Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Radiation Protection Convention, 1960 (No. 115) - Chile (Ratification: 1994)

Article 1 of the Convention. Consultation with employers’ and workers’ representatives. With reference to its previous comments, the Committee notes that, according to the Government, the Ministry of Labour and Social Welfare informs workers’ and employers’ representatives of any measure to be taken in accordance with the present Convention. They do so through the reports requested from the Government and under the terms of Article 5(d) of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in accordance with which the purpose of the procedures provided for in the Convention shall be consultations on questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the International Labour Organization. The Committee observes that, irrespective of the manner in which they are held, it is essential for consultations to be effective and it requests the Government to provide information on the consultations held in practice with employers’ and workers’ representatives on the measures referred to in Article 1 of the present Convention, including with regard to the amendment of the legislation, to which reference is made in the following paragraph.

Article 3(1), (2) and (3)(a) and (b), and Article 6(1) and (2). Appropriate measures to ensure effective protection of workers against ionizing radiations; revision of the maximum permissible doses of ionizing radiations. With reference to its previous comments, in which the Committee indicated that the maximum doses indicated in the relevant legislation are significantly higher than those recommended in its general observation in 1992, which recommends maximum annual doses of 20 mSv for the body and 15 mSv for the eyes, the Committee notes that the dose limits indicated previously are still maintained, but that the system for monitoring of workers who are occupationally exposed is governed by the limits that are currently recommended at the international level. The Government adds that in 2008 the process was initiated of updating the rules respecting radiological safety and protection and it is hoped that they will enter into force at the end of 2010 or 2011. The Committee urges the Government to adopt in the near future standards establishing the internationally recommended dose limits, which were set out in its general observation of 1992 and in so doing to take into account the general observation and the Committee’s comments. It invites the Government to hold consultations on that legislation with workers’ and employers’ representatives, in accordance with Article 1 of the Convention. Please provide detailed information on this subject.

Article 5. Reduction of the exposure of workers to ionizing radiations to the lowest practicable level. The Committee notes the information provided by the Government to the effect that employers are required to maintain the equipment and installations that are technically necessary to reduce to their minimum level the risks that may arise at the workplace. Nevertheless, the Committee is referring to the organization of work processes in relation to this Article, and not only to equipment and installations. The Committee requests the Government to continue providing information on this subject, and particularly on the manner in which the new legislation gives effect to this Article of the Convention.

Article 7(1), read in conjunction with Article 3(3). Measures to fix appropriate levels for certain categories of workers. In its previous comments, the Committee pointed out that, under the terms of section 12 of Decree No. 3 of 3 January 1985, the annual dose limit of ionizing radiations for workers directly exposed is 50 mSv. It recalled that, according to its general observation of 1992, the 1990 recommendations of the International Commission for Radiological Protection (ICRP) recommend an annual dose limit of 20 mSv for workers directly exposed to ionizing radiation and who are 18 years or over. The Committee notes the Government’s indication that pregnant women may not receive radiation of occupational origin above 0.5 rem (5 mSv) until their pregnancy has come to term. The Committee referred previously to the recommendations of the ICRP to which it refers in paragraph 13 of its 1992 general observation, according to which the unborn child should be protected from ionizing radiation by applying an equivalent dose limit to the surface of the woman’s abdomen of 2 mSv from the declaration of the pregnancy until its term. The Committee notes that, according to the Government’s report, the legislation will be updated to reflect international standards, according to the information provided with regard to the application of Article 3 of the Convention. The Committee expresses concern at the delays in amending the legislation, which may have serious repercussions on unborn children. The Committee once again urges the Government to amend the legislation rapidly and to provide information on the subject.

Article 8, read in conjunction with Article 3. Admissible maximum doses of ionizing radiations for workers not directly involved with radiation. The Committee notes that these doses will be reflected in the amended legislation and it requests detailed information on this subject.

