Radiation Protection Convention, 1960 (No. 115) - Bermuda

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

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.

Articles 1, 3(1), 6, and 10 of the Convention. Notification of work involving exposure of workers to ionizing radiation. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. The Committee notes the Government’s indication in its report that the Occupational Safety and Health (OSH) Regulations were adopted in 2009 pursuant to section 9(1)(j) of the OSH Act, following consultation with the Bermuda Advisory Council for Safety and Health. The Government states that Part 13 of the OSH Regulations deals specifically with electromagnetic radiation and the employers’ duty to ensure that radiation emitting devices are installed, inspected, tested, maintained and operated so as to be safe and without risks to the safety or health of employees. Section 156 of the OSH Regulations provides that, where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used at a place of employment, the employer shall: (a) so far as is reasonably practicable, ensure that the device is installed, inspected, tested, maintained and operated so as to be safe and without risks to the safety or health of employees; (b) implement the safety codes under section 157; (c) for certain listed devices, make a report to the Safety and Health Office describing the device and its location in the place of employment. Section 157 lists the following Health Canada Safety Codes as the applicable Codes for the purpose of section 156(b): 6, 20A, 23, 24, 25, 28, 29, 30, 31, 32 and 33. The Committee notes that these Codes establish annual recommended dose limits for workers. With reference to paragraphs 30 and 33 of its 2015 General Observation on the application of Convention No. 115, the Committee requests the Government to provide further information on the measures taken to review the maximum permissible doses established for workers, in light of current knowledge. In this respect, it requests the Government to provide further dose limits set for the lens of the eye and for pregnant and breastfeeding workers.

Articles 12 and 13(a). Medical examinations. The Committee notes that section 144(1)(e) of the OSH Regulations requires employers to identify any need for medical examinations, surveillance or other health protection measures for employees who are at risk of exposure to hazardous substances. According to section 9(1) of the OSH Regulations, the Minister may make regulations to require the making of arrangements to promote the health of persons at work, including arrangements for medical examinations and health surveys. The Committee requests the Government to provide information on the measures taken, including any separate regulations adopted, to ensure that all workers directly engaged in radiation work undergo an appropriate medical examination prior to or shortly after taking up such work and also to undergo further medical examinations at appropriate intervals subsequently, in accordance with Article 12 of the Convention.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Bermuda

The Committee takes note of the brief information contained in the Government’s last report in response to its previous comments. The Government indicates that the legislation remained unchanged, but that a Bermuda Radiation Safety Handbook has been published to provide technical guidance to the social partners. The Committee notes that paragraph 6 of the Handbook deals with regulatory limits of radiation exposure and that the dose limits indicated comply with the recommendations adopted by the International Commission on Radiological Protection (ICRP) and thus would give effect to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. In view of this fact and noting that sections 9(j) and 10 of the Health and Safety at Work Act of 1982, provide for the adoption of regulations and codes of practice on this subject, the Committee requests the Government to indicate the legal nature of the above Radiation Safety Handbook, i.e. to indicate whether the Handbook creates the legal obligation to act in accordance with the indications contained therein, including the observance of the exposure limits set forth under paragraph 6.

Further to its previous comments, the Committee requests the Government to provide information on inspections carried out in the field of radiation protection, in accordance with Article 15 of the Convention.

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:

1.  The Committee notes that, according to the information supplied by the Government, there are no activities in Bermuda other than medicine and dentistry involving occupational exposure to ionizing radiation. It asks the Government to continue to inform it of the development of any new activities since, under Article 2, the Convention applies to all activities.

2.  The Committee noted earlier that pursuant to sections 7 and 8 of the Radiation Act of 1972, regulations and recommendations may be adopted to provide for the protection of workers exposed to radiation. In addition, sections 9(j) and 10 of the Health and Safety at Work Act of 1982 allows the adoption of regulations and codes of practice on this subject. The Committee requests the Government to indicate whether implementing provisions have been adopted or are envisaged regarding protection against radiation. More generally and further to its previous direct request and its general observation of 1992, the Committee again asks the Government to indicate the measures taken or envisaged to ensure effective protection of the abovementioned workers against ionizing radiation and to fix maximum permissible doses and keep them under constant review in the light of current knowledge, in accordance with Article 3, paragraph 1, and Article 6 of the Convention.

3.  The Committee notes that, under the abovementioned Acts of 1972 and 1982, inspectors may investigate any violation thereof. The Committee asks the Government to supply information on inspections carried out in the field of radiation protection in the light of Article 15.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that, according to the information supplied by the Government, there are no activities in Bermuda other than medicine and dentistry involving occupational exposure to ionizing radiation. It asks the Government to continue to inform it of the development of any new activities since, under Article 2, the Convention applies to all activities.

2. The Committee noted earlier that pursuant to sections 7 and 8 of the Radiation Act of 1972, regulations and recommendations may be adopted to provide for the protection of workers exposed to radiation. In addition, sections 9(j) and 10 of the Health and Safety at Work Act of 1982 allows the adoption of regulations and codes of practice on this subject. The Committee requests the Government to indicate whether implementing provisions have been adopted or are envisaged regarding protection against radiation. More generally and further to its previous direct request and its general observation of 1992, the Committee again asks the Government to indicate the measures taken or envisaged to ensure effective protection of the above-mentioned workers against ionizing radiation and to fix maximum permissible doses and keep them under constant review in the light of current knowledge, in accordance with Article 3, paragraph 1, and Article 6 of the Convention.

3. The Committee notes that, under the above-mentioned Acts of 1972 and 1982, inspectors may investigate any violation thereof. The Committee asks the Government to supply information on inspections carried out in the field of radiation protection in the light of Article 15.

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

1. The Committee notes from the Government's latest report that medicine and dentistry are the only activities in Bermuda in which occupational exposure to ionising radiation occurs. The Committee requests the Government to continue to provide information in its future reports on any development of new activities involving the exposure to ionising radiations and on the measures taken to regulate such activities, in accordance with Article 2, paragraph 1, and Article 3, of the Convention.

2. The Committee notes from the Government's report that the application of this Convention is ensured by Environmental Health Inspectors appointed by the Ministry of Health. The Government is requested to provide detailed information in its next report on the powers and duties of the Environmental Health Inspectors with regard to the application of the Radiation Act of 1972 and to provide information on the qualification and training of these inspectors as requested under point III of the report form.

3. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

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

The Committee notes the Government's last report. It would be grateful if the Government would supply information on the nature of the activities in Bermuda which involve the exposure of workers to ionising radiations in the course of their work. Specifically, please indicate whether any workers are subject to exposure in activities other than medicine and dentistry, as Article 2 of the Convention applies to all activities.

The Committee further notes that pursuant to sections 7 and 8 of the Radiation Act of 1972, regulations and recommendations may be promulgated to provide for protection against ionizing radiations. It would be grateful if the Government would indicate whether any such regulations or recommendations have been promulgated and if so, please supply copies thereof. Also, please provide information on the measures taken to ensure supervision of the application of the provisions of the Act, in accordance with Article 15 of the Convention.