Radiation Protection Convention, 1960 (No. 115) - Sri Lanka (Ratification: 1986)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Legislation. Consultations with representatives of employers and workers. The Committee notes the Government’s indication in its report that the previous Atomic Energy Authority Act No. 19 of 1969 has been replaced by Sri Lanka Atomic Energy Act No. 40 of 2014. The Committee notes, however, that the Government provides no information on whether the Regulations on Ionizing Radiation Protection of the Atomic Energy Safety Regulations No. 1 of 1999 (the Regulations) are still in force. The Committee also notes that while the Atomic Energy Act contains provisions ensuring consultation with the public and other stakeholders about the regulatory process and the safety, health and environmental aspects of regulated practices, it does not indicate the efforts made to consult with representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to (i) confirm if the Regulations are still in force, and (ii) provide detailed information on the manner in which employers’ and workers’ representatives are consulted in applying the provisions of the Convention.

Articles 6 and 7. Maximum permissible dose limits. The Committee notes that the maximum permissible dose limits of ionizing radiations, set under Annex III of the Regulations, for the lens of the eye of the workers is set at an equivalent dose of 150 mSv in a year and for young workers between the age of 16 and 18 years this limit is set at 50 mSv in a year. The Committee notes that these limits are higher than those recommended in 2014 by the International Commission on Radiological Protection (ICRP). As recalled by the Committee in its 2015 General Observation, the ICRP recommends the limits to be set at an equivalent dose to the lens of the eye of 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year, and for students aged 16 to 18 who use sources in the course of their studies, the limits are an equivalent dose to the lens of the eye of 20 mSv in a year . The Committee recalls that Article 6, paragraph 2, of the Convention calls for these maximum doses to be kept under constant review in the light of current knowledge and requests the Government to indicate the measures taken or envisaged to revise the exposure limits in light of the 2014 ICRP recommendations.

Article 12. Medical examination. The Committee notes that the Regulations include provisions for health surveillance based on the general principles of occupational health and designed to assess the initial and continuing fitness of workers for their intended tasks. The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals.

Article 14. Alternative employment. The Committee notes that the Atomic Energy Act includes a provision providing compensation to radiation workers for any injury, illness or damage caused due to exposure to ionizing radiation. The Committee, however, also notes that the Act does not include provision ensuring that suitable alternative employment opportunities are provided to workers who have accumulated exposure beyond which an unacceptable risk of detriment to their health is to occur. The Committee accordingly requests the Government to indicate the measures taken to ensure the assignment to suitable 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 could be subject to occupational exposure.

Direct Request (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, and in particular to the request for information contained in paragraph 30 thereof.

Legislation. With reference to its previous comments, the Committee notes the information provided by the Government in its report that new legislation has been drafted to give effect to the Convention, and that it has not yet been passed by the Parliament. The Committee hopes that the draft legislation will be passed soon by the Parliament, and requests the Government to provide a copy, once it is adopted.

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

With reference to its previous comments, the Committee notes the information provided in the Government's latest report indicating that the Atomic Energy Authority (AEA) is in the process of drafting new legislation to replace the current Atomic Energy Act No. 19 of 1969. The Committee notes that the Government has indicated the intention to include regulations, as required by Article 1 of the Convention, in the new law. The Committee also notes the Government’s response indicating that the AEA is planning to develop procedures for mitigating nuclear and radiological emergencies in two separate documents: a manual for first responders to radiological emergencies, drafted and attached to the Government’s report; and procedures for dealing with nuclear emergencies in neighbouring countries, to be drafted in collaboration with the International Atomic Energy Agency. The Committee hopes that in the course of drafting new legislation, due account will be taken to the need to take measures to give full effect to the Convention, including making provision for consultation with representative employers and workers by the competent authority when applying provisions of the Convention and requests the Government to transmit all relevant documents for the application of the Convention once they have been adopted.

