Radiation Protection Convention, 1960 (No. 115) - New Caledonia

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

Previous comments: C.115, C.120, C.127 and C.187

Previous comments: C.115, C.120, C.127 and C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 115, 120, 127 and 187. The Committee notes the detailed information contained in the report of the New Caledonia Compensation Fund for family allowances, occupational accidents and worker protection (CAFAT). This report shows that there were 3,576 occupational accidents in 2019, 3,257 in 2020 and 2,954 in 2021. It also shows that there were 176 commuting accidents with absence from work in 2019, 145 in 2020 and 148 in 2021, and that 80 diseases were recognized as occupational in 2019, 64 in 2020 and 54 in 2021. The Committee notes that CAFAT applies “malus” points (increases, through the application of a safety index, to the rate of contributions for occupational accidents and diseases) to enterprises that regularly fail to observe the principles of occupational risk prevention, and that in 2021 the enhanced monitoring, which was set up for two enterprises to prevent “malus” points from being applied to them, produced rather conclusive results. The Committee also notes that, conversely, CAFAT may apply a lower rate of contribution when the employer has taken special safety and prevention measures. With regard to Convention No. 127, the Committee takes due note of the various initiatives taken by CAFAT, the Directorate of Labour and Employment (DTE), the Labour Inspectorate and the Technical Advisory Committee (CTC) on the prevention of risks associated with the manual transport of loads. The Committee notes, however, that in 2021, of the 54 diseases recognized as occupational, 53 were due to articular diseases (almost half of which concerned people working in commerce, offices, or the public or semi-public services) and the last one was linked to chronic lower back pain due to the manual carrying of heavy loads. With regard to occupational accidents, “manual transport or handling”, which remains the biggest cause of occupational accidents, 851 occupational accidents were accounted in 2020. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including on the number of occupational accidents and cases of occupational disease, particularly in terms of the manual transport of loads, and particularly in commerce and offices.

Legislation.Noting that the DTE has undertaken to fill the gaps in OSH regulations by drawing up a codification (particularly in the areas of protection against risks related to the inhalation of asbestos, hyperbaric activities, risks related to electricity and night work) and to update the applicable OSH texts, the Committee requests the Government to provide information on any progress achieved towards the adoption of new texts in the above areas, the updating of Decision No. 34/CP of 23 February 1989 of Congress on general safety and health measures, and the amendment to be made to Order No. 2009-4271/GNC of 22 September 2009 on the minimum safety and health requirements relating to the manual handling of loads involving risks, particularly relating to lower back pain, to workers.

A. General provisions

OSH and its promotional framework (Convention No. 187)

• Objective

Article 2(2) of the Convention. Account taken of the principles set out in the relevant instruments of the ILO. Further to its previous comment, the Committee notes that the OSH system is consistent with each of the Conventions listed in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and that the Government has identified the measures taken or envisaged in order to give effect to these Conventions, whether or not they have been ratified by France or declared applicable to New Caledonia. The Committee notes the information provided, which responds to the previous request for information.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. In response to the Committee’s previous comment, the Government indicates that it has not received any draft text to ensure applicability of the Occupational Cancer Convention, 1974 (No. 139) and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) to New Caledonia. The Committee requests the Government to continue to provide information on the periodic examination of the measures that could be taken to ensure applicability of the relevant OSH Conventions of the ILO to New Caledonia, in particular Conventions Nos 139 and 148, but also the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Safety and Health in Agriculture Convention, 2001 (No. 184), which have also been ratified by France.

• National policy

Article 3(1) and (3). Periodic examination of the national policy. Consultation with the social partners. The Committee notes that, according to the information provided by the Government in response to its previous request, consultation with and participation of the social partners in OSH matters is carried out within the Social Dialogue Council (CDS). The Committee also notes that the CDS is informed of the main areas of the Government’s activity and the reforms that it proposes in various fields such as labour, employment and worker protection, at the annual social conference; that the Government and the CDS inform each other of the progress of the work at quarterly conferences, and that they set out a shared social agenda, which is reviewed on a quarterly basis. The aim of the agenda is, in particular, to enable discussion and ensure follow-up to the work undertaken or planned by the Government. The Committee notes the information provided, which responds to the previous request for information.

