Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Conventions on the basis of the supplementary information received from the Government this year (see Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148 below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the information provided by the Government on the occupational safety and health measures taken in the context of the COVID-19 pandemic. This includes the measures by the Health and Safety Executive (HSE) (and the Health and Safety Executive Northern Ireland (HSENI)) focused on the provision of information and advice for workers in the health care sector, as well as guidance for employers and workers in managing the risks associated with re-starting business, and proactive inspections. The Government states that throughout the period, the HSE has continued to engage with tripartite stakeholders.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the HSE. The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes the information provided by the Government that it is currently examining the operation of the HSE’s intelligence-led system for targeted inspection visits (the “Going to the Right Places programme”) with a view to informing the future activities of the HSE. The examination of this strategic approach includes benchmarking visits and the Government states that there are further opportunities to improve the targeting. The Committee further notes that the Government provides the requested health and safety statistics in response to its request on the application of Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2) of the Convention. Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.

Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the Health and Safety Executive (HSE). The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes that the Government provides the requested health and safety statistics in response to its request on the application of the Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above-mentioned Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.

Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, including the request for information contained in paragraph 30.

The Committee notes the information provided by the Government in its report concerning the benefits available to workers prohibited from continued assignment to work involving exposure to ionizing radiations (Article 14 of the Convention).

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously noted that the term “emergency exposure” under the Radiation (Emergency Preparedness and Public Information) Regulations 2001 is defined as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee recalls that, for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances. It notes that those circumstances, outlined in paragraph 37, do not include the saving of valuable installations or goods. The Committee therefore requests the Government to take measures to ensure that emergency workers are not, in an emergency situation, subject to an exposure that exceeds the established limit for the purpose of saving valuable installations or goods.

Article 7(2). Young workers under the age of 16. With reference to its previous comments, the Committee notes that pursuant to section 6 of Schedule 4 of the Ionising Radiations Regulations 1999 and section 6 of Schedule 4 of the Ionising Radiations Regulations (Northern Ireland) 2000, the limit on effective dose for any person below the age of 16 shall be 1 mSv in any calendar year. The Committee notes the Government’s statement that the dose limitations for persons under the age of 16 ensure that they are not able to work in industrial undertakings, which would result in significant exposure to ionizing radiations. However, they are permitted to take part in approved work experience schemes. The Committee also notes the Government’s statement that it will review the need for a general prohibition to engage workers under the age of 16 years in radiation work as part of its wider programme of work currently in progress. Recalling that pursuant to Article 7(2), no worker under the age of 16 shall be engaged in work involving ionizing radiations, the Committee requests the Government to take appropriate action to ensure the full application of this Article. It requests the Government to provide information on the measures taken in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 10 of the Convention. Temperature of premises. The Committee previously noted that the Government was reviewing its guidance on working temperatures. In this regard, the Committee notes with interest the Government’s indication that following consultation with the social partners and industry stakeholders, agreement has been reached on workplace temperatures. The Government indicates in this regard that the Workplace (Health, Safety and Welfare) Regulations, Approved Code of Practice, places a duty on employers to ensure a reasonably comfortable temperature in the workplace, and specifies a minimum temperature in this respect.

Article 6. Inspection. Application of the Convention in practice. The Committee notes the statistical information provided by the Government concerning the number of enforcement notices issued and the prosecutions undertaken concerning occupational safety and health in general. It also notes the Government’s statement, in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the plan for the reform of the health and safety system introduced a new categorisation of industries, wherein inspection no longer takes place in lower-risk sectors. The Committee requests the Government to continue to provide information, including statistical data, on the application in practice of the Convention. It also requests the Government to provide information on the impact of the reform of the health and safety system on inspections undertaken with respect to commerce and offices.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 2(1) of the Convention. National policy. The Committee notes the Government’s statement that the Health and Safety Executive (HSE) continues to implement the occupational safety and health strategy entitled “The health and safety of Great Britain: Be part of the solution” launched in 2009. The Government indicates that the implementation of this strategy is being pursued through an updated 2012–15 business plan. The Committee requests the Government to continue to provide information on the implementation of its occupational safety and health strategy, including the implementation and impact of the 2012–15 business plan.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the Government’s statement that the HSE’s campaign and training initiative to support workers’ involvement in health and safety in organizations was a significant success. The Government indicates that this programme, launched in 2010, promoted the benefits of worker involvement in health and safety and included training modules for employee representatives and line managers. Noting the positive evaluation of this initiative, the Committee requests the Government to provide information on any further measures taken or envisaged in this regard, to promote and advance, at all levels, the right of workers to a safe and healthy environment.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government with respect to the Industrial Injuries Advisory Council, which advises the Secretary of State for the Department for Work and Pensions on matters relating to industrial injuries benefits and its administration. The Committee requests the Government to provide further information on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the Government’s indication that it had launched, in June 2000, a Revitalising Health and Safety strategy that set three national targets for improving health and safety performance by 2010. The Committee notes that according to the Statistical assessment of progress towards the Revitalising Health and Safety targets (published by the HSE in 2011), two targets were met (to reduce the incidence rate of fatalities and major injuries by 10 per cent; and to reduce the number of working days lost per worker from work-related injury and ill health by thirty per cent). This assessment also indicated that one target was not met (to reduce the incidence rate of cases of work-related ill health by 20 per cent). The Committee also notes the Government’s indication that since 2010, the HSE has not had numerical performance targets. However, the Government indicates that the three-year HSE business plan contains the aims and objectives that the HSE will seek to achieve through its activities. The Committee requests the Government to continue to provide information on the objectives, targets and indicators of progress set out in accordance with this provision of the Convention.