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 Government’s response indicating that there is no provision under the current Atomic Energy Act to impose requirements on employers regarding alternative employment or maintenance of income during temporary disablement of workers in case of overexposure to radiation, but that a proposal to ensure the income and alternative employment opportunities for workers exposed to ionising radiation is under consideration. The Committee hopes that in the course of drafting the abovementioned legislation, due account will be taken to the need to ensure that suitable alternative employment opportunities, not involving exposure to ionising radiations, be provided for workers having accumulated an effective dose beyond which detriment to their health considered unacceptable is to arise, as well as for pregnant women, who may be faced with the dilemma that protecting their health means losing their employment.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government on the number of workers registered with the authority for personal dosimetry service who are considered as radiation workers; the frequency of inspections; and duration of licenses issued. The Committee also notes the labour inspection report and conclusions attached to the Government’s report. The Committee asks the Government to continue to provide information on the number of workers exposed to radiation in the course of their work, the number and nature of the contraventions reported and the number, nature and cause of the accidents reported.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government with regard to Articles 2 and 11 of the Convention. The Committee would draw the Government’s attention to the following points.

1. Article 1 of the Convention. Consultations with representatives of employers and workers on measures to be taken in application of the Convention. The Committee notes the Government’s indication that the Atomic Energy Authority (AEA) took the decision to amend the basic regulations in order to include further requirements related to radiation protection, which are not yet reflected in the Regulations on Ionizing Radiation Protection of the Atomic Energy Regulation No. 1 of 1999. The Committee further notes that the AEA, being the competent authority, "would take the necessary steps to include this provision in the regulations". Given the context of the Government’s indication, the Committee understands that the AEA intends to integrate in the above Regulations the requirement to hold consultations with the representatives of employers and workers on measures to be taken in application of the provisions of this Convention. The Committee nevertheless requests the Government to either confirm its understanding, or, to specify the kind of provision that would be included to the Regulations on Ionizing Radiation Protection of the Atomic Energy Regulation No. 1 of 1999.

2. Article 14. Alternative employment. The Committee notes the provision of article 4(D) of the Workmen’s Compensation Ordinance No. 19 of 1934, pursuant to which workers with temporary disablement, whether total or partial, resulting from an occupational injury, are entitled to a half-monthly payment during the period of disablement, but no longer than five years. To the Committee’s understanding, workers with temporary disablement are entitled to a benefit equivalent to half of his former salary. The Committee hence would draw the Government’s attention to paragraphs 32 and 33 of the Committee’s 1992 general observation under the Convention, where it is indicated that every effort must be made to provide the workers whose continued assignment to work involving exposure to ionizing radiations is contra-indicated for health reasons with suitable alternative employment or to maintain their income through social security measures or otherwise. This principle derives from the general provision of Article 3, paragraph 1, of the Convention, requiring that in the light of knowledge available at the time, all appropriate steps should be taken to ensure effective protection of workers, as regard their health and safety, against ionizing radiations. In the light of these indications, the Committee considers that the payment of benefits equivalent to half of the worker’s monthly salary for a period, which may not exceed five years, might not be compatible with the requirement to ensure effective protection of workers exposed to ionizing radiations in the course of their work due to the fact that the benefits to be paid under the above Ordinance of 1934 are limited in time, so that the worker concerned may be faced with the dilemma that protecting their health means losing their income. In this respect, the Committee, however, notes the indication of the Atomic Energy Authority (AEA) that it would request the Ministry of Labour "to find a possibility of imposing these requirements in its proposed regulations". The Committee accordingly hopes that the Government will take the necessary measures, in a near future, to provide workers, who have accumulated exposure beyond which an unacceptable risk of detriment to their health is to occur, with suitable alternative employment opportunities to ensure effective protection of them.

3. In its previous direct request, the Committee had noted the Government’s intention to prepare procedures and a code of practice dealing with interventions due to emergency situations. Given that the Government does not refer to this issue in its report, the Committee requests the Government to indicate whether action has been taken yet to proceed to the adoption of the above procedures and code of practice. It further requests the Government to keep the Office informed on every progress accomplished on the matter, and to supply a copy of the code of practice and related procedures once they have been issued.

4. Part V of the report form. Practical application. The Committee requests the Government to supply, with its next report, information on the manner in which the Convention is applied in the country, including, for example, extracts from the reports of the inspections services, and, if such statistics are available, information on the number of employed persons covered by the radiation protection legislation.