Article 3(2). Promotion and advancement, at all levels, of the right of workers to a safe and healthy working environment. In response to the Committee’s previous comment, the Government indicates that the DTE is responsible for, inter alia, the prevention of occupational risks and the improvement of working conditions, and that to this end it relies not only on the institutional bodies – CAFAT, the Occupational Inter-enterprise Medical Service (SMIT) and the Chambers of Commerce (the Chamber of Trade and Crafts, Chamber of Trade and Industry and Chamber of Agriculture) – but also the social partners. The Committee welcomes the fact that Territorial Act No. 2021-4 of 12 May 2021 relating to the New Caledonian public service has created a joint technical committee for each public employer, which is consulted on issues relating particularly to occupational safety and health, and working conditions. In addition, the Committee welcomes the creation, on 1 January 2021, of the Occupational Health and Prevention Service of the Human Resources and Public Service Department of New Caledonia. Lastly, the Committee notes the regular running of the Fair for social dialogue, risk prevention and vocational training and of the Forum for the prevention of occupational risks. The Committee notes the information provided, which responds to the previous request for information.

• National system

Article 4(3)(c). OSH training. Further to its previous comment, the Committee notes that 32 people have received three-year accreditation to provide first-aid training in the workplace, and nine have been given five-year accreditation to carry out coordination tasks in the field of safety and health protection in the building industry. In addition, the Committee notes the information provided on the free training organized by the DTE and CAFAT on occupational health and safety issues, the training offered by the Institute of Social Relations to employers’ and workers’ representatives, as well as the assistance and training provided by the Chambers of Commerce in OSH matters. The Committee notes the information provided, which responds to the previous request for information.

Article 4(3)(d). Occupational health services. In response to the Committee’s previous comment, the Government indicates that the discussions started with the social and institutional partners on the need to reform the occupational health system resulted in the adoption of Territorial Act No. 2020-7 of 15 May 2020, which replaced Chapter III (on occupational health services) of Title VI (on OSH) of the Labour Code, and Decision No. 37/CP of 24 June 2020 on the reform of occupational health services. According to the Government, the above-mentioned Act has overhauled the legal framework for the occupational health system, with the aim of enabling it to meet the reasonable expectations of enterprise stakeholders; and one of the main innovations was the establishment of either medical follow-up adapted to the worker’s situation, or more thorough follow-up in line with the worker’s exposure to certain risks. The Committee notes this information, which responds to its previous request.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. In response to the Committee’s previous comment, the Government indicates that the DTE and CAFAT work in close collaboration to raise the awareness of enterprises and involve them in OSH matters, which results in the organization of occupational risk prevention forums and the publication of manuals. The Committee notes this information, which responds to its previous request.

Article 4(3)(h). Support mechanisms formicroenterprises, small and medium-sized enterprises and the informal economy The Government indicates that three mechanisms, in particular, contribute to making progress in support for enterprises: (i) the CTC, which allows enterprises that lodge a request to obtain financial support for additional means of prevention; (ii) the Inter-occupational Fund for Training Insurance, which ensures the financing of OSH training; and (iii) the Institute of Social Relations, which allows workers’ representatives to receive free training. The Committee requests the Government to specify whether these mechanisms apply to microenterprises, small and medium-sized enterprises, and the informal economy.

• National programme

Article 5. National OSH programme. In the absence of information on the current national OSH programme, the Committee requests the Government to provide a copy of this plan and to specify the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as the role of the social partners and the CDS in this process.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Instruction of workers engaged in radiation work. The Committee notes that, in response to its previous request, the Government indicates that cooperation between the Government and the Nuclear Safety Agency, which was initiated in 2013 and provided for, inter alia, a support and training programme, was renewed for 2016–18, and then for 2019–21. The Committee also notes that the Chamber of Trade and Industry offers training aimed at optimizing protection for workers against radiation in the medical field and that a training centre for those who manage radioactive sources and x-ray machines, as well as for workers using these machines, is being set up. The Committee requests the Government to provide information on the establishment of the above-mentioned training centre.

