Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

Convenio sobre la protección contra las radiaciones, 1960 (núm. 115) - Ucrania (Ratificación : 1968)

1. Articles 1 and 2(1) of the Convention. The Committee notes the information supplied by the Government regarding the adoption of the laws "Nuclear Energy Use and Radiation Safety Act", "Status of the Zone Contaminated as a Result of the Accident at the Chernobyl Atomic Power Plant Act", the "Provision of Medical and Epidemic Well-Being Act" and the "Radioactive Waste Act", and the preparation of the draft Radiation Safety Standard of Ukraine NRBU-97, which is taking into account the recommendations of the International Commission on Radiological Protection (ICRP) 1990, and the International Basic Safety Standards 1994. The Government is requested to supply the text of the adopted standard as soon as it has come into force.

2. Articles 3(1) and 6(2). The Committee notes the information provided by the Government regarding new dose limits. Following the adoption of the NRBU-97, the new effective dose limit will be fixed at 20 mSv per year for personnel engaged in radiation work and 1 mSv for members of the general public. Regarding persons suffering as a result of the Chernobyl disaster and living on the contaminated territory, maximum permissible doses for those living in the compulsory resettlement zone is set to 50 mSv and 5 mSv for those in the voluntary resettlement zone. For those who suffered as a result of the accident at the Chernobyl Atomic Power Plant and who live and work on contaminated territory, the limit of additional yearly irradiation is 5 mSv. Under the Draft Standard NRBU-97 the permissible level of irradiation will be established as 2 mSv. The Committee hopes that the Government will soon be in a position to supply the provisions adopted, and that these will be consistent with the 1990 recommendations of the ICRP and the International Basic Safety Standards.

3. Article 8. The Committee notes the information supplied by the Government, in which it informs that the provisions of the Convention are applied to "Category A personnel" and in general measures for protection, to a restricted part of the population. It further indicates that, for that restricted part of the population not directly connected with radiation, but present in places where they may be exposed to the effects of ionizing radiation, the permissible level of irradiation is 5 mSv. The dose limit according to the Draft Standard NRBU-97 will be 2 mSv. The Committee would recall section 5.4.5 of the ILO Code of Practice of 1986, under which workers not directly involved in radiation work shall be protected as if they were members of the public. The annual effective dose equivalent limit for these remains at 1 mSv according to the International Commission for Radiological Protection (ICRP) Recommendations of 1990. The Government is requested to supply information on steps taken or contemplated to establish limits in accordance to those fixed in the mentioned recommendations.

4. Alternative employment. The Committee notes with regret that the Government's latest report contains no information regarding the provision of alternative employment for workers who well before retirement have accumulated a life-time dose of ionizing radiation. The Committee therefore recalls paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention as well as the principles reflected in paragraphs I.18 and V.27 of the International Basic Safety Standards. It reiterates its firm hope that the next report of the Government will provide information on measures taken or contemplated to ensure effective protection of workers who may have accumulated exposure beyond which an unacceptable risk of detriment is to occur, and who may be faced with the dilemma that protecting health means losing their employment. In this connection the Committee once again requests the Government to indicate whether alterative employment is provided to the workers involved in the clean-up of the Chernobyl atomic plant accident who accordingly have been exposed to excessive levels of radiation.

5. Emergency situations. The Committee notes the information provided by the Government concerning emergency situations. The regulating documents are NRB-76/87, OSP-76/87, and "Criteria for taking decisions on measures to protect the population in the event of an accident to a nuclear reactor type, 1990". The Committee also notes the supplied table of dose criteria for decision making in the early phase of an accident. However, the Committee once again would draw the Government's attention to its previous comments made in this respect and to the questions raised in paragraph 35(c) of its general observation 1992. The Committee trusts that the Government will indicate the steps taken as regards a clear definition of circumstances in which exceptional exposure may be tolerated, the optimization of protection during accidents and emergency work through the design and protective features of the workplace, and emergency planning for intervention relying on such techniques as robotized equipment. The Government is once again requested to supply information concerning the measures taken for the protection against ionizing radiation for the 6,000 workers involved in the Chernobyl clean-up and the 4,500 workers at the Chernobyl atomic power plant.