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

With reference to its observation on the Convention, the Committee draws the Government’s attention to the following points.

1. Article 1 of the Convention. The Committee notes that section 8 of the Regulations on Ionizing Radiation Protection of the Atomic Energy Safety Regulations No. 1 of 1999 empowers the Atomic Energy Authority to prepare and implement codes of practice and related procedures on radiation protection for different applications upon fulfilment of these Regulations. With regard to the requirement to hold consultations with the representatives of employers and workers on the measures to be taken in application of the Convention, the Government indicates that there is no enabling law to persuade the Atomic Energy Authority to carry out such consultations. However, in practice the Atomic Energy Authority consults the representatives of employers and workers to whom the law, regulations and codes of practice or other procedures elaborated by the Atomic Energy Authority apply. The Committee therefore invites the Government to establish a legal basis rendering such consultations obligatory in order to ensure that it is not left to the discretion of the Atomic Energy Authority to decide whether consultations with the representatives of employers and workers are held on matters related to the application of the Convention.

2. Article 2. The Committee notes that pursuant to section 2 of the above Regulations in conjunction with sections 18 to 20 of the Atomic Energy Act, the provisions of the Regulations are applicable to all activities involving exposure to, or likelihood of exposure to ionizing radiations and radioactive substances and to irradiating apparatus. Section 5 of the Regulations enumerates the practices and sources within a practice, which are exempted from the requirements of these Regulations owing to their limited doses of ionizing radiation. According to section 9, the exposures from K in the body (K=Kerma, which designates the sum of initial kinetic energies of all charged ionizing particles liberated by uncharged ionizing particles in a material of mass dm) are also excluded from the scope of application of the Regulations. Section 9 further provides that any other sources as may be determined from time to time by the Atomic Energy Authority could be excluded from the scope of application of the Regulations. The Committee accordingly requests the Government to indicate whether such a list has been established by the Atomic Energy Authority.

3. Article 11. The Committee notes that section 39(a) of the Regulations imposes an obligation on the Atomic Energy Authority to maintain an individual monitoring service for the purpose of monitoring the persons exposed to ionizing radiations in order to assess both the internal and external dose received by them. To this effect, section 39(b) prescribes that the employer is obliged to ensure that every radiation worker is equipped with an appropriate individual monitoring approved by the Atomic Energy Authority to measure his or her radiation dose. Section 40(a) of the Regulations provides, if appropriate, for the carrying out of internal monitoring services of radiation workers or another person to ascertain the internal radiation doses. However, there are no provisions providing for appropriate monitoring of the workplaces. In this respect, the Committee wishes to underline the importance of the workplace monitoring aiming to identify the environmental factors that may affect workers’ health in order to enable the assessment of any possible relation between later health impairment and exposure to ionizing radiations. The Committee therefore requests the Government to indicate the measures taken or contemplated with regard to the monitoring of workplaces.

4. Article 14. With regard to the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which detriment considered unacceptable is to arise, the Government indicates that in the case of overexposure to ionizing radiations, the Atomic Energy Authority informs the workers concerned about the level of his or her exposure and imposes on him or her a restriction period before recommencing radiation work. During this period, it is not possible for the worker concerned to find another employment as a radiation worker, since the database on dose records includes the national identity card numbers so that any attempt of the worker concerned will come to the notice of the Atomic Energy Authority through personal monitoring services. However, the Government does not indicate and the legislation does not contain any provision on the manner in which the income of the worker is maintained during that restriction period. The Committee therefore draws the Government’s attention to the explanations given in paragraphs 28 to 32 and 35(d) of its 1992 general observation under the Convention, and requests the Government to indicate the measures taken or envisaged to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued work involving exposure to ionizing radiations is found to be medically inadvisable. The Government is further requested to indicate the legal basis for imposing restriction periods on workers having accumulated an effective dose of ionizing radiations, which exceeds the dose limits established.

