Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 relating to the present Convention, and particularly the request for information in paragraph 30.

Article 1 of the Convention. Application of the Convention by means of laws or regulations or other appropriate means. Consultations with representatives of employers and workers. In its previous comments, the Committee asked the Government to take the necessary measures to consult the representatives of employers and workers about the means referred to in Article 1 (laws or regulations, codes of practice or other appropriate means for giving effect to the Convention), and to provide information on these consultations. The Committee observes that the Government has not sent any information on this matter in its report. The Committee once again requests the Government to provide information on the measures taken to consult the representatives of employers and workers about the means referred to in Article 1 and on the consultations actually held with the employers’ and workers’ representatives.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency workers. In its previous comments, the Committee once again asked the Government to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally authorized 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 notes that the Government has not provided this information. In this respect, the Committee draws the Government’s attention to paragraphs 36 and 37 of its general observation of 2015. The Committee therefore once again requests the Government to indicate whether, in emergency situations, exceptions are permitted to the dose limits for exposure to ionizing radiations normally authorized 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.

Article 3(1), (2) and (3)(a) and (b), and Article 6(1) and (2). Appropriate steps to ensure effective protection of workers against ionizing radiations, in the light of current knowledge. Review of the maximum permissible doses of ionizing radiations. In its previous comments, the Committee asked the Government to adopt standards without delay establishing the dose limits that are recommended internationally. The Committee also asked the Government to ensure, while new legislation is being adopted, that the dose limits are observed in practice, and to provide information on this subject. The Committee observes that the Government has not sent the information requested. In this respect, the Committee draws the Government’s attention to paragraphs 30–32 of its general observation of 2015. The Committee once again requests the Government to provide information on any standards establishing the internationally recommended dose limits referred to in its general observation of 2015 and to indicate the manner in which it is ensured, pending the adoption of the new legislation, that the above dose limits are observed in practice.

Articles 6 and 8. Maximum permissible doses of ionizing radiations for pregnant women and for workers who are not directly engaged in radiation work. In its previous comments, the Committee asked the Government to ensure that the maximum dose limits established for pregnant women, from the declaration of pregnancy until its term, cannot be exceeded, and asked it to bring the annual dose limit for ionizing radiations for workers who are not directly engaged in radiation work into line with international recommendations. The Committee observes that the Government has not provided any information on this matter. In this respect, the Committee draws the Government’s attention to paragraphs 33 and 35 of its general observation of 2015. The Committee requests the Government to provide information on this subject.

Article 13(b). Obligation of the employer to notify the competent authority. In relation to its previous comments, the Committee notes the information supplied by the Government in its report to the effect that Ordinance No. 19292 of 2015 of the Social Security Supervisory Authority determined that the expression “any person” contained in section 17 of Act No. 18302 of 1984, concerning the obligation to report accidents or any other abnormalities in the operation of nuclear installations or equipment, includes employers. The Committee notes this information.