Radiation Protection Convention, 1960 (No. 115) - Latvia (Ratification: 1993)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 115 (radiation), 119 (guarding of machinery), 120 (hygiene (commerce and offices) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. In its previous comment, the Committee requested the Government to provide information on the results of the implementation of the Plan for the Development of the Labour Protection Field 2011–13 and the planning document of the Ministry of Welfare taking into account the situation in the country and the objectives and challenges in the context of the European Union Strategic Framework on Health and Safety at Work 2014–20. It notes that the Government indicates that the current National OSH Strategy is composed of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plan 2016–2018 and the Strategic Action Plan 2019–2020 and that its main objective is to reduce the number of serious and fatal occupational accidents, prevent occupational diseases and increase the level of public awareness of occupational safety and health. The Committee further notes the Government's indication that according to the informative report on the interim evaluation of these measures, the activities and measures set out in the Strategic Action Plan 2016–2018 have contributed to improving the situation in the field of labour protection, especially in terms of raising public awareness and reducing the number of serious and fatal occupational accidents. In addition, the Committee notes the Government's indication that the European Social Fund project “Practical Application of Regulatory Enactments Regarding Employment Relationship and Occupational Safety” will continue until 2023 and aims to improve OSH in enterprises, in particular in high-risk industry. The project includes support for small and medium-sized enterprises, as well as for the assessment of risks in the work environment. Noting the Government's indication that the National Strategy documents are regularly evaluated, the Committee requests the Government to provide detailed information on the results of the implementation of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plans for 2016–2018 and 2019–2020, as well as the result of the European Social Fund project in small and medium-sized enterprises.

Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s reference to sections 31 and 37 of the Cabinet of Ministers Regulation No. 195 of 2008 Regarding the Safety of Machinery which establishes the manufacturer's obligation to carry out the necessary research of the components, equipment and machinery to determine whether, by its design or construction, it is possible to assemble the machinery and use it safely. The Committee notes that the aforementioned provisions refer exclusively to the manufacturer's obligation in relation to equipment and machinery. It therefore requests the Government to provide information on the manner in which it is ensured that those who design, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents, the Committee notes the Government's indications that since 2015, the State Labour Inspectorate (SLI) has increased the number of preventive inspections during which it is possible to provide consultation to employers on the measures to be taken to improve the working environment. It also notes the Government's indications on the conduct of thematic inspections covering 600 enterprises in the most dangerous sectors and the intensification of inspections of specific risks in the working environment which allow to reduce the risk of accidents. It further notes the implementation of preventive campaigns, the organization of seminars for employers, workers and labour protection specialists and the publication of informative resources on occupational safety and health. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged. In this connection, the Committee requests the Government to take the necessary measures and intensify its efforts to reduce the number of occupational accidents and diseases and to provide information on the measures taken, the outcome of these measures, as well as on the statistics reported.

B. Protection against specific risks

1. White Lead Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government's indication that according to the information provided by the Centre for Disease, Prevention and Control, there were 178 deaths due to poisoning and chemical exposure during the period from 2014 to 2020. The Committee notes, however, that the Government does not specify whether these deaths were directly caused by lead or its compounds. It also notes that while the Government does not refer to statistics on morbidity in relation to lead poisoning or measures taken to reduce the number of cases of occupational diseases concerned, the Government refers to a number of legislative measures that prevent the danger arising from the use of white lead in accordance with Articles 5 and 6 of the Convention. In particular, the Committee notes the 2015 amendment to the Cabinet Regulation No. 219 of 2009 “Procedures for the Performance of Mandatory Health Examinations”, which sets out specific requirements for health examinations in Annex 2; the adoption and subsequent amendments to Cabinet Regulation No. 131 of 2016 “Industrial Accident Risk Assessment Procedures and Risk Reduction Measures”, which prescribes the notification of industrial accidents to the State Environmental Service (section 100), as well as the conduct of inspection of establishments (Chapter X); and the 2020 amendment to the Chemical Substances Law of 1998, which now provides for the application of administrative offences in the field of chemical substances and mixtures (section 19). The Committee requests the Government to provide information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating, in particular, morbidity and mortality due to lead poisoning, as well as on the number of inspections carried out, the outcome of these inspections, and the number of the contraventions reported.

2. Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the 2018 amendment to the Cabinet of Ministers Regulation No. 1284 of 2013 “Procedures for Control and Registration of the Exposure of Workers” which sets a maximum permissible dose of ionizing radiation of 500 mSv received in certain parts of the body (section 25.4) and establishes conditions for the calibration and workplace monitoring of individual dosimeters (Annex 1). It also notes the adoption of Cabinet of Ministers Regulation No. 65 of 2021 “Regulation for the Notification, Registration and Licensing of Activities with Sources of Ionizing Radiation”, following the repeal of Cabinet of Ministers Regulation No. 752 of 2015.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Alternative employment. In its previous comments, the Committee referred to the terms of paragraph 58 of Cabinet Regulation No. 219 of 2009 regarding the procedures for conducting mandatory health examinations, according to which if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health. In this regard, the Committee requested the Government to provide information on any monitoring undertaken with respect to the employers’ obligation under the above provision for workers for whom it has been determined that it is medically inadvisable to continue work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. The Committee notes that the Government indicates that the SLI does not have specific information on measures taken by employers with respect to workers exposed to ionizing radiation. It also notes the Government's indication in response to the Committee's previous request on the coverage of the compensation scheme, that it applies to cases in which the occupational disease has been declared. It notes that the compensation prior to the declaration of an occupational disease corresponds to the period of investigation by the medical commission for occupational diseases, which becomes effective once the occupational disease has been declared. The Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. In this regard, the Committee requests the Government to ensure, in accordance with paragraph 58 of Cabinet Regulation No. 219, that suitable alternative employment opportunities, not involving exposure to ionizing radiations, be provided to workers for whom it has been determined that, for health reasons, they may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

3. Guarding of Machinery Convention, 1963 (No. 119)

Legislation. Further to its previous comments, the Committee notes the information provided by the Government on the legislative measures adopted in relation to the application of the Convention. In this respect, the Committee notes the 2015 amendment to the Cabinet of Ministers Regulation No. 660 of 2007 “Procedures for the Performance of Internal Supervision of the Work Environment” specifying the requirements relating to the inspection of rotating and moving parts of machinery (Annex 1). It also notes that Cabinet of Ministers Regulation No. 209 of 2016 “Regulation on Electrical Safety for Equipment”, which repeals Cabinet of Ministers Regulation No. 187 of 2000, sets out detailed requirements for equipment (Part 2), obligations of the manufacturer (Part 3.1) and of the distributor (Part 3.4). The Committee further notes the 2019 amendment to the Labour Protection Law of 2001, which extends the scope of application of this Law to self-employed workers (section 2) and regulates administrative violations (Chapter VI), as well as the 2019 amendment to the Law on Technical Supervision of Dangerous Equipment of 1998, which prescribes the obligation to record information obtained during the inspection of hazardous equipment (section 11). Lastly, it notes the Government’s indication that following the expiration of the Latvian Administrative Violations Code of 1984, subsequent amendments concerning violations and competent institutions were introduced to the Law on Technical Supervision of Dangerous Equipment of 1998 (Chapter VII) and the Law on Conformity Assessment of 1996 (Chapter VIII).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents and diseases, the Committee notes the Government's indications on the implementation of preventive campaigns, as well as the conduct of the 2019 thematic inspection focusing on the safe use of equipment in the woodworking, food production and metal industry. The Committee refers to its comment above under Convention No. 155.

