Radiation Protection Convention, 1960 (No. 115) - Chile (Ratification: 1994)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 the application of Conventions Nos 13 (white lead), 115 (radiation), 127 (maximum weight), 136 (benzene), 161 (occupational health services), 162 (asbestos) and 187 (promotional framework for occupational safety and health) in a single comment.

Application in practice of Conventions Nos 13, 115, 127, 136, 161, 162 and 187. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected and penalties imposed.

A.General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 4(1) and (2) of the Convention. National occupational safety and health system. In relation to its previous comments, the Committee notes with regret that the regulations to determine activities and work that may be included in the definition of non-teaching curricular hours still have not been adopted and the Government has not provided information on the tripartite consultations undertaken in this respect. The Committee also notes the Government’s indication in its report that, on 5 August 2021, a Consultative Council on occupational safety and health was established with representatives of employers’ and workers’ organizations. While recalling the importance of periodically reviewing the components of the national system, in consultation with the most representative organizations of employers and workers, the Committee once again requests the Government toprovide a copy of the regulations determining the activities and work that may be included in the definition of non-teaching curricular hours, as soon as it is adopted following full tripartite consultations in the Consultative Council on occupational safety and health. The Committee also requests the Government to provide information on the tripartite consultations undertaken in this respect.

Article 2(3). Measures that could be taken to ratify relevant ILO Conventions on occupational safety and health.While noting the information provided by the Government on the process initiated with a view to ratifying the Safety and Health in Mines Convention, 1995 (No. 176), the Committee requests the Government to continue to provide information on the consideration given to the ratification of the relevant Conventions on occupational safety and health, including Convention No. 176. It also requests the Government to provide information on the consultations held in this regard, including in the context of the Consultative Council on occupational safety and health.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes that the Government does not provide information on the consideration given to the specific problems of teachers within the framework of the national policy. It also notes that, according to Decree No. 47 of 2016 establishing the national occupational safety and health policy, the commitments for its implementation include the promotion of a participatory and tripartite analysis of the different issues concerning occupational safety and health, with a view to bringing the existing regulatory framework into line with the principles, objectives and commitments of the national policy (section VI(A)(2)). The Committee therefore once again requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy, in consultation with the most representative organizations of employers and workers.

Article 5. National programme. The Committee notes that Special Decree No. 31 of 2018 approved the national occupational safety and health programme for the period 2018-20 (section 1). According to the information available, the objectives of the national programme for the period 2018-20 included the development and promotion of a national culture of prevention on occupational safety and health, incorporating the prevention of occupational risks and the promotion of health in education, training and skills. The Committee also notes the adoption of the national plan on occupational safety and health for 2019, the objectives of which included the consolidation of the preventive advice model in workplaces and the strengthening of training processes as a key tool for promoting occupational safety and health. The Committee requests the Government to provide information on any assessment carried out regarding the national plan for the period 2018-2020 and the plan for 2019 in consultation with themost representative organizations of employers and workers, and on the manner in which this assessment contributes to the development of the national programme for the subsequent period. In this regard, the Committee requests the Government to provide information on the measures adopted to ensure the formulation, implementation, monitoring, evaluation and periodic review of the new national programme for the subsequent period in consultation with the mostrepresentative organizations of employers and workers. The Committee also once again requests the Government to provide information on the consideration given to the specific features of teaching work in the framework of the national programme. It also requests the Government to provide information on the measures adopted to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in compliance with Article 5(3) of the Convention.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3 and 6 of the Convention. Appropriate steps to ensure effective protection of workers against ionizing radiations, in the light of current knowledge. Review of the maximum permissible doses of ionizing radiations. In reply to its previous comments, the Committee notes the Government’s indication in its report that the Chilean Nuclear Energy Commission, by means of technical protection standards, establishes the limits for occupational exposure to ionizing radiation that are in line with the exposure limits recommended by international bodies. In this regard, the Committee notes with interest the dose limits established in the Safety Standard on basic criteria for radiation protection NS-02.0 of 2018 (points 1.2.1 and 1.2.3) and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 of 2021 (point 1.3.2, 5) and 7)): (i) in relation to the dose limits for the occupational exposure of exposed workers: (a) an effective dose of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; (b) an equivalent dose for the lens of the eye of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; and (c) an equivalent dose for the hands and feet or skin of 500 mSv per year; and (ii) in relation to higher education students and staff trainees whose training involves exposure to radiation: (a) an effective dose of 6 mSv per year; (b) an equivalent dose for the lens of the eye of 20 mSv per year; and (c) an equivalent dose to the hands and feet or skin of 150 mSv per year.

Furthermore, with regard to protection measures against ionizing radiation, the Committee notes the Government’s indication that, in 2007, the Chilean Institute of Public Health established a personal radiological monitoring programme that detects doses exceeding the limits established in the Safety Standards, which are communicated for investigation to the employer, the worker and the competent authority, with the aim of identifying the cause and taking health measures. The Government adds that, in 2010, a quality assurance programme for personal dosimetry services was established to monitor and maintain the quality of risk assessments of exposure doses received by workers. The Government also indicates that, since 2018, the national registration of doses carried out by authorized personal dosimetry services has allowed for effective epidemiological evaluations to be conducted to support the development of measures and regulations on radiological protection. Lastly, the Committee notes the Government’s indication that the dose limits for workers exposed to ionizing radiation established in Decree No. 3 of 1985 are currently being updated in accordance with the recommendations of international bodies. The Committee requests the Government to continue to provide information on the updating of Decree No. 3 of 1985, and to provide a copy of the new Decree once it has been adopted. It also requests the Government to provide information on the consultations held in this respect, including the most representative organizations of employers and workers consulted and the outcome of the consultations.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. 1. Emergency workers. Further to its previous comments, the Committee notes the information provided by the Government, according to which the revision of Decree No. 3 of 1985 that is currently underway incorporates the ionizing radiation limits for workers who intervene in emergency situations. Referring to paragraphs 36 and 37 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted to define the circumstances that constitute an emergency situation, and to ensure that the reference levels selected are within, or if possible, below the20–100 mSv band, and that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

2. Overexposure of workers to ionizing radiationduring the maintenance of radioactive facilities. The Committee notes the Government’s reference to section 17 of Decree No. 3 of 1985, which establishes that, in situations in which it is necessary to overexpose a person to radioactive contamination, such as during the maintenance of radioactive facilities, express authorization must be granted by the Director of the Health Service, who shall set the limits of the doses that may be received in such situations. The Committee recalls that, in accordance with Article 2 of the Convention, the Convention applies to all activities involving exposure of workers to ionizing radiation in the course of their work. Referring to paragraphs 32, 33 and 34 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted, in the context of the revision and updating of Decree No. 3 of 1985, to ensure that workers carrying out maintenance work on radioactive facilities are within the dose limits recommended for occupational exposure. Furthermore, the Committee requests the Government to provide information on the measures adopted to ensure that the overexposure of workers to ionizing radiation only occurs in emergency situations.