5. The Committee finally notes the Government’s indication that the procedures and the code of practice dealing with intervention situations are being prepared. The Committee, while noting that pursuant to section 8 of the Regulations of 1999 the Atomic Energy Agency is empowered to prepare and implement codes of practice and related procedures, hopes that the new code of practice and related procedures will reflect the dose limits for emergency situations based on the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). In this respect, the Committee once again draws the Government’s attention to the explanations provided in paragraphs 16 to 27 of its 1992 general observation under the Convention concerning the limitation of occupational exposure during and after an emergency, as well as to paragraph 35(c)(iii) concerning the strict definition of circumstances in which exceptional exposure of workers is to be allowed. The Committee further requests the Government to supply a copy of the code of practice and related procedures once they have been issued.

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

The Committee notes with satisfaction the adoption of the Regulations on Ionising Radiation Protection of the Atomic Energy Safety Regulations No. 1 of 1999, which came into force on 28 June 2000, whose section 30 in conjunction with Annex III reflect the Recommendations of the International Commission on Radiological Protection (ICRP) adopted in 1990 and thus applies Article 6, Article 7, paragraph 1, and Article 8 of the Convention.

Moreover, the Committee raises other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring to its observation on the Convention, the Committee requests the Government to supply further information on the following points.

1.  Article 1 of the Convention.  The Committee notes the information provided by the Government that it will take the necessary action to consult the workers’ and employers’ representatives with respect to measures for the application of the Convention. The Committee recalls that in a previous report, the Government has indicated that formal consultations have been curtailed due to the fact that there are only a few scientifically qualified representatives from the employers’ and workers’ organizations. It hopes that the Government has undertaken the necessary measures so that consultations will no longer be curtailed by reason of the lack of scientifically qualified representatives and that it will provide information on the measures that have so far been taken to ensure that workers’ and employers’ representatives are consulted in the application of the Convention.

2.  Article 7, paragraph 1, and Article 8.  While appropriate regulations provide that "no person shall employ any person under the age of 18 years as a radiation worker", the Committee, in its 1993 direct request, noted that neither the applicable nor the draft regulations contain provisions to prevent workers who are not radiation workers, but who pass through areas where they may be exposed to radiation, to be exposed to levels of radiation over an appropriate limit. The Committee requests the Government to indicate whether the dose limit for the general public will apply to such workers and how this is going to be enforced in practice.

3.  Article 13(a).  The Committee notes from the information supplied by the Government in its last report that it is the current practice of the Atomic Energy Authority to request medical examinations for radiation workers who are exposed to a dose of more than 50 mSv during the period of surveillance. Under the 1990 recommendations of the ICRP, the relevant dose limits for radiation workers is placed at 20 mSv per year, averaged over five years, with the further provision that the relevant dose limit should not exceed 50 mSv in any single year. The Committee trusts that the Government had taken this matter into consideration in the adoption of new regulations for radiation protection and hopes that it will supply further information on measures adopted to apply Article 13(a) of the Convention in the light of the 1990 recommendations of the ICRP.

4.  Article 14.  The Committee notes the information submitted by the Government that upon advice by the medical practitioner after examination of an exposed person, action is immediately taken by the authority to implement his recommendations. The Committee requests the Government to supply further information on this matter, particularly on the measures taken to ensure that the exposed worker shall not be accepted for employment in another establishment involving exposure to ionizing radiation, on the provisions adopted to obtain that, as reported previously, alternative employment is provided wherever possible, and on any benefits that a discharged worker is entitled to receive.

5.  The Committee notes the Government’s intention to revise the Code of Practice on Radiation Accidents so as to incorporate dose limits for emergency conditions based on the 1990 recommendations of the ICRP. In this regard, the Committee once again refers the Government to the explanations provided in paragraphs 16 to 27 of the 1992 general observation under this Convention, concerning the limitation of occupational exposure during and after an emergency. It requests the Government to indicate the steps taken or envisaged with respect to the protection against accidents and emergencies raised in paragraph 35(c), in particular subparagraph (iii), of the said general observation, concerning the strict definition of circumstances in which exceptional exposure of workers is to be allowed.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the information supplied by the Government in its report on the application of the Convention and the observations forwarded by the Ceylon Workers’ Congress.

