Radiation Protection Convention, 1960 (No. 115) - Azerbaijan (Ratification: 1992)

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

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.

The Committee notes the information provided by the Government in its report regarding the period during which records of measurements of individual exposure to radiation are kept (Article 11 of the Convention) and the type and frequency of medical examinations of workers directly engaged in radiation work (Article 12).

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency workers. With reference to its previous comments, the Committee notes the Government’s indication that organizations using ionizing radiations are required, in coordination with the regulatory agency, to prepare a plan for the prevention of radiation accidents and pursuant to which they must carry out activities to prevent radiation accidents and minimize the exposure level of workers, namely through the provision of means of protection for persons who may be subject to the consequences of a radiation accident. It also notes that pursuant to section 21 of the Radiation Protection Act of 1997, workers involved in the liquidation of the consequences of a radiation accident cannot receive a dose exceeding ten times the average annual dose of 20 mSv. In this regard, the Committee would like to draw the Government’s attention to paragraph 37 of the 2015 general observation, which provides that reference levels in emergency situations should be selected to be within, or if possible below, the 20–100 mSv band and that measures are to be taken to ensure that no emergency worker is subject to an exposure in excess of 50 mSv, except in exceptional circumstances which are described. The Committee requests the Government to provide further information on the measures taken to ensure that workers in emergency situations are exposed to the lowest possible level of ionizing radiations in light of the indications contained in paragraph 37 of the 2015 general observation.

Articles 3, 5 and 6(2). Effective protection of workers against ionizing radiations. Review of maximum permissible doses in the light of current knowledge. With reference to its previous comments where it noted that section 9 of the Radiation Safety Act establishes the permissible average annual dose for workers directly engaged in radiation work, the Committee notes that the Government refers to the Occupational Radiation Protection Safety Guide No. RS-G-1.1 (1999) of the IAEA, which establishes that the occupational exposure of workers shall not exceed an equivalent dose to the lens of the eye of 150 mSv in a year, and indicates that the maximum permissible amount of exposure for workers working directly with sources of category-A ionizing radiation is considered to be 50 mSv in the course of one year when the average annual radiation dose of 20 mSv in a five-year period is not exceeded. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in light of current knowledge and referring to paragraphs 11 and 32 of its 2015 general observation, the Committee draws the Government’s attention to the most recent standards in this respect, which provide that the dose limit for the lens of the eye is an equivalent dose of 20 mSv per year, with no single year exceeding 50 mSv. The Committee requests the Government to provide information on the measures taken to review the permissible doses established with respect to the lens of the eye, in light of current knowledge in light of the abovementioned paragraphs of the general observation.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments, the Committee notes that the Government once again refers to section 3.15 of the Basic Sanitary Rules OSP-72/87 on the temporary or permanent transfer of workers who cannot continue work with ionizing radiation due to the detection of abnormalities in their state of health, the implementation of which is supervised by the State Agency for Regulation of Nuclear and Radiological. The Committee reiterates its request to the Government to provide further detailed information on measures taken 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 ionising radiations contrary to qualified medical advice, including situations before any abnormalities or diseases have been detected. It also invites the Government to provide information on the measures taken or envisaged with regard to the offer of alternative employment in such situations.

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

Legislation. The Committee notes the legislation appended to the report including the 1992 Sanitary and Epidemiological Wellbeing Act, the 1997 Radiation Safety Act, the 2002 Technical Safety Act, and the 2004 Expert Control Act which set out the legal base of safety of operations with sources of ionizing radiation and which are aimed at protecting workers from unnecessary exposure to radiation. The Committee also notes that, since 2001, Azerbaijan has become a full member of the IAEA and have accepted its requirements of the Basic Safety Standards. The Committee also notes the references made to guidance provided in the Radiation Safety Standards NRB 76/87 and the Basic Sanitary Rules of Working with Radioactive Substances and Other Sources of Ionizing Radiation OSP-72/87. The Committee notes that the information provided indicate that that effect is given to Articles 4, 7, 8 and 9 of the Convention.

Article 3 together with Articles 5 and 6 of the Convention. Effective protection of workers against ionising radiations; exposure of workers to the lowest practicable level of ionising radiation. The Committee notes that, according to information provided by the Government, section 9 of the Radiation Safety Act establishes that the permissible average annual dose for workers directly engaged in radiation work is 20 mSv or 1 Sv for a life period of 50 years. It also provides that if during five consecutive years the actual average annual dose does not exceed 20 mSv, the permissible average annual dose may reach 50 mSv in any single year. In this respect, the Committee requests the Government to clarify in which situations workers directly engaged in radiation work are allowed to be exposed to an average annual dose of ionising radiation of up to 50 mSv and how the requirement that over five consecutive years the average annual exposure dose should not exceed 20 mSv is maintained.

Article 11. Measurement of the level of the exposure of workers to ionising radiation and radioactive substances. The Committee notes that section 11 of the 1997 Radiation Safety Act provides that enterprises and organizations using sources of ionizing radiation shall carry out regular control in order to ensure safety in their use of radiation. According to section 14 of the Radiation Safety Act such enterprises and organizations must: plan for and implement safety measures including systematic monitoring of radiation levels in the premises of the enterprise and organization, at workplaces as well as of any radioactive waste; control of the doses of individual radiation exposures of workers and keep records thereof. The Committee also notes that the monitoring of the implementation of these safety measures is carried out by the State Agency for regulating the nuclear and radiological activity of the Ministry of emergency situations of Azerbaijan which was created with the President’s Decree No. 746 of 24 April 2008. The Committee requests the Government to indicate for how long records of measurements of individual exposures to radiation are kept since they permit to take into account the cumulative dose of radiation for employment purposes.