C. Protection in specific branches

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 12 of the Convention. Supply of wholesome drinking water to workers. Further to its previous comments in this regard, the Committee notes the Government's indications that in workplaces, water supplied to buildings is used for consumption and that its compliance with drinking water requirements is controlled in accordance with Cabinet of Ministers Regulations No. 671 of 2017 “Mandatory Harmlessness and Quality Requirements for Drinking Water, and the Procedures for Monitoring and Control Thereof”. The Committee notes that these Regulations apply to trade and use in food production (section 2). It notes, however, that its scope of application does not cover offices. The Committee requests the Government to indicate how it is ensured that wholesome drinking water or some other wholesome drink is provided to workers in offices.

Article 14. Suitable seats supplied to workers. With reference to its previous comments on surveillance measures taken to enforce the provision of suitable seats to workers and opportunities to use them, the Committee notes that the Government indicates that the SLI monitors all workplaces and verifies both the risk assessment of the work environment and the measures taken by the employer, including measures where the worker has the opportunity to sit down. In this regard, it notes that the SLI monitors workplaces in relation to the prevention of ergonomic risks and musculoskeletal diseases. The Committee takes note of this information, which addresses its previous request.

Article 6. Inspection and statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistical data provided by the Government, including the number of violations detected by the SLI and the number of occupational diseases reported. It notes that while the number of violations decreased from 2,871 in 2015 to 1,744 in 2019, the number of occupational accidents due to unsatisfactory workplace conditions increased from 102 in 2015 to 125 in 2020. Noting that the Government provides general information regarding OSH statistics, the Committee requests the Government to provide specific information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

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.

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted that pursuant to paragraph 58 of the Cabinet Regulation No. 219 on procedures for performance of mandatory health examinations, if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health.

The Committee notes the Government’s statement in its report that, with respect to compliance with the obligation to provide working conditions without the specific factor of the work environment that is harmful to the worker’s health, there is no provision for the monitoring of such compliance at the national level. When the State Labour Inspectorate performs inspections at undertakings, it is informed of those workers with occupational diseases employed in the undertaking, and then checks the measures implemented by the employer with respect to the harmful factors in the work environment. When the inspector finds that an employer has not prevented the impact of the factors causing an occupational disease, a penalty is imposed, pursuant to the Code of Administrative Violations. The Committee also notes the Government’s indication that pursuant to the Law on Mandatory Social Insurance against Accidents at Work and Occupational Diseases of 2 November 1995, workers who suffer from an occupational disease and have lost at least 25 per cent of their working ability are entitled to receive insurance compensation, which includes monetary compensation and the provision of professional rehabilitation services. Noting that the information provided by the Government on the measures taken in the course of inspections concerns workers diagnosed with an occupational disease, the Committee requests the Government to provide specific information on any monitoring undertaken with respect to employers’ obligation under paragraph 58 of Cabinet Regulation No. 219 for workers for whom it has been determined that it is medically inadvisable for continued work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. Similarly, the Committee requests the Government to indicate if the compensation scheme described above also applies to situations before an illness has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned to work involving exposure to ionizing radiations.

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

The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention. The Committee also notes the response provided with regard to effect given to Article 13 of the Convention, and the Government’s statement that Regulation No. 297 has been repealed and replaced by Cabinet Regulation No. 149 of 9 April 2002, regarding protection against ionizing radiation. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

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 in accordance with paragraph 58 of the Cabinet Regulation No. 219 on procedures for performance of mandatory health examinations, if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the effect of the specific factor of the work environment harmful to their health. The Government further states that where alternative employment is not possible, the employer has the right, under section 101 of the Labour Law, to terminate the employment. The Committee refers the Government to paragraph 32 of its 1992 general observation on the Convention and asks the Government to provide information on measures undertaken or envisaged to ensure that a worker, whose continued employment in a particular job is prohibited for health reasons, is provided with suitable alternative employment or able to maintain their income through social security measures or otherwise.

