Radiation Protection Convention, 1960 (No. 115) - French Polynesia

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

Previous comments

Articles 1, 6 and 8 of the Convention. Legislation. Maximum permissible doses. The Committee notes the Government’s indication, in its report, that the two Bills, one relating to health and the other to labour, have been finalized and should be adopted before the end of 2022. The Government also indicates that the maximum permissible doses specified in the Bills will be identical to those stipulated in the legislation applicable in metropolitan France (the Labour Code). The Committee observes that these provisions are in accordance with the indications contained in paragraphs 32 to 35 of its general observation of 2015. The Committee further notes the Government’s indication that the country must develop a robust and adequate regulatory framework governing radiation protection in the workplace before being able to introduce new techniques. In this regard, the Committee notes that the medical inspector of the Health and Welfare Regulatory Agency (ARASS) and the legal team of the Labour Directorate collaborated to develop the regulations applicable to the workers concerned. The Committee requests the Government to pursue its efforts to give full effect to Articles 6 and 8 of the Convention through the adoption of the abovementioned Bills in the near future, and to provide a copy of any relevant legislation in this regard once it has been adopted.

Article 7. Exposure limits for young workers. Referring to its previous comments regarding the employment of persons under the age of 18, the Committee notes with interest that, under section A.4152-22 of the Labour Code (as amended in 2011), the employment of workers under the age of 18 in work involving exposure to ionizing radiations is prohibited. The Committee notes this information which responds to its previous request.

Article 11. Appropriate monitoring of workers and workplaces. The Committee notes the Government’s reply to its previous comments, in which the Government indicates that in order to monitor ionising radiations, it has been cooperating with the Nuclear Safety Authority (ASN) under an agreement since 2009. Cooperation agreements allow for inspections to be carried out with the systematic involvement of an ARASS inspector. Because the ASN does not have competence in French Polynesia, the conclusions of the ASN radiation protection inspectors (addressed to the Prime Minister) are taken up by the ARASS in matters relating to the protection of people and the environment from radiation, and by the labour inspectorate in matters relating to radiation protection in the world of work. The latter two bodies are then tasked with requesting the necessary and appropriate corrective action. The Committee also notes the Government’s initiative to include a labour inspector in the monitoring missions of ASN and ARASS inspectors, with a view to better understanding the requests for corrective action in relation to radiation protection. The Committee requests the Government to continue providing information on the measures taken to ensure the monitoring of workplaces and the safety of workers, including the cooperation efforts in this regard between the Nuclear Safety Authority, the Health and Welfare Regulatory Agency and the labour inspectorate.

Observation (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 Convention, and particularly the request for information contained in paragraph 30.

Article 1 of the Convention. Legislation. Articles 6, 7 and 8. Maximum permissible doses. With reference to its previous comment, in which it noted two Bills, one relating to health and the other to labour, intended to give effect to Articles 6, 7 and 8 of the Convention, which were due to be adopted before the end of 2013, the Committee notes the Government’s indication in its report that the Bills have not been adopted due to the absence of the medical health inspector who was responsible for their coordination. However, the Government recognizes the need to bring the applicable legislation in French Polynesia into conformity with the terms of the Convention and indicates that draft legislation is still under preparation. In this regard, the Committee wishes to draw the Government’s attention to paragraphs 32–35 of its general observation of 2015 relating to current recommendations for maximum permissible dose limits. The Committee urges the Government to take the necessary measures to give effect in law and practice to Articles 6, 7 and 8 of the Convention, in light of the above paragraphs of the general observation of 2015, and to provide copies of any relevant legislation when it has been adopted.

Article 11. Appropriate monitoring of workers and places of work. In its previous comment, the Committee noted the provisions envisaged in the Bill respecting the monitoring of workers and places of work, and the recruitment of a medical inspector. It notes from the present report that the medical inspector is no longer in function, and that the Bureau Véritas, which has been approved to perform the controls required in this respect by sections Lp. 4432-1 and A. 4432-7 of the Labour Code, does not submit a report to the Labour Directorate, but only a list of the enterprises monitored. The Committee requests the Government to provide detailed information on the measures adopted, while awaiting the adoption of the Bill, to ensure appropriate monitoring of workers and places of work and to recruit a new medical inspector.

Articles 12 and 13. Medical examinations. The Committee notes the information provided by the Government in reply to its previous comment on the situations defined in the provisions of the Bill in which an occupational physician is required to establish a dosimetric assessment and an assessment of the effects of exposure. In this regard, the Committee draws the Government’s attention to the new dose limits set for the lens of the eye, as indicated in paragraph 32 of its general observation of 2015, namely a dose equivalent to 20 mSv per year, averaged over a defined period of five years, with no single year exceeding 50 mSv per year. The Committee requests the Government to take into account in the final wording of the provisions concerned the recommendations contained in the general observation of 2015.

