurance of the Government in its report that the explicit prohibition of the employment of persons under 16 years of age in work involving ionizing radiations will be incorporated into the revision of Ionizing Radiation Regulations 1985, and looks forward to learning of the adoption of that amendment.

3. Article 8. The Committee notes with interest the adoption and coming into force of the Ionizing Radiations (Outside Workers) Regulations 1993, which provide for the operational protection of outside workers exposed to the risk of ionizing radiation during their activities in controlled areas. The Committee hopes that the Government will provide information in its next report on the application of these Regulations in practice.

4. Emergency exposure situations. In its previous direct request the Committee noted that there were no special dose limits set for accident and emergency situations in the Ionizing Radiation Regulations 1985, and asked for an indication of steps taken in relation to the matters raised in paragraphs 16 to 27 and 35(c) of its 1992 General Observation, concerning the limitation of occupational exposure during and after an emergency. The Committee notes the Government's information in its report that the conclusions of a currently ongoing revision of its legislation concerning accident preparedness will be incorporated into the revision of the Ionizing Radiation Regulations 1985. It also notes that this revision will take into account the 1990 Recommendations of the ICRP, the 1994 International Basic Safety Standards, and the Euratom Basic Safety Standards Directive when adopted, and will set out different permissible levels of exposure for practice and for emergency situations. Recalling that protection against accidents and emergencies should encompass the justification of practices which may give rise to emergencies, the optimization of protection during accidents and emergency work, and a strict definition of emergency tasks for which normal dose limits may be exceeded, the Committee hopes that the Government will provide information on the provisions adopted and that it will supply a copy of the Regulations as amended.

5. The provision of alternative employment. With reference to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 General Observation on the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

6. The Committee notes the indication in the Health and Safety Commission Statement on Radiation Protection in the United Kingdom that a report on trends in occupational exposure since 1986, based on CIDI data, was to be published in the summer of 1993. The Committee requests the Government to provide a copy of this report.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention. With reference to its General Observation under this Convention, the Committee notes with interest the indication given in the Government's report for the period ending 30 June 1990 that the current dose limits set out in the Ionising Radiations Regulations of 1985 will be amended when the new recommendations made by the International Commission on Radiological Protection have been incorporated into a revised Euratom Directive. The Committee hopes that the necessary action will soon be taken, in accordance with Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, to bring national legislation concerning the protection of workers against ionising radiations, including limits of maximum permissible exposure to ionising radiations into conformity with current knowledge as embodied in the 1990 recommendations of the ICRP, and that the Government will indicate in its next report the progress made in this regard.

II. In its previous direct requests, the Committee had drawn the Government's attention to the fact that no regulatory or legislative provision existed to prohibit persons under 16 years of age from being engaged in work where they would be exposed to ionising radiations, as required by Article 7, paragraph 2. The Government has again stated that, although no specific measures have been taken in this regard, children under 16 years of age cannot be employed in industrial undertakings involving ionising radiations. The Committee notes the Government's indication that an express prohibition of the employment of persons under 16 years of age in work involving ionising radiations will be incorporated into the Ionising Radiations Regulations when they are revised to take into account the new ICRP recommendations. The Committee trusts that the necessary measures will be taken in the near future in order to bring legislation into conformity with this Article of the Convention and requests the Government to supply information in its next report on the progress made in this regard.

III. As concerns its General Observation of 1987 concerning special measures and dose limits fixed for intervention in abnormal situations, the Committee notes with interest from Annex I to the Report of the Working Group on Ionising Radiations for 1987-88 entitled "Report on Emergency Dose Limitation in Radiation Accidents" that worker emergency dose levels of up to 100 mSv and, for life-saving actions by volunteers, a maximum of 0.5 Gy (approximately 500 mSv) are prescribed in emergency plans at nuclear installations.

The Committee also notes the indication in the Working Group's Report that there are no special dose limits set for accident or emergency situations in the Ionising Radiation Regulations; the annual limit of 50 mSv for workers remains the standard. Paragraph 13 of Annex I states that "plans may need to include a more careful form of words defining the circumstances in which such worker emergency dose levels could be allowed". In this regard, the Committee would draw the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention concerning the limitation of occupational exposure during and after an emergency. The Government is requested to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the General Observation, in particular, as concerns paragraph 35(c).

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee has taken note, from the Government's report, of the adoption of the Ionising Radiations Regulations of 1985, S/No. 133, and the Code of Practice for the protection of persons against ionising radiation arising from any work activity, 1985.

Article 7, paragraph 2, of the Convention. The Committee recalls that in previous direct requests it had drawn the Government's attention to the fact that no regulatory or legislative provision existed to prohibit persons under 16 years of age from being engaged in work where they would be exposed to ionising radiations. The Government's previous reports indicated that in practice no persons under 18 years of age were employed in such work and the Committee had expressed the hope that a future revision of the Code or Regulations would include an express prohibition to employ persons under 16 years of age, in compliance with this paragraph of the Convention. The Committee notes that neither the newly adopted Code nor the new Regulations prohibit persons under the age of 16 from engaging in work involving exposure to ionising radiations as required by the Convention. Please indicate any measures taken or envisaged to expressly lay down such a prohibition.