Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Radiation Protection Convention, 1960 (No. 115) - Sweden (Ratification: 1961)

Further to its observation, the Committee would draw the Government’s attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiation. The Committee notes the Regulations SSI FS 1998: 4 on dose limits at work with ionizing radiation, which entered into force on 1 January 2000. It notes section 5 prescribing an annual dose limit of 50 mSv for persons working with ionizing radiation, and a limit on the effective dose equivalent to 100 mSv over five consecutive years. While these dose limits as such do not appear to be inconsistent with the dose limits recommended by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, the Committee nevertheless reminds the Government that the ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), with the further provision that the effective dose should not exceed 50 mSv in any single year (paragraph 11 of the Committee’s 1992 general observation under the Convention in which it referred to the 1990 ICRP Recommendations). In the light of these indications, the Committee invites the Government to bring fully into line the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998: 4 Regulations with the 1990 Recommendations of the ICRP, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work.

2. Article 13. Scope of emergency work. The Committee takes note of the provisions contained in sections 14 to 18 of the Regulations SSI FS 1998: 4 providing for dose limits in emergency exposure on the grounds of "particular reasons" (section 14). However, there is no provision containing a definition of circumstances that would constitute such "particular reasons", and in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed. Therefore, the Committee recalls the indications provided under paragraphs 16 to 27 and 35(c)(iii) of its 1992 general observation under the Convention and to paragraphs V.27 and V.30 of the International Basic Safety Standards, where it is explained that, according to the ICRP, the strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed covers only situations of "immediate and urgent remedial work". Hence, in the light of these indications, the Committee invites the Government to insert a provision to the above Regulations, which provides for a definition of circumstances in which exceptional exposure of workers to ionizing radiation may be authorized pursuant to section 14 of the Regulations SSI FS 1998: 4.

3. Article 14. Provision of alternative employment. The Committee notes the Government’s indication that the formal problem of providing alternative employment can no longer arise, since the approach in the Swedish legislation, as far as dose limits for exposure to ionizing radiation is concerned, changed from lifetime dose limits to annual dose limits. The Committee nevertheless would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee refers to the explanations provided under paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures. Finally, the Committee notes with interest section 9 of the Regulations SSI FS 1998: 4 according to which a pregnant woman who has informed her employer about her pregnancy, has the right to be transferred to work that does not imply exposure to ionizing radiation during the remaining time of pregnancy.