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

Article 1 of the Convention. Legislation. Articles 6, 7 and 8. Maximum permissible doses of exposure to radiation. The Committee notes that, according to the Government’s report, two territorial Acts called lois du pays (legislation of French Polynesia, distinct from French legislation) are being drafted, one in the area of health and the other in the area of labour, and that these are being assessed by the French Nuclear Safety Authority (ASN). The Government, stressing the need to upgrade the applicable laws and regulations in French Polynesia, states that these two bills are due to be adopted before the end of 2013. The Committee notes that the bill concerning the Department of Labour will replace the existing provisions of the Labour Code. It notes with interest that, according to information contained in the Government’s report, the new legislation will pave the way for the application of a number of provisions of the Convention, especially with respect to Articles 6, 7 and 8 on the maximum exposure of various categories of persons to radiations, which have been revised in line with the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). The Committee requests the Government to indicate in its next report the progress made in this respect and to send a copy of the legislation once it has been adopted. It would also be grateful if the Government could specify the bill or law to which it is referring in relation to the application of the provisions of the Convention.

Article 11. Appropriate monitoring of workers and places of work. The Committee notes the Government’s indication that a medical inspector has been recruited and was due to take up duties in July 2013. The Committee notes that, according to the Government’s report, the bill provides for monitoring of the workplace through technical radiation protection monitoring and technical monitoring of the environment, as well as the surveillance of workers’ health by means of reference dosimetric monitoring, operational dosimetric monitoring and medical supervision. It notes, however, that no information has been provided by the Government on the controls prescribed under sections Lp.4431-1 and A.4432-7 of the Labour Code, which have been entrusted to the “Bureau Veritas” pursuant to Decree No. 19 PR of 9 January 2012. The Committee welcomes the recruitment of a medical inspector and the measures taken to ensure the monitoring of workers and places of work. However, it asks the Government once again to provide copies of any relevant reports produced by the “Bureau Veritas” as well as to provide information on measures it has taken to follow up on any recommendations made, violations identified and the action taken in relation to such violations.

Articles 12 and 13. Medical examinations. The Committee notes the information provided by the Government on the provisions of the territorial bill, especially with respect to the increased monitoring of workers classified in categories A and B. It also notes that, following any internal or external exposure occurring in “defined situations”, the occupational physician shall carry out a dosimetric assessment of this exposure and an assessment of its effects on each exposed worker. The Committee asks the Government to define what is meant by the categories of workers A and B mentioned above, and to provide information on the existence of any other categories and differences in treatment between them, especially with respect to “appropriate medical examinations” prior to or shortly after being exposed and subsequently “at appropriate intervals”, as required by Article 12 of the Convention. It also asks the Government to provide further details on the “defined situations” in which an occupational physician shall carry out a dosimetric assessment and assessment of the effects of the exposure.

Article 13. Emergency situations. The Committee notes the provisions contained in the new bill concerning emergency situations. It recalls that the Government shall take, in accordance with Article 13(d) of the Convention, any necessary remedial action on the basis of the technical findings and the medical advice. The Committee also notes that the report is silent on workers’ exposure limits during an emergency operation. It recalls that, irrespective of the exposure resulting directly from an accident, the rescue teams may be exposed to radiation when intervening in a critical situation. The Committee asks the Government to refer in this respect to paragraph 20 of its general observation of 1992 and the 1990 Recommendations of the ICRP which provide: that the limit of occupational exposure in critical situations is established at 0.5 Sv, except for life-saving actions; that the strict definition of the circumstances in which workers may exceptionally be exposed to limits in excess of normally authorized doses correspond to circumstances in which there is a need for “immediate and urgent remedial work”; that 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 “would involve an excessive expense”. The Committee invites the Government to take the necessary steps to ensure that the exposure limits defined by the ICRP for workers in critical situations are not exceeded. Finally, it requests the Government to provide information on the measures taken or envisaged concerning necessary remedial action with a view to giving effect to Article 13 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general assessment of the manner in which the Convention is applied in practice, in French Polynesia, including any difficulties, as the case may be, and to provide any document useful on this subject, such as extracts from official reports.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the information that a new Labour Code for French Polynesia was adopted on 4 May 2011 (Act No. 2011-15) and that it includes provisions regulating the prevention of risks related to the exposure to ionizing radiation (sections Lp.4431-1 to Lp.4433-2 and A.4431-1 to A.4434-3) which, in terms of substance, reproduces virtually verbatim the provisions in Deliberation No. 91-019 AT of 17 January 1991. The Committee notes with regret that contrary to Articles 3(1) and 6(1) of the Convention and in spite of statements made in previous reports, due account does not seem to have been taken in the preparation of the Labour Code of the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) referred to in the General Observation of 1992 under this Convention. The Committee also notes the information that a guide, developed by the French nuclear safety authority on the main provisions relevant for protection against ionizing radiation in the medical and dental profession, has been edited and adapted for French Polynesia, and that the framework agreement for cooperation between the competent authorities and the nuclear safety authority, which expired 31 December 2011, is in the process of being renewed. With reference to the comments the Committee has been making since 1993, the Committee urges the Government to pursue its efforts to institute relevant legislative changes to comply with the Convention in the light of current knowledge, to continue its efforts to ensure the application of the Convention in practice, and to inform the Committee of any progress made in these regards.