Article 6.Maximum permissible doses of ionizing radiation for pregnant or breastfeeding workers. With regard to the protection of pregnant or breastfeeding workers, the Committee notes that the Safety Standard on basic criteria for radiation protection NS-02.0 and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 do not stipulate the ionizing radiation limit for pregnant or breastfeeding workers. It also notes that section 14 of Decree No. 3 of 1985 approving the regulations on radiological protection in radioactive facilities, provides for a level of protection of 0.5 rem equivalent to 5 mSv. The Committee recalls that, in its General Observation on Convention No. 115, it considers that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (paragraph 33). While noting the information provided by the Government on the process to revise and update Decree No. 3 of 1985, the Committee requests the Government to provide information on the measures adopted to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.

Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. Further to its previous comments, the Committee notes that the Government refers to the radiation exposure limits for the public established in point 1.2.2 of the Safety Standard on the basic criteria for radiation protection, and in point 1.3.2.6 of the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities. The Committee observes that the above-mentioned Safety Standards do not provide for the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its General Observation on Convention No. 115, the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Benzene Convention, 1971 (No. 136)

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. With regard to its previous comments, the Committee notes that Supreme Decree No. 594 of 1999, approving the basic sanitary and environmental conditions for workplaces, has been amended twice since 2016 through Decree No. 30 of 2018 and Decree No. 10 of 2019.

The Committee notes with regret that, despite the amendments, particularly under Decree No. 30 of 2018, which amended, inter alia, section 66 of Supreme Decree No. 594 of 1999 on the permissible limits for chemical substances, the current occupational exposure limits for benzene (1 ppm (time-weighted) and 5 ppm (short-term) are still considerably higher than the limits recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) (0.5 ppm (time-weighted) and 2.5 ppm (short-term)). While noting the Government’s indication that the lowering of occupational exposure limits for benzene is being examined, the Committee requests the Government to provide information on the measures taken in this respect.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. In relation to its previous comments, the Committee notes the information provided by the Government on the repeal of Supreme Decree No. 90 of 1996 approving the safety regulations for the storage, refining, transport and sale to the public of petroleum-derived liquid fuels and the continuing applicability of Supreme Decree No. 160 of 2008 approving the safety regulations for facilities and operations for production and refining, transport, storage, distribution and supply of liquid fuels. The Committee notes that Supreme Decree No. 160 of 2008 establishes the provision of enclosed safety systems for the control of spills from tanks containing liquid fuels (sections 66 and 78), as well as for drainage (section 170) and the delivery of liquid fuels to supply units (section 259(f)). The Committee also notes that, according to section 69 of Supreme Decree No. 160 of 2008, as an alternative means to the enclosed safety systems, systems for conducting liquid fuel spills to remote locations may be used, in accordance with the requirements established in the above-mentioned section 69. The Committee takes note of this information.

Article 14. Application of the Convention. The Committee notes the information contained in the 2018 descriptive study provided by the Government entitled “The exposure of fuel station workers to volatile organic compounds, such as benzene, toluene and xylene”, conducted by the Chilean Institute of Public Health, which reports a decrease in benzene exposure of fuel station workers due to the installation of vapour recovery systems and the automation of dispensing machines. The Committee also notes that the Government’s indication that, as of June 2022, some 158 workers were under surveillance for exposure to benzene, which is 130 more than in 2016. The Committee requests the Government to continue to provide information in relation to the monitoring of workers exposed to benzene.

Asbestos Convention, 1986 (No. 162)

Article 14 of the Convention. Requirement of labelling. Further to its earlier comments, the Committee notes the Government’s reference in its report to Chilean Standard No. 2245 of 2003, which establishes the required content of safety data sheets for chemical substances. In this regard, the Committee notes that under Chilean Standard No. 2245 of 2003, the supplier shall provide a safety data sheet giving details of the chemical substance and the supplier (point 5(b)); identification and categorization of risks (point 7(3)); and a general description of the chemical substance, allowing it to be easily identified in the event of an emergency (point 7(4)). This information must be drafted clearly and concisely in Spanish (point 5(5)). The Committee also notes the provisions of Chilean Standard No. 2190 of 2003 on badges for risk identification in transport of hazardous substances. It particularly notes the requirement that labels, marks and placards must include information on the risks of the hazardous substances listed in points 5, 6, 7 and 8 of the abovementioned Chilean Standard. The Committee takes note of this information, which addresses its previous request.

Article 17(3). Consultation of workers or their representatives on the workplan. In reply to its previous comments, the Committee notes the Government’s indication that, according to paragraph 12.3 of the “Guide for the formulation of a workplan for material containing asbestos (MCA)” workers undertaking work with materials containing asbestos must obligatorily receive training before the beginning of the work in the following areas: health risks and preventive measures; work procedures; personal protective equipment; environmental monitoring and workers’ health programme; handling and elimination of residues, and others.

The Committee notes that the Guide and Instructions on how to request authorization to undertake work with materials containing asbestos (MCA) do not include provisions relative to consultations with the workers and their representatives regarding the workplan. The Committee once again requests the Government to provide information on the measures adopted to ensure that consultations are held with the workers or their representatives on the workplan, in conformity with Article 17(3) of the Convention.

Article 18(3). Prohibition of taking home work clothing and special protective clothing. Further to its earlier comments, the Committee notes the Government’s reference to section 27 of Supreme Decree No. 594 of 1999, which establishes that the employer shall wash the work clothes and adopt measures to prevent workers from taking work clothes out of the workplace. The Committee takes note of this information, which addresses its previous request.

Article 20(1). Measurement and monitoring by the employer. In response to its earlier comments, the Committee notes the information provided by the Government on the methods of measuring the concentration of airborne suspensions of asbestos dust in workplaces and of monitoring workers’ exposure to asbestos. In particular, it notes: (i) the Protocol for determining the airborne concentration of asbestos fibres, in work environments, which is based on the phase-contrast microscopy (PCM) method, approved by Special Resolution No. 29 of 2013; (ii) the Protocol for the sampling of material that contains or may contain asbestos in the workplace, approved by Special Resolution No. 2357 of 2021; and (iii) the Handbook for the elaboration of a workplan for friable and non-friable material containing asbestos. The Committee notes that the Handbook stipulates that the workplan must include a sampling programme for workers and the environment (paragraph 4.2.8), workers must have proof that they are following a health monitoring programme for exposure to asbestos, as well as the result of their latest health check-up, in accordance with a Ministry of Health protocol (paragraph 4.2.13). The Committee requests the Government to indicate at what intervals measurement and monitoring is conducted, in conformity with Article 20(1) of the Convention.