Maximum Weight Convention, 1967 (No. 127)

Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed. The Committee notes that Order No. 2009-4271/GNC of 22 September 2009 relating to the minimum safety and health requirements for the manual handling of loads involving risks, for workers, particularly to the lower back, will be amended in the next two years and that there are plans to adopt a third annex, establishing a system of reduction coefficients to be applied according to a given situation (for example, a slanting floor). While expressing the hope that a third annex to Order No. 2009-4271/GNC, establishing a system of reduction coefficients, will be adopted shortly, the Committee requests the Government to provide information on this matter and to send a copy of this new regulation, once it has been adopted.

• Protection in specific branches of activity

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

The Committee notes the information provided by the Government in its report in response to its previous request concerning Article 16 of the Convention.

Article 19. First-aid kit. In response to the Committee’s previous comment, the Government indicates that, in the light of the obsolete and incomplete nature of Order No. 3445-T of 30 August 1995, regulating the application of section 19 of Decision No. 50/CP of 10 May 1989 relating to occupational health, amended by Decision No. 432 of 3 November 1993, and relating to first-aid kits, a draft decision concerning first-aid kits in enterprises and an implementing order are being adopted. The Government states that this draft has already been submitted to the competent bodies and then to the social partners within the CDS, which must issue its view shortly. The Committee requests the Government to provide information on any progress achieved towards the adoption of a new regulation concerning first-aid kits in enterprises.

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

Previous comment

Previous comment

Articles 1, 3(1) and (2), 6, 7, 8, and 14 of the Convention. Legislation. Appropriate measures to ensure the effective protection of workers against ionizing radiations and maximum permissible doses of ionizing radiations. Discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice. The Committee takes due note that, in the period 2018–2021 there were no reports of occupational accidents with absence from work further to a worker’s sudden exposure to radiation. The Committee notes, however, that according to the Government, the regulations concerning radiation protection and, in particular, the maximum permissible doses, have not been updated for many years. The Government indicates that this is due to a lack of human resources and difficulties encountered in transposing the new regulations of metropolitan France into New Caledonian legislation. Nonetheless, the Committee notes with regret that the new regulation, which was due to be adopted in December 2016, has not yet been adopted. The Committee notes that the updating of Decision No. 547 of 25 January 1995, relating to the protection of workers against ionizing radiations, was scheduled for the first half of 2023 and that, ahead of this updating, the stakeholders (the enterprises and institutions involved) had decided that the above-mentioned decision would continue to be applied as it sets out the overriding principles of protection and management of workers’ exposure; but with regard to its implementation, they referred to the regulation of metropolitan France. In this regard, the Committee wishes to once again draw the Government’s attention to the following paragraphs of its 2015 general observation: paragraph 31 on a system of radiation protection; paragraphs 32 to 35 on the current recommendations for permissible dose limits; and paragraph 40 on discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee also notes that 2023 was to be the year in which consideration was given to the establishment of a New Caledonian governmental department for radiation protection, responsible for liaising among all stakeholders. The Committee expects that the Government will spare no necessary efforts so that, in the light of the above-mentioned paragraphs of the 2015 general observation, a new regulation giving full effect to the Convention, particularly Article 3(1) and (2), and Articles 6, 7, 8 and 14, is adopted as soon as possible and in consultation with the employers’ and workers’ representatives concerned. In addition, the Committee requests the Government to provide information on any measures taken or envisaged with a view to the establishment of a New Caledonian governmental department for radiation protection.

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

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 on this Convention, and particularly the request for information contained in paragraph 30.

Article 1 of the Convention. Laws or regulations. Article 3(1) and (2). Appropriate measures to ensure the effective protection of workers against ionizing radiations. Articles 6, 7 and 8. Maximum permissible doses of ionizing radiations. Article 14. Discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. In its previous comment, the Committee requested the Government to continue its efforts to adopt the necessary legislative amendments to ensure conformity with the Convention. The Committee welcomes the Government’s indication in its report that, following the signature in September 2013 of the framework agreement on technical assistance with the Nuclear Safety Authority (ASN) of France, the ASN has undertaken an updating of the regulations on radiation protection in collaboration with the various competent Government services. The Committee notes that, according to the Government, the new regulations should be adopted in December 2016. In this regard, the Committee wishes to draw the Government’s attention to the following paragraphs of its general observation of 2015: paragraph 31 on the system of radiation protection; paragraphs 32–35 on the current recommendations for maximum permissible dose limits; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee hopes that the new regulations will be adopted in the very near future and will give effect to the Convention, and particularly to Article 3(1) and (2) and to Articles 6, 7, 8 and 14 of the Convention, in light of the above paragraphs of the general observation of 2015. It requests the Government to provide a copy of the regulations when they have been adopted.