Against this background the Committee wishes, in particular, to stress the following main substantive issues.

Article 6. Dose limits for internal exposure to radiation. The Committee notes that pursuant to Section A.4431-1 the relevant provisions concerning prevention against risks for exposure to ionizing radiation do not cover internal exposure to radiation. The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6.

Article 7. Dose limits fixed for workers directly engaged in radiation work and for pregnant women. The Committee notes that pursuant to sections Lp.4431-2 and A.4431-2 of the Labour Code, the maximum dose limit for external exposure of workers to ionizing radiation under normal working conditions over a period of 12 months is fixed at 0.05 Sv (or 50 mSv) but that, according to the 1990 Recommendations of the ICRP, the corresponding limit is fixed at an effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), with the further provision that the effective dose should not exceed 50 mSv in any single year. The Committee also notes that as regards pregnant women, section A.4151-7 of the Labour Code provides that, from the time a pregnancy has been declared until the delivery, measures should be taken to ensure that the exposure to ionizing radiation of the lower trunk of pregnant women be reduced as much as is reasonably possible and that the accumulated exposure in any event should not exceed 10 mSv which is five times higher than the ICRP recommendation of 2 mSv. The Committee requests the Government to indicate the steps taken or envisaged to ensure that the maximum permissible doses of exposure for workers directly engaged in radiation work and for pregnant women are set in the light of current knowledge.

Article 8. Maximum permissible doses of exposure for workers not directly engaged in radiation work. The Committee notes that paragraph 9 of section A.4431-1 of the Labour Code defines the category of exposed workers as persons who, because of their work, may be exposed to annual doses of ionizing radiation greater than one tenth of the annual limit set for workers which, pursuant to paragraph 1 of section A.4431-2, is set at 0.05 Sv. (or 50 mSv) per year. It follows that the maximum permissible dose of exposure for workers not directly engaged in radiation work is set at 5 mSv per year which is five times higher than the values recommended by the ICRP. The Committee requests the Government to indicate the steps taken or envisaged to ensure that the maximum permissible doses of exposure for workers not directly engaged in radiation work are set in the light of current knowledge.

Article 11. Appropriate monitoring of workers and places of work. The Committee notes the information that pursuant to Decree No. 19 PR of 9 January 2012, the “Bureau Veritas” has been charged to ensure the controls prescribed in Lp.4431-1 and A.4432-7 of the Labour Code for a period of three years. It also notes that a medical inspector has not yet been appointed, that a post for such a medical inspector is foreseen in the budget of 2012 and that the recruitment process for the nomination of such an inspector is under way. The Committee urges the Government to ensure that a medical inspector is appointed in the very near future. The Committee requests the Government to provide copies of any relevant reports produced by Bureau Veritas as well as to provide information on measures it has taken to follow up on any recommendations made, violations identified and action taken in this regard.

Articles 12 and 13. Medical examinations. The Committee notes the provisions in the Labour Code concerning medical surveillance of workers. With reference to the terms of the Convention, the Committee notes that the relevant legislation provides for the conduct of medical examinations prior to taking up employment involving exposure to ionizing radiation. These provisions do not, however, entitle workers to receive “appropriate medical examinations” during their employment “at appropriate intervals” as provided in Article 12. Furthermore, the relevant provisions in the Labour Code do not specify the circumstances in which, because of the nature or the degree of the exposure, workers shall promptly undergo appropriate medical examinations pursuant to Article 13(a). The Committee requests the Government to indicate the measures taken or envisaged to ensure the provision of appropriate medical examinations of exposed workers in full conformity with Articles 12 and 13.