In previous comments the Committee noted that the Atomic Energy Authority had drafted new regulations incorporating the 1990 recommendations of the International Commission on Radiological Protection (ICRP).

The Committee notes the Government’s indication in its report that dose limits for radiation workers and the general public as recommended by the ICRP will be put into effect after the new regulations are approved by the Ministry of Science, Technology and Human Resources Development and by Parliament. It also notes the indication by the Ceylon Workers’ Congress that by 1 August 1994, the draft amendments proposed by the Atomic Energy Authority were still with the legal draftsmen and further action to present them to the legislative could only be taken when they were received back at the Atomic Energy Authority, and that the Chairman, AEA, indicated that the comments made by the Committee of Experts in respect of Articles 1, 7, 12, 13(a), 13(c) and 14 had been taken into consideration.

The Committee hopes that new regulations ensuring the full application of the Convention will be adopted in the near future, and that the Government will soon be in a position to supply the text of the provisions adopted. It again addresses a direct request to the Government on certain points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Referring to its observation on the Convention, the Committee requests the Government to supply further information on the following points.

1. Article 1 of the Convention. The Committee notes the information provided by the Government that it will take the necessary action to consult the workers' and employers' representatives with respect to measures for the application of the Convention. The Committee recalls that in a previous report, the Government has indicated that formal consultations have been curtailed due to the fact that there are only a few scientifically qualified representatives from the employers' and workers' organizations. It hopes that the Government has undertaken the necessary measures so that consultations will no longer be curtailed by reason of the lack of scientifically qualified representatives and that it will provide information on the measures that have so far been taken to ensure that workers' and employers' representatives are consulted in the application of the Convention.

2. Article 7, paragraph 1 and Article 8 of the Convention. While appropriate regulations provide that "no person shall employ any person under the age of 18 years as a radiation worker", the Committee, in its 1993 direct request, noted that neither the applicable nor the draft regulations contain provisions to prevent workers who are not radiation workers, but who pass through areas where they may be exposed to radiation, to be exposed to levels of radiation over an appropriate limit. The Committee requests the Government to indicate whether the dose limit for the general public will apply to such workers and how this is going to be enforced in practice.

3. Article 13(a) of the Convention. The Committee notes from the information supplied by the Government in its last report that it is the current practice of the Atomic Energy Authority to request medical examinations for radiation workers who are exposed to a dose of more than 50 mSv during the period of surveillance. Under the 1990 recommendations of the ICRP, the relevant dose limits for radiation workers is placed at 20 mSv per year, averaged over five years, with the further provision that the relevant dose limit should not exceed 50 mSv in any single year. The Committee trusts that the Government had taken this matter into consideration in the adoption of new regulations for radiation protection and hopes that it will supply further information on measures adopted to apply Article 13(a) of the Convention in the light of the 1990 recommendations of the ICRP.

4. Article 14 of the Convention. The Committee notes the information submitted by the Government that upon advice by the medical practitioner after examination of an exposed person, action is immediately taken by the authority to implement his recommendations. The Committee requests the Government to supply further information on this matter, particularly on the measures taken to ensure that the exposed worker shall not be accepted for employment in another establishment involving exposure to ionizing radiation, on the provisions adopted to obtain that, as reported previously, alternative employment is provided wherever possible, and on any benefits that a discharged worker is entitled to receive.

5. The Committee notes the Government's intention to revise the Code of Practice on Radiation Accidents so as to incorporate dose limits for emergency conditions based on the 1990 recommendations of the ICRP. In this regard, the Committee once again refers the Government to the explanations provided in paragraphs 16 to 27 of the 1992 general observation under this Convention, concerning the limitation of occupational exposure during and after an emergency. It requests the Government to indicate the steps taken or envisaged with respect to the protection against accidents and emergencies raised in paragraph 35(c), in particular subparagraph (iii), of the said general observation, concerning the strict definition of circumstances in which exceptional exposure of workers is to be allowed.

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

The Committee notes the information supplied by the Government in its report on the application of the Convention and the observations forwarded by the Ceylon Workers' Congress.

In previous comments the Committee noted that the Atomic Energy Authority had drafted new regulations incorporating the 1990 recommendations of the International Commission on Radiological Protection (ICRP).