Article 20(2). Period for which records must be kept. Regarding its earlier comments, the Committee notes the Government’s indication that the results of the measurements and monitoring of the work environment and the exposure of workers must be kept by the mutual societies in original format, and may be microfilmed or digitalized, as provided under section 2 of Decree No. 2412 of 1978, establishing rules on recovery and updating of individual accounts and registers. The Government also indicates that, within the framework of the National Occupational Safety and Health Information System, administrative bodies and enterprises with delegated administration must submit information on monitoring programmes. The system is at the phase of technological development. The Committee requests the Government to continue providing information on the manner in which it ensures that records of monitoring of the working environment and of the exposure of workers to asbestos are kept, and also on progress achieved in submitting information on monitoring programmes by administrative bodies and enterprises with delegated administration within the framework of the National Occupational Safety and Health Monitoring System. It also requests the Government to indicate the period during which records of monitoring must be kept, in conformity with Article 20(2) of the Convention.

Article 20(3). Access to the records by the workers, their representatives, and the inspection services. In response to its previous comments, the Committee indicates that, according to section 24 of Decree No. 54 of 1969, approving the Regulations for the constitution and operation of the joint health and safety committees, the committees may request the environmental monitoring reports from the employer. The Government also indicates that, in accordance with the provisions of Chapter IV of the Compendium of Social Security Rules for Employment Accidents and Work-related Diseases, administrative bodies and enterprises with delegated administration shall inform the workers of the results of health monitoring examinations, adopting safeguards for the protection of sensitive data, in compliance with the legislation in force. The Committee takes note of this information, which addresses its previous request.

Article 20(4).Right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. Further to its previous comments, the Committee notes the Government’s indication that, by virtue of section 24 of Decree No. 54 of 1969, the joint safety and health committees may, if they deem it necessary, request the employer to conduct environmental evaluations. These committees may also receive and consider suggestions from the workers on situations they observe in workplaces.

The Committee notes the Government’s indication that workers and their representative organizations may seek recourse to the competent authorities, in case of disagreement in respect of the quality of the prevention activities undertaken by the administrative bodies, including evaluations conducted by the latter in the context of monitoring programmes, and may report failure to respect risk-prevention procedures by the employer to the competent authorities. The Committee requests the Government to provide information on the application in practice of Article 20(4) of the Convention with regard to monitoring of the working environment requested by the workers of their representatives.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 relating to the present Convention, and particularly the request for information in paragraph 30.

Article 1 of the Convention. Application of the Convention by means of laws or regulations or other appropriate means. Consultations with representatives of employers and workers. In its previous comments, the Committee asked the Government to take the necessary measures to consult the representatives of employers and workers about the means referred to in Article 1 (laws or regulations, codes of practice or other appropriate means for giving effect to the Convention), and to provide information on these consultations. The Committee observes that the Government has not sent any information on this matter in its report. The Committee once again requests the Government to provide information on the measures taken to consult the representatives of employers and workers about the means referred to in Article 1 and on the consultations actually held with the employers’ and workers’ representatives.

Article 2. 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 comments, the Committee once again asked the Government to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally authorized and, if so, to indicate the exceptional levels of exposure authorized in such circumstances, and to specify the manner in which these circumstances are defined. The Committee notes that the Government has not provided this information. In this respect, the Committee draws the Government’s attention to paragraphs 36 and 37 of its general observation of 2015. The Committee therefore once again requests the Government to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally authorized and, if so, to indicate the exceptional levels of exposure authorized in such circumstances, and to specify the manner in which these circumstances are defined.

Article 3(1), (2) and (3)(a) and (b), and Article 6(1) and (2). Appropriate steps to ensure effective protection of workers against ionizing radiations, in the light of current knowledge. Review of the maximum permissible doses of ionizing radiations. In its previous comments, the Committee asked the Government to adopt standards without delay establishing the dose limits that are recommended internationally. The Committee also asked the Government to ensure, while new legislation is being adopted, that the dose limits are observed in practice, and to provide information on this subject. The Committee observes that the Government has not sent the information requested. In this respect, the Committee draws the Government’s attention to paragraphs 30–32 of its general observation of 2015. The Committee once again requests the Government to provide information on any standards establishing the internationally recommended dose limits referred to in its general observation of 2015 and to indicate the manner in which it is ensured, pending the adoption of the new legislation, that the above dose limits are observed in practice.

Articles 6 and 8. Maximum permissible doses of ionizing radiations for pregnant women and for workers who are not directly engaged in radiation work. In its previous comments, the Committee asked the Government to ensure that the maximum dose limits established for pregnant women, from the declaration of pregnancy until its term, cannot be exceeded, and asked it to bring the annual dose limit for ionizing radiations for workers who are not directly engaged in radiation work into line with international recommendations. The Committee observes that the Government has not provided any information on this matter. In this respect, the Committee draws the Government’s attention to paragraphs 33 and 35 of its general observation of 2015. The Committee requests the Government to provide information on this subject.

Article 13(b). Obligation of the employer to notify the competent authority. In relation to its previous comments, the Committee notes the information supplied by the Government in its report to the effect that Ordinance No. 19292 of 2015 of the Social Security Supervisory Authority determined that the expression “any person” contained in section 17 of Act No. 18302 of 1984, concerning the obligation to report accidents or any other abnormalities in the operation of nuclear installations or equipment, includes employers. The Committee notes this information.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observations, the Committee requests the Government to provide information on the following additional points.

Article 5 of the Convention. Restricting the exposure of workers to ionizing radiations to the lowest practicable level. The Committee takes note of the information sent by the Government and requests it to continue to report on the measures adopted or envisaged to restrict the exposure of workers to ionizing radiations to the lowest practicable level and to avoid any unnecessary exposure, and in particular on the manner in which the legislation being drafted gives effect to this Article of the Convention.

Article 13. Occupational exposure during an emergency. The Committee again asks the Government to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally allowed and, if so, to indicate the exceptional levels of exposure authorized in such circumstances, and to specify the manner in which these circumstances are defined. The Committee requests the Government, in drafting the new legislation, to take account of paragraphs 16–27 of its general observation of 1992 on this Convention, which concern the limitation of occupational exposure during and after an emergency, and to provide information on this matter.

Article 13(a). Duty to provide an appropriate medical examination. The Committee again asks the Government to provide full information on the type of examinations envisaged in the legislation to give effect to the other situations covered by clause (a) of this Article. The Committee also requests the Government, when issuing regulations on these examinations in the new provisions, to take into account Paragraphs 20–26 of the Radiation Protection Recommendation, 1960 (No. 114).

