Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 115) sur la protection contre les radiations, 1960 - Nicaragua (Ratification: 1981)

The Committee notes the Government’s report in response to its previous comments. It would like to draw the Government’s attention to the following points.

1. Article 13. Protection against accidents and in emergencies. The Committee notes that instead of the term "emergency" the term "accident" is used, which corresponds to the definition laid down by the 1994 International Basic Safety Standards for protection against ionizing radiation and for the safety of radiation sources. It also notes the Government’s indication that, under section 166 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations relating to plans for emergencies, the recommendations contained in the October 2003 document entitled "Method for developing arrangements for response to a nuclear or radiological emergency - Emergency preparedness and response" are being used. It notes that the definition of "emergency" contained in this document justifies the exceptional exposure of workers in the event of occurrences which require, inter alia, interventions to reduce the adverse effect on property. The Committee observes that this definition appears incompatible with section 189 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, which stipulates that workers participating in an intervention may undergo exposure resulting in the maximum permissible dose for occupational exposure in a single year being exceeded solely for the purpose of saving lives or preventing serious injuries, avoiding a high collective dose or preventing the development of catastrophic situations. In this respect the Committee once again draws the Government’s attention to the information in paragraphs V.27 to V.32 of the 1994 International Basic Safety Standards and paragraph 35(c)(iii) of its 1992 general observation under the Convention, namely that exceptional exposure of workers is not justified for the purpose of rescuing "items of high material value". Consequently, the Committee invites the Government to take the necessary measures for correcting the apparent contradictions between the legislation and the recommendations of the October 2003 document entitled "Method for developing arrangements for response to a nuclear or radiological emergency - Emergency preparedness and response", aimed at limiting the exposure of workers for the purpose of meeting an acute danger to life and health to what is strictly necessary.

2. Part V of the report form. The Committee notes the Government’s indication that there are no mechanisms for facilitating the collection of information on the practical application of the Convention in the country and that the Labour Ministry hopes to provide such information in the future. Noting that, under section 206 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, all inspections and audits are documented and emphasizing that inspectors’ reports constitute an important component in assessing the application of the Convention, the Committee requests the Government to send at least extracts of these reports drawn up by the Directorate-General for Safety and Health at Work, which is the competent authority for monitoring the application of the Convention.