The Committee notes the Government's indication in its report that dose limits for radiation workers and the general public as recommended by the ICRP will be put into effect after the new regulations are approved by the Ministry of Science, Technology and Human Resources Development and by Parliament. It also notes the indication by the Ceylon Workers' Congress that by 1 August 1994, the draft amendments proposed by the Atomic Energy Authority were still with the legal draftsmen and further action to present them to the legislative could only be taken when they were received back at the Atomic Energy Authority, and that the Chairman, AEA, indicated that the comments made by the Committee of Experts in respect of Articles 1, 7, 12, 13(a), 13(c) and 14 had been taken into consideration.

The Committee hopes that new regulations ensuring the full application of the Convention will be adopted in the near future, and that the Government will soon be in a position to supply the text of the provisions adopted. It again addresses a direct request to the Government on certain points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes with interest the information provided in the Government's report according to which the Atomic Energy Authority has drafted new regulations incorporating the International Commission on Radiological Protection (ICRP) recommendations of 1990. The Committee hopes that the Government will adopt these regulations in the near future and that they will ensure the application of Article 3, paragraph 1, Article 6, Article 7, paragraph 1, and Article 12 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard.

2. Article 1 of the Convention. The Committee notes the Government's indication in its report that employers' and workers' representatives are consulted whenever possible, especially in the framework of educational programmes to promote occupational safety and health. The Government has further indicated that formal consultations have been curtailed due to the fact that there are only a few scientifically qualified representatives from the employers' and workers' organizations. The Committee would recall that this Article of the Convention provides that the competent authority is to consult with representatives of employers and workers in applying its provisions. The Committee hopes that the Government will take the necessary measures to ensure that workers' and employers' representatives are consulted with respect to the measures for the application of the Convention and requests the Government to indicate, in its next report, the progress made in this regard.

Article 7, paragraph 1. The Committee notes the indication in the Government's report that the new draft regulations pertaining to radiation protection categorically do not permit anybody under the age of 18 years to be employed as a radiation worker. In its previous comments, the Committee noted that Regulation 10(3) of the Atomic Energy Regulations also prohibited the employment of persons under 18 as radiation workers. It further noted, however, that section 6(2)(i)(a) provided that a person under the age of 18 could not be exposed to radiation exceeding 5 rem (50 mSv) per year. This would appear to permit persons under the age of 18, who may not be permitted to be "radiation workers" but may pass through areas where they might be exposed to radiation, to be exposed to levels of radiation up to 50 mSv (equivalent to the level previously set for adult radiation workers). Sections 4.1.5 and 4.3.1 of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiations) recommends that the limit set for persons under 18 should be three-tenths of the limit set for adults. The Committee hopes that the new draft regulations referred to by the Government will clearly set appropriate levels of radiation to which persons between the age of 16 and 18 can be exposed, in accordance with this Article of the Convention.

Article 12. The Committee notes from the Government's report that the new draft regulations contain provisions for medical examination of radiation workers at appropriate intervals which will be determined by the Atomic Energy Authority as soon as the regulations come into force. It hopes that medical examinations at regular intervals will be provided for radiation workers in the near future and requests the Government to indicate the frequency with which these examinations are to be carried out as determined by the Atomic Energy Authority.

Article 13(a). In its previous comments, the Committee noted that section 10(1)(b) of the Regulations enables the Atomic Energy Authority to request that a worker undergo a medical examination at any time. In its latest report, the Government has indicated that the Authority makes this determination based on the nature of exposure as and when it occurs. In this regard, the Committee would refer the Government to section 7.3.5 of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiations) which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits or before an individual is to return to radiation work, having been restricted from work on medical grounds following a radiation accident. The Government is requested to indicate whether workers are required to undergo medical examinations in such instances and to specify any other circumstances in which, because of the nature or degree of the exposure, a worker is requested, in practice, by the Authority to undergo a medical examination.

