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The Committee notes the Government’s report including information that the Ordinance on Labour Standards for Women and Minors is now the “Ordinance on Labour Standards for Minors”.
Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the reference made by the Government to section 59 of the Ordinance on Prevention of Ionizing Radiation Hazards which provides that the employer should take necessary measures to maintain the health of workers found, on the basis of medical examination, to have, or suspected to have, an actual or potential health impairment due to exposure to radiation. These measures may include a change of workplace or type of work, a shortening of the period of exposure, modification of work process, etc. until such health impairment or potential impairment are resolved. The Committee also notes the information that when workers covered by unemployment insurance have been removed from their jobs, they remain eligible to receive unemployment benefits if certain conditions are met. The Committee requests the Government to provide further information on the measures taken in relation to workers not covered by unemployment insurance, and on the conditions that have to be fulfilled to remain eligible to receive unemployment benefits, as well as information on the application of these provisions in practice.
1. The Committee notes the Government’s comprehensive report, including the revised provisions of the Ordinance on Industrial Safety and Health and the Ordinance on the Prevention of Ionizing Radiation Hazards (as amended in March 2001), the revised Regulations on the Special Education for Nuclear Fuel Substance Handling Operations (Notification No. 1 of 30 January 2000), as well as Ordinance No. 21 on the Prevention of Mariner Exposure to Ionizing Radiation Hazards of 23 June 1973 (as amended until April 2001).
2. Article 3, paragraph 1 and Article 6, paragraph 2. Effective protection of workers against ionizing radiation. The Committee notes with satisfaction the indication of the Government that the Ordinance on the Prevention of Ionizing Radiation Hazards was amended in March 2001, thus revising the exposure limit of workers engaged in radiation work. The effective dose limits are now 100 mSv for a block of five years and 50 mSv for any single year. In respect of pregnant women, the effective dose by internal exposure is limited to 1 mSv for the duration of the pregnancy, with a dose equivalent at the abdominal surface of 2 mSv. The Committee notes with interest that the Ordinance on the Prevention of Mariner Exposure to Ionizing Radiation Hazards was similarly revised in April 2001.
3. Emergency exposure situations. The Committee notes with satisfaction the indication of the Government that the Ordinance on the Prevention of Ionizing Radiation Hazards was amended in March 2001 to stipulate the exposure limits in emergency operations, taking into consideration the 1990 ICRP recommendations and that 100 mSv is the effective dose, 300 mSv, the lenticular dose equivalent and 1 mSv, the dermal dose equivalent. The Committee also notes with interest the indication of the Government that similar amendments have been made to the Ordinance on the Prevention of Mariner Exposure to Ionizing Radiation Hazards in April 2001.
4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that, in reply to its previous comments, the Government has indicated that the effective dose to which workers may be exposed in a year is less than the prescribed level, and that situations where workers in radiation work need to be provided with alternative employment are unlikely to arise, unless there is an accident. While noting that measures have been taken to limit the exposure of workers, the Committee wishes to point out that there may be situations where a worker is unable to continue in radiation work on legitimate health grounds. The Committee also wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to consider taking appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.
The Committee notes the information provided with the Government’s report. It notes that a revision of the Ordinance on industrial safety and health, and the Ordinance on the prevention of ionizing radiation hazards has been undertaken in January 2000 in consequence to an accident that occurred at the uranium processing plant in Tokai-mura, Ibaraki prefecture, on 30 September 1999. Moreover, it notes that the Ministry of Labour issued regulations on the special education for nuclear fuel substances handling operations which are based on the provisions found in the Ordinance on the prevention of ionizing radiation (Ministry of Labour Notification No. 1, 20 January, 2000). The Committee would be grateful if the Government would provide copies of the amendments referred to above as well as of the Ministry of Labour Notification No. 1, 20 January, 2000 and the Ordinance on mariners prevention of ionizing radiation hazards for further examination.
Furthermore, the Committee would draw the Government’s attention to the following points.