Article 9(2). Instruction for workers engaged in radiation work. With reference to its previous comment, in which it requested the Government to indicate the measures adopted or envisaged to ensure that all workers directly engaged in radiation work are duly trained, the Committee notes the Government’s indication that the training provided in 2013 by ASN inspectors, and repeated in 2014, was targeted at counterparts identified in each of the competent services, as well as at resource persons in establishments adopting procedures using ionizing radiations. However, the Committee notes that the Government does not provide information on the instruction provided to workers directly engaged in radiation work, as required by Article 9(2) of the Convention. The Committee once again requests the Government to provide information on the measures adopted or envisaged, in law and practice, to ensure that all workers directly engaged in radiation work are duly instructed.

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

Article 1 of the Convention. Application of the Convention by means of laws or regulations, codes of practice or other appropriate means in consultation with representatives of employers and workers. With reference to its previous comments, the Committee notes that the Government again refers to territorial Act called loi du pays (legislation of New Caledonia, distinct from French legislation) No. 2009-7 of 19 October 2009 on occupational safety and health amending the Labour Code of New Caledonia, and reports that the Act was submitted to representatives of workers and employers for their opinion at a tripartite consultation held on 30 April 2008. The Committee notes, however, that the Government provides no information on the efforts made to adopt the necessary legislative amendments to ensure conformity with the Convention. Referring to its previous comments, the Committee again urges the Government to pursue its efforts to adopt the necessary legislative amendments to ensure conformity with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts, and to report any progress.

The Committee notes with concern that, according to the Government’s report, no measures have been taken to give effect to Article 3(1) and (2), Article 6, Article 9(2) and Article 14 of the Convention. Consequently, the Committee is bound to repeat its previous comments, which read as follows:

Article 3(1) and (2) and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3(1) and (2), and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of “knowledge available at the time” and “new knowledge”. The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that, once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

Article 9(2). Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

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 the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 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 radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

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

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 provided concerning the developments in the area of occupational safety and health in general in the country, including, in particular, the adoption of law No. 2009-7 of 19 October 2009 concerning occupational safety and health (OSH) as part of the implementation of the new Labour Code adopted in 2008. The Committee notes that the new OSH law is broad in scope, that it emphasizes prevention and risk assessment, that it includes detailed provisions regarding the functions of the labour inspection services, and that the Government refers to several activities destined to increase the general awareness to OSH issues. The Committee notes with regret, however, that the Government reports that no change in law and in practice has occurred as regards the specific requirements of this Convention. The Committee requests the Government to provide a copy of the new OSH law adopted, and urges the Government once again 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. Against this background, the Committee is bound to reiterate its previous comments, which read as follows:

The Committee notes the information contained in the Government’s report, including the information concerning the adoption of Decision No. 547 of 25 January 1995 relating to the protection of workers against the hazard of ionizing radiations, as well as Orders Nos 3165-T, 3167-T, 3169-T, 3171-T and 3173-T of 10 August 1995. It wishes to bring the Government’s attention to the following points.

Article 1 of the Convention. Tripartite consultation. The Committee notes that the legislation referred to by the Government as giving effect to the Convention does not seem to contain provisions ensuring consultation with the representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to indicate the measures taken or envisaged for this purpose.

Article 3(1) and (2), and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3(1) and (2), and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of “knowledge available at the time” and “new knowledge”. The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that, once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

Article 9(2). Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

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 the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 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 radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

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

The Committee notes with interest the information provided concerning the developments in the area of occupational safety and health in general in the country, including, in particular, the adoption of law No. 2009-7 of 19 October 2009 concerning occupational safety and health (OSH) as part of the implementation of the new Labour Code adopted in 2008. The Committee notes that the new OSH law is broad in scope, that it emphasizes prevention and risk assessment, that it includes detailed provisions regarding the functions of the labour inspection services, and that the Government refers to several activities destined to increase the general awareness to OSH issues. The Committee notes with regret, however, that the Government reports that no change in law and in practice has occurred as regards the specific requirements of this Convention. The Committee requests the Government to provide a copy of the new OSH law adopted, and urges the Government once again 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. Against this background, the Committee is bound to reiterate its previous comments, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report, including the information concerning the adoption of Decision No. 547 of 25 January 1995 relating to the protection of workers against the hazard of ionizing radiations, as well as Orders Nos 3165-T, 3167-T, 3169-T, 3171-T and 3173-T of 10 August 1995. It wishes to bring the Government’s attention to the following points.