Article 13. Emergency situations. With reference to its previous comments and its General Observations of 1987 and 1992 on this Convention including accounts made of the recommendations of the ICRP, the Committee notes that Article 13 provides that in circumstances to be specified, because of the nature or degree of the exposure, the employer should promptly take certain action; in particular, the employer should take any necessary remedial action on the basis of technical findings and medical advice. The recommendations of the ICRP as well as those of the ILO place an emphasis on the necessity of planning in advance the measures to be taken in abnormal situations. The Committee notes that the measures to be taken in abnormal or emergency situations are not regulated in the new Labour Code. The Committee invites the Government to provide information on the measures taken or contemplated in relation to emergency situations involving possible exposure to ionizing radiation.

Article 14. Continued employment of exposed workers and the provision of alternative employment. The Committee notes that the relevant provisions in the Labour Code do not seem to give effect to the provisions of this Article. In this context the Committee also invites the Government to take into account the terms of paragraphs 28–34 and 35(d) of its 1992 General Observation on the Convention which, inter alia, refer to the need to find alternative employment for workers whose continued employment in a particular job is contra-indicated for health reasons and the efforts required to provide such workers with suitable alternative employment, or to maintain their income through social security measures or otherwise. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention and to provide information on the account taken of the needs of workers whose continued employment in a particular job is contra-indicated for health reasons.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in French Polynesia, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

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

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

Repetition

The Committee notes the information regarding the updating of the list of work that requires an increased medical surveillance by the adoption of Decree No. 126 CM of 8 February 2010 which abrogates and replaces Decree No. 1756 CM of 20 December 2002. The Committee also notes that the discussions undertaken in the technical committee with competence for the prevention of occupational risks concerning the improvements to be made to the regulations on exposure to ionizing radiations, which were pursued in 2009 together with Nuclear Safety Authority health officials. The Committee notes the stated purpose of these discussions is to improve the situation with respect to the declaration of ionizing sources, the effectiveness of dosimetric monitoring, to develop complementary regulations adapted to the conditions in French Polynesia and to harmonize law and practice in the work and health sectors and that the further objective is to prepare a draft for 2010 for submission to the Parliament of French Polynesia in 2011. With reference to the comments the Committee has been making since 1993, the Committee once again urges the Government to pursue its efforts to institute legislative changes to comply with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made. The Committee also feels bound to reiterate its previous comments, which read as follows:

In its previous comments, the Committee noted Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, establishing specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiations.

The Committee noted that the dose limits set forth in section 5 of the Deliberation do not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Articles 3(1) and 6(2) of the Convention, the Committee requested the Government to report on the steps taken or envisaged in the light of current knowledge to amend the dose limits for occupational exposure to ionizing radiations and to ensure effective protection of pregnant women.

The Committee also noted that, under section 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiations greater than one tenth of the annual limit set for workers. With reference to Article 8 of the Convention, which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances, the Committee requested the Government to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6, which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a progressive revision of the labour legislation, including the provisions on protection against ionizing radiations, and that this process is expected to be finalized by the end of the first quarter of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) in relation to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose limits of ionizing radiations from sources external to the body for all workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances (Article 8), as well as the maximum permissible doses which may be taken into the body (Article 6) for workers directly engaged in radiation work. Also with reference to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted to give full effect to the Convention and which are in conformity with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. The Committee refers to the explanations provided in paragraphs 16–27 and 35(c) of its 1992 general observation on the Convention and to paragraphs 233 and 236 of the 1994 International Basic Safety Standards. The Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

Provision of alternative employment. With reference to paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention and the principles set out in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated to ensure effective protection of workers who have received accumulated exposure beyond which they would run an unacceptable risk and who may thus be faced with the dilemma of having to choose between protecting their health or losing their job.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the information regarding the updating of the list of work that requires an increased medical surveillance by the adoption of Decree No. 126 CM of 8 February 2010 which abrogates and replaces Decree No. 1756 CM of 20 December 2002. The Committee also notes that the discussions undertaken in the technical committee with competence for the prevention of occupational risks concerning the improvements to be made to the regulations on exposure to ionizing radiations, which were pursued in 2009 together with Nuclear Safety Authority health officials. The Committee notes the stated purpose of these discussions is to improve the situation with respect to the declaration of ionizing sources, the effectiveness of dosimetric monitoring, to develop complementary regulations adapted to the conditions in French Polynesia and to harmonize law and practice in the work and health sectors and that the further objective is to prepare a draft for 2010 for submission to the Parliament of French Polynesia in 2011. With reference to the comments the Committee has been making since 1993, the Committee once again urges the Government to pursue its efforts to institute legislative changes to comply with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made. The Committee also feels bound to reiterate its previous comments, which read as follows:

In its previous comments, the Committee noted Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, establishing specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiations.

The Committee noted that the dose limits set forth in section 5 of the Deliberation do not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Articles 3(1) and 6(2) of the Convention, the Committee requested the Government to report on the steps taken or envisaged in the light of current knowledge to amend the dose limits for occupational exposure to ionizing radiations and to ensure effective protection of pregnant women.

