Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

With reference to its observations, the Committee requests the Government to provide information on the following additional points.

Article 5 of the Convention. Restricting the exposure of workers to ionizing radiations to the lowest practicable level. The Committee takes note of the information sent by the Government and requests it to continue to report on the measures adopted or envisaged to restrict the exposure of workers to ionizing radiations to the lowest practicable level and to avoid any unnecessary exposure, and in particular on the manner in which the legislation being drafted gives effect to this Article of the Convention.

Article 13. Occupational exposure during an emergency. The Committee again asks the Government 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 these circumstances are defined. The Committee requests the Government, in drafting the new legislation, to take account of paragraphs 16–27 of its general observation of 1992 on this Convention, which concern the limitation of occupational exposure during and after an emergency, and to provide information on this matter.

Article 13(a). Duty to provide an appropriate medical examination. The Committee again asks 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 these examinations in the new provisions, to take into account Paragraphs 20–26 of the Radiation Protection Recommendation, 1960 (No. 114).

Article 13(b). Employers’ duty to notify any accident or emergency to the competent authority. In its previous comments, noting that under section 17 of Act No. 18302 of 2 May 1984, accidents or any anomaly in the functioning of installations or in nuclear devices should be communicated within 24 hours by the person noticing the anomaly to the Chilean Nuclear Energy Commission, the Committee asked the Government to indicate the measures adopted or envisaged to prescribe such a duty for employers. The Committee noted that, according to the Government, this provision applies to employers and that, as regards the aspects strictly relating to work, section 76 of Act No. 16744 provides that the employer shall notify occupational accidents to the appropriate administrative body and that fatal or serious accidents shall likewise be notified to the Labour Inspectorate and the Health Secretariat. The Committee pointed out to the Government that this Article goes beyond accidents and includes the situations addressed by paragraph 34 of its general observation of 1992, 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”. Noting that the Government has not supplied the information requested, the Committee once again asks it to send 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 a duty has not been established, to include it in the new legislation and to provide information on the matter.