Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 115) sur la protection contre les radiations, 1960 - Chine - Région administrative spéciale de Macao (Ratification: 1999)

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

Articles 3(1) and (2), 6, 7(1) and 8 of the Convention. Fixing of maximum permissible doses and amounts of ionizing radiation. With reference to its previous request for further information on the application of these provisions, the Committee notes the indication of the Government according to which the OSH regulations were drafted, and levels of maximum permissible doses fixed, in accordance with the maximum permissible doses adopted by the International Commission on Radiological Protection (ICRP) in 1990. In this regard, the Committee would like to bring to the attention of the Government that the current knowledge referred to in Article 6(2) is reflected in the 2007 ICRP Recommendations, the 2012 ICRP Statement on Tissue Reactions/Early and Late Effects of Radiation in Normal Tissues and Organs – Threshold Doses for Tissue Reactions in a Radiation Protection Context, and the 2014 International Basic Safety Standards of the International Atomic Energy Agency (IAEA). The recommendations and norms contained in these texts are summarized in the Committee’ general observation of 2015 concerning this Convention. Concerning in particular dose limits, the Committee refers the Government to paragraphs 32 to 37 of its general observation. The Committee requests the Government to take the necessary measures to review the maximum permissible doses, in light of current knowledge and taking into consideration the 2015 general observation, and to provide information in this regard.

Article 12. Medical examination of workers directly engaged in radiation work. With reference to its previous request for information concerning the adoption of draft regulations that would give effect to this provision, the Committee notes that the Government once again refers to draft OSH regulations which provide for the frequency and type of medical examinations to be performed for workers exposed to radiation. The Committee requests the Government to provide information on progress made as regards the adoption of the OSH regulations which give effect to this Article of the Convention, and to communicate a copy of these regulations once adopted.

Article 13. Measures to be taken promptly in certain circumstances because of the nature or degree of the exposure. In relation to the application of Article 13(a) and (b), the Committee notes the indication of the Government according to which, in light of sections 25 and 29 of Decree No. 40/95/M on Employees’ Compensation Insurance, employers must communicate with the Labour Affairs Bureau within 24 hours of an industrial accident or occupational disease resulting from the exposure of a worker to ionizing radiation and must adopt prompt measures to ensure that the worker receives the necessary check-up and treatment. The Committee notes, however, no information is provided on the measures taken to give effect to Article 13(c) and (d). The Committee requests the Government to provide information on the measures taken to ensure that, because of the nature or degree of the exposure, action be taken promptly so that competent persons examine the conditions in which the worker’s duties are performed (Article 13(c)) and that the employer takes any necessary remedial action on the basis of the technical findings and the medical advice (Article 13(d)).

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments concerning the situation of workers who cannot continue to be exposed to ionizing radiation on health grounds, the Committee notes that the Government refers to sections 7 and 12 of the Labour Relations Law and section 55.1 of Decree No. 40/95/M, according to which employers must take appropriate measures to provide workers who are victims of an occupational accident or disease with work in line with their health status and pay them appropriate remuneration. The Government also refers to section 47.1(a) and (b) of the Decree which provides that workers are entitled to compensation during the period of their temporary incapacity in cases where a reduction in their working or earning capacity results from an occupational accident or disease. Noting that the legislation referenced by the Government refers to workers victim of an occupational accident or disease, the Committee invites the Government to indicate the measures taken or envisaged as regards situations before a disease has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned to work involving exposure to ionizing radiation.