Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Radiation Protection Convention, 1960 (No. 115) - Spain (Ratification: 1962)

The Committee notes the detailed information provided by the Government in its last report.

The Committee notes with satisfaction that the new standards respecting protection against radiation apply to the public in general.

1. In its previous direct request, the Committee requested the Government to take into account the new exposure limits adopted by the International Commission on Radiological Protection (ICRP) in 1990, respecting exposure to ionizing radiations. The Committee notes the information provided by the Government on the incorporation of the ICRP's recommendations in the EURATOM Directive, which will be included in national law and give rise to the revision of the directives currently in force in the country. In this respect, the Committee recalls that, in accordance with Articles 3, paragraph 1, and 6, paragraph 2, of the Convention, maximum permissible doses and amounts shall be kept under constant review in the light of current knowledge with a view to ensuring effective protection for workers against ionizing radiations. The Committee requests the Government to indicate in its next report the measures which have been adopted to adapt the national directives to the recommendations adopted by the ICRP in 1990, which were reflected in 1994 in the International Basic Safety Standards developed under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to confirm the new maximum doses indicated in its report for workers who are exposed in their work, for pregnant women and for workers who are not directly engaged in radiation work, in accordance with Article 8 of the Convention.

2. Article 7, paragraph 2, of the Convention. The Committee notes that the Workers' Charter, Act 8/80, in section 6 prohibits the admission to work of persons under 16 years of age. Sections 10 and 11 of the Royal Decree establish maximum doses for students over 18 years of age, between 16 and 18 years and under 16 years, who have to handle radioactive sources for the purposes of their studies. According to the information provided by the Government, Royal Decree No. 53/92 envisages the possibility of students undergoing training receiving doses which are no higher than those permitted for the public in general. Taking into account the fact that once the ICRP recommendations are adopted, new maximum limits will be established for students or apprentices aged 18 years or over, between 16 and 18 years, and new maximum limits for the public in general, the Committee requests the Government to indicate the new limits established for this category of persons.

3. Protection against accidents and in emergency situations. The Committee notes the information provided by the Government to the effect that the criteria justifying the exceptional exposure of workers to deal with accidents or emergency situations may be revised in the future in line with the next EURATOM Directive. In this respect, the Committee refers once again to paragraphs 16 to 27 and 35(c) of its general observation of 1992, and paragraphs V.27 and V.30 of the International Basic Safety Standards of 1994, and requests the Government to indicate in its next report the circumstances in which exceptional exposure is authorized, the measures which have been taken or are envisaged to optimize protection during accidents and emergency operations, particularly with regard to the design of the workplace and the equipment and protective devices at the workplace, and the planning of emergency intervention techniques, the utilization of which, in emergency situations, would make it possible to avoid exposing individuals to ionizing radiations.

4. Alternative employment. (a) Accumulated lifetime dose: The Committee notes with interest the information provided on Decree No. 792/1961, of 13 April, which in section 25 establishes that "physicians who, in the exercise of their functions and as a consequence of the tests which they carry out on workers, discover any symptom of occupational disease which does not constitute temporary incapacity, but the progression of which could be prevented by the transfer of the worker to another job within the same enterprise (...) shall inform the enterprise accordingly (which is obliged to comply with this medical directive) and the labour authority". The Committee requests the Government to indicate whether, in work involving ionizing radiations, measures have been taken or are envisaged to ensure that alternative employment is provided to workers whose continued assignment to work involving exposure to ionizing radiations is medically inadvisable due to an accumulated effective dose so great that detriment considered unacceptable would arise.

(b) Pregnant women: Noting the limits established for pregnant women, the Committee requests the Government to indicate the measures which have been taken or are envisaged concerning the provision of alternative employment. Finally, the Committee would be grateful if the Government would indicate whether cases have risen in which employers have provided alternative employment to the above two categories of workers.