Radiation Protection Convention, 1960 (No. 115) - Paraguay (Ratification: 1967)

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

Previous comments: C.115, C.119 and C.120

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

Legislation and national policy on occupational safety and health. The Committee notes that the Government indicates the adoption of the following legislation: (i) Act No. 5804/17, which establishes the national system for the prevention of occupational hazards; (ii) Decision No. 03/2022 of the Ministry of Labour, Employment and Social Security (MTESS), which regulates the content and frequency of the mandatory health examinations for recruitment and periodical health examinations of workers, and other aspects related to occupational safety and health, in accordance with Decree No. 5078/2021 of 5 April 2021; and (iii) MTESS Decision No. 359/16, which regulates the procedure for the registration of professionals performing duties in the area of occupational safety and health, and which establishes the related categories, requirements and penalties. The Committee also notes the Government’s indications in its report that the MTESS and the Ibero-American Social Security Organization forged a strategic alliance through the signature of a memorandum of understanding to develop and apply a national occupational safety and health policy, and provide quality specialization training for inspectors from the MTESS.

Application in practice of Conventions Nos 115, 119 and 120. The Committee notes the Government’s indications that, during the COVID-19 pandemic, in 2020, 9,733 inspections were carried out in enterprises for the enforcement of compliance with occupational safety and health standards in the 17 departments of the country. The Government also indicates that, during the first half of 2021, the General Directorate of Labour Inspection and Monitoring, under the Annual Management Plan, carried out 94 inspections in enterprises, delivered 450 notifications to enterprises for the preventive enforcement of compliance with existing legal standards, and 969 checks on compliance with the health protocols and health provisions in force within the context of the COVID-19 pandemic. The Committee also notes the Government’s indications that a series of courses and seminars on occupational safety and health were delivered to inspectors, regional directors of the MTESS and occupational safety and health officers, and an event on the promotion of a safe and healthy working environment as a fundamental principle at work was held in June 2023. 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 and cause of occupational accidents and diseases reported, and information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of offences detected and the penalties imposed, including in commerce and offices.

A. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1) and (2), and 6 of the Convention. Measures to ensure the effective protection of workers against ionizing radiations in the light of current knowledge. Revision of the maximum permissible doses of ionizing radiation. Consultations with the social partners. The Committee notes that the Government indicates in its report the adoption of the Basic Regulations on radiation protection and safety of ionizing radiation sources, by means of Decision No. 006/2016 of the Board of Directors of the Radiological and Nuclear Regulatory Authority (D-ARRN), which was amended by D-ARRN Decision No. 26/2016 of 22 September 2016. The Committee notes the Government’s reference to sections 73 to 85 of the Regulations concerning maximum permissible doses of ionizing radiation. In this regard, the Committee notes that the following limits are in line with the exposure limits recommended by international bodies: (i) with regard to the dose limits for the occupational exposure of workers aged over 18: (a) an effective average dose of 20 mSv per year within a period of five consecutive years, with a total of 100 mSv during the five years; (b) an effective dose of 50 mSv in a single year; (c) an equivalent dose to the lens of the eye of 20 mSv in a year; and (d) an equivalent dose to the extremities (hands and feet) and to the skin of 500 mSv in a year (section 75 of the Regulations); and (ii) concerning students aged between 16 and 18 years who require the use of ionizing radiation in the course of their studies: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or the skin of 150 mSv in a year (section 77 of the Regulations). Regarding the limits for emergency workers, pregnant or breastfeeding workers, and workers who are not directly engaged in radiation work, the Committee refers to Articles2, 6 and 8 below. With reference to its comments on Articles 2, 6 and 8, the Committee requests the Government to provide information on the updating of the maximum permissible doses of ionizing radiations established in the Basic Regulations on radiation protection and safety of ionizing radiation sources in the subsequent years, based on the development of new knowledge, and in consultation with the social partners.

