Radiation Protection Convention, 1960 (No. 115) - Egypt (Ratification: 1964)

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

Previous comments: C.62, C.115, C.139 and C.148

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work by women), 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer) and 148 (air pollution, noise and vibration) together.

A. Protection against specific risks

Application in practice of Conventions Nos 115, 139 and 148. The Committee notes that in its report under Convention No. 148, the Government indicates that emissions from petroleum-based substances can lead to cancer and during 2021–22, around 260 serious accidents were inspected by the directorates of the Ministry of Manpower in the governorates and reviewed by the Ministry’s Central Administration of Occupational Safety and Health and Securing the Working Environment for the requisite actions to be taken in this regard. The Committee requests the Government to provide information on the application in practice of the Convention Nos 115, 139 and 148 below, including the number of accidents and occupational diseases recorded, as well as the violations detected by the competent authority related to radiation exposure, occupational cancer and noise, vibration and pollution, the corrective measures ordered, and penalties imposed.

Radiation Protection Convention, 1960 (No. 115)

Article 6 of the Convention. Maximum permissible doses. General observation of 2015. The Committee notes the Government’s reference to Ministerial Order No. 211 of 2003 on safety thresholds, necessary conditions and requirements for countering biological, chemical, mechanical and physical hazards and for safeguarding the working environment. It observes that Ministerial Order No. 211 of 2003 does not provide for maximum permissible doses for ionizing radiation, and that its section 10 refers to Act No. 59 of 1960 on the regulation of work with ionizing radiation and protection against it in this regard. However, Act No. 59 of 1960 does not seem to remain in effect following the adoption of Act No. 7 of 2010 on the regulation of nuclear activities and ionizing radiation. The Committee notes that Act No. 7 of 2010 does not contain any provision relating to the maximum permissible doses and amounts of ionizing radiation. The Committee requests the Government to provide detailed information on the current maximum permissible doses of ionizing radiations to which workers may be exposed to. In this respect, it draws 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. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. Following its previous comment, the Committee notes the adoption of Act No. 148 of 2019 on Social Insurance and Pensions and its executive regulation. The Committee requests the Government to provide information on any provisions giving effect to Article 14 of the Convention, which provides for the discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Reduction of the number of workers exposed. Following its previous comment, the Committee notes the Government’s reference to section 211 of the Labour Code (No. 12 of 2003) and section 34 of Ministerial Order No. 211 of 2003, which provide the obligation of employers to take preventative and protective measures against chemical hazards, including carcinogenic materials. The Government also indicates that the Ministry of Manpower, represented by the Central Administration of Occupational Safety and Health, follows procedures and takes measures to reduce the number of workers exposed to carcinogenic materials, including through the inspection of establishments to detect hazards, carcinogenic materials or any occupational diseases. The Government indicates that if a problem is detected, environmental measurements are carried out The Committee notes the Government’s information which addresses its previous comment.

Article 4. Provision of information to workers. Following its previous comment, the Committee notes the Government’s reference to sections 211 and 217 of the Labour Code. Section 217(b) provides for the obligation of employers to inform workers, before their engagement in work, of the risks of the occupation, to provide the proper personal protection equipment and the necessary training to use it. Section 211(f) provides for the obligation of employers to train workers to handle hazardous chemical materials and carcinogenic substances, inform and make them aware of the associated hazards as well as the required methods of safety and protection. The Committee notes the Government’s indications, which address its previous comment.

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

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. Following its previous comment, the Committee notes the Government’s reference to sections 233 and 234 of the Labour Code. The Government also indicates that the performance by the labour inspectors of their supervisory role necessarily requires coordination in many matters and inquiring with employers or their assigned deputies and workers about all issues that contributes to their ability to verify and identify data and information that will assist them in enforcing provisions of the Labour Code and related regulations. Moreover, according to the Manual of Procedures in Labour Inspection (Ministerial Order No. 130 of 2006), during inspection visits, inspectors are required to inform both parties on the production process and to guide and assist employers in the application of labour laws. The Committee notes the Government’s information which addresses its previous comment.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes that no new information is provided regarding the absence of legal provisions in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect will be given to Article 6(2) of the Convention within the context of the revision of the Labour Code and to provide information on any progress made in this regard.

B . Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Construction Convention, 1988 (No. 167), and to undertake a ratification campaign in respect of Convention No. 167. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area.