Article 13. Occupational exposure during an emergency. The Committee draws the Government’s attention to paragraphs 16 to 27 of its general observation of 1992 on this Convention, which relate to the limitation of occupational exposure during and after an emergency. The Government is asked to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally allowed and, if so, to indicate the exceptional levels of exposure authorized in such circumstances, and to specify the manner in which such circumstances are defined.

Article 13(a). Duty to provide appropriate medical examination. The Committee notes the Government’s indications relating to emergency situations. The Committee requests the Government to provide full information on the type of examinations envisaged in the legislation to give effect to the other situations covered by clause (a) of this Article. The Committee also requests the Government, when issuing regulations on such examinations in the new provisions to take into account Paragraphs 20 to 26 of the Radiation Protection Recommendation, 1960 (No. 114), and to provide detailed information on this subject.

Article 13(b). Employers’ duty to notify the competent authority of any accident or emergency. In its previous direct request, noting that under section 17 of Act No. 18302, of 2 May 1984, accidents or any anomaly in the functioning of installations or of nuclear devices should be communicated within 24 hours by the person noticing the anomaly to the Chilean Nuclear Energy Commission, the Committee requested the Government to indicate the measures adopted or envisaged to prescribe such a duty for employers. The Committee notes the Government’s indication that this provision applies to employers, and with regards to the labour aspects, section 76 of Act No. 16744 provides that the employer shall notify the respective administrative body of employment accidents and, in the case of fatal or serious accidents, the Labour Inspectorate and the Health Secretariat shall also be notified. The Committee draws the Government’s attention to the fact that this Article goes beyond accidents and includes the situations addressed by paragraph 34 of its 1992 general observation, according to which “under Article 13 of the Convention, circumstances must be specified, by laws or regulations or otherwise, in which, because of the nature or degree of the exposure, prompt action shall be taken, including any necessary remedial action by the employer, based on technical findings and medical advice”. The Committee requests the Government to provide information on the duty to notify cases in which, because of the nature or degree of the exposure, measures shall be taken promptly, as indicated in the general observation and, if such an obligation has not been established, to include it in the new legislation and to provide information on this subject.

Article 14. Alternative employment or other measures to maintain the earnings of workers when the continuation of such workers in work involving exposure is inadvisable for medical reasons. The Committee notes that, in the information provided concerning the application of the previous Article, the Government indicates that in cases in which workers are affected by an occupational disease, the workers have to be transferred to other work where they are not exposed to the cause of the disease. In this respect, the Committee recalls that in paragraph 32 of its 1992 general observation on the Convention it indicates that every effort must be made to provide the workers concerned (those whose continued employment in a particular job is inadvisable for health reasons) 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. This requirement does not only relate to workers who have already been found to be suffering from an occupational disease, but also prior to that stage with a view to preventing a disease. The Committee therefore requests the Government to consider the adoption of appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work in which the worker could be exposed to ionizing radiations which would be inadvisable for medical reasons for such workers, and that the efforts that are necessary will be made to provide them with alternative employment or other means of maintaining their income. It requests the Government to provide information on this subject.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government. It notes the existence of an inspection and monitoring programme of the Department of Nuclear and Radiological Safety of the Chilean Nuclear Energy Commission and on compliance with environmental conditions in workplace and regarding workers who are occupationally exposed. The Chilean Safety Association, in its capacity as the body administering social insurance under Act No. 16744, is the competent body in relation to environmental prevention and the protection of workers exposed to risks of ionizing radiation. It therefore has a physical risks unit which administers the radiation programme. The Committee notes that an average of 15,000 workers who are occupationally exposed to ionizing radiation are recorded as undergoing dosage examinations and that in 2009 the monitoring system detected 46 doses that were significantly higher than those corresponding to 5 mSv a quarter, and that in all cases it was concluded that the worker had not suffered irradiation. In this respect, the Committee recalls that it is essential that the Government ensures that the dose of 100 mSv is not exceeded in a five-year period and requests it to indicate whether this obligation is ensured in the country, and in what manner. The Committee also requests the Government to continue providing information on the application of the Convention in practice.

[The Government is asked to reply in detail to the present comments in 2013.]