Article 13(b). Employers’ duty to notify any accident or emergency to the competent authority. In its previous comments, noting that under section 17 of Act No. 18302 of 2 May 1984, accidents or any anomaly in the functioning of installations or in nuclear devices should be communicated within 24 hours by the person noticing the anomaly to the Chilean Nuclear Energy Commission, the Committee asked the Government to indicate the measures adopted or envisaged to prescribe such a duty for employers. The Committee noted that, according to the Government, this provision applies to employers and that, as regards the aspects strictly relating to work, section 76 of Act No. 16744 provides that the employer shall notify occupational accidents to the appropriate administrative body and that fatal or serious accidents shall likewise be notified to the Labour Inspectorate and the Health Secretariat. The Committee pointed out to the Government that this Article goes beyond accidents and includes the situations addressed by paragraph 34 of its general observation of 1992, according to which “under Article 13 of the Convention, circumstances must be specified by laws or regulations or otherwise, in which, because of the nature or degree of the exposure, prompt action shall be taken, including any necessary remedial action by the employer, based on technical findings and medical advice”. Noting that the Government has not supplied the information requested, the Committee once again asks it to send information on the duty to notify cases in which, because of the nature or degree of the exposure, measures shall be taken promptly, as indicated in the general observation and, if such a duty has not been established, to include it in the new legislation and to provide information on the matter.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Legislation. Consultations with representatives of employers and workers. In its previous comments, the Committee asked the Government to provide information on consultations actually held with employers’ and workers’ representatives on the measures referred to in Article 1 of the Convention, including on the draft legislation to amend the dose limits referred to by the Government. The Committee notes that the Government repeats the information it supplied in its previous report, but does not provide the information requested by the Committee regarding this Article of the Convention. In earlier comments the Committee noted that, according to the Government, since 2008 a process has been under way to update the rules on radiological safety and protection and it is hoped that they will enter into force at the end of 2010 or 2011. It notes that, according to the report, the new regulations on radiological protection will shortly enter into force and that their purpose is to change the dose limits for occupationally exposed workers, to bring them into line with the standards in force internationally. The Government also refers to draft regulations on authorizations, which include authorizations pertaining to persons who are occupationally exposed to ionizing radiations. The Committee requests the Government to take the necessary steps to consult the representatives of employers and workers about the measures referred to in Article 1 of the Convention, including the abovementioned regulations, and again asks the Government to provide information on these consultations, specifying the employers’ and workers’ representatives consulted, the issues discussed, and the results of the consultations. It also asks the Government, in drafting the regulations, to take account of the Committee’s comments, including those on the dose limits for workers who are not occupationally exposed, and to provide information on this subject.

Article 3(1), (2) and (3)(a) and (b), and Article 6(1) and (2). Appropriate measures to ensure effective protection of workers against ionizing radiations; revision of the maximum permissible doses of ionizing radiations. For several years, the Committee has been pointing out to the Government that the maximum doses indicated in the relevant legislation are significantly higher than those recommended in its general observation of 1992, which recommends for workers who are occupationally exposed a maximum annual dose of 20 mSv for the body and 15 mSv for the eyes. According to section 98 of Decree No. 745 of 23 July 1992, read in conjunction with section 12 of Decree No. 3 of 3 January 1985, the annual maximum dose currently in force for workers exposed to ionizing radiations is 5 rem (=50 mSv) for the body and 30 rem (=300 mSv) for the eyes. In its previous comments, the Committee noted that the dose limits indicated previously are still in force but that, according to the Government, the system for monitoring workers who are occupationally exposed is governed by the limits that are currently recommended internationally. The Committee notes that the Government indicates that the competent authority, the Chilean Nuclear Energy Commission, endorses the rules set in this Article of the Convention and has the discretion to fix a series of limits and conditions, which are constantly updated. The Committee notes, however, that the Government has not provided the limits or the information requested by the Committee. The Committee once again urges the Government to adopt standards without delay establishing the dose limits that are recommended internationally and are set out in its general observation of 1992; and in so doing, to take account of the Committee’s general observation and comments and to provide a copy of the legislation adopted. Furthermore, the Committee requests the Government to ensure, once the legislation is adopted, that the dose limits referred to by the Committee are observed in practice, and to provide information on this subject.

Article 7(1)(a), read in conjunction with Article 3(3). Measures to fix appropriate levels for certain categories of workers. In its previous comments, the Committee noted that, according to the Government, pregnant women may not receive radiation of occupational origin of above 0.5 rem (=5 mSv) until their pregnancy has come to term. The Committee referred to the recommendations of the International Commission for Radiological Protection (ICRP), mentioned in paragraph 13 of its 1992 general observation, according to which the unborn child should be protected from ionizing radiation by applying an equivalent dose limit of 2 mSv to the surface of the woman’s abdomen from the declaration of the pregnancy until its term. The Committee notes the Government’s statement that, since these limits are established in a decree, which is not easily amended given its rank as a legal instrument, it has been established that in cases where employers establish in their radiological protection manuals a dose limit lower than the one established in the Decree, those limits shall be enforced. The Committee is of the view that voluntary alignment of this nature will not ensure the enforcement of the dose limits the Committee has been referring to for years. The Committee again expresses its concern at the delay in amending the maximum permissible doses given the serious repercussions it may have for the unborn child. The Committee urges the Government to ensure that an equivalent dose limit of 2 mSv to the surface of the woman’s abdomen shall not be exceeded throughout the pregnancy, from the declaration of the pregnancy until its term, and to provide information on this subject.

Article 8 read in conjunction with Article 3. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. In its previous comments, the Committee noted that, according to the Government, these doses would be reflected in the rules undergoing amendment. The Committee notes that, in its report, the Government indicates that Chilean legislation draws no distinction between workers who are directly exposed and those who are not directly exposed in the course of their work. The Committee again draws the Government’s attention to paragraph 5.4.5 of the ILO code of practice Radiation protection of workers (ionizing radiations), and to paragraph 14 of its 1992 general observation on the Convention, which fix the annual dose limit for ionizing radiation at 1 mSv for workers not engaged in radiation work, which is the same as that for members of the public. The Committee again urges the Government to fix the annual dose limit of ionizing radiations at 1 mSv for workers who are not directly engaged in radiation work, and to provide information on this subject.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Consultation with employers’ and workers’ representatives. With reference to its previous comments, the Committee notes that, according to the Government, the Ministry of Labour and Social Welfare informs workers’ and employers’ representatives of any measure to be taken in accordance with the present Convention. They do so through the reports requested from the Government and under the terms of Article 5(d) of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in accordance with which the purpose of the procedures provided for in the Convention shall be consultations on questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the International Labour Organization. The Committee observes that, irrespective of the manner in which they are held, it is essential for consultations to be effective and it requests the Government to provide information on the consultations held in practice with employers’ and workers’ representatives on the measures referred to in Article 1 of the present Convention, including with regard to the amendment of the legislation, to which reference is made in the following paragraph.

Article 3(1), (2) and (3)(a) and (b), and Article 6(1) and (2). Appropriate measures to ensure effective protection of workers against ionizing radiations; revision of the maximum permissible doses of ionizing radiations. With reference to its previous comments, in which the Committee indicated that the maximum doses indicated in the relevant legislation are significantly higher than those recommended in its general observation in 1992, which recommends maximum annual doses of 20 mSv for the body and 15 mSv for the eyes, the Committee notes that the dose limits indicated previously are still maintained, but that the system for monitoring of workers who are occupationally exposed is governed by the limits that are currently recommended at the international level. The Government adds that in 2008 the process was initiated of updating the rules respecting radiological safety and protection and it is hoped that they will enter into force at the end of 2010 or 2011. The Committee urges the Government to adopt in the near future standards establishing the internationally recommended dose limits, which were set out in its general observation of 1992 and in so doing to take into account the general observation and the Committee’s comments. It invites the Government to hold consultations on that legislation with workers’ and employers’ representatives, in accordance with Article 1 of the Convention. Please provide detailed information on this subject.

