Radiation Protection Convention, 1960 (No. 115) - Germany (Ratification: 1973)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 170 (chemicals), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that it regularly assesses, with the involvement of the social partners, whether additional ILO conventions can be ratified. The Government indicates that the pre-ratification assessment process for the Safety and Health in Agriculture Convention, 2001 (No. 184) was concluded with a positive result, and the Convention was ratified in June 2024. The Government further indicates that the assessment process for the Occupational Safety and Health Convention, 1981 (No. 155) has not yet been concluded. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify OSH Conventions, in consultation with the social partners.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In its previous comments, the Committee requested the Government to provide information on measures taken in practice in enterprises employing less than 20 workers to promote cooperation on OSH matters. In this respect, the Government indicates that the New Quality of Work Initiative assists micro and small enterprises in establishing a sustainable, human-focused corporate culture through offering practical knowledge, advice, self-assessments, networking opportunities and project support. The Committee requests the Government to indicate in particular the measures taken to promote cooperation between employers and workers on OSH matters in such enterprises, including in the context of the New Quality of Work Initiative.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. In reply to Committee’s previous comments, the Government indicates that in order to enhance OSH support for micro and small enterprises, the Federal Ministry for Labour and Social Affairs launched an expert dialogue with accident insurance institutions, and, in this context, four collaborative events were held since 2022, that produced proposals for improved OSH support for micro and small enterprises. In this respect, the Government refers to an approach called “alternative support”, which will be implemented from autumn 2024, and which includes training business owners on their OSH responsibilities, enabling them to manage these independently or with professional advice. Furthermore, the Committee notes that the German Social Accident Insurance (DGUV) is working with various stakeholders to update the accident prevention regulations entitled “Occupational Physicians and OSH Professionals” (DGUV Regulation 2) to enhance OSH for both small and large businesses, with the new regulation expected to be in force by spring 2025. The Committee requests the Government to provide information on the progress made in the revision of the DGUV Regulation 2 and to provide a copy once it has been adopted. The Committee once again requests the Government to provide information on support mechanisms for the progressive improvement of OSH conditions in the informal economy, if any.

Article 5(1) and (2)(c) of the Convention. Continuous improvement of OSH. Formulation, implementation, monitoring, evaluation and periodical review of the national programme on OSH. Consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government concerning the positive outcomes of the evaluation of the Joint German Occupational Safety and Health Strategy (GDA) for the period 2013–18, which demonstrated strengthened OSH compliance, particularly within small and medium-sized enterprises. The Government indicates that companies familiar with GDA guidelines were 11 per cent more likely to conduct risk assessments compared to those that were not, and further reports notable successes in specific GDA work programmes. In this respect, the Committee takes note of the new Joint German Occupational Safety and Health Strategy for the period 2021–25, that emphasises the strategic goal of making work safe and healthy through prevention with the help of risk assessment. It focuses on three core topics: musculoskeletal disorders, mental stress, and exposure to carcinogenic substances. The Government indicates that there are also work programmes that correspond to the three core topics, targeting a broad range of stakeholders, including employers, managers, workplace safety professionals, physicians, and workers’ representatives. In this respect, the Committee notes the Government’s indication that it aims to increase the number of workplaces implementing effective risk assessments and OSH structures through coordinated regulatory practices, focusing on supporting small and medium-sized enterprises, with plans for approximately 200,000 workplace inspections and system audits. The Committee requests the Government to provide information on the evaluation of the GDA for the period 2021–25, including the progress achieved as regards the three abovementioned core topics and the application of the related work programmes.

Occupational Health Services Convention, 1985 (No. 161)

Article 5 of the Convention. The functions of occupational health services. The Committee notes that the DGUV Regulation 2, which includes detailed provisions on the scope of the supervision by Occupational Physicians and OSH Professionals, is currently being revised, with the aim to create a future-orientated occupational medicine and safety technology structure, for both larger and smaller firms. The Committee requests the Government to continue to provide information regarding relevant developments.