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

The Committee takes note of the Government’s comprehensive report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 13 of the Convention. Exposure during emergencies. The Committee takes note of the Cabinet of Ministers Regulation No. 149 of 9 April 2002 on regulations for protection against ionizing radiation, of which clauses 159-163 contain provisions related to emergency situations. Clause 159.1 provides for intervention measures to be taken in the event of radiation accidents in order to reduce or prevent short-term exposure. Pursuant to clause 160, the necessity for an intervention has to be assessed by the work supervisor, the radiation safety expert and the nuclear safety experts. In carrying out the assessment, the positive effect and costs of any intervention have to be in proportion to the possible damage to health. However, clause 163 stipulates that an intervention in a radiation accident shall be justified if the radiation accident may cause serious damage to human health. Hence, the Committee understands that there is no need for carrying out an assessment as prescribed under clause 160. It nevertheless requests the Government to confirm its view of this clause of Regulation No. 149. With regard to the limitation of occupational exposure due to an accident, the Committee notes that Regulation No. 149 does not provide for specific exposure limits of workers during emergency operations. The Committee therefore would draw the Government’s attention to paragraphs 16-27 of its 1992 general observation under the Convention where it is indicated that the International Commission on Radiological Protection (ICRP), in its latest Recommendations of 1990, permits an effective dose up to 0.5 Sv and unlimited exposure for life-saving actions, during the "immediate and urgent remedial work", but calls for the application of the normal occupational dose limits without exception "once the immediate emergency is under control". The Committee accordingly requests the Government to indicate whether a provision exists providing for the above exposure limits applicable during emergency situations, and, if not, to take the necessary measures to align the national legislation with the above principles established by the ICRP. In this context, the Committee further refers to its previous direct request in which it had noted the provisions of clauses 156 and 157, in conjunction with clause 47.2 of Regulation No. 297 on protection against ionizing radiation, 1997, permitting a dose limit of 40 mSv for worker exposure, i.e. twice the annual dose limit fixed for radiation workers, in the framework of emergency interventions for saving assets of significant value. The Committee had noted that this dose limit was not in conformity with the ICRP Recommendations of 1990. The Committee notes section 30 "Transitional provisions" of the Radiation Safety and Nuclear Safety Act, 2000, providing, inter alia, for the adoption of implementing regulations by the Cabinet of Ministers within 12 months after the entry into force of this Act. The Committee, concluding that Regulation No. 297 on protection against ionizing radiation, 1997, is no longer in force, nevertheless requests the Government to confirm that the Regulation No. 297 on the protection against ionizing radiation, 1997, is abolished.

2. Article 14. Alternative employment. The Committee notes clause 71 of the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionizing radiation, providing for an extraordinary health examination of the worker in the event that the established annual dose limit of 20 mSv for radiation workers has been exceeded, as well as for the necessary treatment of the worker concerned. In the same way clause 72 provides for such medical health examinations and medical treatment in the event of a radiation accident. The Committee notes, however, the absence of any provisions with regard to measures to be taken to ensure the provision of alternative employment to workers who for health reasons are to discontinue their work involving ionizing radiations. The Committee therefore would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, underlining that the offer of suitable alternative employment opportunities to the workers concerned, derives from the provision of Article 3, paragraph 1, of the Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment for workers who, for health reasons, are to discontinue radiation work, or to enable them to maintain their income otherwise than through social security measures.

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

The Committee notes with interest the adoption of the Radiation Safety and Nuclear Safety Act of 26 October 2000, enshrining the main basic principles governing radiation protection. It further notes the number of regulatory texts adopted during the reporting period, and in particular the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionising radiation, which reflect the dose limits for exposure to ionizing radiation of the different categories of workers and the general public which are in conformity with the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. In this respect, it also notes the Government’s indication that the above legislation has been adopted by taking into consideration the respective EU Directive and the requirements set forth in the relevant documents of the ILO and the International Atomic Energy Agency.

The Committee is addressing a request on certain other points directly to the Government.

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

With reference to its previous comments, the Committee would draw the Government’s attention to the following point.

