Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

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

The Committee notes the Government’s latest report as well as the information supplied by the Government in response to its previous comments. It would draw the Government’s attention to the following points.

1. The Committee notes the Government’s indication that the dose limits for workers’ exposure to ionizing radiation remain the same, but that the Council Directive 96/29/Euratom of 13 May 1996, laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations, is currently being introduced into national law through the revision of Real Decree 53/1992 of 24 January 1992 concerning the protection against ionizing radiation. The Committee while noting that the Council Directive 96/29/Euratom of 13 May 1996 is in conformity with the latest recommendations of the International Commission on Radiological Protection (ICRP), hopes that the revision work of Real Decree 53/1992 will be accomplished in a near future and that the revised Decree will entirely reflect the maximum permissible dose limits recommended by the ICRP, in order to give effect to the provisions of Article 3, paragraph 1, Article 6, paragraph 2, and Article 7, paragraph 2, of the Convention. The Committee requests the Government to communicate a copy of the above revised Real Decree once it has been adopted.

2. Article 13. Protection against accidents and in emergency situations. The Committee notes with interest the resolution of 20 October 1999 concerning the information of the population on health protection measures applicable and concerning the conduct in emergency situations related to radiations. Noting that the above resolution only contains provisions regarding the information requirements of the population in emergency situations and with reference to its previous comments, the Committee requests the Government to indicate whether criteria exist justifying the exceptional exposure of workers dealing with accidents or emergency situations. In this respect, the Committee again draws the Government’s attention to the indications contained in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention, and paragraphs V.27 and to V.30 concerning the protection of workers undertaking an intervention of the International Basic Safety Standards of 1994. It requests the Government to indicate the criteria specifying the circumstances in which exceptional exposure is authorized, the measure taken or envisaged to optimize protection during accidents and emergency operations, particularly with regard to the design of the workplace and the equipment and devices at the workplace, and the planning of emergency intervention techniques, the utilization of which, in emergency situation, would make it possible to avoid exposing individuals to ionizing radiations.

3. Article 14. Alternative employment. (a) Accumulated lifetime dose. With regard to the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers having prematurely accumulated their lifetime dose, the Committee notes section 25 of Law 31/1995 of 8 November 1995, as amended, on the prevention of occupational risks, according to which the employer must guarantee the effective protection of workers who are, because of personal qualities or their present physical status, particularly sensitive about the risks deriving out of the work. In addition, workers will not be assigned to a work, in the execution of which they could bring themselves, because of their personal qualities, into dangerous situations. The Committee, considering that the above provisions are of a more general character, requests the Government to indicate whether the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which is detrimental to the worker’s health is considered unacceptable is also covered by the provisions of section 25 of Law 31/1995. If this is not the case, the Committee requests the Government to take the appropriate measures 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 is found to be medically inadvisable, to ensure effective protection of workers, as regards their health and safety, against ionizing radiations, provided for in Article 3, paragraph 1, of the Convention.

(b) Pregnant women. The Committee notes with interest section 26 of Law 31/1995 of 8 November 1995 as amended, on the prevention of occupational risks, providing for the employer’s obligation to adopt the necessary measures depending on the results of the risk assessment, to avoid the exposure of pregnant women to the risks identified. To this effect, the pregnant woman may temporarily change the working place and her functions. However, if the change of the place of duty is technically and objectively not possible, and where it is impossible for safety and health reasons to reinstall the pregnant woman in her previous post, the employment contract might be suspended during the period of pregnancy (Article 45.1(d) of the Workers’ Statutes). In view of this fact, the Committee requests the Government to indicate in which manner the income of the pregnant woman is maintained. In this respect, the Committee wishes to point out that, since the provision of alternative employment or other means to maintain the income of the worker concerned constitutes a general principle of occupational safety and health to ensure effective protection of workers, this principle deserves even more attention with regard to women workers during their pregnancy in order to avoid any possible discrimination based on their pregnancy.