Application in practice. With reference to its previous comments regarding the shortfall in occupational health physicians, the Government indicates that, the Committee on Occupational Medicine at the Federal Ministry of Labour and Social Affairs determined in 2022 that, contrary to the pessimistic predictions based on data prior to 2011, the situation regarding young professionals in occupational medicine has improved steadily over the past few years. The Government also indicates that, in 2021, a working group set up by the German Medical Association concluded that, at the end of 2019, approximately 9,100 doctors were available. Nevertheless, the Committee notes that the Government indicates that the lack of qualified personnel in the field of occupational medicine remains an issue, and, in this context, the Federal Ministry of Labour and Social Affairs supports the Occupational Medicine Action Alliance which aims to encourage young occupational physicians and to attract more medical practitioners to occupational medicine. The Committee requests the Government to continue to provide information on the measures taken or envisaged to strengthen the application in practice of the Convention, including through addressing the shortage in occupational health physicians. It requests the Government to continue to provide information on evaluations regarding the availability of occupational health services.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1 and 3(1) of the Convention. Legislation giving effect to the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Government indicates that a comprehensive revision of the radiation protection legislation was carried out which aimed of transposing the European Council Directive 2013/59/EURATOM into national legislation. In this respect, the Committee notes the adoption of the new Radiation Protection Act and the new Radiation Protection Ordinance in 2017, which give effect to most of the provisions of the Convention. The Government indicates that the Act advanced the radiation protection requirements in accordance with European law and aligned them with current scientific and technological advances. In this respect, the Committee notes with interest that section 78(2) of the Act provides for dose limits for occupationally exposed persons per calendar year, which are consistent with the dose limits set out in the 2015 General Observation. The Committee takes note of this information which addresses its previous request.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. It also noted the Government’s indication that if a worker discontinues work because there is a risk due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. In this respect the Government indicates that, under certain conditions, according to section 3 of the Occupational Diseases Ordinance, insured persons who refrain from performing hazardous activities because the hazard persists can claim transitional benefits from the accident insurance institutions to compensate for any reduction in earnings or other economic disadvantages incurred as a result. The Committee further notes that neither the Radiation Protection Act nor the Radiation Protection Ordinance include specific provisions that require employers to offer alternative roles or maintain income levels in the event that a worker must cease radiation-related duties due to health concerns after medical advice. Recalling that the Committee indicated in paragraph 40 of its general observation of 2015 on the Convention that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that the workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure, it requests the Government to provide information on any measures taken or envisaged in this regard. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code and section 3 of the Occupational Diseases Ordinance to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations, including the circumstances under which these provisions apply and the conditions that must be met for such workers to receive compensation.

Asbestos Convention, 1986 (No. 162)

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government on the number and type of occupational diseases registered as being caused by asbestos and the number of workers in Germany exposed to asbestos in 2022, as well as the measures taken to reduce these numbers. In this respect, it notes that as of 31 December 2022, a total of 710,924 persons were registered as being currently or previously exposed to asbestos, 679,594 had job-related exposure to dust containing asbestos and 333 persons were registered for post-exposure examinations and 225,232 persons for further preventive health screenings. The Committee notes that, in 2022, from the 2,164 deaths of insured persons as a result of an occupational disease, 1,350 (62.4 per cent) were due to exposure to dust containing asbestos. The Government indicates that it is continuing the consistent implementation of the European Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work and is currently in the process of amending the Hazardous Substances Ordinance. Noting that asbestos remains a leading cause of occupational disease-related deaths in Germany, the Committee requests the Government to continue to provide information on the application of the Convention in practice including on the number and nature of occupational diseases reported as being caused by asbestos and the number of workers being exposed to asbestos. The Committee requests the Government to provide information on the progress made in the revision of the Ordinance on Hazardous Substances and to provide a copy once it has been adopted.

Chemicals Convention, 1990 (No. 170)

Article 12(d) of the Convention. Keeping of records of monitoring of the working environment and of exposure. With reference to its previous request concerning the time period for which records of the exposure of workers must be kept, the Committee notes that according to section 14(3) points 3, 4, 6 and 7 of the Hazardous Substances Ordinance, employers are required to ensure that the records of the monitoring of the working environment and of the exposure of workers who carry out activities that involve hazardous substances are kept for a period of 40 years and are accessible to the workers and their representatives. The Committee takes note of this information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 3, 4 and 13 of the Convention. Consultation of the most representative organizations of employers and workers. Adoption of laws or regulations on the basis of a risk assessment. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes the Government’s indication that seven national OSH committees, established under the OSH Act and its Ordinances, advise the Federal Ministry of Labour and Social Affairs on issues related to OSH and contribute to the development of regulations that help implement national OSH laws. The Committee notes that these committees include representatives from national authorities, statutory health insurance institutions, the scientific community, trade unions, and employers’ associations. Taking due note of the information provided by the Government, the Committee requests the Government to provide further information on the consultations held regarding occupational safety and health in the construction sector, including within the national OSH Committees.

