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

Radiation Protection Convention, 1960 (No. 115) - Tajikistan (Ratification: 1993)

Relevant legislation. The Committee notes the information provided in the Government’s report and the reference made to the fact that several laws and regulations related to ensuring radiation safety of workers, population and environment have been adopted and are in force. The Committee also notes the statement that, in practice, in enterprises dealing with sources of ionizing radiation, monitoring of workers and places of work is regularly carried out in order to measure the exposure of workers to ionizing radiations, and that, after individual dosimeter controls, workers directly engaged in radiation work are informed of their received doses of radiation exposure. The Committee also notes, however, that the Government’s report is silent as regards the Committee’s previous comments and that it has not made relevant laws and regulations available to the Committee. The Committee requests the Government to submit copies of relevant legislation with its next report which also should contain full information on the matters raised in its previous observation which read as follows:

Repetition

The Committee refers to the request for technical assistance submitted by the Government in 2005, its 2005 general observation concerning the submission of the Government of reports on ratified Conventions, and the Decent Work Country Programme adopted for 2007–09 which included as an objective “Promotion and better implementation of standards, fundamental principles and rights in the sphere of labour in the Republic of Tajikistan”. The Committee also notes the brief report submitted by the Government in 2009, which refers to national legislation, including the Law on radiation safety (No. 42) adopted on 1 July 2003, and the new radiation safety standards (HP-06). Against this background, the Committee hopes that appropriate technical assistance will be provided to the Government to enable it to submit a detailed report on the application of the present Convention, including copies of the Law on radiation safety and the new radiation safety standards, so that the Committee can evaluate the application of the Convention in the country.

The Committee also reminds the Government that measures must be taken, in particular to give effect to the following Articles of the Convention: Articles 3(1) and 6(2) (appropriate steps to ensure effective protection of workers against ionizing radiations and to keep under constant review in the light of current knowledge the maximum permissible doses of ionizing radiations); Article 5 (reduction of exposure of workers to the lowest practicable level); Article 6 (fixing and constant review of the maximum permissible doses and amounts of ionizing radiations); Article 7 (fixing of appropriate levels for workers who are aged 18 and over and for those under the age of 18 who are directly engaged in work involving ionizing radiations; prohibition for any worker under the age of 16 to be engaged in work involving ionizing radiations); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 10 (notification of work involving exposure to ionizing radiations); Article 12 (appropriate medical examination prior to or shortly after taking up work involving exposure to radiations and subsequent further medical examinations at appropriate intervals); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 14 (transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice). The Committee asks the Government to provide information on measures taken or envisaged to give effect to the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that the Agency of Nuclear and Radiation Safety is the competent authority of the State for ensuring nuclear and radiation safety and that this agency represents the beginning of the creation of an infrastructure and legislative base in the area of radiation safety. The Committee requests the Government to provide further information on the role and functions of the Agency of Nuclear and Radiation Safety and whether it is the competent authority within the terms of Article 15 of the Convention. The Committee also asks 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.

[The Government is asked to report in detail in 2013.]