Article 3(a) of the Convention. Obligation to notify all persons concerned. With reference to the Committee’s previous request on Article 3(a), the Committee refers to its comments above under Article 4 of Convention No. 139 on the requirements related to the provision of information of workers.

Article 7(5) and (8). General rules concerning scaffolds. Following its previous comment, the Committee notes the Government’s reiterated reference to the ongoing process to amend Ministerial Order No. 211 of 2003, under which the provisions of the Convention will be taken into account. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to Article 7(5) and (8).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

General observation of 2015. The Committee wishes 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 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency workers. In its previous comment, the Committee requested the Government to provide additional information on measures taken to optimize protection during accidents and emergency work. The Committee notes that in its report, the Government refers to, in addition to the Labour Code, the Ministerial Order No. 211 of 2003 which relates to the safety thresholds, necessary conditions and requirements to fend off biological, chemical, mechanical and physical hazards, and to safeguard the working environment. The Government indicates that section 10(6) of Ministerial Order No. 211 of 2003 specifies that the management of an undertaking shall be required to prepare an emergency plan to address radiation accidents during the operation usage, handling and storage of ionising sources which may expose workers and the environment to high levels of ionising pollution. A group of employees should be trained to implement the plan and carry out tests on its different elements. Under section 10(6), any person who is licensed to use or to keep ionizing substances shall notify the competent authority, as soon as an accident occurs, which may expose any person to a set of radiation beyond the permissible threshold, as soon as the accident occurs while indicating the details of the accident, and the causes which led to its occurrence.

In this respect, the Committee would like to draw the attention of the Government to paragraphs 17–23 and 36–37 of its 2015 general observation, where it indicates that individual exposure in emergency situations should be optimized, with appropriate boundaries of reference levels. Such reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures are to be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv, except in certain specific and exceptional situations (described in paragraph 37 of the general observation). Response organizations (as defined in note No. 19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who undertake actions in exceptional circumstances in which the doses received might exceed 50 mSv do so voluntarily, have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety and that they are, to the extent possible, trained in the actions they may be required to take. In light of the indications contained in the abovementioned paragraphs of its 2015 general observation, the Committee requests the Government to provide information on the boundaries of reference levels for the exposure of workers in emergency situations, as well as the exceptional circumstances and the conditions in which emergency workers might be subject to an exposure in excess of 50 mSv.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments, the Committee notes the indication of the Government that pursuant to section 2 of the Social Security Act No. 135 of 2010, which entered into force on 1 January 2012, the provisions of the Social Insurance Act No. 79 of 1975 related to medical treatment and care have not been repealed and remain valid. In this regard, the Committee had previously noted that pursuant to Act No. 79, workers are entitled to alternative employment or maintenance of income in the event they have been diagnosed with an occupational disease. The Committee recalls that, in accordance with this Article of the Convention, the Government must take all the necessary measures to ensure that workers are not employed or do not continue to be employed in work that may expose them to ionizing radiation contrary to qualified medical advice, including before any occupational disease is diagnosed. In addition, paragraph 27 of the Radiation Protection Recommendation, 1960 (No. 114), provides that if, as the result of such medical advice, it is inadvisable to subject a worker to further exposure to ionising radiations in that worker's normal employment, every reasonable effort should be made to provide such a worker with suitable alternative employment. The Committee also draws the attention of the Government in this respect to paragraphs 27, 28 and 40 of its 2015 general observation. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers shall not be employed or continue to be employed in work liable to expose them to ionizing radiations, contrary to medical advice, even before any occupational disease is diagnosed. The Committee also invites the Government to supply information with regard to the efforts that should be made to provide such workers with suitable alternative employment.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Optimization of protection during accidents and emergency work. With reference to its previous comments the Committee notes that the most recent information provided by the Government relates to requirements in section 215 of the Labour Code to prepare emergency plans and in section 10(6) of Ministerial Order No. 211 of 2003 to prepare emergency plans for work involving ionizing radiation. As far as the Committee can determine, the information provided does not address the issue raised in its previous comments, namely, which measures have been taken concerning the optimization of protection during accidents and emergency work. As detailed in paragraph 35(c)(i) and (ii) of its 1992 general observation on the application of this Convention, the Committee recommends that governments take certain measures which on the one hand would include, inter alia, a review of existing authorizations for the use of specific practices or equipment of a kind which has been found unsafe in any one workplace, and on the other, relate to measures that can be taken in the planning and design stage of installations and enterprises. As regards the latter, the Committee recommends that the objective to minimize the risks of accidents and consequential exposure to ionising radiations should be taken into account in the planning and design stage of workplaces and equipment and that the emergency planning for intervention in any accidents or other emergencies should rely, as far as technically feasible, on advance development and/or acquisition of effective robotized equipment or other techniques avoiding human exposure to ionising radiations, and training in the use of such techniques. The Committee requests the Government to provide additional information on measures taken to optimize protection during accidents and emergency work referred to in paragraph 35(c)(i) and (ii) of its 1992 General Observation on the application of this Convention.