Article 2. Activities involving exposure of workers to ionizing radiation in the course of their work. Emergency workers. The Committee notes that, while section 73 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes special limits for exceptional circumstances, it does not provide a definition of those circumstances. The Committee notes that section 74 of the Regulations provides that the dose limits established in the Regulations only apply to planned exposure, with the exception of medical exposure and existing exposure. With reference to paragraphs 36 and 37 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to: (i) establish the circumstances constituting an emergency; (ii) guarantee that the reference levels selected are within the 20–100 mSv band or, where possible, below that band; and (iii) ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

Article 6. Maximum permissible doses of ionizing radiation for pregnant and breastfeeding workers. The Committee notes that section 87 of the Basic Regulations on radiation protection and safety of ionizing radiation sources provides that, once pregnancy is declared, working conditions must be such that it is highly improbable that the individual equivalent dose to the surface of the abdomen exceeds 2 mSv. The Committee recalls that the methods of protection at work for pregnant workers should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is 1 mSv, and that, once an employer has been notified of the pregnancy of a worker, additional controls must be considered in order to attain this level of protection for the embryo/foetus. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle must apply to breastfeeding workers (paragraph 12 of the General Observation of 2015). However, the Committee observes that section 87 of the Regulations does not mention breastfeeding workers. With reference to paragraph 12 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure an annual dose limit of ionizing radiation of 1 mSv for pregnant and breastfeeding workers.

Article 8. Maximum permissible doses of ionizing radiation for workers who are not directly engaged in radiation work. The Committee notes that section 78 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes the estimated average doses for relevant critical groups of members of the public, which are in accordance with the recommendations of the International Commission on Radiological Protection, but does not provide for anything on workers who are not directly engaged in radiation work. With reference to paragraph 35 of its General Observation of 2015, the Committee requests the Government to indicate whether the dose limits established for relevant critical groups of members of the public in section 78 of theBasic Regulations on radiation protection and safety of ionizing radiation sources include workerswho are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Further to its previous comments, the Committee notes the Government’s indications in its report that section 8 of Decree No. 7550/2017, which regulates Act No. 5508, of 28 October 2015, on the promotion and protection of maternity and support for breastfeeding, establishes that, during pregnancy, workers who are regularly engaged in work considered by the competent authority as harmful to their health shall be reassigned, with no reduction in their remuneration, to other work that is not detrimental to their condition. In addition, the Committee notes that, while the Government also refers to section 60 of the Basic Regulations on radiation protection and safety of ionizing radiation sources, it does not provide that workers must not be assigned to work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also notes that section 96 of the aforementioned Regulations sets out the obligation to make appropriate arrangements or agreements to provide occupational medical surveillance in accordance with the provisions established by the Radiological and Nuclear Regulatory Authority and the recommendations of the International Atomic Energy Agency on this matter. While it notes the information provided by the Government on pregnant workers, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that no workers shall be employed, or shall continue to be employed, in work that may expose them to ionizing radiation contrary to qualified medical advice.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Noting the lack of information provided by the Government in its report, the Committee requests it to provide information on the measures adopted or envisaged to ensure that the sale and hire of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure that the persons included in Article 4 of the Convention apply Article 2 of the Convention.

B. Protection in specific branches of activity

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

Article 6 of the Convention.Adequate inspection services.With reference to the previous request of the Committee on inspections and application in practice, the Committee notes the information provided and refers to its comments above on the application in practice of the ratified Conventions.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the Government’s indication in its report that the application of this Article of the Convention is reflected in the diagnostic services and treatment afforded to pregnant workers who are subjected to occupational exposure, and in the measures adopted to protect the foetus from ionizing radiation or, if applicable, to transfer pregnant women from their posts without affecting their income during pregnancy. The Committee reminds the Government that, in accordance with this Article, it must take all 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 where this is inadvisable for medical reasons. These measures must apply to all workers, not just to pregnant women. Furthermore, the Committee wishes to draw the Government’s attention to paragraph 40 of its general observation of 2015, according to which employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. The Committee once again requests the Government to take measures to ensure that no workers shall be employed, or shall continue to be employed, in work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also invites the Government to provide information on any measures taken or envisaged regarding offers of alternative employment to such workers.

