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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 concerning this Convention, and particularly the request for information contained in paragraph 30.

Article 7(2) of the Convention. Young workers under the age of 16 years. In its previous comments, the Committee requested the Government to provide information on the legislative measures adopted to give effect to this provision. The Committee notes the adoption of the Royal Order dated 31 May 2016 amending the Royal Order of 3 May 1999 on the protection of young persons at work and the Royal Order of 21 September 2004 on the protection of trainees. It notes with satisfaction that, under the terms of this new Order, the age from which types of work considered to be hazardous may be undertaken, including work involving exposure of young workers to ionizing radiations, has been increased from 15 to 16 years, in conformity with Article 7(2) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information contained in the Government’s latest report and the information regarding effect given to Articles 7(2) and 14 of the Convention. With reference to the provisions giving effect to Article 7(2), the Committee requests the Government to transmit a copy of the Code on the well-being at work when it is adopted and to continue to provide information on legislative measures to give effect to the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

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

1. The Committee notes the information communicated by the Government in its report. It notes the Working Health Inspection’s activity reports for the years 2001, 2002, 2003 and 2004 appended to the Government’s report. The Committee notes the adoption of the Order of 20 June 2001, implementing the general regulation on the protection of the population, workers and environment against ionizing radiation, intending to transpose European Council Directives 96/29/Euratom, of 13 May 1996, establishing basic safety standards for the protection of the health of the population and workers against the dangers arising from ionizing radiation, and 97/43/Euratom, of 30 June 1997, on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure. The Committee notes in particular the provisions of sections 20.2.3 and 67 of the above decree dealing with different working aspects of emergency situations and accidents.

2. Article 7, paragraph 2, of the Convention. Prohibition of employment of young people under 16 years of age in work involving exposure to ionizing radiation. Further to its previous comment concerning the necessity of establishing in the national legislation an unqualified ban, with no exceptions whatsoever on the employment of workers under the age of 16 in work involving exposure to ionizing radiations, the Committee notes that the Government refers to an envisaged amendment of the Royal Order of 3 May 1999 on the protection of young people at work, aimed at modifying the definition of "young workers" by raising the age limit from 15 to 16 years for workers who are likely to be exposed to ionizing radiations. The Committee hopes that such an amendment will be adopted in the near future and requests the Government to provide a copy of the text amending the age limit after its adoption.

3. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Further to its previous comment, the Committee notes section 71, paragraph 1, of the Royal Order of 28 May 2003 on the surveillance of the workers’ health, which prohibits employers to appoint or maintain any employee declared unfit by the occupational medical officer in activities involving risks for exposure to ionizing radiations. It notes that employers are required, in conformity with section 72 of the same order, to offer another job or activity in compliance with the recommendations formulated by the occupational medical officer in the health evaluation form. The Committee notes that, according to the provisions mentioned above, the employer’s obligation to offer employees declared unfit alternative employment may be subject to certain technical or objective exceptions or to other reasons duly justified. The Committee notes the Government’s indication that the employer’s justifications shall first be presented to the occupational medical officer at the general direction of the Control of Well-being at Work of the SPF Employment, Working and Social Consultation and, if needed, also submitted to the court. In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to provide information in its next report, on measures taken to ensure the application of Article 14 of the Convention, taking into account the general observation of 1992 under this Convention.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In its previous direct request, the Committee drew the Government's attention to the new maximum dose limits adopted in 1990 by the International Commission on Radiological Protection (ICRP) on the basis of new physiological findings. The Committee notes that in its last report the Government states that the procedure for incorporating the ICRP Recommendations in national legislation will begin as soon as a European directive has been adopted on the subject. Referring to its general observation of 1992 on this Convention, the Committee again recalls that these recommendations have a bearing on the application of the Convention, in view of the references to "knowledge available at the time" and "current knowledge" in Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. It trusts that the Government will shortly be in a position to report the adoption of new maximum permissible doses which conform to the recommendations adopted in 1990 by the ICRP and which were reproduced in 1994 in the International Basic Safety Standards jointly sponsored by the IAEA, the WHO, the ILO and three other international organizations.

2. Protection against accidents and during emergencies. The Committee notes the information supplied by the Government on emergency measures. It asks the Government to provide additional information on the circumstances in which special exposure of workers may be authorized, and the measures to optimize protection against accidents and during emergency operations, particularly as regards the design and protective features of the workplace and equipment and the development of techniques for use in emergency operations to avoid the exposure of individuals to ionizing radiation.

3. Provision of alternative employment. The Committee notes the data on the radiation doses received by workers exposed or purportedly exposed during 1990. It notes in particular that medical monitoring of 33,655 workers from different branches of activity revealed that 390 workers had received a dose of between 15 and 50 mSv in the course of the year and that, in three cases, the dose of 50 mSv had been exceeded. The Government also states that, in these three cases, the reasons for the excess doses have been established (the incorrect application of safety measures, poor working conditions and inadequate means of individual protection) and that measures have been taken to remedy them. The Committee asks the Government to specify what consequences doses which are in excess of the normally tolerated levels have for the employment of the workers concerned.

The Committee also notes the adoption of the Royal Order of 25 April 1997 respecting the protection of workers against risks arising out of ionizing radiation. The Committee notes with interest that the Order reinforces medical supervision both of workers in enterprises with sources of radiations and of workers from outside enterprises who are brought in to intervene in a controlled area, and asks the Government to state whether, when the medical officer decides on the basis of medical indications to remove a worker from his job, as he is empowered to do by sections 17 and 18 of the above Order, provision is made for the worker concerned to be given an alternative job which does not involve exposure to radiations.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes with interest section 20.4 and 20.5 of the Decree of 16 January 1987, amending the Decree concerning general regulations for the protection of the public and of workers against the dangers of ionising radiations, which sets forth the measures to be taken with regard to emergency and accidental exposure of workers or planned special exposures, including the fixing of maximum dose limits for such exposure, and the consultation with, provision of information concerning risks and preventive measures to, and the voluntary nature of, the workers concerned. The Committee would call the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention concerning occupational exposure during and after an emergency and requests the Government to indicate the steps taken or being considered in relation to the matters raised in its conclusions, particularly under paragraph 35(c).

II. The Committee has noted that section 1 of the Decree of 1987 concerning protection against ionising radiations excludes from the scope of application all military machines and installations and the transport of any machines or substances capable of emitting ioinising radiations which have been ordered by the Minister of Defense. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionising radiations. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that the provisions of this Convention apply also to those activities excluded from the scope of the Decree.

III. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.