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 communication received by the Federation of Egyptian Industries on 30 August 2010 and the Government’s reply on 14 October 2010, with regard to section 108 of the Social Insurance Act No. 79 of 1975, whereby the Social Insurance Act is and will remain in force until the new Act enters into force on 1 January 2012. With reference to its previous comments, the Committee notes the information that, according to the Social Insurance Act No. 79 of 1975, workers are entitled to alternative employment or maintenance of income in the event they have been diagnosed with an occupational disease. The Committee would like to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention, which relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to ionizing radiations has been found to be medically inadvisable. In these cases, paragraph 32 provides 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. The Committee requests the Government to provide copies of the new legislation and further information on measures taken to ensure that workers are offered alternative employment or to maintain their income when it has been determined that it is medically inadvisable for them to continue their work.

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

1. The Committee notes the detailed report of the Government and the laws appended to the report. It notes however that the Government has not provided any information in respect of the previous comments of the Committee concerning the scope of emergency work and the question of alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee therefore requests the Government to provide information on these two issues. The Committee proposes to examine the report of the Government, together with the information that the Government provides in respect of these issues, at its next session.

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

With reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. With regard to the need to review maximum permissible doses of ionizing radiations presently in force in the light of current knowledge, the Committee notes the Government’s indication that, to this effect, agreement has been reached on using the new physiological findings by the International Commission on Radiological Protection (ICRP) (Publication No. 60) so as to ensure effective protection of workers against ionizing radiations. The Government further indicates that a committee composed of experts of the International Atomic Energy Agency and the Ministry of Health was set up to integrate the above findings into Law No. 59 of 1960, concerning the regulation of work with ionizing radiations and protection against its hazards within the framework of its revision. However, the work on these amendments has not been finalized yet. In this context, the Committee states that the Government had indicated already in its report of 1994 that a commission was examining the provisions of Act No. 59 of 1960 to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee accordingly trusts that the above committee will finalize its work in the near future so that the necessary amendments to Act No. 59 could be adopted in order to ensure effective protection of workers as regards their health and safety against ionizing radiations, in application of Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. The Committee further notes the Government’s indication that a technical committee was set up under the auspices of the Ministry of Health, which has made the necessary amendments to Ministerial Order No. 55 of 1983, respecting the occupational safety and health conditions, which were needed to comply with the requirements set forth in the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources, adopted in 1994 and developed under the auspices of the IAEA, ILO, WHO and three other international organizations, reflecting the most recent findings with regard to protection against the hazards arising out of exposure to ionizing radiations. In view of this information, the Committee understands that Ministerial Order No. 55 of 1983, which seems to regulate general aspects of occupational safety and health, has been amended to include provisions concerning radiation protection. It also notes that Act No. 59 of 1960, which governs specifically the regulation of work with ionizing radiations and protection against its hazards, is being amended. The Government is therefore asked to explain the interaction and complementarity of Act No. 59 of 1960 and Order No. 55 of 1983, including their amendments. The Committee also requests the Government to supply a copy of Ministerial Order No. 55 of 1983, as amended, in order to enable the Committee to determine the extent to which the requirements of the Convention would be met.

2. Scope of emergency work. With regard to the optimization of workers’ protection during accidents and emergency work and, in particular, with regard to authorizations previously granted for the use of specific practices and equipment of a kind which has been found unsafe, the Committee notes the Government’s indication that the technical committee referred to above has proposed amendments to the Labour Code, Act No. 137 of 1981, as amended, concerning the protection against ionizing radiations, as well as to Ministerial Order No. 55 of 1983. In this context, the Government indicates that authorizations granted to carry out the above operations are currently being reviewed to verify that the workplaces and the qualifications of the individuals working therein comply with the conditions under which an authorization has been issued. Furthermore, in cases of violation of the conditions under which the authorization has been issued, the work is suspended temporarily so as to monitor the undertaking in question. Legal proceedings can then be instituted against the undertaking. Moreover, the competent authority for issuing the authorizations is informed to take the necessary measures for withdrawing such authorizations as well as to adopt subsequent preventive measures to stop their misuse. The Committee takes due note of this information. It will comment in detail after having examined the amendments to the Labour Code and Ministerial Order No. 55 of 1983, once they have been adopted and published.