Article 5. Reduction of the exposure of workers to ionizing radiations to the lowest practicable level. The Committee notes the information provided by the Government to the effect that employers are required to maintain the equipment and installations that are technically necessary to reduce to their minimum level the risks that may arise at the workplace. Nevertheless, the Committee is referring to the organization of work processes in relation to this Article, and not only to equipment and installations. The Committee requests the Government to continue providing information on this subject, and particularly on the manner in which the new legislation gives effect to this Article of the Convention.

Article 7(1), read in conjunction with Article 3(3). Measures to fix appropriate levels for certain categories of workers. In its previous comments, the Committee pointed out that, under the terms of section 12 of Decree No. 3 of 3 January 1985, the annual dose limit of ionizing radiations for workers directly exposed is 50 mSv. It recalled that, according to its general observation of 1992, the 1990 recommendations of the International Commission for Radiological Protection (ICRP) recommend an annual dose limit of 20 mSv for workers directly exposed to ionizing radiation and who are 18 years or over. The Committee notes the Government’s indication that pregnant women may not receive radiation of occupational origin above 0.5 rem (5 mSv) until their pregnancy has come to term. The Committee referred previously to the recommendations of the ICRP to which it refers in paragraph 13 of its 1992 general observation, according to which the unborn child should be protected from ionizing radiation by applying an equivalent dose limit to the surface of the woman’s abdomen of 2 mSv from the declaration of the pregnancy until its term. The Committee notes that, according to the Government’s report, the legislation will be updated to reflect international standards, according to the information provided with regard to the application of Article 3 of the Convention. The Committee expresses concern at the delays in amending the legislation, which may have serious repercussions on unborn children. The Committee once again urges the Government to amend the legislation rapidly and to provide information on the subject.

Article 8, read in conjunction with Article 3. Admissible maximum doses of ionizing radiations for workers not directly involved with radiation. The Committee notes that these doses will be reflected in the amended legislation and it requests detailed information on this subject.

Article 13. Occupational exposure during an emergency. The Committee draws the Government’s attention to paragraphs 16 to 27 of its general observation of 1992 on this Convention, which relate to the limitation of occupational exposure during and after an emergency. The Government is asked to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally allowed and, if so, to indicate the exceptional levels of exposure authorized in such circumstances, and to specify the manner in which such circumstances are defined.

Article 13(a). Duty to provide appropriate medical examination. The Committee notes the Government’s indications relating to emergency situations. The Committee requests the Government to provide full information on the type of examinations envisaged in the legislation to give effect to the other situations covered by clause (a) of this Article. The Committee also requests the Government, when issuing regulations on such examinations in the new provisions to take into account Paragraphs 20 to 26 of the Radiation Protection Recommendation, 1960 (No. 114), and to provide detailed information on this subject.

Article 13(b). Employers’ duty to notify the competent authority of any accident or emergency. In its previous direct request, noting that under section 17 of Act No. 18302, of 2 May 1984, accidents or any anomaly in the functioning of installations or of nuclear devices should be communicated within 24 hours by the person noticing the anomaly to the Chilean Nuclear Energy Commission, the Committee requested the Government to indicate the measures adopted or envisaged to prescribe such a duty for employers. The Committee notes the Government’s indication that this provision applies to employers, and with regards to the labour aspects, section 76 of Act No. 16744 provides that the employer shall notify the respective administrative body of employment accidents and, in the case of fatal or serious accidents, the Labour Inspectorate and the Health Secretariat shall also be notified. The Committee draws the Government’s attention to the fact that this Article goes beyond accidents and includes the situations addressed by paragraph 34 of its 1992 general observation, according to which “under Article 13 of the Convention, circumstances must be specified, by laws or regulations or otherwise, in which, because of the nature or degree of the exposure, prompt action shall be taken, including any necessary remedial action by the employer, based on technical findings and medical advice”. The Committee requests the Government to provide information on the duty to notify cases in which, because of the nature or degree of the exposure, measures shall be taken promptly, as indicated in the general observation and, if such an obligation has not been established, to include it in the new legislation and to provide information on this subject.

Article 14. Alternative employment or other measures to maintain the earnings of workers when the continuation of such workers in work involving exposure is inadvisable for medical reasons. The Committee notes that, in the information provided concerning the application of the previous Article, the Government indicates that in cases in which workers are affected by an occupational disease, the workers have to be transferred to other work where they are not exposed to the cause of the disease. In this respect, the Committee recalls that in paragraph 32 of its 1992 general observation on the Convention it indicates that every effort must be made to provide the workers concerned (those whose continued employment in a particular job is inadvisable for health reasons) with suitable alternative employment or to maintain their income through social security measures or otherwise, where continued assignment to work involving exposure is found to be medically inadvisable. This requirement does not only relate to workers who have already been found to be suffering from an occupational disease, but also prior to that stage with a view to preventing a disease. The Committee therefore requests the Government to consider the adoption of appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work in which the worker could be exposed to ionizing radiations which would be inadvisable for medical reasons for such workers, and that the efforts that are necessary will be made to provide them with alternative employment or other means of maintaining their income. It requests the Government to provide information on this subject.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government. It notes the existence of an inspection and monitoring programme of the Department of Nuclear and Radiological Safety of the Chilean Nuclear Energy Commission and on compliance with environmental conditions in workplace and regarding workers who are occupationally exposed. The Chilean Safety Association, in its capacity as the body administering social insurance under Act No. 16744, is the competent body in relation to environmental prevention and the protection of workers exposed to risks of ionizing radiation. It therefore has a physical risks unit which administers the radiation programme. The Committee notes that an average of 15,000 workers who are occupationally exposed to ionizing radiation are recorded as undergoing dosage examinations and that in 2009 the monitoring system detected 46 doses that were significantly higher than those corresponding to 5 mSv a quarter, and that in all cases it was concluded that the worker had not suffered irradiation. In this respect, the Committee recalls that it is essential that the Government ensures that the dose of 100 mSv is not exceeded in a five-year period and requests it to indicate whether this obligation is ensured in the country, and in what manner. The Committee also requests the Government to continue providing information on the application of the Convention in practice.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports.

2. Article 1 of the Convention. Consultation with employers’ and workers’ representatives. The Committee notes that the Government in its response refers to the adoption of Law No. 19.825 amending Law No. 18.302 on nuclear safety. It also notes, once again, the Government’s indication that the Ministry of Health, being the competent authority in the field, has not provided information on the consultation carried out with employers’ and workers’ representatives to give effect to the provisions of the Convention. The Committee requests the Government, once again, to indicate the way in which employers’ and workers’ representatives are consulted on the measures to give effect to this Article of the Convention.