Article 35(b). Provision of appropriate labour inspection services. The Committee notes the Government’s indication that section 21 of the OSH Act was amended in 2021 to ensure that, in selecting companies to be inspected, the inspecting authorities must take into account the nature and extent of the potential occupational hazards. According to the Government, workplaces in the construction sector are to be monitored accordingly. The Committee requests the Government to provide information on how section 21(1) of the OSH Act is applied in practice, in order to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises. It requests the Government to provide information on the number of labour inspections conducted in the construction sector.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5 and 16 of the Convention. Statistics on occupational accidents and diseases and compliance with OSH legislation in mining. The Committee takes notes of the statistical information provided in the labour inspection reports for 2020, 2021 and 2022 regarding the number of occupational accidents and diseases in the mining sector, disaggregated by sex. Regarding the accidents, the Committee notes that although the fatality rate remains low (3 fatalities occurred in 2022), the number of accidents increased from 1,438 in 2020 to 1,507 in 2022. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of occupational accidents and diseases recorded in the mining sector and to indicate the reasons for the increase in occupational accidents from 2020 to 2022.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 3(1) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Committee notes the Government’s statement in its report that, to implement the new Council Directive 2013/59/EURATOM, it is developing a new Radiation Protection Act that will fundamentally restructure regulation of this field. The Committee encourages the Government, in the process of developing a new Radiation Protection Act, to take into consideration the indications contained in the general observation of 2015. It requests the Government to provide a copy of the new Act, once adopted.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. In this regard, the Committee notes the Government’s statement that section 241(2) covers situations before an illness has been declared, but after it has been determined that it is medically inadvisable for workers to remain in the workplace. The Government indicates that if a worker discontinues work because there is a risk, due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the references made to section 241, paragraph 2, of the German Civil Code, providing that the employer has to respect the rights and legally protected interests of the employee, and may therefore be obliged to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. The Committee also notes that a right to continued employment is not included in the Radiation Protection and X-ray Ordinance. If there is not a suitable position available to which the worker can be reassiged, the employer may dismiss a worker subjected to exposure, taking due account of the legal notice periods. Entitlements to social insurance benefits will be determined according to the social insurance scheme as set out under the Social Code Book. The Committee notes that these entitlements seem predicated, inter alia, on the determination of a reduction of the earning capacity. The Committee also notes the information that if the incapacity is due to a work-related accident or an occupational illness, statutory accident insurance benefits also apply as a matter of principle. The Committee further notes that the Maternity Protection Act imposes general employment restrictions applicable to all pregnant and breastfeeding women regardless of their personal health status or physical condition and that women who, on the basis of the Maternity Protection Act must stop working, either partially or completely, are entitled to continued payment of their usual average wages. With reference to the foregoing and its previous comments, the Committee would, however, again like to draw the Government’s attention to the fact that as noted in paragraph 32 of the 1992 general observation under the Convention also relates to situations before any occupational disease has been declared, but after a determination that continued assignment to work involving exposure to ionizing radiations has been found to be medically inadvisable. In these cases, as paragraph 32 indicates 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. The Committee requests the Government to clarify whether the referenced statutory provisions regarding alternative employment and the right to social insurance benefits also cover situations before an illness has been declared, but after it has been determined that it is medically inadvisable for workers to continue their work due to exposure to ionizing radiation.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Further to its observation on this Convention, the Committee notes the information contained in the Government’s report regarding Article 14 of the Convention. The Committee notes that, in reply to its previous comments on the application of this Article, the Government has indicated that, following an examination of the collective agreements register, no collective agreements were found, including provisions requiring the employer to provide alternative employment for workers who cannot continue to be employed in radiation work on medical grounds, but that the right to such alternative employment may be provided for in an individual work contract. It also notes the Government’s statement that, while neither the Radiation Protection Ordinance nor the X-Ray Ordinance at present require the employer to provide alternative employment for workers who cannot continue to be employed in radiation work on medical grounds, there are no obstacles under general labour law to regulate this issue therein. The Committee further notes that the Government emphasizes that the principle of prevention is given prime importance in the Occupational Safety and Health Act of 7 August 1996 and that, based on the principle of proportionality, the employer has the duty first to take all relevant occupational safety and health measures on a technical and organizational level and that only subsidiary thereto can an individual employment ban be justified. With regard to the effect of such an employment ban, the Committee wishes to recall its general observation of 1992 under the Convention in which it was pointed out, in paragraph 32, that every effort must be made to provide the workers concerned with suitable alternative employment or maintain their income through social security measures or otherwise, where continued assignment to work involving exposure is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to provide additional information on the application of this Article in practice including on efforts made to provide workers subject to an employment ban pursuant to this Article with suitable alternative employment or to offer them other means to maintain their income as indicated in the general observation of 1992 under this Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s most recent report and notes with satisfaction that, according to the information submitted in reply to its previous comments regarding Article 13, Occupational exposure during an emergency, the Government has applied effectively, in law and in practice, this Article of the Convention.

