Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - Federación de Rusia (Ratificación : 1967)

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.