3. Article 3, paragraphs 1, 2 and 3(a) and (b) and Article 6, paragraphs 1 and 2. Effective protection of workers against ionizing radiations; revision of maximum permissible doses and amounts. With reference to its previous comments, the Committee recalls that according to section 98 of Decree No. 745 of 23 July 1992, read in conjunction with section 12 of Decree No. 3 of 3 January 1985, the current annual dose limit for the body of workers exposed to ionizing radiation is 5 rem (equivalent to 50 mSv) and for the eyes is 30 rem (equivalent to 300 mSv). With reference to the content of Article 3, paragraph 1, of the Convention, the Committee notes that to guarantee an effective protection to workers, the admissible maximum doses of ionizing radiation have to be reviewed constantly in the light of “knowledge available” and of “current knowledge”. As indicated in the Committee’s 1992 general observation, relevant information in this respect can be found in the recommendations adopted in 1990 by the International Commission on Radiological Protection (ICRP) contained in the publication International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources (IAE Security Collection, Series No. 115). In this respect, the Committee notes that the Government seems to indicate that the International Basic Safety Standards are being applied in the country. The Committee notes, however, that the maximum doses previously referred to are significantly higher than those recommended by the IAE, which recommends maximum annual doses of 20 mSv for the body and 15 mSv for the eyes. As a consequence, the Committee hopes that the Government will be able to inform the Committee, in the near future, of the adoption of new dose limits for workers directly exposed to ionizing radiations.

4. Article 5. Reduction of the exposure of workers to ionizing radiations to the lowest practicable level. The Committee recalls that in its previous comments it referred to section 2 of Law No. 15737 of 24 October 1964 which limits to six hours the daily working time for workers exposed to ionizing radiation at work and for those engaged in radiotherapy (section 1 of the Law) and to section 1 of Law No. 15778 of 30 October 1964 according to which these groups of workers should enjoy 30 working days of holidays in the summer and 15 working days of holidays in the winter and that it is only section 13 of Decree No. 3 of 3 January 1985 which aims explicitly at reducing to the lowest practicable level the exposure to ionizing radiations for a specific group of workers, that is, women. The Committee notes that the last report does not contain any information in this respect and reiterates its request to the Government to provide information on the measures adopted or envisaged with a view to reducing to the lowest practicable level the exposure of all workers to ionizing radiations and to avoid all unnecessary exposure.

5. Article 7, paragraph 1(a), read in conjunction with Article 3, paragraph 3. Measures to fix appropriate levels for certain categories of workers. The Committee pointed out in its previous comments that, according to the terms of section 12 of Decree No. 3 of 3 January 1985, the annual dose limit of ionizing radiation for workers directly exposed is 50 mSv. It recalls that the 1990 recommendations of the ICRP recommend an annual dose limit of 20 mSv for workers directly exposed to ionizing radiation and who are 18 years of age or over. The Committee notes the Government’s indication according to which pregnant women cannot receive occupational radiation doses higher than 0.5 rem (5 mSv) throughout the pregnancy. The Committee refers to the recommendations of the ICRP referred to in paragraph 13 of its 1992 general observation, according to which the unborn child should be protected from ionizing radiation by applying an equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv from the declaration of the pregnancy until its term. The Committee requests the Government to take measures so as to bring into conformity the current annual dose limits for the referred categories of workers and dose limits for pregnant women with those recommended by the ICRP in 1990.

6. Article 8 read in conjunction with Article 3. Admissible maximum doses of ionizing radiations for workers not directly involved with radiation. According to the indications contained in the Government’s last report, no special levels have been fixed for the cases treated under this Article of the Convention and that the standards applied are the same as those set for members of the general public. In this respect, the Committee draws the Government’s attention to paragraph 5.4.5 of the ILO code of practice, and to paragraph 14 of its 1992 general observation which fixes the annual dose limit for ionizing radiation at 1 mSv for this category of workers, its average being calculated over a five-year period. The Committee requests the Government to take the necessary measures to fix the appropriate levels for this category of worker.

7. Article 13(a). Duty to provide appropriate medical examination to workers exposed to radiation after an accident or in cases of emergency. In the context of medical examinations workers should benefit from after an accident or in emergency situations, the Government refers once again to the provisions of Act No. 16744. In this regard, the Committee noted in its previous comments that the provisions of this law aim only at prescribing preventive measures for professional risks. It noted that these provisions do not provide for measures in order to optimize the protection of workers in cases of accidents or emergency situations, in particular as regards the requirement to provide such workers with medical examinations. In consequence, the Committee requests the Government to take appropriate measures to ensure that workers affected could benefit from medical examinations in emergency situations in accordance with the Convention.

8. Article 13(b). Employers’ duty to notify the competent authority of any accident or anomaly. With reference to section 17 of Act No. 18302 of 2 May 1984, which provides that accidents or any anomaly in the functioning of undertakings or of nuclear devices should be communicated within 24 hours by the person noticing the anomaly to the Chilean Nuclear Energy Commission, the Committee requested the Government, in its previous comments, to indicate measures adopted or envisaged to prescribe such a duty for employers. As the Government’s last report did not contain any information in this regard, the Committee once again urges the Government to indicate the measures adopted or envisaged to prescribe that employers be required to notify the competent authority of any accident or anomaly.

9. Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general indication on the manner in which the Convention is applied in the country, including, for instance, extracts from inspection reports, statistical information on the number of workers covered by the legislation, the number and nature of registered infringements, the number and causes of registered accidents and the measures taken to solve those accidents, individual protective equipment provided to workers such as dosimeters, etc.

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

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

1. Article 1 of the Convention. The Committee notes the Government’s statement that the Ministry of Health, which is the competent authority for such matters, has not sent information regarding consultations held with the representatives of employers and workers in order to give effect to the provisions of the Convention. The Committee asks the Government to indicate the manner in which employers’ and workers’ representatives are consulted on the measures to be taken in order to give effect to the provisions of the Convention.

2. Article 3, paragraphs 1, 2 and 3(a) and (b), and Article 6, paragraphs 1 and 2. The Committee notes that, according to section 98 of Decree No. 745 of 23 July 1992 read in conjunction with section 12 of Decree No. 3 of 3 January 1985, for workers exposed to ionizing radiations the maximum annual value currently in force is 5 rem (= 50 mSv) for the whole body and 30 rem (= 300 mSv) for the lens of the eye. The Committee draws the Government’s attention in this connection to the fact that according to Article 3, paragraphs 1 and 2, and Article 6, paragraphs 1 and 2, of the Convention, all appropriate measures must be taken to ensure that workers are effectively protected against ionizing radiations. To this end, maximum permissible doses of ionizing radiations must be constantly reviewed in the light of "knowledge available at the time" and "current knowledge". The Committee recalls that the maximum permissible doses of radioactive substances were set in Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 and reproduced in 1994 in the international basic standards established under the auspices of the IAEA, the ILO, the WHO and three other international organizations. In its Recommendations, the ICRP advocates a maximum annual dose of 20 mSv for the whole body and of 15 mSv for the lens of the eye. The Committee therefore hopes that the Government will shortly be in a position to inform it of the adoption of new dose limits for workers directly assigned to work involving ionizing radiations.

