Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Radiation Protection Convention, 1960 (No. 115) - Belgium (Ratification: 1965)

The Committee notes the information supplied by the Government in its report. Further to its previous comments, the Committee wishes to draw the Government’s attention to the following points.

1. The Committee notes with interest the Government’s statement that a draft Order to transpose into domestic law European Council Directive 96/29/EURATOM, of 13 May 1996 establishing basic safety standards for the protection of the health of the population and workers from dangers arising out of ionizing radiations, and European Council Directive 97/43/EURATOM, of 30 June 1997 on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure, both of which are based on the 1990 ICRP Recommendations, has been submitted to the representatives of the social partners in the Central Council for Occupational Prevention and Protection. The Government states in this connection that the abovementioned Order is to be published shortly. The Committee therefore asks the Government to supply a copy as soon as it has been adopted to enable the Committee to examine the relevant Order in greater detail.

2. Article 7, paragraph 2, of the Convention. The Committee notes the Royal Order of 3 May 1999 on the protection of young people at work. It notes that section 8(3) prohibits the employment of young people in work involving exposure to ionizing radiation. Section 10, however, allows exceptions to this general prohibition: activities forming part of their education and vocational training, which may be carried out only in conditions that comply with the occupational security measures prescribed by this section. The Committee states that the definition of "young worker" given in section 2(1) of the above Royal Order covers apprentices, trainees, student workers, students and pupils as well as all working minors aged 15 or over who are not in compulsory full time education. While noting that, according to section 1(1) of the Act of 29 June 1983 on compulsory education, full time compulsory schooling ends at the age of 16 years, the Committee recalls that the provision of Article 7, paragraph 2, of the Convention places an unqualified ban with no exceptions whatsoever on employing workers under the age of 16 in work involving exposure to ionizing radiations. The Committee therefore asks the Government to indicate the measures taken or envisaged to assure that no worker under the age of 16 may be engaged in work involving exposure to ionizing radiations.

3. Work in emergencies. The Committee notes the information supplied by the Government on the measures concerning emergencies, namely, concerted exceptional exposure, accidental exposure and exposure in an emergency. The Committee notes with interest that, in the event of accidental exposure and exposure in emergencies, in particular, only volunteers who have been previously informed of the risks of intervening and the precautions to be taken and who have obtained two prior authorizations in writing, one from the accredited medical officer in charge of medical examinations and the other from the physical control service or, in the absence of such a service, the approved body, may be submitted to such exposure. The Government also indicates that the concepts enshrined in the abovementioned European Directives will be transposed into the draft Order. The intent of the above European provisions on emergencies is that there should be rapid intervention in order to rescue persons in danger or to save property such as highly valuable plant. The Committee wishes to draw the Government’s attention in this connection to paragraphs 23 to 27, and particularly paragraph 26 of its general observation of 1992 under this Convention which states that exceptional exposure of workers may not be invoked to justify avoiding the "loss of valuable property". The Committee therefore asks the Government to bear indications, based on the 1990 ICRP Recommendations, in mind when enacting the abovementioned Order. Lastly, the Committee notes that according to the Government the details of optimizing protection from accidents in the course of emergency operations can be sent only when the abovementioned Royal Order has been adopted. The Committee will therefore return to this matter when it has had the opportunity to examine the relevant provisions.

4. Providing alternative employment. The Committee again notes the four cases recorded in 1990 of workers exceeding the prescribed maximum exposure to ionizing radiations, one of which was the result of a data transcription error. With regard to the other three cases, the Committee notes with interest that alternative employment was offered to the workers concerned without any loss of earnings. The Committee also notes the provisions on decisions taken by occupational medical officers (article 146bis to 146quater of the General Regulations on Protection at Work, 1947, as consolidated) establishing the procedure to be followed in taking decisions to remove employees from work on medical grounds. It notes in particular that article 146ter, paragraph 1, of the above Regulations governs the situation covered by this provision of the Convention. According to this article of the Regulations any worker who has been found unfit therefore by the medical officer may not be kept in or assigned to posts involving risk of exposure to ionizing radiations. In such cases the employer must, as far as is possible, keep such workers in the enterprise and assign them to other work in accordance with the recommendations of the medical officer. The Committee asks the Government to specify the criteria applied by the employer in deciding as to transfers to alternative work which does not involve exposure to ionizing radiations. The Committee also asks the Government to indicate whether economic criteria can have a bearing on whether a worker is to be assigned to another post.