Article 13(d) of the Convention. The Committee notes that according to clause 156 of Regulations No. 297 on the Protection against Ionizing Radiation, 1997, the permissible dose limits for workers’ exposure may be exceeded in emergency situations in order to save people’s lives, to prevent major exposure of the general public or to save assets of significant value. In this event, clause 157 of the abovementioned Regulations provides for the application of the dose limits established for sanctioned exposures (clauses 46 to 59). Clause 47.1 establishes a dose limit of 20 mSv for any case of especially sanctioned exposure. Clause 47.2 fixes a dose limit of 40 mSv, that is twice the effective annual dose limit set forth in clause 37, for activities to be taken in order to save assets of significant value, and clause 47.3 fixes a dose limit of 200 mSv, thus five times the annual dose limit, for activities taken to prevent a major exposure of the general public during an accident or to save people’s lives. With regard to the dose limit established under clause 47.2 of Regulations No. 297 on the Protection against Ionizing Radiation, 1997, the Committee recalls the explanations given in its general observation under the Convention (items 16 to 27 and 35 (c)), which refer to the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) with regard to the limitation of exposure to ionizing radiation in emergency situations, where it is said that once the immediate emergency is under control, the normal occupational dose limits are to apply without any exception. Moreover, exceptional exposure of workers is neither justified for the purpose of rescuing "items of high material value", nor, more generally, because alternative techniques of intervention which do not involve such exposure to workers "would involve an excessive expense". The Committee therefore requests the Government to indicate the measures taken or contemplated with a view to ensure conformity with the abovementioned principles established by the ICRP in 1990.

In addition, the Committee would ask the Government to supply a copy of Regulations No. 136 of the Cabinet of Ministers of 14 April 1998 on the procedure of registration and control of nuclear substances; Regulations No. 223 of the Cabinet of Ministers of 20 June 1996 on the procedure of issuing licences and permissions to work with radioactive substances and other sources of ionizing radiation; Regulations No. 95 of the Cabinet of Ministers of 14 March 2000 concerning the amendments to Regulations No. 297 on the protection against ionizing radiation, 1997; Regulations No. 97 of the Cabinet of Ministers of 9 March 2000 concerning the amendments to the Regulations No. 297 on the protection against ionizing radiation, 1997; Regulations No. 96 of the Cabinet of Ministers of 9 March 1999 concerning regulations on controlling radioactive contamination of animal feed; and of Order No. 8 of the Ministry of Welfare of 20 January 1999 concerning the amendment to the regulations concerning the issuance of business licences and permits to the Health Statistics, Information and Medical Technologies Centre Commission to work with radioactive substances or other sources of ionizing radiation used in medicine.

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

The Committee notes with interest the Government’s indication that following the ratification of the Convention, a Tripartite Labour Protection Advisory Council has been established in which representatives of state institutions, employers and workers cooperate on issues concerning the application of the Convention. It further notes with interest the adoption of numerous regulations and orders on issues related to radiation protection, in particular the adoption of Regulations No. 297 of 12 August 1997 on the protection against ionizing radiation. In this connection, the Committee notes the Government’s indication that it is planned to replace the Radiation Protection and Nuclear Safety Act of 1 December 1994 by a new law with the same name, that the draft law has been already submitted to Parliament, and that its adoption was expected for September 2000. As to the content of the draft law, the Government indicates that the provisions are based on the requirements set forth in the respective documents of the ILO and the International Atomic Energy Agency, and that it contains provisions eliminating the outdated system of supervision, particularly in the field of medicine. The Committee hopes that the Government will provide information on developments in this regard and supply a copy of the new Act on Radiation Protection and Nuclear Safety once it is adopted.

The Committee is addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret 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 it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 general observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiation, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiation only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiation. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiation, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiation.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiation and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 general observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), 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. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under 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 with regard to the provision of alternative employment 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.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

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

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 it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 General Observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiation, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiation only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiation. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiation, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiation.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiation and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 General Observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), 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. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under 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 with regard to the provision of alternative employment 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.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 General Observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

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

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 General Observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiations, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiations only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiations. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiations, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiations.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiations and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 General Observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also 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. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under 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 with regard to the provision of alternative employment 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.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 General Observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.