Article 12. Medical examinations of workers directly engaged in radiation work. The Committee notes the information that according to section 14 of the Radiation Safety Act employers of workers directly engaged in radiation work must carry out medical examinations of their workers before employment and at periodic intervals thereafter. Workers are entitled to be informed of the level of ionising radiation to which they are exposed at workplaces, and of the doses of individual exposure they have received. These obligations are also further detailed in section 3.14 of Basic Sanitary Rules OSP-72/87. The Committee requests the Government to provide further detailed information on what type of medical examinations of workers directly engaged in radiation work are carried out and how frequently such examinations are carried out.

Article 13. Emergency situations. The Committee notes the information provided regarding emergency situations including references to the Acts referenced above and sections 14, 20 and 21 of the Radiation Safety Act. The Committee notes that the protective measures required and the dose limits tolerated in emergency situations follow international recommendations as referred to paragraphs 21 and 23 of the Committee’s 1992 General Observation on the application of the Convention. However, the Committee also notes the absence of any information on the effect given to the recommendation that during accidents and emergency work exceptional exposure of workers is neither justified for the purpose of rescuing “items of high material value”, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, “would involve an excessive expense”. Against this background and the recommendation in paragraphs 22–23 of its 1992 General Observation, the Committee requests the Government to provide further details on measures provided for in situations of emergency.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that according to section 3.15 of Basic Sanitary Rules OSP-72/87 if abnormalities are detected in workers’ state of health, which do not allow their continuation of work with sources of ionising radiations, the question of temporary or permanent transfer of these individuals into work not in contact with ionising radiations is individually decided in every case. Against this background the Committee would like to recall that this provision of the Convention also refers to situations before any illness or abnormalities may have been detected, such as when past exposure renders it medically inadvisable to expose workers to further radiation in course of their work. The Committee reiterates its request to the Government to provide further detailed information on measures taken 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 ionising radiations contrary to qualified 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.

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

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

2. Article 3, together with Articles 5 and 6, of the Convention. Effective protection of workers against ionizing radiations; exposure of workers to the lowest practicable level of ionizing radiation. The Committee notes that, according to the information provided by the Government, the dose limit for exposure to ionizing radiation is 5 rem/year (50 mSv/year) for workers directly engaged in radiation work. In this respect, the Committee draws the Government’s attention to its 1992 general observation under the Convention setting forth, inter alia, the revised exposure limits recommended by the International Commission on Radiological Protection (ICRP), No. 60 (1990). In these recommendations, the ICRP fixed the permissible level of exposure to ionizing radiation for workers engaged in radiation work at 20 mSv per year, averaged over five years, but not exceeding 50 mSv in any single year. The Committee accordingly requests the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with these recommendations to ensure that these levels are not exceeded.

3. Article 4. Efforts to arrange for workers’ protection. The Committee notes the Government’s indication that this Article of the Convention is applied by regulations on radiation safety standards issued by the Ministry of Health of the former USSR. The Committee therefore asks the Government to specify the regulations which are still in force and to supply copies of these regulations in order to enable the Committee to determine the extent to which this Article is applied.

4. Article 7. Levels of ionizing radiation to be fixed for workers under the age of 18 years. The Committee requests the Government to provide information on the legislation fixing levels of ionizing radiation for workers under the age of 18 years engaged in radiation work, in order to give them appropriate protection.

5. Article 8. Appropriate levels for workers who are not directly engaged in radiation work. The Committee notes the Government’s indication that the maximum permissible level of exposure of workers who are not directly engaged in radiation work is 0.5 rem/year (5mSv). The Committee again draws the Government’s attention to its 1992 general observation under the Convention as well as to section 5.4.5 of the ILO code of practice, 1986, requiring that the dose limits for non-radiation workers should be those applied to the general public. For the general public the permissible dose limit is fixed at 1 mSv/year, averaged over five consecutive years. The Committee accordingly requests the Government to indicate the measures taken or envisaged in order to assure that these dose limits are incorporated into national legislation at national level, in conformity with the dose limits recommended by the ICRP.

6. Article 9, paragraph 1. Appropriate indication of the presence of hazards from ionizing radiations. The Committee requests the Government to indicate the legal basis providing for the establishment of signs and means of information at workplaces where the workers are exposed or likely to be exposed to ionizing radiation.

7. Article 11. Measurement of the level of the exposure of workers to ionizing radiations and radioactive substances. The Committee notes the Government’s indication that the respect for maximum permissible doses is ensured by “active monitoring”. The Government is asked to explain in detail the organization and frequency of this active monitoring as well as to indicate which unit is responsible for the carrying out of such monitoring.

8. Article 12. Medical examinations of workers directly engaged in radiation work prior to such work and subsequently at appropriate intervals. The Committee requests the Government to provide detailed information on the nature and frequency of medical examinations of workers directly engaged in radiation work.

9. Article 13. Emergency situations. The Committee notes the Government’s indication concerning emergency situations. Referring to its explanations given in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs V.27 and V.30 of the 1994 International Safety Standards, the Committee requests the Government to provide detailed information on the circumstances in which the exceptional exposure of workers may be authorized and on the measures designed to optimize protection against accidents and during emergency operations, in particular with regard to the design and protective features of the workplace and equipment, and the development of techniques avoiding the exposure of persons to ionizing radiations during emergency interventions.

10. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s general statement that alternative employment opportunities for workers whose continued exposure to ionizing radiations is medically inadvisable is ensured by laws and regulations. In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. The Committee requests the Government to provide more detailed information on measures taken to ensure the application of Article 14 of the Convention, taking into account the general observation of 1992 under this Convention.