Application in practice. The Committee notes the Government’s indication that it will continue to provide information on the application of the Convention in practice but notes that the Government has not replied to its request of 2009. The Committee once again requests the Government to provide information on the application of the Convention in practice, including information on the number of workers covered by the Convention and the number and nature of reported violations.

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

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 refers to paragraph 32 of its 1992 general observation under the Convention, which states that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. In the light of the above indications, the Committee reiterates its request to the Government to consider taking appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Part V of the report form. Application in practice. The Committee notes that the report refers to two matters relating to application. Firstly, the report indicates that there are some problems regarding compliance with the Convention in some regions of Paraguay, specifically in the interior of the country, where there are few support services for developing a quality assurance programme. For example, the Government refers to the problem of obtaining a certificate of calibration for ionizing radiation equipment located in remote areas, since the country has very few companies which are authorized to provide this service and these are located in the capital, and consequently installations in the most remote places are on a waiting list. This poses problems of compliance with the Convention. Secondly, the Government indicates the lack of a safety culture for workers subjected to exposure since there is no compensation in the occupational safety sphere. The Committee notes that the Government requests assistance from the Office in its report to strengthen the safety culture by means of national and regional training courses for workers subjected to exposure. The Committee agrees that it is vitally important to strengthen a safety and health culture and accordingly draws the Government’s attention to paragraph 306 of its General Survey of 2009 on occupational safety and health, in which the Committee considered it imperative that all the parties cooperate in developing and enhancing measures for social protection and healthy and safe working conditions, and considered that it is equally important for all parties to cooperate in promoting a preventative safety and health culture as advocated in the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation No. 197, and for which Convention No. 155, its Protocol of 2002 and Recommendation No. 164 have laid the foundation. The Committee hopes that the Government can avail itself of technical assistance from the Office in order to strengthen a culture of prevention. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, the number of workers protected by the Convention, and the number and nature of infringements reported.

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

1. The Committee notes the information contained in the Government’s report. It notes with satisfaction the adoption of Decree No. 10754/2000 including provisions giving effect to Article 3, paragraph 1 (measures taken to ensure effective protection of workers against ionizing radiation), Article 4 (obligation to arrange and conduct activities to ensure effective protection), Article 5 (restricting exposure to ionizing radiation to the lowest practicable level), Article 6, paragraph 1 (maximum permissible doses of ionizing radiations for various categories of workers) and Article 7, paragraph 1 (maximum permissible doses for workers under the age of 18), of the Convention.

2. Article 2 of the Convention and Part V of the report form. Application of the Convention. The Committee notes that according to the Department for the Protection against Radiation of the Directorate for the Control of Occupational Health and Health establishments of the Ministry of Health, Social Welfare Decree No. 10754/2000 applies to all workers occupationally exposed to ionizing radiations in the country. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

1. The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes that the Minister of Public Health and Social Welfare has issued various resolutions concerning workers’ exposure to ionizing radiations, in particular in the health sector. It further notes the Government’s indication that resolution No. 678 of 16 July 1979 establishing standards concerning the risks related to the use of X-rays and radiotherapy in medical applications, has been repealed. The maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body are now fixed by resolution No. 488/90, issued by the Minister of Public Health and Social Welfare, approving technical standards and a manual on radiological protection and nuclear safety in the health sector. The Committee, noting that only the health sector is covered by resolution No. 488/90, requests the Government to indicate the activities, other than those in the health sector, which involve exposure to ionizing radiation and to provide information on the measures taken or contemplated to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiations in the course of their work, in accordance with Article 2 of the Convention.