The Committee also noted that, under section 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiations greater than one tenth of the annual limit set for workers. With reference to Article 8 of the Convention, which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances, the Committee requested the Government to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6, which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a progressive revision of the labour legislation, including the provisions on protection against ionizing radiations, and that this process is expected to be finalized by the end of the first quarter of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) in relation to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose limits of ionizing radiations from sources external to the body for all workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances (Article 8), as well as the maximum permissible doses which may be taken into the body (Article 6) for workers directly engaged in radiation work. Also with reference to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted to give full effect to the Convention and which are in conformity with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. The Committee refers to the explanations provided in paragraphs 16–27 and 35(c) of its 1992 general observation on the Convention and to paragraphs 233 and 236 of the 1994 International Basic Safety Standards. The Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

Provision of alternative employment. With reference to paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention and the principles set out in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated to ensure effective protection of workers who have received accumulated exposure beyond which they would run an unacceptable risk and who may thus be faced with the dilemma of having to choose between protecting their health or losing their job.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s report including the brief reply to its comments to the effect that the Interministerial Committee on Radiations has not yet been set up, nor has a medical inspector been appointed. The Government indicates, however, that the appointment should take place by the end of 2007. The Committee accordingly urges the Government once again to pursue its efforts, in the context of interministerial committees, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made.

2. With reference to its comments of last year on better protection against ionizing radiations and particularly the medical follow-up of workers throughout their career and beyond, which were matters raised by the social partners, the Committee notes with regret that there has been no significant progress on these issues. It accordingly reiterates its request to the Government to indicate the measures taken or envisaged to act on the questions raised by the social partners.

3. With reference to its previous comments, the Committee notes, again with regret, that the provisions of the Decree of 31 March 2003, which apply in metropolitan France, have not been adapted for French Polynesia and that there has been no change in the situation since its last comments. It is therefore bound to reiterate its comments, which read as follows:

1. In its previous comments, the Committee noted Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, establishing specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiations.

2. The Committee noted that the dose limits set forth in section 5 of the Deliberation do not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on the steps taken or envisaged in the light of current knowledge to amend the dose limits for occupational exposure to ionizing radiations and to ensure effective protection of pregnant women.

3. The Committee also noted that, under section 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiations greater than one-tenth of the annual limit set for workers. With reference to Article 8 of the Convention, which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances, the Committee requested the Government to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

4. The Committee further requested the Government to indicate the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6, which calls for dose limits to be set not only for external, but also for internal exposure.

5. The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a progressive revision of the labour legislation, including the provisions on protection against ionizing radiations, and that this process is expected to be finalized by the end of the first quarter of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) in relation to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose limits of ionizing radiations from sources external to the body for all workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances (Article 8), as well as the maximum permissible doses which may be taken into the body (Article 6) for workers directly engaged in radiation work. Also with reference to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted to give full effect to the Convention and which are in conformity with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

6. Emergency situations. The Committee refers to the explanations provided in paragraphs 16 to 27 and 35(c) of its 1992 general observation on the Convention and to paragraphs 233 and 236 of the 1994 International Basic Safety Standards. The Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

7. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention and the principles set out in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated to ensure effective protection of workers who have received accumulated exposure beyond which they would run an unacceptable risk and who may thus be faced with the dilemma of having to choose between protecting their health or losing their job.

[The Government is asked to reply in detail to the present comments in 2008.]

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

1. The Committee notes the information contained in the Government’s report. It notes that the reflection undertaken in the technical committee competent for the prevention of occupational risks concerning the improvements to be made to the regulations on exposure to ionizing radiations is continuing. It notes that this reflection has led to the identification of the need to coordinate the improvement of labour regulations in this respect, through the establishment of provisions, which do not currently exist in the field of public health. The Committee also notes the Government’s indication that an inter-ministerial committee is due to be established in the near future on this subject, based on the model of the committee that has been working for several months on regulations respecting asbestos. However, the Committee regrets to note that the post of medical inspector has remained vacant since 2001 considering that, as indicated by the Government, a medical inspector could contribute to rapid progress in the inter-ministerial work on this subject. The Committee urges the Government to continue its efforts in the context of inter-ministerial committees, to appoint a medical inspector and to inform the Committee of the results of these efforts and any progress achieved.

2. With reference to its observation made last year, the Committee regrets to note that the Government’s report does not contain any information in reply to its question concerning the measures adopted or envisaged to give effect to the issues raised by the social partners concerning: the need for better protection for employees against ionizing radiations, particularly with regard to medical surveillance for employees during their professional careers and thereafter; the application of the regulations to public servants working in the health sector; and the conditions governing the intervention of employees at former nuclear testing sites. The Committee once again requests the Government to indicate the measures taken or envisaged to address the issues raised by the social partners.

