Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Radiation Protection Convention, 1960 (No. 115) - Ecuador (Ratification: 1970)

The Committee takes note of the Government’s report in response to its previous comments. With reference to its previous comments, the Committee draws the Government’s attention to the need to adopt measures to give full effect to the following Articles of the Convention.

1. Article 1 of the Convention. The Committee notes the Government’s indication that tripartite consultations will be carried out, in accordance with the provisions of Convention No. 144, when new provisions concerning the application of the Convention are considered for adoption. The Committee therefore requests the Government to provide further information regarding any development in this respect.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes the Government’s indication that the Regulations on Radiological Safety of 8 August 1979 have not been modified yet. Nevertheless, according to the Ecuadorian Commission on Atomic Energy (CEEA), responsible for the elaboration of modifications to legislative texts concerning radiation protection in the light of the technical evolution, the recommendations issued periodically by the International Commission on Radiological Protection (ICRP) are applied in practice. The Committee requests the Government to indicate the manner in which it is ensured that the latest recommendations of the ICRP, and in particular the dose limits contained therein, are effectively enforced, since the dose limits for the exposure of the different categories of workers to ionizing radiation established under section 1 of the Regulations on Radiation Safety, 1979, do not reflect the dose limits recommended by the ICRP in 1990. In this respect, the Committee notes that the Government had already indicated in its report of 1996 that new regulations on radiation safety have been elaborated, together with the representatives of employers and workers. Recalling that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, require the adoption of measures in the light of the current knowledge to give effect to the provisions of the Convention, the Committee hopes that the Government will adopt the above draft regulations to harmonize the national regulations concerning the maximum permissible dose limits for workers’ exposure with those adopted by the ICRP in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, ILO, WHO and three other international organizations.

3. Article 7. Further to its previous comments, the Committee refers again to the basic standards for radiation protection, issued by the CEEA, section 2.1.1(e), which prohibit categorically the employment of young persons under 18 years of age in work with radiation and in "radiation areas", in conformity with this Article of the Convention, whereas section 3 of the Regulations on Radiation Safety, 1979, prohibits the employment of young persons under 18 years of age in radiation areas, which are defined in the above Regulations as areas where the radiation doses might be higher than 5 m rem per hour. In view of the existing discrepancy, the Committee urges the Government to amend the Regulations on Radiation Safety, 1979, in order to ensure that young persons under 18 years of age indeed may not be engaged in work involving exposure to ionizing radiations.

4. Provision of alternative employment. With regard to measures to be taken to ensure the provision of alternative employment to workers who, for health reasons, are to discontinue their work involving ionizing radiations, the Committee notes the Government’s indication that there is still no system for offering alternative employment to the workers concerned. The Committee draws the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures.

5. Exposure to emergency situations. The Committee notes that the Government refers to the Regulations on Radiation Safety, 1979, which focus on the rights of workers in the case of their overexposure following an accident. Referring again to the explanations provided under paragraphs 16-27 and 35(c) of the Committee’s 1992 general observation under the Convention, and to paragraphs V.27 and V.30 of the International Basic Safety Standards, the Committee requests the Government to supply additional information on the circumstances in which the exceptional exposure of workers may be authorized and the measures taken or envisaged to optimize the protection during accidents and emergency situations, in particular with regard to the design of protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiations to be avoided.