Application of the Convention in practice. The Committee notes the Government’s reference to the health and safety statistics of the HSE for Great Britain 2013–14. These figures indicate that 1.2 million working people suffer from a work-related illness, that 28.2 million working days were lost due to work-related illness or workplace injury, and that the estimated cost of injuries and ill health from current working conditions was approximately £14.2 billion. The Committee requests the Government to continue to provide available statistical data concerning the manner in which the Convention is applied in practice.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Trades Union Congress (TUC), received with the Government’s report on 26 August 2014.

Articles 2(1), 3(1) and 4(3)(a) of the Convention. Tripartite participation. The Committee notes the TUC’s reference to the requirements of Articles 2(1), 3(1) and 4(3)(a) of the Convention. The TUC states that the Government has not indicated what process it uses to consult with workers’ and employers’ representatives, pursuant to Articles 2(1) and 3(1) of the Convention, beyond public consultations, nor has the Government indicated how it defines any tripartite bodies (referenced in Article 4(3)(a)) or how it ensure that these bodies are tripartite. The Committee requests the Government to provide its comments in this respect.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspections. The Committee previously noted the comments of the TUC that the level of inspections carried out in the country was both low and inconsistent. In this regard, the Government indicated that the number of inspections carried out by the Field Operations Divisions of the Health and Safety Executive should be evaluated within the context of the preventive activities that this Division actively carries out.

The Committee notes the Government’s statement in the present report that the plan for the reform of the health and safety system introduced a new categorisation of non-major hazard industries, and that under this plan, inspection is concentrated on the higher-risk industrial sectors. The Government indicates that inspection no longer takes place in lower risk sectors where it is not effective in terms of outcomes, but that employers in any sector who underperform in health and safety may still be visited. The Government indicates that a targeting and intelligence system has been developed in conjunction with the Health and Safety Laboratory to identify workplaces where proactive inspection can be justified. This policy of targeting inspections has resulted in a reduction by one third of the number of inspections per year from the level of activity in 2010–11. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide further information on the functioning of the new targeting and intelligence system and the selection process of workplaces liable to inspection, including the modalities for the identification of employers who are underperforming in terms of health and safety. In this regard, it requests the Government to provide information on the criteria for determining sectors as lower risk, in which inspections will not take place, as well as the mechanisms for ensuring compliance with national occupational health and safety legislation in these sectors.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee previously noted the statement of the TUC that there is no national occupational health provision in the United Kingdom and that, as few employers have access to private providers, the vast majority of workers have no coverage. The Committee noted in this regard that the Government indicated that the legislation required employers to provide such services where particular risks are thought to occur and where medical surveillance might be necessary.

The Committee notes the Government’s indication in the present report that small and medium enterprises can get occupational health advice and support through a free support line, and through a network of National Health Service providers. It also provides information on private occupational health services that can be engaged by employers, as well as on a standard and voluntary accreditation system for these providers that aims to raise the overall standard of care provided by occupational health services. The Committee requests the Government to provide information, in its next report, on the percentage of workers covered by occupational health services. It also requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review its occupational health service system.

The Committee is raising other matters in a request addressed directly to the Government.

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 2(2) of the Convention. Taking account of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes that the Government indicated in its report that some of the Conventions not ratified by the United Kingdom often have counterparts in UK legislation or practice, such as the principles of national policy set out in Convention No. 155, at Articles 4, 6 and 7. The Government is requested to keep the Committee informed of any developments in this respect.

Article 2(3). Periodic consideration has been given to measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes that the Government states that the Labour Inspection (Agriculture) Convention, 1969 (No. 129), is at the early stages of being re‑evaluated and there is a possibility for the extension of the scope of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). The Government is requested to keep the Committee informed of any developments on this respect.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the detailed information provided regarding the promotion of workers’ rights in relation to occupational safety and health (OSH), including the reference made to the right to raise safety and health concerns without suffering detriment, such as unfair dismissal, in accordance with the Employment Rights Act 1996 (sections 43, 44 and 100), workers’ rights to be involved in and contribute to safety and health at their workplace reflected, inter alia, in new and revised guidance launched by the Health and Safety Executive (HSE), as well as promotional material addressed to vulnerable (including migrant and temporary) workers regarding their entitlements to health and safety protection at work, and the communications and training initiative to influence and support workers to get involved in OSH and to promote the benefits of joint problem-solving launched in March 2010. The Committee requests the Government to provide further information on the outcome of the abovementioned initiatives and to continue to provide information on measures taken to apply this provision of the Convention.