3. Article 5. The Committee notes the provision of section 2 of Act No. 15.737 of 24 October 1964 restricting daily working time to six hours for workers exposed to X-rays in the course of their work and who are involved in radiotherapy (section 1 of the above Act). Furthermore, under section 1 of Act No. 15.778 of 30 October 1964, the abovementioned workers are entitled to leave of 30 working days in summer and 15 working days in winter. The Committee notes that, although these measures mean less exposure to ionizing radiations for the workers concerned, this Article of the Convention aims to restrict exposure to the lowest practicable level. In this connection, the Committee notes that only section 13 of Decree No. 3 of 3 January 1985 expressly provides for exposure to ionizing radiations to be reduced to the lowest practicable level for a specific category of workers, in this case women. Consequently, it asks the Government to indicate the measures taken or envisaged to restrict the exposure of all workers to the lowest practicable level and to avoid all unnecessary exposure.

4. Article 7, paragraph 1(a). The Committee notes that according to section 12 of Decree No. 3 of 3 January 1985 the annual maximum permissible dose of ionizing radiations where workers are involved directly in work involving ionizing radiations is 50 mSv. The Committee refers the Government to the Recommendations adopted by the ICRP in 1990 which fix an annual limit of 20 mSv for workers aged 18 and over engaged directly in radiation work, and asks it to indicate the measures taken or contemplated to align the annual maximum permissible dose with that recommended by the ICRP in 1990.

5. Article 8. The Committee notes from the information in the Government’s report that there are no specific provisions fixing maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. In this context, the Government points out that the maximum annual doses set in sections 12, 13, 14 and 15 of Decree No. 3 of 3 January 1995 also apply to this category of workers. The Committee recalls that Article 8 of the Convention requires specific maximum levels to be fixed for workers who are not directly engaged in radiation work but whose duties may expose them to such radiations. In this connection, the Committee draws the Government’s attention to paragraph 5.4.5 of the ILO’s code of practice and paragraph 14 of its general observation of 1992 on the Convention which fix the maximum annual dose of ionizing radiations, on the basis of the ICRP, at 1 mSv for this category of workers which is the dose set for members of the public. The Committee therefore asks the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers.

6. Article 13(a). In the context of medical examinations to be undergone by workers following an accident or emergency, the Government refers to the provisions of Act No. 16.744. The Committee notes in this connection that the relevant provisions (sections 65-71) of the Act provide only for preventive measures to be prescribed in respect of occupational hazards. They do not provide for measures to optimize the protection of workers during accidents or emergency operations, particularly as regards availability of medical examinations in the event of exposure in exceptional circumstances. The Committee asks accordingly the Government to indicate the measures taken or envisaged to ensure that the workers concerned are entitled to undergo medical examination in emergencies.

7. Article 13(b). The Committee notes that, under section 17 of Act No. 18.302 of 2 May 1984, accidents or any other abnormality in the operation of the facility or in nuclear equipment must be reported to the Chilean Nuclear Energy Commission by any person noting the abnormality, within 24 hours at most. The Committee notes that there would appear to be no specific obligation on the employer in this respect, as required by Article 13(b) of the Convention, and asks the Government to indicate the measures taken or contemplated to establish such an obligation for the employer.

8. Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

The Committee also asks the Government to provide a copy of the "code of practice on physical hazards" published by the Ministry of Health in 1982.

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

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

The Committee notes the information supplied by the Government in its reports. It asks the Government to provide further information on the following points.

1. Article 1 of the Convention. The Committee notes the Government’s statement that the Ministry of Health, which is the competent authority for such matters, has not sent information regarding consultations held with the representatives of employers and workers in order to give effect to the provisions of the Convention. The Committee asks the Government to indicate the manner in which employers’ and workers’ representatives are consulted on the measures to be taken in order to give effect to the provisions of the Convention.

2. Article 3, paragraphs 1, 2 and 3(a) and (b), and Article 6, paragraphs 1 and 2. The Committee notes that, according to section 98 of Decree No. 745 of 23 July 1992 read in conjunction with section 12 of Decree No. 3 of 3 January 1985, for workers exposed to ionizing radiations the maximum annual value currently in force is 5 rem (= 50 mSv) for the whole body and 30 rem (= 300 mSv) for the lens of the eye. The Committee draws the Government’s attention in this connection to the fact that according to Article 3, paragraphs 1 and 2, and Article 6, paragraphs 1 and 2, of the Convention, all appropriate measures must be taken to ensure that workers are effectively protected against ionizing radiations. To this end, maximum permissible doses of ionizing radiations must be constantly reviewed in the light of "knowledge available at the time" and "current knowledge". The Committee recalls that the maximum permissible doses of radioactive substances were set in Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 and reproduced in 1994 in the international basic standards established under the auspices of the IAEA, the ILO, the WHO and three other international organizations. In its Recommendations, the ICRP advocates a maximum annual dose of 20 mSv for the whole body and of 15 mSv for the lens of the eye. The Committee therefore hopes that the Government will shortly be in a position to inform it of the adoption of new dose limits for workers directly assigned to work involving ionizing radiations.

3. Article 5. The Committee notes the provision of section 2 of Act No. 15.737 of 24 October 1964 restricting daily working time to six hours for workers exposed to X-rays in the course of their work and who are involved in radiotherapy (section 1 of the above Act). Furthermore, under section 1 of Act No. 15.778 of 30 October 1964, the abovementioned workers are entitled to leave of 30 working days in summer and 15 working days in winter. The Committee notes that, although these measures mean less exposure to ionizing radiations for the workers concerned, this Article of the Convention aims to restrict exposure to the lowest practicable level. In this connection, the Committee notes that only section 13 of Decree No. 3 of 3 January 1985 expressly provides for exposure to ionizing radiations to be reduced to the lowest practicable level for a specific category of workers, in this case women. Consequently, it asks the Government to indicate the measures taken or envisaged to restrict the exposure of all workers to the lowest practicable level and to avoid all unnecessary exposure.

4. Article 7, paragraph 1(a). The Committee notes that according to section 12 of Decree No. 3 of 3 January 1985 the annual maximum permissible dose of ionizing radiations where workers are involved directly in work involving ionizing radiations is 50 mSv. The Committee refers the Government to the Recommendations adopted by the ICRP in 1990 which fix an annual limit of 20 mSv for workers aged 18 and over engaged directly in radiation work, and asks it to indicate the measures taken or contemplated to align the annual maximum permissible dose with that recommended by the ICRP in 1990.