3. With reference to its previous comments, the Committee also notes with regret that no substantial changes appear to have occurred. It therefore repeats the points raised in its previous direct requests, which read as follows:

In its previous comments, the Committee noted Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, establishing specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiations.

The Committee noted that the dose limits set forth in section 5 of the Deliberation do not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on the steps taken or envisaged in the light of current knowledge to amend the dose limits for occupational exposure to ionizing radiations and to ensure effective protection of pregnant women.

The Committee also noted that, under section 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiations greater than one-tenth of the annual limit set for workers. With reference to Article 8 of the Convention, which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances, the Committee requested the Government to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate the measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6, which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a progressive revision of the labour legislation, including the provisions on protection against ionizing radiations, and that this process is expected to be finalized by the end of the first quarter of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) in relation to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose limits of ionizing radiations from sources external to the body for all workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances (Article 8), as well as the maximum permissible doses which may be taken into the body (Article 6) for workers directly engaged in radiation work. Also with reference to its 1992 general observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted to give full effect to the Convention and which are in conformity with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. Referring to the explanations provided in paragraphs 16 to 27 and 35(c) of its 1992 general observation on the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention and the principles set out in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated to ensure effective protection of workers who have received accumulated exposure beyond which they would run an unacceptable risk and who may thus be faced with the dilemma of having to choose between protecting their health or losing their job.

[The Government is asked to reply in detail to the present comments in 2007.]

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

1. The Committee notes the Government’s report including information concerning the adoption of Order No. 1201/CM of 23 September 2002, establishing the form of the progress report on industrial doctors and Order No. 1756/CM of 20 December 2002, relating to the list of work requiring special medical monitoring. Referring to previous observations, the Committee notes with regret that no substantial changes have been introduced. Thus, it reiterates the points raised in its previous direct request, with read as follows:

In its previous comments the Committee took note of Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, fixing the specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiation.

The Committee noted that the dose limits set forth in section 5 of the Deliberation did not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on steps taken or envisaged in the light of current knowledge to amend dose limits for occupational exposure and to ensure effective protection of pregnant women.

The Committee also noted that under section 3 of the Deliberation exposed workers were defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth of the limit set for workers. With reference to Article 8 of the Convention which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances, the Committee requested the Government to indicate steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiation in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government’s information in its report that preparations have commenced, in consultation with employers’ and workers’ representatives, for a revision of the labour legislation including on protection against ionizing radiation and that this process is expected to be finalized by the end of the first term of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the ICRP with respect to the matters raised in the Committee’s previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose of ionizing radiation received from sources external to the body for workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6), for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances (Article 8), as well as with regard to limits for internal exposure to ionizing radiation (Article 6) of workers of nuclear radiology. Referring also to its 1992 general observation on the Convention the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

2. The Committee also notes that the Government indicates in its report that, during a tripartite meeting in June 2005, the social partners expressed the wish that measures be taken regarding better protection for employees from ionizing radiations, in particular with regard to medical care for employees during their professional careers and beyond, that the regulations be applied to public servants working in the health sector as well as the conditions regulating work carried out by employees at former nuclear testing sites. The Government is requested to indicate the measures taken or envisaged to address the issues raised by the social partners.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

In its previous comments the Committee took note of Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, fixing the specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiation.

The Committee noted that the dose limits set forth in section 5 of the Deliberation did not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on steps taken or envisaged in the light of current knowledge to amend dose limits for occupational exposure and to ensure effective protection of pregnant women.

The Committee also noted that under section 3 of the Deliberation exposed workers were defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth of the limit set for workers. With reference to Article 8 of the Convention which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation on radioactive substances, the Committee requested the Government to indicate steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiation in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government's information in its report that preparations have commenced, in consultation with employers' and workers' representatives, for a revision of the labour legislation including on protection against ionizing radiation and that this process is expected to be finalized by the end of the first term of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the ICRP with respect to the matters raised in the Committee's previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose of ionizing radiation received from sources external to the body for workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6) for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances (Article 8), as well as with regard to limits for internal exposure to ionizing radiation (Article 6) of workers of nuclear radiology. Referring also to its 1992 general observation on the Convention the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

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

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:

In its previous comments the Committee took note of Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July 1986, fixing the specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiation.

The Committee noted that the dose limits set forth in section 5 of the Deliberation did not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on steps taken or envisaged in the light of current knowledge to amend dose limits for occupational exposure and to ensure effective protection of pregnant women.

