Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Radiation Protection Convention, 1960 (No. 115) - Ukraine (Ratification: 1968)

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021.

The Committee notes the information provided by the Government, in reply to its previous request concerning Article 10 (notification of work) of the Convention.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Protection for pregnant and breastfeeding workers. The Committee previously referred to paragraph 33 of its 2015 general observation, indicating that methods of protection at work for pregnant women should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (an annual effective dose limit of 1 millisievert (mSv)) and requested information on national legislative amendments. In this regard, the Committee welcomes that, under section 6 of the Act on Protection of People from Ionizing Radiation, as last amended in 2019, the effective dose limit for pregnant women working with sources of ionizing radiation is 1 mSv per year. However, the Committee observes that, according to the report of the Government, section 5.6 of the Standards of Radiological Safety of Ukraine of 1997, providing for a dose limit of 2 mSv for the whole period of pregnancy, is still in force. The Committee once again recalls that, under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge. The Committee requests the Government to indicate the measures taken to revise the maximum permissible dose established for pregnant workers under the Standards of Radiological Safety of Ukraine of 1997, in light of current knowledge.

2. Lens of the eye. The Committee notes the Government’s indication that section 5.1 of the Standards of Radiological Safety of Ukraine of 1997 sets the equivalent dose limit for the lens of the eye at 150 mSv per year for workers who permanently or temporarily work directly with sources of ionizing radiation. The Committee refers to paragraph 11 of its 2015 general observation drawing attention to the latest recommendation of the International Commission of Radiological Protection (ICRP) of an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, for occupational exposure in planned exposure situations. The Committee requests the Government to indicate the measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye.

Article 8. Dose limits for workers not directly engaged in radiation work. With reference to paragraph 14 of its 2015 general observation, the Committee previously observed that the national legislation was not in line with the ICRP’s recommendation of an annual effective dose limit of 1 mSv for workers not directly engaged in radiation work. In this regard, the Committee notes the Government’s reiteration that the effective dose limits for persons who do not work directly with sources of ionizing radiation, but may be subject to additional exposure due to the location of their workplace in premises or on industrial sites with facilities using radiation or nuclear technology, must not exceed 2 mSv per year. The Committee recalls once again that, under Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. With reference to paragraph 14 of its 2015 general observation, which indicates that the annual effective dose limit for this category of workers should be 1mSv, the Committee once again requests the Government to indicate the measures taken to review the maximum permissible dose established for workers not directly engaged in radiation work, in light of current knowledge.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes the observations of the FPU indicating that the existing practice of monitoring radiation dose limits, including using individual dosimeters, does not always ensure data reliability and that there are cases where workers have been forced, through pressure from management, to shield individual dosimeters in order to conceal the real figures. In this respect, the FPU takes the view that special procedures are necessary to prevent the application of pressure on workers to exceed prescribed limits, and to ensure compliance with sanitary control regulations and standards. The Committee requests the Government to provide its comments in this respect. In addition, the Committee once again requests the Government to provide information on the application of the Convention in practice, including on the number and nature of contraventions reported, of any accidents recorded and on the measures taken to remedy them.

[The Government is asked to reply in full to the present comments in 2022.]