3. The provision of alternative employment. With regard to measures to be taken to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, the Government indicates that due account has been taken of this issue within the framework of the amendments made to Ministerial Order No. 55 of 1983. The Committee therefore requests a copy of the Ministerial Order, as amended, for further examination in order to be in a position to determine to what extent this article of the Convention is applied.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its latest report.

1.  Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.  In its 1992 direct request, the Committee drew the attention of the Government on the need to review maximum permissible doses of ionizing radiations in the light of new physiological findings by the ICRP (Publication No. 60) to ensure effective protection of workers against ionizing radiations. The Committee notes the Government's indication in its latest report that the Commission that was set up to examine proposed amendments to Act No. 59, 1960, concerning regulation of work with ionizing radiation and protection against its hazards, is currently examining the provisions of the Act to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee takes note of the Government's assurance that it will provide the text of the amended provisions as soon as they are adopted.

2.  Scope of emergency work.  The Committee notes the information supplied by the Government that no provision in Egyptian legislation allows for exceptions from the normally tolerated dose limits in cases of emergencies and abnormal situations, and that Act No. 59 (1960) applies to all workers exposed to ionizing radiations. In its 1992 direct request, the Committee requested the Government to report on any further measures taken in relation to the matters raised in paragraph 35(c) of the general observation. The Committee notes from the Government's report that no information was made available in respect of subparagraphs (i) and (ii) of paragraph 35(c), which relate to suspension of authorizations granted for use of specific equipment or practices which have been found unsafe; and the use of or investment in robotized equipment and/or other alternative techniques to avoid unnecessary human exposure to ionizing radiations during an emergency. It would, therefore, request the Government to provide this information in its next report.

3.  The provision of alternative employment.  Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age.

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

The Committee notes the information supplied by the Government in its latest report.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. In its 1992 direct request, the Committee drew the attention of the Government on the need to review maximum permissible doses of ionizing radiations in the light of new physiological findings by the ICRP (Publication No. 60) to ensure effective protection of workers against ionizing radiations. The Committee notes the Government's indication in its latest report that the Commission that was set up to examine proposed amendments to Act No. 59, 1960, concerning regulation of work with ionizing radiation and protection against its hazards, is currently examining the provisions of the Act to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee takes note of the Government's assurance that it will provide the text of the amended provisions as soon as they are adopted.

2. Scope of emergency work. The Committee notes the information supplied by the Government that no provision in Egyptian legislation allows for exceptions from the normally tolerated dose limits in cases of emergencies and abnormal situations, and that Act No. 59 (1960) applies to all workers exposed to ionizing radiations. In its 1992 direct request, the Committee requested the Government to report on any further measures taken in relation to the matters raised in paragraph 35(c) of the general observation. The Committee notes from the Government's report that no information was made available in respect of subparagraphs (i) and (ii) of paragraph 35(c), which relate to suspension of authorizations granted for use of specific equipment or practices which have been found unsafe; and the use of or investment in robotized equipment and/or other alternative techniques to avoid unnecessary human exposure to ionizing radiations during an emergency. It would, therefore, request the Government to provide this information in its next report.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age.

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

The Committee notes the information provided in the Government's report in reply to its previous comments. It notes that Order No. 222 of 1986, issued by the Minister of Health, provides for the creation of a commission to examine proposed amendments to Act No. 59 of 1960 concerning the organisation of the use of ionising radiations and the protection against the hazards due to their use. The Committee requests the Government to provide full particulars on the establishment of this commission and to indicate whether the commission is currently studying any proposed amendments to Act No. 59. 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 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 and to provide a copy of any texts adopted to amend Act No. 59.

2. The Committee notes with regret that the information provided in the Government's report contains no reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern the limitation of occupational exposure during and after an emergency. The Government is requested to indicate in particular whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in these circumstances and to specify how these circumstances are defined, and to report also on any further measures taken in relation to the matters raised in paragraph 35(c) of the General Observation.

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

The Committee notes from the report of the Government that Law No. 59 of 1960 has been modified by the adoption of Order No. 222 of 1986 of the Ministry of Health. It would be grateful if the Government would supply a copy of the Order and provide full particulars on the manner in which it affects the application of the Convention in its next report.