Radiation Protection Convention, 1960 (No. 115) - Belarus (RATIFICATION: 1968)

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General observation of 2015. The Committee wishes 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 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the indication of the Government in its report according to which, pursuant to the Sanitary Regulations on the Radiation Safety Requirements for Personnel and the Public when using Atomic Energy and Sources of Ionising Radiation (Ministry of Health Decision No. 137 of 31 December 2013), the safety of personnel is ensured by the restriction of work clearances according to age, sex, health status and existing exposure; the observance of regulatory standards on basic dose limits, dose constraints and benchmarks; and the implementation of measures to protect workers when planning for increased exposure in the event of danger or an accident. The Government also indicates that pursuant to chapter 26 of the Sanitary Regulations and Hygiene Standards concerning the Health Requirements for the Development and Exploitation of Atomic Power Stations (Ministry of Health Decision No. 39 of 31 March 2010), clearance to work is determined on an individual basis during periodic medical examinations. Under paragraph 427 of Decision No. 39, if a decline in health is detected, the worker is prevented from continuing work with sources of exposure, and the decision to transfer the worker to a post that does not involve contact with ionising radiation, temporarily or permanently, is made on an individual basis, taking into account the sanitary nature of the working conditions, the persistence and severity of the revealed pathology and social issues. Noting that under the Ministry of Health Decision No. 39 of 31 March 2010, clearance to work is determined during periodic medical examinations, the Committee requests the Government to specify if such medical examinations allow to determine that it is medically inadvisable for a worker to be assigned to work involving exposure to ionising radiations, also in situations before a decline in health is detected.

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Legislation. The Committee notes that the Act of Belarus on Radiation Safety of Population of 5 January 1998 was amended by the Chamber of Representatives of the National Assembly of the Republic of Belarus on 6 November 2008. The new version of the Act was complemented with provisions concerning powers of various state bodies in ensuring radiation safety, radiation safety in cross border transportation of sources of ionizing radiation, and with Chapter IV-1 which is dedicated to ensuring radiation safety in dealing with radioactive waste. The Committee notes with interest that those amendments to the Radiation Safety Act are in conformity with the provisions of the Convention, in particular with Article 3(1) (Appropriate steps to ensure effective protection of workers against ionizing radiations); Article 6(2) (To keep under constant review the maximum permissible doses of ionizing radiations in the light of current knowledge); and Article 7(2) (Prohibition to engage workers under the age of 16 in work involving ionizing radiations) of the Convention.

Article 8. Appropriate levels for workers who are not directly engaged in radiation work. The Committee notes that under section 8 of the Act of Belarus on Radiation Safety of Population of 5 January 1998 for the general public the established average annual cumulative dose limit is 1 mSv or a cumulative dose for a life-long period (70 years) is 70 mSv. In individual years a higher cumulative dose is admissible, provided that the average annual effective dose calculated for the period of five consecutive years does not exceed 1 mSv. According to the 1992 general observation of the Committee on the application of the Convention, as well as section 5.4.5 of the ILO Code of Practice of 1986, the dose limits for workers not engaged in radiation work should be the same as those applied to members of the public, specifically 1 mSv per year, averaged over any five consecutive years, taking into account also higher previous exposure. The Committee therefore considers that effect has been given to Article 8 of the Convention.

