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The Committee notes with interest the Government’s detailed report concerning national legislation related to protection against radiation, permitting a better evaluation of the application of the Convention in the country. The Committee notes the detailed references to relevant laws, regulations, technical standards and other documents which allow the Committee to conclude the Convention is applied in the Russian Federation, subject to the following:
Emergency exposure situations. With reference to its previous comments, the Committee notes that the Government indicates that, in cases of emergency, exposure to “higher” doses than those fixed by law can be authorized, but only if it is indispensable in order to save lives or to limit exposure to humans. With reference to its 1992 general observation under the Convention, based on the 1994 International Basic Safety Standards, the Committee draws the Government’s attention to its paragraph 17 that the special exposure in an emergency situation “should not exceed twice the relevant annual dose limit specified for workers employed in radiation work and five times this limit over a lifetime”. The Committee requests the Government to specify the dose limits prescribed for exposure of workers in emergency situations.
Article 14 of the Convention. 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 related to this Article and to paragraph 32 of the 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, the Committee reiterates its request to the Government to provide additional information on how section 224 of the Labour Code is applied in practice and hopes that the alternative employment offered is suitable for the workers concerned or that the workers concerned are otherwise able to maintain their income through social security or otherwise.
Part V of the report form. Application in practice and labour inspection. The Committee notes the information provided regarding the comprehensive system for monitoring of the application of national laws and regulations by Rostekhnadzor that has been set up including, inter alia, the monitoring of the exposure of the general public to radiation (ESKID); the system for automated monitoring of the situation related to radiation in the Russian Federation (EGASKRO) and the radiological hygiene passports for enterprises using sources emitting ionizing radiation. Based on data collected in the country, including but not limited to the data collected through the abovementioned monitoring systems, the Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country.
Part VI of the report form. Representative organizations of employers and workers to which copies of the report have been communicated. The Committee also reiterates it request to the Government to indicate the representative organizations of employers and workers to which copies of the report have been communicated, in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.
1. The Committee notes the information contained in the Government’s reports which are mainly limited to listings of numerous pieces of legislation reportedly giving effect to the Convention. In particular, it notes the information in the report of 2004 concerning the adoption of several pieces of legislation in the period 2000‑04, which appear to be directly relevant to the application of the Convention, but which are not available to the Committee. These include, in particular Decrees of the Government of the Russian Federation: on the Approval of the Regulation on the State Accounting and Monitoring of Radioactive Substances and Radioactive Waste in the Russian Federation, No. 962 of 15 December 2000; on the Approval of the Regulation of a State Body Responsible for Nuclear and Radiation Safety during the Transportation of Nuclear Materials, Radioactive Substances and Products Derived therefrom, No. 204 of 19 March 2001; on the Approval of the Regulation on the Federal Supervision of Russia on Nuclear and Radiation Safety, No. 265 of 22 April 2002; and on the Approval of the Regulation on the Licensing of Activities involving the Use of Sources of Ionizing Radiation, No. 107 of 25 February 2004. In order to enable the Committee to make an appropriate assessment of the relevance of this legislation for the effect given to the Convention in the country, the Committee requests the Government to provide copies, with its next report, of all relevant legislative texts.
2. Emergency exposure situations. With reference to its previous comments, the Committee notes that the Government’s reports are silent as regards the Committee’s specific comments and long-standing query concerning emergency exposure situations based, inter alia, on the explanations given in paragraphs 16‑27 and 35(c) of its 1992 general observation under the Convention and in light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards. The Committee urges the Government to provide specific information on the measures taken or contemplated in relation to emergency situations, in particular with respect to measures to ensure that exceptional exposure of workers in an emergency is strictly limited in scope and duration to what is required to meet an acute danger to life and health; to preclude situations wherein workers or other volunteers may be exposed to radiation for the purpose of rescuing items of material value during emergency situations; and to ensure the necessary investments in robotized or other techniques of intervention aimed at minimizing the exposure of workers.
3. Article 14 of the Convention. 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 in this respect, and 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, the Committee notes, with interest, that section 224 of the Labour Code provides that employers are required to comply with restrictions for individual categories of employees engaged in hard work and work in hazardous labour conditions and which call for a transfer of employees to lighter work with appropriate payment, if, based on a medical finding, their state of health so requires. With reference 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, the Committee requests the Government to provide additional information on how section 224 of the Labour Code is applied in practice, and hopes that the alternative employment offered is suitable for the workers concerned or that the workers concerned are able to maintain their income through social security or otherwise.
4. Part V of the report form. Application in practice and labour inspection. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.
The Committee notes with interest the information provided by the Government in its report that the Russian National Committee on Radiation Safety is preparing new Radiation Safety Standards and basic Health Rules that take into account the 1990 Recommendations of the International Commission on Radiation Protection (ICRP Publication No. 60). Referring also to its 1992 General Observation on the Convention, the Committee hopes that the Government will soon be in a position to supply information on the provisions adopted that fully apply the Convention and are consistent with the dose limits set out in the above Recommendations of the ICRP and the 1994 International Basic Safety Standards. The Committee notes the Government's indication that it anticipates a transitional period with respect to the enforcement of the new measures, the duration of which the Committee hopes will be kept to a minimum.
2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 General Observations under the Convention and in light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on the measures taken or contemplated in relation to emergency situations, in particular with respect to measures to ensure that exceptional exposure of workers in an emergency is strictly limited in scope and duration to what is required to meet an acute danger to life and health; to preclude situations wherein workers or other volunteers may be exposed to radiation for the purpose of rescuing items of material value during emergency situations; and to ensure the necessary investments in robotized or other techniques of intervention aimed at minimizing the exposure of workers.
3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.
[The Government is asked to report in detail in 1997.]
The Committee notes the information supplied in the Government's latest report indicating that the substantive revision (after the consequences of the Chernobyl atomic station) of the Fundamental Sanitary Rules for Work with Radioactive Substances and Other Sources of Ionising Radiation (OSP-73/80) and of the Standards of Radiation Safety (NRB-76) is being concluded and that, following the results of this work and the adoption of the texts, the documents will be sent immediately to the Office. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60), and also deals with the limitation of occupational exposure during and after an emergency. The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.
The Committee notes from the Government's last report that the requirements and standards contained in the Fundamental Sanitary Rules for Work with Radioactive Substances and Other Sources of Ionising Radiation (OSP-72/80) and the Standards of Radiation Safety (NRB-76) were taken into account in the implementation of measures to ensure the safety of personnel engaged in the various types of work to eliminate the effects of the accident at the Chernobyl atomic power station.
The Committee further notes that the USSR Ministry of Health is planning to elaborate an updated edition of the Standards of Radiation Safety (NRB-76). In this regard, the Committee refers to its general observation on the application of the Convention. It hopes that the next report will contain the information requested in this observation and will indicate the progress made in the adoption of a new edition of NRB-76.