Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 115) sur la protection contre les radiations, 1960 - Inde (Ratification: 1975)

1. The Committee notes the information and appended documentation in the Government’s report including the Atomic Energy (Radiation Protection) Rules, 2004, the Atomic Energy Regulation Board (AERB) safety manual on radiation protection for nuclear facilities and the Annual Report of the AERB for the period 2003-04. The Committee also notes the information that notifications under the Atomic Energy (Radiation Protection) Rules, 2004, are being developed and requests the Government to transmit copies thereof once they have been issued.

2. The Committee notes with interest the clarifications and additional information provided by the Government in reply to its previous comments concerning the protection of pregnant women engaged in radiation work, protection against accidents and during emergency situations, and the enforcement of legislation on radiation protection and requests the Government to keep it informed of further developments, in law and in practice, in these areas.

3. Article 1 of the Convention. Consultation with representatives of employers and workers. In reply to the Committee’s previous comments, the Committee notes the indication of the Government that the Atomic Energy (Radiation Protection) Rules, 2004, were prepared by specialists in radiological safety and other experts of nuclear and radiation facilities, and that all aspects related to safety of workers and the public were duly considered. It regrets, however, to note that the Government indicates that these rules were adopted without consultation with representatives of employers and workers. While noting the explanation of the Government that it was found impracticable to refer the draft rules to the large number of representative bodies of employers and workers, the Committee wishes to emphasize that Article 1 of the Convention requires the competent authority to consult with representatives of employers and workers while applying the provisions of the Convention. The Committee recalls that it drew the attention of the Government to this obligation in its comments made in 1987 and that in response, the Government indicated in 1990 that the Department of Atomic Energy would take into consideration the requirements of Article 1 while framing rules. Furthermore, in its report submitted in 2000, the Government indicated that the draft of the Radiation Protection Rules, 2004, would be sent to the representatives of all the concerned employers’ and workers’ organizations for their comments. Under these circumstances, in the light of the importance of the consultation required under Article 1, the Committee expresses the firm hope that the competent authority will take appropriate measures in the future to consult with the concerned representatives of employers and workers on all aspects related to the application of the Convention, including the development and reviews of relevant legislation such as the ongoing development of notifications under the Atomic Energy (Radiation Protection) Rules, 2004. The Committee requests the Government to keep it informed in this respect.

4. Article 3, paragraph 1, and Article 6, paragraph 2. Effective protection of workers against ionizing radiation. The Committee notes that, in reply to its previous comments, the Government clarifies that the AERB Safety Directive No. 7-1999, on radiation exposure adopted in 1999 in accordance with the recommendations of the International Commission of Radiological Protection (ICRP) 60 (1990), prescribe a maximum permissible dose limit of 30 mSv for workers involved in radiation activities, subject to a cumulative dose over a defined block of five years not exceeding 100 mSv. It also notes, with interest, the Government’s further explanation that an exposure of 10 mSv at any time in the year triggers a review of the work practice of the exposed worker and the taking of remedial measures, as appropriate, to ensure that the annual dose limit is not exceeded, and that such reviews have actually helped in instituting appropriate remedial measures. Noting that the AERB Directives do not seem to regulate such a review, the Committee requests the Government to indicate the specific provision of national legislation or the specific directive that requires a review of work practice when the dose of a worker exceeds 10 mSv and to keep the Committee informed of the application of this review process.

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 the indications of the Government in response to its previous comments that all instances where workers are exposed to ionizing radiation in excess of the prescribed limits are reviewed by specialist committees and appropriate directives are issued to the licensee. The directives would include a prescribed discontinuation of radiation work by the worker and the engagement of the worker in alternative work for a specified period. The Government also indicates that such provision of alternative work for a specified period has never been a problem for the licensee and that no case of loss of wages in the case of such alternative employment has been brought to the notice of the AERB. The Committee notes that there is thus a possibility for workers who have been subjected to excessive exposure to secure alternative employment for a specific period. The Committee notes however that the information furnished by the Government does not appear to cover all cases where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable nor does it seem to apply generally as it is limited to specific time periods. In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider taking 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 radiation 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.