Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - España (Ratificación : 1962)

I. The Committee notes with interest the information provided in the Government's latest report in reply to its previous direct request concerning the application of Article 1 of the Convention and notes, in particular, the adoption of Royal Decree No. 53/1992 of 24 January approving regulations for the protection of health and safety against ionizing radiations.

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 the annual effective dose limit set forth in Annex 2 of Royal Decree No. 53/1992 does not correspond to the revised dose limits indicated in the latest ICRP recommendations, but rather those referred to by the ICRP in 1977 (i.e. 50 mSv per year). The latest ICRP recommendations concerning dose limits for occupational exposure to ionizing radiation (see paragraph 11 of the general observation) set an effective dose limit 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 current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation of 1992 concerning dose limits for pregnant women. It notes that Annex II, section 1.3 of Royal Decree No. 53/1992 provides that the exposure of ionizing radiation to the abdomen of a pregnant woman shall not exceed 10 mSv. It is further indicated in this section that, in general, this limit would mean ensuring working conditions for pregnant women corresponding to those set for occupationally exposed workers in category B (i.e. not likely to be exposed to more than three-tenths of the dose limits set for occupationally exposed workers in Annex II or an annual effective dose no greater than 15 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 current knowledge.

2. Article 7, paragraph 2. The Committee notes that section 11 of Royal Decree No. 53/1992 that apprentices under 16 years of age may, in exceptional circumstances, be exposed to a situation involving a risk of exposure to ionizing radiations, but that the dose limits must not exceed those set for members of the public. The Committee would recall that this Article of the Convention provides that no worker under the age of 16 shall be engaged in work involving ionizing radiations. The Government is requested to indicate the measures taken or envisaged to ensure that no worker under the age of 16 is engaged in radiation work.

3. Article 8. The Committee would recall that this Article of the Convention calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who may remain or pass where they may be exposed to ionizing radiation. It would refer the Government to paragraph 14 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, under Part B of Annex I of Royal Decree No. 53/1992, occupationally exposed workers are defined as those who, because of their work, may be exposed to annual doses of ionizing radiation greater than one-tenth the limit set for workers (i.e. one-tenth of 50 mSv or 5 mSv). It further notes the Government's indication in its latest report that the European Community is preparing a Directive concerning the protection of outside workers exposed to ionizing radiation. The Goverment is requested to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public which, according to the latest ICRP recommendations, should be limited to 1 mSv per year averaged over any five consecutive years.

4. Article 13(d). The Committee requests the Government to indicate whether any circumstances have been specified wherein, due to the nature and/or degree of exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

III. Emergency exposure. The Committee notes that, under section 9, exposure to ionizing radiations greater than the dose limits set in Annex II is justifiable in an emergency situation in order to, inter alia, save a valuable installation. The Government is referred to paragraphs 16 to 27 (limitation of occupational exposure during and after an emergency) of the general observation of 1992 where it indicated that exceptional exposure of workers is justified only where the work is strictly required to meet an acute danger to the life and health of persons. The Government is requested to indicate the steps taken or envisaged in relation to the matters raised in paragraph 35(c).

IV. Alternative employment. The Committee notes that subparagraph 1.4.4 of Annex II of Royal Decree No. 53/1992 provides that the case of a worker exposed to excessive doses of ionizing radiations due to a planned special exposure will not be a reason in itself for excluding the worker from his or her habitual employment. This section further provides that conditions for further exposure in such cases must be submitted to the criteria of an officially recognised medical service. Section 44 of the Royal Decree provides that no worker can be exposed to ionizing radiations when medical evidence would oppose such exposure. In this regard, the Committee refers the Government to paragraphs 28 to 34 of its general observation concerning the provision of alternative employment and requests the Government to indicate whether any measures have been taken or are under consideration so that alternative employment is provided to workers whose continued assignment to work involving exposure to ionizing radiation is medically inadvisable due to an accumulated effective dose so great that detriment considered unacceptable would arise.