The Committee is addressing a request directly to the Government on another point.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report. Further to its observation, the Committee would draw the Government’s attention to the following points.

1. Article 13. Occupational exposure during an emergency. The Committee notes that the provisions of the Radiation Protection Ordinance 2001, as well as the X Ray Ordinance 2001, prescribe various measures to be taken and procedures to be followed in emergency situations. However, none of the Ordinances contains a provision establishing criteria for defining the circumstances in which a relaxation of the normal exposure limits established may be tolerated. The Committee therefore would request the Government to specify the circumstances in which exceptional exposure of workers may be authorized. In this regard, it would draw the Government’s attention to the matters raised in item 35(c)(iii) of the conclusions to the Committee’s 1992 general observation under the Convention according to which a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve excessive expense.

2. Article 14. Alternative employment. The Committee notes that pursuant to section 63, subsection 3, of the Radiation Protection Ordinance, as amended on 20 July 2001, and section 40, subsection 2, of the X-Ray Ordinance, as amended on 1 August 2001, no worker may be employed or may continue to be employed in radiation work contrary to medical advice. In this case, the competent authority orders that radiation work is to be discontinued or may only be performed under certain conditions to be determined. The Committee, however, observes that none of the above Ordinances provides for alternative employment to be offered to workers which are forced to give up their established occupation on legitimate health grounds. In this regard, the Committee recalls that the Government had indicated in its previous report covering the period from 1990 to 1994 that employment contracts or collective agreements may contain provisions relating to the continuity of employment or to the training opportunities designed to enable workers to be reclassified. Moreover, the Government had indicated that the issue of alternative employment would be dealt with as a part of the review of the Framework Act on Labour Protection. The Committee accordingly requests the Government to indicate, in its next report, any collective agreements including provisions for work with ionizing radiations under which the employer is required to provide alternative employment which does not involve exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, and to transmit copies of such collective agreements. It further requests the Government to provide information on the progress made in the review of the Framework Act on Labour Protection. The Committee would finally draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide 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 information in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its previous comments, the Committee notes with satisfaction the revision of the Atomic Law, the Ordinance on Radiation Protection and the X-Ray Ordinance, which incorporate into national law the dose limits recommended in 1990 by the International Commission on Radiological Protection (ICRP) and thus applying Article 3, paragraph 1, and Article 6, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its last report covering the period from 1990 to 1994.

1. In its previous direct request, the Committee drew the Government's attention to the new dose limits for exposure adopted, in 1990, by the International Commission on Radiological Protection (ICRP), on the basis of new physiological findings. The Committee notes that in its last report the Government indicates that in the light of the recommendations made by the ICRP in 1990, a review of the whole of the Radiation Protection Ordinance is envisaged. In addition, the Government specifies that the dose limits recommended by the ICRP will be incorporated into national law once the European directive designed to harmonize the measures relating to radiation protection has been adopted. Recalling once again that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention refer to "knowledge available at the time" and "current knowledge", the Committee hopes that the Government will soon be able to provide details of the adoption of new dose limits, in accordance with the recommendations adopted in 1990 by the ICRP and reiterated in 1994 in the International Basic Safety Standards jointly sponsored by the IAEA, WHO, ILO and three other international organizations. The Committee requests the Government to specify the new dose limits applicable, on the one hand to workers directly engaged in radiation work, on the other hand to pregnant women workers, and finally to the workers covered in Article 8 who, without being directly engaged in radiation work, are likely to be exposed to radiation. The Government is also requested to provide a copy of the text of the revised Radiation Protection Ordinance as soon as it has been adopted.

2. The Committee notes the information provided by the Government on the measures relating to emergency situations. It asks the Government to provide additional information on the circumstances in which the exceptional exposure of workers may be authorized and on the measures designed to make protection against accidents and during emergency operations as effective as possible, in particular with regard to the design and protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiation to be avoided.

3. The Committee notes that in reply to its previous direct request, the Government indicates that neither the X-Ray Protection Ordinance of 1988 nor the Radiation Protection Ordinance of 1989 provides for the possibility of offering alternative employment to workers who have absorbed an effective dose of over 400 mSv or who, for medical reasons, have been advised not to continue to engage in employment likely to involve exposure to radiation. Employment contracts or collective agreements may contain provisions relating to the continuity of employment or to the training opportunities designed to enable workers to be reclassified. In addition, the Government specifies that the issue of the continuity of workers' employment, the pursuit of the activities of which would lead to a violation of the provisions relating to labour protection, does not concern only the area of radiation protection but constitutes a general problem of labour law, the solution to which largely depends on the circumstances specific to each enterprise and which, consequently, cannot be resolved by legislative means in a general uniform manner. In this regard, the Committee notes the information provided by the Government to the effect that the issue of alternative employment will be dealt with as part of the review of the Framework Act on Labour Protection. The Committee requests the Government to furnish information on the progress made in the review and to provide copies of any texts adopted in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

I. The Committee notes the information provided in the Government's latest report and the directives provided in reply to its previous direct request. It further notes the adoption of the Ordinance concerning protection from injury by X-rays of 8 January 1988 and the Ordinance on the Protection against Damages and Injuries Caused by Ionizing Radiation (Radiation Protection Ordinance) promulgated on 30 June 1989 and corrected on 16 October 1989.

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1 and Article 6, paragraph 2

(a) The Committee notes that section 49 of the Radiation Protection Ordinance sets forth dose limits for occupationally exposed persons equivalent to the recommendations made by the International Commission on Radiological Protection (ICRP) in 1977 (i.e. 50 mSv per year for occupationally exposed persons in category A). Paragraph 11 of the general observation under this Convention for 1992 sets forth the latest ICRP dose limits for occupational exposure to ionizing radiation. The ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in the light of the current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation concerning dose limits for pregnant women. It notes that section 56(1) of the Radiation Protection Ordinance provides that steps shall be taken to assure that pregnant women do not stay in restricted access areas (i.e. areas where the effective dose received of ionizing radiations may exceed 15 mSv). Furthermore, section 49(3) provides that the body dose accumulated at the uterus over one month for women of childbearing age shall not exceed 5 mSv. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women in the light of the current knowledge as reflected in the latest ICRP recommendations.

2. Article 8. The Committee would refer the Government to paragraph 14 of the general observation which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (1 mSv per year averaged over any five consecutive years). The Committee notes that section 51 of the Radiation Protection Ordinance provides that the effective dose for persons who are not occupationally exposed shall not exceed 5 mSv per year. The Goverment is requested to indicate, in its next report, the steps taken or envisaged to revise the effective dose limit for non-radiation workers in the light of current knowledge.

III. The Committee would refer the Government to paragraphs 28 to 34 of its general observation for 1992 concerning the provision of alternative employment. It notes that section 49 of the Radiation Protection Ordinance provides that the sum of the effective doses of occupationally exposed persons determined in all calendar years shall not exceed 400 mSv. Furthermore, section 67(2) provides that an occupationally exposed person may continue to be employed in work involving exposure to ionizing radiations only if an authorised physician has indicated that there are no medical objections to such person's continued employment. The Government is requested to indicate whether there are any provisions in law or practice to ensure the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose greater than 400 mSv or for whom it is medically inadvisable, due to previous exposure, to continue in work involving exposure to ionizing radiations.

IV. Finally, the Government is referred to paragraphs 3 to 7 and 16 to 27 of the 1992 general observation and requested to indicate the steps taken or under consideration in relation to the optimization of protection and the protection against accidents and emergencies raised under paragraph 35(a) and paragraph 35(c) of the conclusions.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information contained in the Government's last report, particularly the list of directives concerning radiation protection which have recently been published. The Committee requests the Government to supply copies of these directives.

The Committee would also be grateful if the Government would supply a copy of the amendment to the X-ray Order which was mentioned in the report, upon its adoption.