Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 115) sur la protection contre les radiations, 1960 - Polynésie française

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.]