Article 13(c). The Committee notes that the new regulations provide that the radiation safety officer for an undertaking may be the licensee of the premises or a person employed by him. It further notes that, according to the Government's report, the Atomic Energy Authority decides on the competency or the suitability of the officer concerned and grants approval for him or her to function in that capacity. The draft regulations provide that the written duties and responsibilities of the radiation safety officer are subject to approval by the authority, but does not appear to require notification or authorization with respect to the individual chosen to be the radiation safety officer. The Government is requested to indicate the measures taken by virtue of which the Atomic Energy Authority has the power to grant approval for the appointment of radiation safety officers, thus to ensure that the conditions in which workers' duties are performed are examined by a person competent in radiation protection.

Article 14. The Committee notes from the Government's report that the Atomic Energy Authority carries out follow-up inspections to ensure that workers prohibited from being employed in radiation work under Regulation 10(2) of the Atomic Energy Regulations are not carrying out such work. It further notes that, under the new draft regulations, the medical practitioner must complete a record of the medical examination of radiation workers and send it to the Atomic Energy Authority. The Government is requested to indicate the manner in which, in practice, the medical practitioner communicates advice to the Authority on whether a worker should be employed in work involving exposure to ionizing radiations and the measures taken to ensure that the Authority does not act contrary to this advice.

4. The Government is referred to paragraphs 16 to 27 of the 1992 general observation under this Convention concerning the limitation of occupational exposure during and after an emergency and requested to indicate the steps taken or envisaged with respect to the protection against accidents and emergencies raised in paragraph 35(c), in particular subparagraph (iii), concerning the strict definition of circumstances in which exceptional exposure of workers is to be allowed.

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

The Committee has noted with interest the Government's first report. It also has noted the Government's report for the period ending 30 June 1990. It requests the Government to provide further information on the following points:

1. Article 1 of the Convention. The Committee requests the Government to indicate the manner in which employers' and workers' representatives are consulted in applying the provisions of the Convention.

2. Article 2, paragraph 1. Section 2 of the Atomic Energy Regulations for the use of Radioactive Material, Irradiating Apparatus and Transport of Radioactive Material (182/12 of 25 September 1975) (the "Regulations") provides that no person shall manufacture, produce, treat, store or use any radioactive material except under the authority of a licence issued by the Atomic Energy Authority. The Government, however, has indicated in its report that the categories of workers covered by the Convention are those employed in factories involving exposure to ionising radiation, as defined by section 53A of the Factories Ordinance. This would appear to exclude establishments such as hospitals, clinics and research institutions. In its declaration of ratification in accordance with Article 3, paragraph 3(c), of the Convention, the Government has indicated that the Convention applied to "radiation workers" as defined by Regulation No. 15 of the Atomic Energy Regulations which covers "any person who in the cause of his employment uses or handles or assists in using or handling any radioactive material" or any irradiating apparatus. It added that the Convention would, therefore, apply to workers employed at X-ray departments in the General Hospital and at the Cancer Institute in the Mineral Sands Corporation as well as workers engaged in checking on welding using radioactive materials. The Government is requested, therefore, to indicate whether the Convention is applied to all activities involving exposure of workers to ionising radiations in the course of their work as appears to be evident from its declaration under Article 3, paragraph 3(c), and Regulations 2 and 15 of the Atomic Energy Regulations or whether the Factories Law restricts the application of the Regulations to workers in factories.

3. Article 3, paragraph 1, provides that all appropriate steps shall be taken to ensure the effective protection of workers' health and safety against ionising radiation, in the light of knowledge available at the time. The Government is referred to the Committee's General Observation under this Convention which sets forth, inter alia, revised dose limits established on the basis of new physiological findings by the International Commission of Radiological Protection (ICRP) in its 1990 Recommendations (publication No. 60). The Government is requested to indicate the measures taken or envisaged in the light of this information as concerns the following Articles of the Convention:

(a) Article 6. The Committee notes that the maximum permissible dose limits of ionising radiations set by the Atomic Energy Authority in Regulation 6(2) and (3) of the Atomic Energy Regulations are higher than those now recommended by the ICRP. Furthermore, the Committee notes that the Regulations do not set any limit for exposure of pregnant women or direct exposure to the lens of the eye of workers. The Committee would recall that Article 6, paragraph 2, of the Convention calls for these maximum doses to be kept under constant review in the light of current knowledge and requests the Government to indicate the measures taken or envisaged to revise the exposure limits in light of the new recommendations.