Article 13. Emergency situations. The Committee notes the information provided by the Government in reply to the previous direct request about measures to suspend authorisations for certain practices or the use of unsafe equipment. The Committee notes the information provided by the Government that state supervision in the field of nuclear and radiation safety is exercised by the Department of Nuclear and Radiation Safety (Gosatomnadzor), which is a structural unit of the Ministry of Emergency Situations of Belarus. The Committee also notes that the Government has indicated that in the event of detecting equipment which does not comply with the technical requirements relating to radiation safety, Gosatomnadzor may order the shutdown of the equipment. In relation to these points the Committee notes that in accordance with section 5.1 of the Regulations on state supervision in the sphere of nuclear and radiation safety, approved by the Decree of the Belarus Council of Ministers of 31 December 2008, No 2056, in exercising state supervision, Gosatomnadzor carries out inspections of compliance by those subject to supervision with the nuclear and radiation safety requirements, organization of accident preparedness and response. According to section 5.12 of the same Regulations on detecting infringements of the normal operation of hazardous radiation objects or violation of legal and technical standards of nuclear and radiation safety, which might give rise or have given rise to loss of control of sources of radiation, Gosatomnadzor may decide on the complete or partial suspension of activities involving the use of sources of ionising radiation, and the use of hazardous radiation objects. In addition, section 8.5 of the Regulations on the Department of nuclear and radiation safety of the Ministry of Emergency Situations of Belarus approved by the Decree of the President of Belarus No. 565 of 12 November 2007, sets forth that Gosatomnadzor has the right to issue binding orders requiring elimination of detected violations in the field of nuclear and radiation safety, including full or partial suspension of the activity of using nuclear energy, of dealing with sources of ionising radiation and of operating objects of dealing with radioactive waste until the established violations are eliminated. The Committee notes that the information provided indicates that effect has been given to Article 13 of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that according to section 295 of the Basic Sanitary Rules for Ensuring Radiation Safety OSP-2002, approved by Decree No. 6 of 22 February 2002 of the Chief State Medical Officer of Belarus, in cases of the detection of deviations (abnormalities) in the state of the health of workers (staff members), which do not permit their continuation at work with sources of radiation, the question of temporary or permanent transfer of these individuals into work not in contact with ionizing radiation is decided individually in every particular case, taking into account the characteristics of the sanitary and hygienic conditions of work, persistence and severity of the revealed pathology, and social issues. Against this background the Committee would like to recall that this provision of the Convention also refers to situations before any illness or abnormalities may have been detected, such as when past exposure renders it medically inadvisable to expose workers to further radiation in course of their work. The Committee reiterates its request to the Government to provide further detailed information on measures taken to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionising radiations contrary to qualified medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

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1. The Committee notes the information provided by the Government in reply to the previous direct request, as well as the legal and regulatory texts supplied with the report. With reference to its previous comments the Committee notes that the Radiation Safety Standards (HPБ-2000), appended to the Government’s report, give effect to Article 3, paragraph 1, Article 6, paragraph 2, and Article 7, paragraph 2, of the Convention.

2. The Committee notes the Government’s indication in the report that the Law of the Republic of Belarus "On the radiation security of the population", as adopted in 1998, has become obsolete in some of its provisions. The proposed amendments to the said Law have been drafted and have been adopted (at the first reading) by the Chamber of Representatives of the National Assembly of the Republic of Belarus. The Committee hopes that the amendments in question, after adoption, will give due effect to the provisions of the Convention to which it referred to in its previous comments.

3. Article 8. Level of exposure of workers not engaged in radiation work. The Committee notes the Government’s indication in an earlier report that the established dose limit for non-radiation workers is 5 mSv per year, under the condition that in the following five years the effective dose does not exceed 1 mSv. The dose limit provided in the most recent recommendations adopted in 1990 by the International Commission on Radiological Protection (ICRP) - referred to in its 1992 general observation under this Convention - is 1 mSv per year, averaged over five consecutive years. The Committee accordingly invites the Government to revise the dose limit for non-radiation workers in the light of the above recommendations of the ICRP.

4. Article 13. Emergency exposure. The Committee takes note of the Government’s indication concerning the role of the Department for Supervision of Industrial and Nuclear Safety of the Ministry for Emergency Situations as administrator of the state policy of radiation security. The Committee notes a description of tasks of the Department for Supervision and Regulation of Nuclear and Radiation Security of the same Ministry among which are the following: the supervision of hazardous nuclear and radiation facilities; the analysis of nuclear and radiation safety in the country; the preparation and implementation of steps to improve radiation safety levels; administration of the state system for registering and monitoring sources of ionizing radiation; overseeing the administration of the state system for registering and monitoring nuclear materials; conducting expert examinations of hazardous radiation equipment. The Committee requests the Government to indicate whether and to what extent measures have been taken to review and possibly suspend authorizations granted for certain practices or the use of specific equipment which, following an accident, have been found unsafe.

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The Committee takes note of the Government’s last report as well as of the information communicated by the Government in response to its comments. It draws the Government’s attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes article 3 of the Law on the Radiation Safety of the Population of 5 January 1998, as amended, prescribing the principle of standard setting as a basic principle for ensuring radiation safety. According to article 8 of this Law, standard setting is to be carried out through the adoption of sanitary rules, standards, hygienic regulations, radiation safety rules, state standards, building codes and rules, labour protection regulations, administrative documents, instructions, methodological and other instruments on radiation safety. In this respect, the Committee notes the Government’s indication that the Standards of Radiological Safety of 25 January 2000 (SRS-2000) provide for irradiation dose limits for workers, which are in compliance with the 1990 Recommendations of the International Commission on Radiological Protection (ICRP). In absence of the text of the Standards of Radiological Safety 2000 (SRS-2000), the Committee requests the Government to supply a copy for in-depth examination.

