Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Radiation Protection Convention, 1960 (No. 115) - Bermuda

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 1, 3(1), 6, and 10 of the Convention. Notification of work involving exposure of workers to ionizing radiation. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. The Committee notes the Government’s indication in its report that the Occupational Safety and Health (OSH) Regulations were adopted in 2009 pursuant to section 9(1)(j) of the OSH Act, following consultation with the Bermuda Advisory Council for Safety and Health. The Government states that Part 13 of the OSH Regulations deals specifically with electromagnetic radiation and the employers’ duty to ensure that radiation emitting devices are installed, inspected, tested, maintained and operated so as to be safe and without risks to the safety or health of employees. Section 156 of the OSH Regulations provides that, where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used at a place of employment, the employer shall: (a) so far as is reasonably practicable, ensure that the device is installed, inspected, tested, maintained and operated so as to be safe and without risks to the safety or health of employees; (b) implement the safety codes under section 157; (c) for certain listed devices, make a report to the Safety and Health Office describing the device and its location in the place of employment. Section 157 lists the following Health Canada Safety Codes as the applicable Codes for the purpose of section 156(b): 6, 20A, 23, 24, 25, 28, 29, 30, 31, 32 and 33. The Committee notes that these Codes establish annual recommended dose limits for workers. With reference to paragraphs 30 and 33 of its 2015 General Observation on the application of Convention No. 115, the Committee requests the Government to provide further information on the measures taken to review the maximum permissible doses established for workers, in light of current knowledge. In this respect, it requests the Government to provide further dose limits set for the lens of the eye and for pregnant and breastfeeding workers.

Articles 12 and 13(a). Medical examinations. The Committee notes that section 144(1)(e) of the OSH Regulations requires employers to identify any need for medical examinations, surveillance or other health protection measures for employees who are at risk of exposure to hazardous substances. According to section 9(1) of the OSH Regulations, the Minister may make regulations to require the making of arrangements to promote the health of persons at work, including arrangements for medical examinations and health surveys. The Committee requests the Government to provide information on the measures taken, including any separate regulations adopted, to ensure that all workers directly engaged in radiation work undergo an appropriate medical examination prior to or shortly after taking up such work and also to undergo further medical examinations at appropriate intervals subsequently, in accordance with Article 12 of the Convention.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice.