Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 12 August 2014, and of the General Union of Workers (UGT), received on 29 August, and the Government’s comments in this respect.

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. Measures taken in light of current knowledge. Protection of pregnant and breastfeeding workers. The Committee notes the observation of the UGT that Spanish legislation provides for the protection of pregnant and breastfeeding workers against ionizing radiation, but does not provide the same protection for workers before the confirmation of pregnancy, which could cause miscarriages. In this regard, the Government refers to the Regulations on the protection of health against ionizing radiation, adopted by Royal Decree No. 783/2001, section 10 of which provides for the protection of workers during pregnancy and the breastfeeding period similar to that of members of the public. The Government also emphasizes that the Convention does not explicitly refer to pregnant workers or to protection during the early stages of pregnancy. In this respect, the Committee wishes to draw the attention of the Government and the UGT to paragraphs 12 and 33 of the 2015 general observation, according to which methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public. The same principle applies to breastfeeding workers. The Committee requests the Government to continue providing information on the manner in which it ensures the application of the Convention with regard to pregnant and breastfeeding workers.

Article 15. Appropriate inspection services and application in practice. The Committee notes the notification between 2007 and 2012 of 32 cases of occupational disease caused by ionizing radiation, and the economic activities in which the cases were recorded. The Committee also notes the observations of the UGT, indicating that in 2013 there were three cases of occupational disease and 51 accidents due to the effects of non-thermal radiation, and the UGT emphasizes that greater control and supervision by the labour inspectorate is necessary for enterprises working with ionizing radiation. The Committee requests the Government to provide information on any measures adopted or envisaged to strengthen supervision of the application of the Convention, and to continue providing information on the application of the Convention in practice.