Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Iraq

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1962)
Occupational Cancer Convention, 1974 (No. 139) (Ratification: 1978)

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) and 139 (occupational cancer) together.

Protection against specific risks

Protection of workers against ionizing radiations (Convention No. 115)

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

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Exemption. In its previous comments, the Committee requested the Government to confirm that Internal Regulations No. 1 (2006) concerning the Control of the Use of Radioactive Sources in Iraq (2006 Regulations) issued by the Radioactive Source Regulatory Authority apply to all uses of radiation in the country and to provide information on exemptions granted under sections 4(4) and 5 of these Regulations. In this regard, the Committee notes the Government’s statement in its report that the 2006 Regulations are applicable to all known radiation uses and practices involving radioactive sources. It also notes the Government’s indication that, pursuant to section 5(2) of the 2006 Regulations, when as a result of a radiation practice the radiation exposure of the public does not exceed 10 mSv per year, the relevant body is exempted from the Authority’s licensing requirements, including the preparation of a local emergency plan. However, it is subject to other measures such as inspections, licence extension and end-of-life disposal of the source. The Committee notes that such an exemption is in line with the standards contained in the publication Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (General Safety Requirements Part 3), issued in July 2014 by the International Atomic Energy Agency. It takes note of this information.

Articles 2 and 3. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. In its previous comments, the Committee requested the Government to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined. The Committee notes that the Government has not replied to its request.

In this regard, the Committee would like to draw the Government’s attention to paragraphs 17–23 and 36–37 of its 2015 general observation, where it indicates that individual exposure in emergency situations should be optimized, with appropriate boundaries of reference levels. Such reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures are to be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv, except in certain specific and exceptional situations (described in paragraph 37 of the general observation). Response organizations (as defined in note No. 19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who undertake actions in exceptional circumstances in which the doses received might exceed 50 mSv do so voluntarily, have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety and that they are, to the extent possible, trained in the actions they may be required to take. In light of the indications contained in the abovementioned paragraphs of its 2015 general observation, and acknowledging the difficult situation in the country, the Committee requests the Government to provide information on the boundaries of reference levels for the exposure of workers in emergency situations, as well as the exceptional circumstances and the conditions in which emergency workers might be subject to an exposure in excess of 50 mSv.

Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. In its previous comments, as regards the application of Article 12, the Committee requested the Government to supply a copy of relevant instructions in relation to the type and nature of the medical examinations required before the employment and then periodically. The Committee takes note of the preliminary and periodical medical examination forms provided by the Radiation Prevention Centre at the Ministry of the Environment, enclosed with the Government’s report, which give information in this respect. Concerning the application of Article 13(a), it notes however that the Government did not provide the information requested in relation to medical examinations in cases of emergency. The Committee requests the Government to specify the measures taken to ensure that workers undergo promptly an appropriate medical examination in certain circumstances, because of the nature and/or degree of the exposure to ionising radiations, and to give details about these circumstances.

Prevention and control of occupational hazards caused by carcinogenic substances and agents (Convention No. 139)

Article 3 of the Convention. Appropriate system of registers. In its previous comments, the Committee requested the Government to provide information on progress made in the establishment of an appropriate system of records, in respect of workers exposed to carcinogenic substances. The Committee notes the Government’s indication in its report that a national record of cancers exists within the Ministry of Health. The Committee also notes the attached form adopted by the Ministry of Health for cancer records, which includes personal information, information on the occupation, on the disease and on the treatments. The Government indicates that this information is included among the main data recorded when persons suffering from cancer are admitted to government hospital. It adds that all factories, plants and employers are required to report on an annual basis any case of cancer diagnosed among the staff of the establishment concerned. The Committee requests the Government to provide further details about the functioning in practice of the national record of cancer within the Ministry of Health, including the implementation of the obligation for employers to report cases of cancer and to provide also any legal text concerning this obligation.

Article 5. Provision of medical examinations. Application in practice. The Committee previously noted the information provided by the Government concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. It notes that under section 59 of the Social Security and Retirement Act, No. 39 of 1971, provided by the Government with its report, the company or the injured worker may ask for medical re-examination once every six months during the first year from the date on which the disability is confirmed and once annually thereafter. The Committee also notes that section 61 of this Act provides that employers shall be responsible, in case an occupational disease is detected within one year from the termination of employment, and on the condition that the worker has worked in an industry unrelated to the respective occupational disease. The Committee requests the Government to provide statistical information on occupational diseases detected within one year from the termination of employment.

Application in practice. The Committee notes the Government’s indication that the requested statistical data concerning the number of workers covered and the number of diseases will be provided in a subsequent report as soon as they are available. The Committee requests the Government to provide information in this regard, including the number and nature of the contraventions reported, and the number, nature and cause of cases of diseases.