Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - Uruguay (Ratificación : 1992)

The Committee notes the Government’s last report and the information communicated in response to its previous comments. It would draw the Government’s attention to the following points on which additional information is required.

1. Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that currently Decree No. 406/88 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions and Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials are the main legislative texts applicable in the area of radiation protection. The Government, however, confirms the Committee’s previous comments that the above Decrees only partly give effect to the provisions of the Convention. In this context, the Committee notes Act No. 16.736 of 5 January 1996 on the National Budget, which contains in its paragraph 8 certain provisions related to radiation protection. However, there are no provisions establishing dose limits of workers’ exposure to ionizing radiations. The Government nevertheless indicates that the Recommendations of the International Commission on Radiological Protection (ICRP), the organization internationally recognized for its assessments of the state of the art in this field which provides inter alia for dose limits of workers’ exposure, are applied. The Committee accordingly requests the Government to indicate the manner in which the ICRP Recommendations are implemented and thus are binding at the national level. In this respect, the Committee further notes the Government’s indication that the Radiological Protection Bill, submitted to Parliament during the previous legislative period, incorporates the ICRP Recommendations, which are reproduced in the 1994 International Basic Safety Standards. The Bill, once it is in force, will oblige the users of radiation sources to meet the requirements set up to attain an effective control of ionizing radiation sources in the country, as well as to apply the requirements established for adequate working procedures with regard to the use of protective elements for workers, patients and the general public. The Committee, observing that the Radiological Protection Bill is under consideration since 1995, hopes that its adoption will take place in the near future; and that it will contain, inter alia, provisions setting forth exposure limits for the various categories of workers which replicate the latest Recommendations of the ICRP of 1990 and are reflected in the 1994 International Basic Safety Standards, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work, as provided for in these Articles of the Convention.

2. Article 8. With reference to the Committee’s previous comments, the Government limits itself to reiterate the content of section 24 of Decree No. 406/88, according to which the dose limit of ionizing radiation for workers not directly exposed in the course of their work, but who remain or pass through places where they may be exposed to ionizing radiation, is to be established at the same level as for the general public. The Committee, therefore, expresses again the hope that the Government will take the necessary measures to establish the dose limit of exposure for the general public. In this respect, the Committee recalls to the Government that the annual dose limit recommended by the ICRP in 1990 for the general public is 1 mSv.

3. Article 9. The Committee notes the Government’s indication that the signs for indicating dangers are those recommended by the International Atomic Energy Agency in its Basic Safety Standards, and that the existence of warning signs placed at the entrance within these areas are under supervision. Although the frequency of inspections regarding the existence of these signs is not regulated, in practice there are annual inspections in high-risk and medium-risk areas and inspections every two years in low-risk areas. The Committee requests the Government to give further particulars on the concrete warning systems used, and to indicate the manner in which the degree of risk is determined, which then influences the frequency of inspections. As to the requirement to provide the necessary information on the warning systems to the workers, the Government repeats the information given in its previous report to the effect that plans are currently being made with the National University to improve the level of training relating to radiological protection. The Committee, with a view to the time elapsed since the activities on the issue have been started with the National University, requests the Government to indicate whether any results have already been obtained to guarantee that the workers concerned are in fact provided with the necessary information on radiation protection. In this respect, the Committee would recall the importance of thorough information of the workers concerned representing a prerequisite for providing effective protection to them against the dangers arising from their exposure to ionizing radiations.

4. Article 13(a). With regard to the medical examination of workers in specified circumstances resulting from the nature or degree of their exposure, the Committee notes the Government’s indication that, in cases of injuries to workers of "probable radiological origin", subsequent studies are carried out in the offices of the National Commission on Atomic Energy of the Republic of Argentina. The Committee requests the Government to give particulars on the nature of this study and to indicate whether these studies also comprise medical examinations of the workers concerned.

5. Article 14. With regard to the provision of alternative employment possibilities to workers having prematurely accumulated their lifetime dose of ionizing radiation and to pregnant women, the Committee notes with interest the Government’s indication on the approval of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment possibilities to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons. While the above resolution is not available to the Committee, it was not possible to determine the extent to which the resolution would give effect to this principle derived from Article 14 of the Convention. It therefore would be grateful if the Government would communicate, with its next report, a copy of the above resolution for examination.

6. Article 15. The Committee notes the Government’s indication concerning the different competent authorities in the field of radiation protection and their responsibilities. As to the inspections, section 2 of Decree No. 519/84 confers the power to carry out inspections to the National Commission on Atomic Energy. Further to its previous comments, the Committee requests the Government to give additional information on the manner in which the inspections are carried out. To this effect, the Committee would ask the Government to supply extracts of inspection reports containing the relevant information on the methods used during the inspection of enterprises where workers are exposed to ionizing radiation in the course of their work.

7. Emergency situations and accidents. The Committee notes the Government’s indication that it has ratified through Act No. 16.075 of 11 October 1989, the Conventions on the immediate notification of nuclear accidents and on assistance in cases of nuclear accidents or radiological emergencies, approved by the General Conference of the International Atomic Energy Agency on 26 September 1986. The Committee further notes the Government’s indication that article 13 of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, provides for prior authorization in the case of workers’"planned special exposure". The Committee would draw again the Government’s attention to the indications given in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention. In particular, paragraph 19, referring to the ICRP Recommendations, indicates that the ICRP no longer includes the notion of "planned special exposure". Regarding the limitation of occupational exposure in emergencies, the ICRP now concludes that occupational exposure directly due to an accident can be limited only by the design of the plant and its protective features and by the provision of emergency procedures. The Committee, therefore, hopes that the Government will take the necessary measures in the framework of the examination of the Radiation Protection Bill, i.e. the insertion of provisions on workers’ exposure in emergencies reflecting the matters raised in paragraphs 16-27 and 35(c) of its 1992 general observation.