2. Article 3, paragraph 1, Article 6, paragraph 1, and Article 4. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the International Commission on Radiological Protection (ICRP) in 1990 to ensure effective protection of workers, which also served as a basis for the International Safety Standards of 1994. Pursuant to article 55(a) of resolution No. 488/90, the annual dose limit of exposure to ionizing radiation for workers directly engaged in radiation work is 50 mSv. The ICRP however adopted in 1990 a value of 20 mSv as the annual dose limit, averaged over five years (100 mSv), with the further provision that the effective dose should not exceed 50 mSv in any single year. With regard to the dose limits for pregnant women once the pregnancy is declared, article 58 in conjunction with article 66 of the above resolution provides for a dose limit which is three-tenths of the dose limits established for radiation workers, thus 15 mSv per year. The Committee would therefore draw the Government’s attention to the explanations given in paragraph 13 of its 1992 general observation under the Convention where it referred to the Recommendations of the ICRP. In its current Recommendations, the ICRP recommends that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv. Once the pregnancy is declared, a supplementary equivalent dose limit of 2 mSv should be applied to the surface of the abdomen (lower trunk) for the remainder of the pregnancy. In this respect, the Committee notes with interest the Government’s indication that in practice the dose limits adopted by the international organs are applied. At present, the Minister of Public Health and Social Welfare has submitted a draft law, which reflects the dose limits adopted by the ICRP in 1990. The Committee therefore requests the Government to indicate the present status of the above draft law within the legislative process. It further would ask the Government to supply a copy of the above draft law as soon as it has been adopted.

3. Article 5. The Committee notes that pursuant to article 54 of resolution No. 488/90, the objectives of effective radiation protection are determined by the application of the terms "justification", "optimization" and "limitation of individual doses", in conformity with the requirements set forth by the ICRP. It further notes that the above terms are defined in the introductory remarks to article 54 of resolution No. 488/90. However, this resolution as well as the other legislative texts adopted, neither do they really require that every effort has to be made to restrict the exposure of workers to the lowest practicable level, nor do they provide that any unnecessary exposure must be avoided by all parties concerned. The Committee therefore requests the Government to indicate the measures taken or contemplated to restrict workers’ exposure to the lowest practicable level, and to ensure that any unnecessary exposure to ionizing radiations is avoided. In addition, the Committee asks the Government to explain the legal nature of the introductory remarks to each chapter of resolution No. 488/90, and to indicate in particular whether these remarks are binding and can therefore be used as a basis for legal claims.

4. Article 6, paragraph 2. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the ICRP in order to optimize the protection of workers against ionizing radiations. The Committee understands from the above that the Government is obliged to review the maximum permissible dose limits established in the light of the current knowledge in order to comply with the dose limits adopted by the ICRP in 1990. In this respect, it notes again the Government’s indication that a draft law is being prepared following the new dose limits adopted by the ICRP in 1990. The Committee hopes that the draft law will be adopted in the near future reflecting the current dose limits recommended by the ICRP concerning exposure to ionizing radiations.

5. Article 7, paragraph 1(a). Pursuant to article 55(a) of resolution No. 488/90, the dose limits for workers aged over 18 and who are directly engaged in radiation work is 50 mSv per year. The Committee recalls that the annual dose limit established by the ICRP for this category of workers is 20 mSv. The Committee accordingly hopes that the new draft law will be adopted in the near future and comply with the dose limit established by the ICRP which also served as a basis for the International Safety Standards of 1994.

6. Part V of the report form. The Committee notes the extracts of inspection reports which have been supplied with the Government’s report, as well as the analysis of the results received by measurements carried out with dosemeters in order to supervise exposure to ionizing radiations of personnel employed at the "Centro de Imágenes Golden Center". The Committee invites the Government to continue to provide information on the practical application of the Convention in the country.

2. The Committee reiterates its deep concern on the serious situation shown in its previous comments, as well as the absence of new information. The Committee urges the Government to make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2006.]

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes that the Minister of Public Health and Social Welfare has issued various resolutions concerning workers’ exposure to ionizing radiations, in particular in the health sector. It further notes the Government’s indication that resolution No. 678 of 16 July 1979 establishing standards concerning the risks related to the use of X-rays and radiotherapy in medical applications, has been repealed. The maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body are now fixed by resolution No. 488/90, issued by the Minister of Public Health and Social Welfare, approving technical standards and a manual on radiological protection and nuclear safety in the health sector. The Committee, noting that only the health sector is covered by resolution No. 488/90, requests the Government to indicate the activities, other than those in the health sector, which involve exposure to ionizing radiation and to provide information on the measures taken or contemplated to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiations in the course of their work, in accordance with Article 2 of the Convention.