(b) Article 7, paragraph 1, provides that appropriate levels shall be fixed for workers directly engaged in radiation work who are under the age of 18 and over the age of 16. The Committee notes that Regulation 10(3) of the Atomic Energy Regulations prohibits the employment of persons under 18 as radiation workers. Regulation 6(2)(i)(a) however, which applies to radiation workers, provides that a person under the age of 18 shall not be exposed to radiation exceeding 5 rem (50 mSv) per year. Fifty mSv per year is a multiple of the present average annual dose limit tolerated by the ICRP for adult radiation workers, which is 20 mSv (2 rems). Sections 4.1.5 and 4.3.1 of the ILO Code of Practice on the Radiation Protection of Workers (Ionising Radiations) recommends that where persons under 18 are admitted to radiation work, the limit set should be three-tenths of the limit set for adults. The Government is requested to indicate the measures taken to review the maximum permissible dose established for workers under 18 years of age with a view to ensuring effective protection of their health and safety.

(c) Finally, Regulation 6(3)(i) of the Atomic Energy Regulations sets a limit for workers not directly engaged in radiation work at 1.5 rems (15 mSv). The ILO Code of Practice recommends that the level of exposure to ionising radiations for workers not directly engaged in radiation work but who may in any event be exposed to radiation be the same exposure limits as those set for members of the general public. The ICRP recommends an annual dose limit for members of the public of 1 mSv, averaged over any five consecutive years. The Government is requested to indicate the measures taken or envisaged to revise the exposure limits for workers not directly engaged in radiation work in this regard.

4. Article 12. The Committee notes that Regulation 10(1) of the Atomic Energy Regulations provides for pre-employment medical examinations for workers to be employed in work involving exposure to ionising radiations and empowers the Atomic Energy Authority to require any person who is or has been a radiation worker to undergo a medical examination. The Government is requested to indicate the measures taken or envisaged by the authority to ensure that workers directly engaged in radiation work are provided with further medical examinations at appropriate intervals and to specify the frequency of these examinations.

5. Article 13. (a) The Committee notes that section 10(1)(b) of the Regulations enables the Atomic Energy Authority to request that a worker undergo a medical examination at any time. The Government is requested to specify the circumstances determined by the Authority in which, because of the nature or degree of the exposure, a worker shall undergo a medical examination.

(b) The Committee notes that Regulation 12 of the Regulations enables the Atomic Energy Authority to ensure that certain work involving the use of radioactive substances be carried out under the supervision of a radiation safety officer. As the Regulation indicates that the radiation safety officer may be the licensee of the premises or a person employed by him, the Government is requested to indicate the functions and responsibilities of the radiation safety officer and the manner in which it is ensured that such an officer is competent in radiation protection.

(d) The Committee notes that Regulation 7(3) and (5) provide for measures to be taken to prevent the spread of contamination and to decontaminate clothing, parts of the building and persons. The Government is requested to provide further information concerning remedial action which must be taken by the employer on the basis of technical findings and medical advice and to indicate, in particular, whether measures are taken to provide workers who have been exposed to levels of radiation exceeding the maximum permissible doses with alternative employment if continued exposure is medically inadvisable (see General Observation, paragraphs 28 to 34).

6. Article 14. The Committee notes that Regulation 10(2) of the Regulations provides that a person cannot be employed as a radiation worker if the Atomic Energy Authority disapproves of that person's employment or continued employment. The Government is requested to indicate the manner in which the Atomic Energy Authority ensures that a worker whose exposure to ionising radiations is contrary to qualified medical advice will not be employed on radiation work and to indicate whether alternative employment is provided in such instances.

7. Part II of the Regulations concerning Safe Transport of Radioactive Materials appears to be partly based on standards no longer recognised by the international community. The Government is referred to the International Atomic Energy Association Regulations of 1985 and the 1988 supplement for more current information on the safe transport of radioactive materials, in conformity with Article 3, paragraph 1, which calls for the effective protection of workers against ionising radiations in the light of current knowledge.