Article 1 of the Convention. Tripartite consultation. The Committee notes that the legislation referred to by the Government as giving effect to the Convention does not seem to contain provisions ensuring consultation with the representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to indicate the measures taken or envisaged for this purpose.

Article 3(1) and (2), and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3(1) and (2), and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of “knowledge available at the time” and “new knowledge”. The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that, once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

Article 9(2). Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

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 the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 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 radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

[The Government is asked to reply in detail to the present comments in 2012.]

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

1. The Committee notes the information contained in the Government’s report, including the information concerning the adoption of Decision No. 547 of 25 January 1995 relating to the protection of workers against the hazard of ionizing radiations, as well as Orders Nos. 3165-T, 3167-T, 3169-T, 3171-T and 3173-T of 10 August 1995. It wishes to bring the Government’s attention to the following points.

2. Article 1 of the Convention. Tripartite consultation. The Committee notes that the legislation referred to by the Government as giving effect to the Convention does not seem to contain provisions ensuring consultation with the representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to indicate the measures taken or envisaged for this purpose.

3. Article 3, paragraphs 1 and 2, and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3, paragraphs 1 and 2, and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of "knowledge available at the time" and "new knowledge". The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

4. Article 9, paragraph 2. Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X-ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

5. 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 the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 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 radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

The Committee notes the Government' indication in reply to its previous direct request that regulations (including a Congressional deliberation and two executive decrees) are presently being elaborated in order to give full effect to the Articles of the Convention, taking into account the Committee's previous comments. The Government has further indicated in its report that these regulations will come into force in the very near future. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

The Government is requested to indicate, in its next report, the progress made in this regard and to provide a copy of the text of the regulations as soon as they are adopted.

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

The Committee notes, from the Government's replies to its direct request of 1984 and general observation of 1987 that no regulations have yet been prepared on the matters covered by the Convention in pursuance of Ordinance No. 85-1181 of 13 November 1985. Since pursuant to section 140 of the said Ordinance the regulations which previously gave partial effect to the Convention (Order No. 60-364/CG of 6 December 1960) are no longer in force, the Committee would stress the need to adopt new regulations to ensure the application of the Convention. In this respect, it recalls its previous comments, in which it indicated the measures to be taken in order to supplement the regulations previously in force, on the following points:

Article 2, paragraph 1, of the Convention. The new regulations should cover all activities involving the exposure of workers to ionising radiations.

Article 3, paragraph 1, and Article 6, paragraph 2. The new regulations should provide for the review in the light of current knowledge of the maximum permissible doses of ionising radiation fixed by Order No. 60-364 of 9 December 1960 and by any later regulations.

Article 7, paragraph 1(b). The new regulations should fix maximum doses and amounts in accordance with Article 6 of the Convention, for workers aged between 16 and 18 years.

Article 7, paragraph 2. The new regulations should prohibit the assignment of workers under the age of 16 to work involving ionising radiations.

Article 11. The new regulations should provide for the appropriate monitoring of workers in order to measure their exposure to ionising radiations. The Committee ventures to call the attention of the Government to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which proposes a number of measures to be taken in this connection.

Article 13. The new regulations should contain provisions laying down the action to be taken in certain circumstances to be specified where the nature or degree of the exposure warrants it (for example in an emergency). This Article of the Convention does not cover the normal medical supervision of workers, which is the subject of Article 12, but the remedial measures, both medical and technical to be taken in the above-mentioned circumstances. With the exception of clause (b) (notification of the competent authority by the employer) the action called for by this Article does not seem to be prescribed by the present regulations.

The Committee expresses the hope that new regulations will be adopted in the near future, that they will give full effect to the various Articles of the Convention and that the Government will be able to communicate a copy of the regulations adopted with its next report.