5. Article 8. The Committee notes from the information in the Government’s report that there are no specific provisions fixing maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. In this context, the Government points out that the maximum annual doses set in sections 12, 13, 14 and 15 of Decree No. 3 of 3 January 1995 also apply to this category of workers. The Committee recalls that Article 8 of the Convention requires specific maximum levels to be fixed for workers who are not directly engaged in radiation work but whose duties may expose them to such radiations. In this connection, the Committee draws the Government’s attention to paragraph 5.4.5 of the ILO’s code of practice and paragraph 14 of its general observation of 1992 on the Convention which fix the maximum annual dose of ionizing radiations, on the basis of the ICRP, at 1 mSv for this category of workers which is the dose set for members of the public. The Committee therefore asks the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers.

6. Article 13(a). In the context of medical examinations to be undergone by workers following an accident or emergency, the Government refers to the provisions of Act No. 16.744. The Committee notes in this connection that the relevant provisions (sections 65-71) of the Act provide only for preventive measures to be prescribed in respect of occupational hazards. They do not provide for measures to optimize the protection of workers during accidents or emergency operations, particularly as regards availability of medical examinations in the event of exposure in exceptional circumstances. The Committee asks accordingly the Government to indicate the measures taken or envisaged to ensure that the workers concerned are entitled to undergo medical examination in emergencies.

7. Article 13(b). The Committee notes that, under section 17 of Act No. 18.302 of 2 May 1984, accidents or any other abnormality in the operation of the facility or in nuclear equipment must be reported to the Chilean Nuclear Energy Commission by any person noting the abnormality, within 24 hours at most. The Committee notes that there would appear to be no specific obligation on the employer in this respect, as required by Article 13(b) of the Convention, and asks the Government to indicate the measures taken or contemplated to establish such an obligation for the employer.

8. Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

The Committee also asks the Government to provide a copy of the "code of practice on physical hazards" published by the Ministry of Health in 1982.

[The Government is asked to report in detail in 2004.]

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

The Committee notes the information supplied by the Government in its reports. It asks the Government to provide further information on the following points.

1. Article 1 of the Convention. The Committee notes the Government’s statement that the Ministry of Health, which is the competent authority for such matters, has not sent information regarding consultations held with the representatives of employers and workers in order to give effect to the provisions of the Convention. The Committee asks the Government to indicate the manner in which employers’ and workers’ representatives are consulted on the measures to be taken in order to give effect to the provisions of the Convention.

2. Article 3, paragraphs 1, 2 and 3(a) and (b), and Article 6, paragraphs 1 and 2. The Committee notes that, according to section 98 of Decree No. 745 of 23 July 1992 read in conjunction with section 12 of Decree No. 3 of 3 January 1985, for workers exposed to ionizing radiations the maximum annual value currently in force is 5 rem (= 50 mSv) for the whole body and 30 rem (= 300 mSv) for the lens of the eye. The Committee draws the Government’s attention in this connection to the fact that according to Article 3, paragraphs 1 and 2, and Article 6, paragraphs 1 and 2, of the Convention, all appropriate measures must be taken to ensure that workers are effectively protected against ionizing radiations. To this end, maximum permissible doses of ionizing radiations must be constantly reviewed in the light of "knowledge available at the time" and "current knowledge". The Committee recalls that the maximum permissible doses of radioactive substances were set in Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 and reproduced in 1994 in the international basic standards established under the auspices of the IAEA, the ILO, the WHO and three other international organizations. In its Recommendations, the ICRP advocates a maximum annual dose of 20 mSv for the whole body and of 15 mSv for the lens of the eye. The Committee therefore hopes that the Government will shortly be in a position to inform it of the adoption of new dose limits for workers directly assigned to work involving ionizing radiations.

3. Article 5. The Committee notes the provision of section 2 of Act No. 15.737 of 24 October 1964 restricting daily working time to six hours for workers exposed to X-rays in the course of their work and who are involved in radiotherapy (section 1 of the above Act). Furthermore, under section 1 of Act No. 15.778 of 30 October 1964, the abovementioned workers are entitled to leave of 30 working days in summer and 15 working days in winter. The Committee notes that, although these measures mean less exposure to ionizing radiations for the workers concerned, this Article of the Convention aims to restrict exposure to the lowest practicable level. In this connection, the Committee notes that only section 13 of Decree No. 3 of 3 January 1985 expressly provides for exposure to ionizing radiations to be reduced to the lowest practicable level for a specific category of workers, in this case women. Consequently, it asks the Government to indicate the measures taken or envisaged to restrict the exposure of all workers to the lowest practicable level and to avoid all unnecessary exposure.

4. Article 7, paragraph 1(a). The Committee notes that according to section 12 of Decree No. 3 of 3 January 1985 the annual maximum permissible dose of ionizing radiations where workers are involved directly in work involving ionizing radiations is 50 mSv. The Committee refers the Government to the Recommendations adopted by the ICRP in 1990 which fix an annual limit of 20 mSv for workers aged 18 and over engaged directly in radiation work, and asks it to indicate the measures taken or contemplated to align the annual maximum permissible dose with that recommended by the ICRP in 1990.

5. Article 8. The Committee notes from the information in the Government’s report that there are no specific provisions fixing maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. In this context, the Government points out that the maximum annual doses set in sections 12, 13, 14 and 15 of Decree No. 3 of 3 January 1995 also apply to this category of workers. The Committee recalls that Article 8 of the Convention requires specific maximum levels to be fixed for workers who are not directly engaged in radiation work but whose duties may expose them to such radiations. In this connection, the Committee draws the Government’s attention to paragraph 5.4.5 of the ILO’s code of practice and paragraph 14 of its general observation of 1992 on the Convention which fix the maximum annual dose of ionizing radiations, on the basis of the ICRP, at 1 mSv for this category of workers which is the dose set for members of the public. The Committee therefore asks the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers.

6. Article 13(a). In the context of medical examinations to be undergone by workers following an accident or emergency, the Government refers to the provisions of Act No. 16.744. The Committee notes in this connection that the relevant provisions (sections 65-71) of the Act provide only for preventive measures to be prescribed in respect of occupational hazards. They do not provide for measures to optimize the protection of workers during accidents or emergency operations, particularly as regards availability of medical examinations in the event of exposure in exceptional circumstances. The Committee asks accordingly the Government to indicate the measures taken or envisaged to ensure that the workers concerned are entitled to undergo medical examination in emergencies.

7. Article 13(b). The Committee notes that, under section 17 of Act No. 18.302 of 2 May 1984, accidents or any other abnormality in the operation of the facility or in nuclear equipment must be reported to the Chilean Nuclear Energy Commission by any person noting the abnormality, within 24 hours at most. The Committee notes that there would appear to be no specific obligation on the employer in this respect, as required by Article 13(b) of the Convention, and asks the Government to indicate the measures taken or contemplated to establish such an obligation for the employer.

8. Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

The Committee also asks the Government to provide a copy of the "code of practice on physical hazards" published by the Ministry of Health in 1982.

[The Government is asked to report in detail in 2003.]