Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - Polonia (Ratificación : 1964)

1. Further to its observation, the Committee has noted that section 6.1 of Order No. 124 of 31 March 1988 concerning limit doses of ionising radiation and indicators determining the risk connected with ionising radiation provides limit doses for persons aged 15 or over and under 18 years of age. The Committee would recall, however, that Article 7, paragraph 2, of the Convention provides that no worker under the age of 16 shall be engaged in work involving ionising radiations. It requests the Government to indicate the measures taken or envisaged to ensure that persons under the age of 16 are not engaged in work involving ionising radiations.

2. The Committee draws attention to Article 8 which provides that appropriate levels of exposure to ionising radiations shall be fixed for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionising radiations or radioactive substances. The Committee notes that section 9 of Order No. 124 prescribes dose limits for persons resident or present in the generally accessible vicinity of sources of ionising radiation. Furthermore, section 6.2 of this Order provides that dose limits for persons temporarily present in conditions involving exposure to ionising radiation shall correspond to the limits set in section 9, paragraphs 1 and 3. The Government is requested to indicate whether these dose limits also apply to employees who work in areas regularly exposed to ionising radiations, but who themselves are not directly engaged in radiation work. If workers not directly engaged in radiation work are not covered by the limits fixed in section 9, the Government may wish to refer to paragraph 5.4.5 of the ILO Code of Practice on Radiation Protection of Workers (ionising radiations) for guidance in setting primary dose limits for workers not engaged in radiation work. The Government is requested to indicate the measures taken or envisaged for fixing exposure limits for workers not directly engaged in radiation work.

3. In its observation for 1990, the Committee noted with interest the measures taken to fix exposure limits for workers intervening in abnormal situations during the second phase, and that protective measures must be taken when exposure exceeds a certain level during the first phase of an abnormal situation, where intervention is necessary to save life or substantially limit the exposure of other persons. Section 9, paragraph 3, of the "Atomic Law" Act of 10 April 1986 provides that a worker intervening in the second phase of an abnormal situation can only be exposed to levels of radiation exceeding twice the normal annual limit once in a year and paragraph 1 of this section provides that the exposure over a lifetime shall not exceed five times the permissible annual limit values. Furthermore, the Committee notes that under this section it is explicitly indicated that a worker has no right to refuse involvement in such work. For guidance concerning action to be taken in abnormal situations, the Government may wish to refer to Section 5.8 and Chapter 6 of the ILO Code of Practice on Radiation Protection of Workers which deal with planned special exposure. Section 5.8 of the ILO Code of Practice recommends certain approaches to special exposures at the second phase of an abnormal situation where the doses of ionising radiations may exceed the normal limit values. Paragraph 5.8.1 of the Code of Practice provides that a worker may choose to accept or not to accept a proposal made by the employer that he or she intervene in an abnormal situation involving special exposure. Paragraph 5.8.2 recommends that a special exposure should not exceed twice the relevant annual limit value. Paragraph 5.8.5 provides that a worker should be informed of the estimated doses and special conditions involved in a special exposure and should be consulted about potential occupational hazards. A worker intervening in a special exposure situation should be instructed in the measures to be taken to keep the doses and risks as low as possible (paragraph 5.8.6), and a medical determination concerning a worker's aptitude for work involving special exposure should be made (paragraph 5.8.7). Chapter 6 recommends certain procedures to be followed in case of emergency situations. The Government is requested to indicate any further measures taken or envisaged concerning special exposures in abnormal situations.

4. The Committee notes that section 10.2 of Order No. 124 establishes a limit for concentrations of radon and its derivatives in premises designated for constant occupation by humans. The Government is requested to indicate whether there are limits for the concentration of radon in work premises.