2. Article 3, paragraph 1, Article 6, paragraph 1, and Article 4. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the International Commission on Radiological Protection (ICRP) in 1990 to ensure effective protection of workers, which also served as a basis for the International Safety Standards of 1994. Pursuant to article 55(a) of resolution No. 488/90, the annual dose limit of exposure to ionizing radiation for workers directly engaged in radiation work is 50 mSv. The ICRP however adopted in 1990 a value of 20 mSv as the annual dose limit, averaged over five years (100 mSv), with the further provision that the effective dose should not exceed 50 mSv in any single year. With regard to the dose limits for pregnant women once the pregnancy is declared, article 58 in conjunction with article 66 of the above resolution provides for a dose limit which is three-tenths of the dose limits established for radiation workers, thus 15 mSv per year. The Committee would therefore draw the Government’s attention to the explanations given in paragraph 13 of its 1992 general observation under the Convention where it referred to the Recommendations of the ICRP. In its current Recommendations, the ICRP recommends that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv. Once the pregnancy is declared, a supplementary equivalent dose limit of 2 mSv should be applied to the surface of the abdomen (lower trunk) for the remainder of the pregnancy. In this respect, the Committee notes with interest the Government’s indication that in practice the dose limits adopted by the international organs are applied. At present, the Minister of Public Health and Social Welfare has submitted a draft law, which reflects the dose limits adopted by the ICRP in 1990. The Committee therefore requests the Government to indicate the present status of the above draft law within the legislative process. It further would ask the Government to supply a copy of the above draft law as soon as it has been adopted.

3. Article 5. The Committee notes that pursuant to article 54 of resolution No. 488/90, the objectives of effective radiation protection are determined by the application of the terms "justification", "optimization" and "limitation of individual doses", in conformity with the requirements set forth by the ICRP. It further notes that the above terms are defined in the introductory remarks to article 54 of resolution No. 488/90. However, this resolution as well as the other legislative texts adopted, neither do they really require that every effort has to be made to restrict the exposure of workers to the lowest practicable level, nor do they provide that any unnecessary exposure must be avoided by all parties concerned. The Committee therefore requests the Government to indicate the measures taken or contemplated to restrict workers’ exposure to the lowest practicable level, and to ensure that any unnecessary exposure to ionizing radiations is avoided. In addition, the Committee asks the Government to explain the legal nature of the introductory remarks to each chapter of resolution No. 488/90, and to indicate in particular whether these remarks are binding and can therefore be used as a basis for legal claims.

4. Article 6, paragraph 2. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the ICRP in order to optimize the protection of workers against ionizing radiations. The Committee understands from the above that the Government is obliged to review the maximum permissible dose limits established in the light of the current knowledge in order to comply with the dose limits adopted by the ICRP in 1990. In this respect, it notes again the Government’s indication that a draft law is being prepared following the new dose limits adopted by the ICRP in 1990. The Committee hopes that the draft law will be adopted in the near future reflecting the current dose limits recommended by the ICRP concerning exposure to ionizing radiations.

5. Article 7, paragraph 1(a). Pursuant to article 55(a) of resolution No. 488/90, the dose limits for workers aged over 18 and who are directly engaged in radiation work is 50 mSv per year. The Committee recalls that the annual dose limit established by the ICRP for this category of workers is 20 mSv. The Committee accordingly hopes that the new draft law will be adopted in the near future and comply with the dose limit established by the ICRP which also served as a basis for the International Safety Standards of 1994.

6. Part V of the report form. The Committee notes the extracts of inspection reports which have been supplied with the Government’s report, as well as the analysis of the results received by measurements carried out with dosemeters in order to supervise exposure to ionizing radiations of personnel employed at the "Centro de Imágenes Golden Center". The Committee invites the Government to continue to provide information on the practical application of the Convention in the country.

The Committee expresses its deep concern on the serious situation shown in its previous comments, as well as the absence of new information. The Committee urges the Government to make every effort to take the necessary action in the very near future.

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

The Committee notes the information provided in the Government’s report. It would draw the Government’s attention to the following points.

1. The Committee notes that the Minister of Public Health and Social Welfare has issued various resolutions concerning workers’ exposure to ionizing radiations, in particular in the health sector. It further notes the Government’s indication that resolution No. 678 of 16 July 1979 establishing standards concerning the risks related to the use of X-rays and radiotherapy in medical applications, has been repealed. The maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body are now fixed by resolution No. 488/90, issued by the Minister of Public Health and Social Welfare, approving technical standards and a manual on radiological protection and nuclear safety in the health sector. The Committee, noting that only the health sector is covered by resolution No. 488/90, requests the Government to indicate the activities, other than those in the health sector, which involve exposure to ionizing radiation and to provide information on the measures taken or contemplated to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiations in the course of their work, in accordance with Article 2 of the Convention.

2. Article 3, paragraph 1, Article 6, paragraph 1, and Article 4. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the International Commission on Radiological Protection (ICRP) in 1990 to ensure effective protection of workers, which also served as a basis for the International Safety Standards of 1994. Pursuant to article 55(a) of resolution No. 488/90, the annual dose limit of exposure to ionizing radiation for workers directly engaged in radiation work is 50 mSv. The ICRP however adopted in 1990 a value of 20 mSv as the annual dose limit, averaged over five years (100 mSv), with the further provision that the effective dose should not exceed 50 mSv in any single year. With regard to the dose limits for pregnant women once the pregnancy is declared, article 58 in conjunction with article 66 of the above resolution provides for a dose limit which is three-tenths of the dose limits established for radiation workers, thus 15 mSv per year. The Committee would therefore draw the Government’s attention to the explanations given in paragraph 13 of its 1992 general observation under the Convention where it referred to the Recommendations of the ICRP. In its current Recommendations, the ICRP recommends that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv. Once the pregnancy is declared, a supplementary equivalent dose limit of 2 mSv should be applied to the surface of the abdomen (lower trunk) for the remainder of the pregnancy. In this respect, the Committee notes with interest the Government’s indication that in practice the dose limits adopted by the international organs are applied. At present, the Minister of Public Health and Social Welfare has submitted a draft law, which reflects the dose limits adopted by the ICRP in 1990. The Committee therefore requests the Government to indicate the present status of the above draft law within the legislative process. It further would ask the Government to supply a copy of the above draft law as soon as it has been adopted.

3. Article 5. The Committee notes that pursuant to article 54 of resolution No. 488/90, the objectives of effective radiation protection are determined by the application of the terms "justification", "optimization" and "limitation of individual doses", in conformity with the requirements set forth by the ICRP. It further notes that the above terms are defined in the introductory remarks to article 54 of resolution No. 488/90. However, this resolution as well as the other legislative texts adopted, neither do they really require that every effort has to be made to restrict the exposure of workers to the lowest practicable level, nor do they provide that any unnecessary exposure must be avoided by all parties concerned. The Committee therefore requests the Government to indicate the measures taken or contemplated to restrict workers’ exposure to the lowest practicable level, and to ensure that any unnecessary exposure to ionizing radiations is avoided. In addition, the Committee asks the Government to explain the legal nature of the introductory remarks to each chapter of resolution No. 488/90, and to indicate in particular whether these remarks are binding and can therefore be used as a basis for legal claims.

4. Article 6, paragraph 2. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the ICRP in order to optimize the protection of workers against ionizing radiations. The Committee understands from the above that the Government is obliged to review the maximum permissible dose limits established in the light of the current knowledge in order to comply with the dose limits adopted by the ICRP in 1990. In this respect, it notes again the Government’s indication that a draft law is being prepared following the new dose limits adopted by the ICRP in 1990. The Committee hopes that the draft law will be adopted in the near future reflecting the current dose limits recommended by the ICRP concerning exposure to ionizing radiations.