2. Article 7, paragraph 2. As concerns the permissible exposure levels to ionizing radiation for workers under the age of 18, the Government refers to paragraph 25 of SRS-2000 prescribing dose limits for students and pupils over 16 years of age who are engaged in vocational training involving their exposure to ionizing radiations. Pursuant to paragraph 25, the annual dose should not exceed one-fourth of the fixed values for persons who are engaged in work involving ionizing radiations. The Committee notes that article 8 of the Law on the Radiation Safety of the Population of 5 January 1998, as amended, establishes an annual dose limit of 20 mSv per year, averaged over five years, with the further provision that the effective dose should not exceed 50 mSv in any single year. Hence, the dose limits fixed for workers between 16 and 18 years of age comply with the dose limits recommended by the ICRP, and would thus give effect to this Article of the Convention. The Committee requests the Government to communicate a copy of it to examine the dose limits established therein.

3. Article 8. The Committee notes the Government’s indication that the established dose limit for non-radiation workers is 5 mSv per year, under the condition that in the following five years the effective dose would not exceed 1 mSv. In this respect, the Committee draws the Government’s attention to paragraph 14 of its 1992 general observation under the Convention where it is explained that the ICRP considered in the past that it was permissible to use a subsidiary dose limit of 5 mSv in a year for some years, provided that the average annual dose equivalent over a lifetime did not exceed the principal limit of 1 mSv in a year. Now, the dose limit given by the ICRP is 1 mSv per year, averaged over five consecutive years. The Committee accordingly invites the Government to revise the dose limit for non-radiation workers in the light of the above recommendations of the ICRP to which the Committee refers in its 1992 general observation under the Convention.

4. Article 13 (emergency exposure). Further to its previous comments and with regard to the specific protection measures to be taken against accidents and emergencies which are raised in item 35(c) in its conclusions to the general observation under the Convention of 1992, the Committee notes article 9, paragraph 1, of the Law on the Radiation Safety of the Population of 5 January 1998, as amended, requiring prior authorization before taking up any practical activity involving ionizing radiations. Article 10, paragraph 2, of the above Law entitles the officials, who are in charge of exercising technical control over the process of ensuring radiation safety, to suspend the works involving ionizing radiation in the case of the detection of violations of legal or administrative standards on radiation protection. The Committee, referring in particular to item 35(c)(i) of its conclusions to the general observation, requests the Government to indicate the measures taken with regard to the review and possible suspension of authorizations previously granted for the use of specific practices or equipment of a kind which, following an accident, has been found unsafe in any one workplace.

5. Finally, with regard to the catastrophe at the Chernobyl Nuclear Power Plant, the Committee notes the Government’s indication that the matters related to irradiation of the population are regulated in the Laws of the Republic of Belarus on Social Protection of Persons affected by the Catastrophe at the Chernobyl Nuclear Power Plant and the Legal Regime of the Territories Exposed to Radioactive Contamination. The Committee would be grateful if the Government would supply a copy of these texts and of all other texts adopted in application of the Convention for further examination.

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1. The Committee notes the provision of section 28, subsection 4, of Act No. 2583-XII on hygiene and the epidemiological well-being of the population, 1993. According to this provision, the organization and carrying-out of measures against radiation in the event of accidents and emergency situations resulting in a danger for the population shall be governed by special regulations. The Committee accordingly asks the Government to specify the regulations adopted in application of this provision. Furthermore, the Committee would refer the Government's attention to its 1992 general observation under this Convention, in particular paragraphs 16 to 27 concerning the limitation of occupational exposure during and after an emergency. It requests the Government to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the general observation, particularly as concerns paragraph 35(c).

2. The Committee draws the Government's attention more generally to its 1992 general observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). The Committee recalls that, under Articles 3, paragraph 1, and 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiation in the light of current knowledge. The Government is requested to indicate the steps taken or contemplated in relation to the matters raised in the conclusions to the general observation.

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1. The Committee notes the information provided by the Government in its latest report in reply to the General Observation of 1987 and requests the Government to transmit a copy of the text of the State Programme for 1990 to 1995 to eradicate the after-effects of the accident at the Chernobyl atomic power plant. Furthermore, the Committee would refer the Government to its General Observation under this Convention, in particular paragraphs 16 to 27 concerning the limitation of occupational exposure during and after an emergency. It requests the Government to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the General Observation, particularly as concerns paragraph 35(c).

2. The Committee would call the Government's attention more generally to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.