The Committee also noted that under section 3 of the Deliberation exposed workers were defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth of the limit set for workers. With reference to Article 8 of the Convention which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation on radioactive substances, the Committee requested the Government to indicate steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiation in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government's information in its report that preparations have commenced, in consultation with employers' and workers' representatives, for a revision of the labour legislation including on protection against ionizing radiation and that this process is expected to be finalized by the end of the first term of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the ICRP with respect to the matters raised in the Committee's previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose of ionizing radiation received from sources external to the body for workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6) for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation or radioactive substances (Article 8), as well as with regard to limits for internal exposure to ionizing radiation (Article 6) of workers of nuclear radiology. Referring also to its 1992 general observation on the Convention the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments the Committee took note of Deliberation No. 91-019 AT of 17 January 1991 adopted pursuant to Act No. 86-845 of 17 July, fixing the specific measures for the protection of workers against the danger resulting from external exposure to ionizing radiations.

The Committee noted that the dose limits set forth in section 5 of the Deliberation did not correspond to the revised dose limits set forth in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). Referring to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee requested the Government to report on steps taken or envisaged in the light of current knowledge to amend dose limits for occupational exposure and to ensure effective protection of pregnant women.

The Committee also noted that under section 3 of the Deliberation exposed workers were defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth of the limit set for workers. With reference to Article 8 of the Convention which calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiation on radioactive substances, the Committee requested the Government to indicate steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

The Committee further requested the Government to indicate measures taken or envisaged to ensure the effective protection of workers against internal exposure to ionizing radiations in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

The Committee notes the Government's information in its report that preparations have commenced, in consultation with employers' and workers' representatives, for a revision of the labour legislation including on protection against ionizing radiations and that this process is expected to be finalized by the end of the first term of 1996. The Committee notes with interest the information that the revision will take into account the 1990 Recommendations of the ICRP with respect to the matters raised in the Committee's previous comments. In particular, it notes with interest that the 1990 ICRP Recommendations will be incorporated with regard to maximum permissible dose of ionizing radiations received from sources external to the body for workers who are directly engaged in radiation work and for pregnant women (Articles 3 and 6) for workers not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiations or radioactive substances (Article 8), as well as with regard to limits for internal exposure to ionizing radiations (Article 6) of workers of nuclear radiology. Referring also to its 1992 General Observation on the Convention the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards.

Emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

[The Government is asked to report in detail in 1997.]

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

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request.

I. The Committee has noted the information contained in the Government's report received in 1990 and the adoption of Deliberation No. 91-019 AT of 17 January 1991, pursuant to Act No. 86-845 of 17 July 1986, fixing the specific measures for the protection of employees against the dangers resulting from external exposure to ionizing radiations which gives effect to Article 9, paragraph 1, and Article 13(d) of the Convention.

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1 and Article 6, paragraph 2. (a) The Committee notes that the dose limits set forth in article 5 of Deliberation No. 91-019 AT do not correspond to the revised dose limits set forth in the latest ICRP recommendations, but rather those referred to by the ICRP in 1977 (i.e. 50 mSv per year). The latest ICRP recommendations concerning dose limits for occupational exposure to ionizing radiation (see paragraph 11 of the general observation) set an effective dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in light of current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation of 1992 concerning dose limits for pregnant women. It notes that article 5 of Deliberation No. 91-019 provides that the exposure of ionizing radiation to the abdomen of a pregnant woman should be reduced as much as possible and should, in no instance, exceed 10 mSv. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women in the light of current knowledge.

2. Article 8. The Committee once again recalls that this Article of the Convention calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who may remain or pass where they may be exposed to ionizing radiation. It would refer the Government to paragraph 14 of its general observation of 1992 which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (1 mSv per year averaged over any five consecutive years). The Committee notes that, under article 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth the limit set for workers (i.e. one-tenth of 50 mSv or 5 mSv). The Government is requested to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

3. The Government is referred to paragraphs 3 to 7 (functions of dose limits within the system of protection against ionizing radiations), 16 to 27 (limitation of occupational exposure during and after an emergency) and 28 to 34 of the general observation of 1992 (the provision of alternative employment) and requested to indicate the steps taken or envisaged in relation to the matters raised in paragraph 35 (a), (c) and (d).

III. In its previous comments, the Committee had requested the Government to indicate the progress made in ensuring the effective protection of workers against internal exposure to ionizing radiations. It would call the Government's attention to ICRP Publication No. 61 of 1991 which sets forth annual limits on intake of radionuclides by workers through inhalation or ingestion. The Government is requested to indicate the measures taken or envisaged to ensure the protection of workers against internal exposure to ionizing radiations in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

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

I. The Committee notes with interest the information contained in the Government's latest report and the adoption of Deliberation No. 91-019 AT of 17 January 1991, pursuant to Act No. 86-845 of 17 July 1986, fixing the specific measures for the protection of employees against the dangers resulting from external exposure to ionizing radiations which gives effect to Article 9, paragraph 1, and Article 13(d) of the Convention.