5. Article 7, paragraph 1(a). Pursuant to article 55(a) of resolution No. 488/90, the dose limits for workers aged over 18 and who are directly engaged in radiation work is 50 mSv per year. The Committee recalls that the annual dose limit established by the ICRP for this category of workers is 20 mSv. The Committee accordingly hopes that the new draft law will be adopted in the near future and comply with the dose limit established by the ICRP which also served as a basis for the International Safety Standards of 1994.

6. Part V of the report form. The Committee notes the extracts of inspection reports which have been supplied with the Government’s report, as well as the analysis of the results received by measurements carried out with dosemeters in order to supervise exposure to ionizing radiations of personnel employed at the "Centro de Imágenes Golden Center". The Committee invites the Government to continue to provide information on the practical application of the Convention in the country.

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

In its previous comments the Committee took note of resolution No.678 of 16 July 1979 which establishes standards concerning the risks related to the use of X-rays and radiotherapy in medical applications. The Committee asked the Government to indicate which activities, other than those covered by resolution No. 678, involve exposure to ionizing radiation and to provide detailed information on the measures taken or envisaged to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiation and that the maximum permissible doses are respected.

The Committee notes the information supplied by the Government in its last report to the effect that resolution No. 678 of 1979 has not been revised, the maximum permissible doses have not been reviewed, appropriate measures to ensure effective protection of workers against ionizing radiations have not been adopted either for health and safety or for exceptional situations or serious incidents, and that practical application is virtually impossible owing to insufficient human, technical and material resources. The Committee notes the Government's statement that an inspection of radiological protection standards in medical establishments revealed no irregularities.

With particular reference to Articles 2, 3, paragraph 1, and 6, paragraph 2, of the Convention the Committee again expresses the hope that the Government will soon be able to report the adoption of appropriate measures which ensure effective protection of workers exposed to ionizing radiation particularly with respect to the specific points raised in the conclusions of the general observation of 1992 (paragraph 35) and which comply with the maximum dose limits referred to therein, in the light of current knowledge as set out in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and in the 1994 International Basic Safety Standards for protection against ionizing radiation.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided in the Government's report and has taken note of resolution No. 678 of 16 July 1979 which establishes standards concerning the risks related to the use of x-rays and radiotherapy. It notes that, by virtue of section 1, this resolution is applicable to work in hospitals, sanatoriums, clinics, dispensaries, dentist and doctor offices, and radiological and anti-cancer centres in which the staff are regularly exposed to x-rays corresponding to an energy level of 1,000,000 electrovolts or less and to radiation from radiotherapy. The Committee would recall, however, that by virtue of Article 2 of the Convention, the provisions of the Convention are to apply to all activities involving exposure of workers to ionizing radiations in the course of work.

The Committee notes the indication in the Government's report that, due to insufficient human, technical and material resources, no measures have been taken to revise dose limits nor to ensure effective protection of workers against the hazards due to ionizing radiations other than the protection afforded by resolution No. 678. The Committee requests the Government to indicate the activities occurring in the country, other than those covered by resolution No. 678, which involve exposure to ionizing radiations and urges the Government to take all necessary measures in the near future to ensure that the provisions of this Convention are applied to all activities involving such exposure. In this regard, the Committee would refer the Government to its general observation of 1992 under this Convention which sets forth, inter alia, the revised maximum dose limits recommended by the International Commission on Radiological Protection in 1990. The Government is requested to supply detailed information on the steps taken or envisaged to ensure the protection of all workers who might be exposed to ionizing radiations, with particular respect to the specific points raised in the Conclusions of the general observation of 1992 (paragraph 35).

[The Government is asked to supply a detailed report for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes that for many years a detailed report on the application of the Convention has not been received. It therefore hopes that the Government's next report will contain the information requested in the report form on the application of the Convention, and in particular on paragraph 1 of Article 3 and paragraph 2 of Article 6, which require the measures of protection and the maximum dose limits to be reviewed in the light of current knowledge. The Committee further requests the Government to attach a copy of Resolution No. 678 of 16 July 1979 to its next report.