1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes that the Radiation Council after discussion has rejected the possibility of incorporating the dose limits for exposure to ionizing radiation, set out by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, into national law. The Committee accordingly understands that the dose limits have not been the subject of the amendments incorporated to the above ordinances in January 2000. In this context, it notes the abstract of reasons contained in the Government’s report, which has been submitted to the administrative agencies concerned in 1998 by the Radiation Council. The explanations, why the incorporation of the ICRP Recommendations into national legislation is not necessary only refer to workers’ exposure in emergency situations and to the exposure of pregnant or possibly pregnant women. With regard to workers engaged in radiation work, the Committee notes that article4 of the Ordinance on the prevention of ionizing radiation hazards fixes the annual dose limit at 50 mSv. The Committee therefore points out that in accordance with 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 ionizing radiations, and maximum permissible doses and amounts shall be kept under constant review in the light of the available knowledge. In this regard, the Committee recalls its 1992 general observation under the Convention in which it referred to the relevant dose limits established by the ICRP in its 1990 Recommendations which reflect the knowledge available at the time in order to ensure effective protection of workers. The ICRP fixed the effective dose limit at 20 mSv per year averaged over five years, with the further provision that the effective dose should not exceed 50 mSv in any single year, for workers directly engaged to radiation work. The Government is therefore requested to reconsider the possibility of the incorporation of the dose limits set out in the above 1990 ICRP Recommendations into national legislation to give effect to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.
2. Emergency exposure situations. With regard to the protection of workers undertaking an intervention due to accidents designated in article 42, paragraph 1, of the Ordinance on the prevention of ionizing radiation hazards, as amended, in an area where a person could be exposed to radiation exceeding 15 mSv, the Committee notes that pursuant to article 7, paragraph 1, of the above Ordinance, workers may be exposed to radiation exceeding the annual dose limit of 50 mSv, provided for in article 4 of the same Ordinance, but not exceeding 100 mSv. As for mariners, the Government indicates that article 36, paragraph 1, read together with article 10 of the Ordinance on mariners prevention of ionizing radiation hazards, applies the above-described dose limits to mariners when they undertake an intervention in emergency situations following an accident. The Committee therefore would draw again the Government’s attention to paragraphs 17 and 35(c) of its 1992 general observation under the Convention, as well as to paragraph V.27. of the 1996 publication of the International Basic Safety Standards, providing that a dose limit incurred in the course of an intervention after an accident, should not exceed, in any case, except for life saving actions, twice the relevant annual dose limit specified for workers employed in radiation work. While article 4 of the Ordinance on the prevention of ionizing radiation hazards prescribes an annual dose limit of exposure of 50 mSv for workers engaged in radiation work, this criteria would be met by the provision of article 7, paragraph 1,of the Ordinance on the prevention of ionizing radiation hazards. The Committee, however, refers to its comments under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, and recalls that the above dose limit for radiation workers does not reflect the knowledge available at the time which, for its part, is reflected in the 1990 Recommendations of the ICRP to which the Committee had referred in its 1992 general observation under the Convention. The Committee consequently requests the Government to indicate the steps taken or envisaged in relation to the new exposure limits for abnormal circumstances established by the ICRP in 1990.
3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of the 1992 general observation under the Convention, and the principles reflected in paragraphs 1.18. and V.27. of the 1996 publication of the International Basic Safety Standards, the Committee requests again the Government to provide information on the measures taken or contemplated to provide opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which detriment to their health considered unacceptable is to arise and who may be faced with the dilemma that protecting their health means losing their employment.
The Committee notes the information provided by the Government in its report that the 1990 Recommendations of the International Commission on Radiation Protection (Publication No. 60) have been discussed by the Radiation Council since 1991. Referring also to its 1992 General Observation on the Convention, the Committee looks forward to the incorporation of the dose limits set out in the above Recommendations into national legislation, and requests the Government to supply information on the provisions adopted or envisaged as well as further details on the following points:
1. Emergency exposure situations. In its previous direct request, the Committee drew the attention of the Government to paragraphs 16 to 27 and 35(c) of its General Observation under the Convention. In this regard, the Committee would once again request the Government to indicate the steps taken in relation to the matters raised in the above paragraphs and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, in particular with respect to the strict definition of circumstances in which exceptional exposure might take place, and the optimization of protection during accidents and emergency work through the design and protective features of the workplace and equipment and emergency planning for intervention relying on such techniques as robotized equipment.
2. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of the 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who may have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may be faced with the dilemma that protecting their health means losing their employment.
I. The Committee notes the information supplied in the Government's report concerning the amendments made in 1988 to the Ordinance on Prevention of Ionising Radiation Hazards and the Ordinance on Mariners Prevention of Ionising Radiation Hazards to take into account the recommendations made by the International Commission on Radiological Protection (ICRP) in Publication No. 26 of 1977. In this regard, 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 by the International Commission on Radiological Protection on the basis of new physiological findings 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.
II. The Committee notes with interest the information supplied in the Government's report in reply to its General Observation of 1987 concerning measures to be taken in abnormal situations. It notes the Government's indication that, in planned special exposures, the permissible dose limits are set at 100 mSv (10 rems) per year. In this regard, the Committee would call the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention. It requests the Government to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the General Observation, particularly as concerns paragraph 35(c).