Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Radiation Protection Convention, 1960 (No. 115) - Germany (Ratification: 1973)

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Further to its observation on this Convention, the Committee notes the information contained in the Government’s report regarding Article 14 of the Convention. The Committee notes that, in reply to its previous comments on the application of this Article, the Government has indicated that, following an examination of the collective agreements register, no collective agreements were found, including provisions requiring the employer to provide alternative employment for workers who cannot continue to be employed in radiation work on medical grounds, but that the right to such alternative employment may be provided for in an individual work contract. It also notes the Government’s statement that, while neither the Radiation Protection Ordinance nor the X-Ray Ordinance at present require the employer to provide alternative employment for workers who cannot continue to be employed in radiation work on medical grounds, there are no obstacles under general labour law to regulate this issue therein. The Committee further notes that the Government emphasizes that the principle of prevention is given prime importance in the Occupational Safety and Health Act of 7 August 1996 and that, based on the principle of proportionality, the employer has the duty first to take all relevant occupational safety and health measures on a technical and organizational level and that only subsidiary thereto can an individual employment ban be justified. With regard to the effect of such an employment ban, the Committee wishes to recall its general observation of 1992 under the Convention in which it was pointed out, in paragraph 32, that every effort must be made to provide the workers concerned with suitable alternative employment or maintain their income through social security measures or otherwise, where continued assignment to work involving exposure is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to provide additional information on the application of this Article in practice including on efforts made to provide workers subject to an employment ban pursuant to this Article with suitable alternative employment or to offer them other means to maintain their income as indicated in the general observation of 1992 under this Convention.