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

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

In 2010, the Committee asked the Government to reply in detail in 2011 to the questions raised in its observation of 2005. The Committee notes that the Government states in this connection that it will make the necessary amendments to update the law. The Government also refers to a handbook of normal and emergency procedures and a directory for care of radiological emergencies. The Government report being brief, the Committee finds that it is unable to proceed further with its examination of how the Convention is applied. The Committee requests the Government to provide information on the legislative proposals referred to. The Committee again asks the Government to consider the possibility of requesting technical assistance from the Office in the drafting of reports and for a number of issues raised in connection with the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard. It also asks the Government to reply to the questions raised and to indicate the manner in which it ensures, in practice, the effective application of the Articles indicated by the Committee in its comments of 2005, which read as follows:

Repetition

Articles 3(1) and 6(2) of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005–06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (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 established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005–06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in “radiation areas”. The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 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. In the light of the foregoing, the Committee requests the Government to consider appropriate measures 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 ionizing radiation contrary to 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 and requests the Government to keep it informed in this respect.

Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

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