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1 and Article 6, paragraph 2

(a) The Committee notes that the dose limits set forth in article 5 of Deliberation No. 91-019 AT do not correspond to the revised dose limits set forth in the latest ICRP recommendations, but rather those referred to by the ICRP in 1977 (i.e. 50 mSv per year). The latest ICRP recommendations concerning dose limits for occupational exposure to ionizing radiation (see paragraph 11 of the general observation) set an effective dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in light of current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation concerning dose limits for pregnant women. It notes that article 5 of Deliberation No. 91-019 provides that the exposure of ionizing radiation to the abdomen of a pregnant woman should be reduced as much as possible and should, in no instance, exceed 10 mSv. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women in the light of current knowledge.

2. Article 8. The Committee once again recalls that this Article of the Convention calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who may remain or pass where they may be exposed to ionizing radiation. It would refer the Government to paragraph 14 which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (1 mSv per year averaged over any five consecutive years). The Committee notes that, under article 3 of the Deliberation, exposed workers are defined as those who because of their work may be exposed to annual doses of ionizing radiation greater than one-tenth the limit set for workers (i.e. one-tenth of 50 mSv or 5 mSv). The Government is requested to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public (i.e. 1 mSv per year).

3. The Government is referred to paragraphs 3 to 7 (functions of dose limits within the system of protection against ionizing radiations), 16 to 27 (limitation of occupational exposure during and after an emergency) and 28 to 34 of the general observation of 1992 (the provision of alternative employment) and requested to indicate the steps taken or envisaged in relation to the matters raised in paragraph 35 (a), (c) and (d).

III. In its previous comments, the Committee had requested the Government to indicate the progress made in ensuring the effective protection of workers against internal exposure to ionizing radiations. It would call the Government's attention to ICRP Publication No. 61 of 1991 which sets forth annual limits on intake of radionuclides by workers through inhalation or ingestion. The Government is requested to indicate the measures taken or envisaged to ensure the protection of workers against internal exposure to ionizing radiations in conformity with Article 6 which calls for dose limits to be set not only for external, but also for internal exposure.

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

1. The Committee notes the information contained in the Government's report in reply to its previous observation and it hopes that measures will be taken in the near future, pursuant to Act No. 86-845 of 17 July 1986, to ensure the effective protection of workers against internal exposure to ionising radiations, in accordance with the Convention. It would be grateful if the Government would indicate in its next report the progress made in this regard.

2. The Committee notes that the Government's report does not contain any information in reply to its previous direct request. It therefore again requests the Government to provide in its next report additional information on the following points.

Article 8 of the Convention. The Committee notes that section 2 of Order No. 1238/CM provides for the classification of workers according to their annual dose levels of exposure. Please indicate whether the dose levels used to classify workers become exposure limits once the workers have been categorised. The Committee recalls that this Article requires maximum permissible dose levels to be fixed for workers not directly engaged in radiation but who remain or pass where they may be exposed to radiations.

Article 9, paragraph 1. The Committee notes that Order No. 1238/CM does not contain any provision to ensure that appropriate warnings are used to indicate the presence of hazards from ionising radiations and that such information is provided to the workers. Please indicate the measures taken or envisaged to apply this Article of the Convention.

Article 13(d). Please indicate the measures taken or envisaged to require employers to take remedial action in response to the technical or medical findings, in conformity with this provision of the Convention.

The Committee also notes that regulations are being drafted pursuant to section 23 of Order No. 1238/CM to establish detailed methods and procedures for monitoring the exposure of workers to ionising radiations. The Committee hopes that the Government will be able to provide copies of the regulations adopted with its next report.

3. The Committee also draws the Government's attention to its general observation of 1987 concerning the protection of workers against ionising radiations in abnormal situations. It hopes that the next report will contain the information requested in the last paragraph of this observation on whether special provisions have been taken or are envisaged concerning the measures to be taken in abnormal situations.

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

With reference to its earlier comments, the Committee notes with satisfaction the adoption on 13 December 1985 of Order No. 1238/cm which gives effect to the Convention to a large extent, with respect to external exposure of workers to ionising radiations. The Committee recalls however, that Article 2, the Convention applies to all activities involving exposure of workers to ionising radiations and this would include internal exposure as well as external exposure. The committee hopes that the Government will be able to take steps in the future to ensure effective protection of workers against internal exposure to ionising radiations, in accordance with the Articles of the Convention.