Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 115) sur la protection contre les radiations, 1960 - Région administrative spéciale de Macao (Ratification: 1999)

Further to its observation the Committee notes the detailed information provided regarding effect given Articles 3(3), 9(1), 10, 13(b) of the Convention. The Committee also notes the information provided that the revised occupational safety and health legislation referred to by the Government in its previous report had now been adopted by the Standing Committee for the Coordination of Social Affairs in 2007 but that it had not yet been finally adopted. The Committee requests the Government to keep it informed of any developments regarding the issue and hopes that the above revision will allow for the full application of the provisions of the Convention.

Articles 3(1) and (2), 6(1) and (2), 7(1) and 8 of the Convention. Fixing of maximum permissible doses and quantities of ionizing radiation. The Committee notes the information that a comprehensive study will be undertaken regarding the requirements under these provisions. In this regard, the Committee recalls that, pursuant to Article 3 of the Convention, in light of knowledge available at the time, all appropriate steps shall be taken to ensure effective protection of workers. It again wishes to bring the attention of the Government to its general observation of 1992 under this Convention recommending that the Government brings the national law into conformity with the international standards governing the maximum permissible doses for workers’ exposure adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to provide further information on any action taken in this respect.

Article 12. Medical examinations of workers directly engaged in radiation work. The Committee notes the information that, although the current Law/Decree No. 57/82/M, General Charter for Occupational Health and Safety on Industrial Sites (OSH Law), does not regulate this issue, it is included in the draft legislation referred to above. In the draft it is provided that employers must provide medical examinations to workers engaged in work involving exposure to radiation three months prior to taking up such work and subsequently further medical examinations after taking up such work every 12 months, and that the medical examination shall include blood tests and eye check-ups. The Committee requests the Government to keep it informed of any relevant developments regarding this issue.

Article 13. Emergencies: appropriate medical examinations; examination of work conditions; and adoption of remedial measures. As regards medical examinations, the Committee notes the information provided by the Government with reference, inter alia, to the regular medical examinations to be provided for in the new legislation in compliance with Article 12 above. The Committee wishes to recall that the present Article enumerates action called for in emergency situations where workers are entitled to appropriate medical examinations; persons competent in radiation protection shall examine the working conditions and the employer shall take the necessary remedial action. The Committee requests the Government to the take necessary measures in the context of the ongoing revision of relevant legislation to give full effect to this provision.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information provided by the Government including reference to section 55(1) of the current OSH law which provides that “during the period of partial disability of the worker victim of work accident or occupational disease, the employer must arrange for him to undertake duties compatible with his health conditions”. While taking note of these measures, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention, which indicates that the Convention relates also to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to ionizing radiations has been found to be medically inadvisable. In these cases, as paragraph 32 indicates, 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. The Committee trusts that the Government will make every effort to ensure that workers who cannot continue in radiation work on legitimate health grounds are provided with suitable alternative employment, or other means to maintain their income, and requests the Government to indicate the measures taken in this respect in its next report.