Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. The Committee notes the Government’s report, including information in response to its previous comments and copies of recently adopted legislation. It notes the adoption of Decree No. 783/2001 of 6 July 2001 (2001 Decree) regulating radiation protection of workers and laying down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionizing radiation, which repeals Decree No. 53/1992 of 24 January 1992. With reference to its previous comments, the Committee notes with satisfaction that the 2001 Decree gives effect to Article 3, paragraph 1, Article 6, paragraph 2, Article 7, paragraph 2, and Article 13 of the Convention and that it provides for dose limits in accordance with the recommendations of the International Commission on Radiological Protection (ICRP) of 1990, to which the Committee referred in its 1992 general observation under the Convention.

2. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes with interest the Government’s indication that section 25 of Law No. 31/1995 and legislation on social security and protection against ionizing radiation, also cover the provision of alternative employment opportunities for workers having prematurely accumulated their lifetime dose. The Committee further notes with interest the Government’s statement that workers having accumulated an effective dose beyond which is detrimental to the worker’s health, are entitled to economic benefits under the social security legislation, or as agreed in collective agreements, in order to maintain their income. With regard to pregnant women, the Committee notes with interest that sections 14, 15 and 17 of Decree 1251/2001 provide for an economic benefit of 75 per cent of the “regulatory base” for temporary incapacity benefits as a manner to maintain the income of pregnant women, which could also be improved in certain cases by collective agreements. Recalling the terms of its general observation of 1992 under this Convention, in particular paragraph 32, the Committee requests the Government to provide further information on the practical application of this Convention, in particular on the measures taken or envisaged to offer workers concerned, who are not covered by social security legislation or collective agreements, alternative employment or other measures for maintaining their income, and to provide examples of collective agreements containing provisions on such other measures offered.

3. Article 15 and Parts III and V of the report form. The Committee notes the information on the practical application of the Convention. It notes in particular that the number of inspections carried out has increased by 7.7 per cent compared to 2003 and that the number of infringements recorded has decreased since 2000. The Committee encourages the Government to continue to submit all available information, for instance, statistical information on the number of workers exposed to ionizing radiations disaggregated by gender if available, extracts from inspection reports showing the number and nature of infringements observed, copies of any official publications addressing issues related to ionizing radiations, etc.