Article 3(3). Measures taken to promote the basic principles and to develop a national preventative safety and health culture. The Committee notes the Government’s reference to Regulation 4 of the Management of Health and Safety at Work Regulations, 1999 (MHSWR), providing the legal basis for promoting the basic principles. The Committee notes, in particular, the setting up by the HSE of a “health and safety forum”, the campaign and media used by the HSE to promote the basic principles, and to develop a national preventive safety and health culture. The Committee requests the Government to provide further information on the outcome of the media campaign and to continue to provide information on measures taken to apply this provision of the Convention.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes that the Government’s report indicates that collaboration with social security services in regard to OSH rests with the Department of Work and Pensions, who are advised about its Industrial Disablement Benefits Scheme by an independent Industrial Injuries Advisory Council where the HSE has observer status. The Committee requests the Government to provide further information on the process, frequency and outcome of such collaboration and to continue to provide information on measures taken to apply this provision of the Convention.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the information provided by the Government regarding the usage of objectives, targets and indicators of progress and that, in the Government’s view, performance in this area is best measured over the longer term and in terms of the direction towards objectives set up. In the context of the Departmental Strategic Objective (DSO), improvements in the incidence of fatal and major injuries are evaluated against a 1999–2000 baseline and work-related ill-health from a 2001–02 baseline. The Committee notes with interest the reference made by the Government to a systematic use of indicators and targets and that each year an assessment of progress against these targets and indicators, together with progress towards any related DSO measures, is published on the HSE website (www.hse.gov.uk/statistics/targets.htm). The Committee further notes that the HSE is also planning to publish an additional “One Year On” report in the autumn that aims to capture how others are responding to the new strategy. The Committee requests the Government to continue to provide information on the outcome of and experiences gained in relation to the use of the national indicators and targets.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information made available by the Government. The Committee requests the Government to continue to provide references to available statistical data and to provide further information on any specific measures taken to address relevant trends in this context.

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

The Committee notes the Government’s comprehensive first report including the legislative texts attached. The Committee also notes the comments of the Trade Union Congress (TUC), submitted on 31 August 2010, and the Government’s response thereto of 15 October 2010.

Article 4(2)(c) of the Convention. Mechanisms for ensuring compliance with national laws and regulations, including systems of inspections. The Committee notes the information in the Government’s report that section 19 of the Health and Safety at Work Act 1974 (HSWA) provides the criteria for the appointment of inspectors, while sections 20–25 set out the inspectors’ powers; that as of 1 April 2009 the Health and Safety Executive (HSE) has 1,323 full-time inspectors; and that, according to the HSE Enforcement Policy Statement, enforcement law is based on the principle of proportionality: “Those whom the law protects and those on whom it places duties expect that action taken by enforcing authorities to achieve compliance or bring dutyholders to account for non-compliance should be proportionate to any risks to health and safety, or to seriousness of any breach, which includes any actual or potential harm arising from a breach of law.” The Committee also notes that, according to the TUC comments, the level of inspections carried out in the country is both low and inconsistent, that in the ten-year period from 1999 to 2009, the number of recorded inspections decreased 69.5 per cent, and that, based on the number of premises covered by the Field Operations Divisions (FOD), the average premises could expect a visit by an HSE inspector every 38 years. The Committee notes that, in its response, the Government indicates that it has not set targets for the number of inspections to be undertaken, and has neither maintained nor created system routines so as to record them, and that the Government considers that the number of inspections carried out by the FOD should be evaluated in the context of the preventive activities the FOD actively carries out including the safety and health awareness days and the introduction of new supply-chain initiatives. The Government also indicates that the figures quoted by the TUC do not take into account the fact that the rapid turnover of small businesses distorts the figures. The Committee requests the Government to continue to provide information on the functioning of, and efforts to maintain, progressively develop and periodically review its labour inspection system.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes that the Government reports that the main occupational health services (OHS) responsibilities lay with the dutyholder, and that any worker who suffers an illness due to their occupation is eligible for treatment by the National Health Service (NHS); that by virtue of Regulations 6 and 7 of the Management of Health and Safety at Work Regulations 1999, the employer is under a duty to provide OHS in accordance with national law and practice; and that it launched, in January 2010, a pilot programme for a voluntary UK accreditation scheme for OHS based on standards developed by the Faculty of Occupational Medicine (FOM), and that this scheme will become operational in 2011. The Committee also notes that, according to the TUC, there is no national occupational health provision in the United Kingdom and that, as few employers have access to private providers, a vast majority of workers have no coverage. The Committee further notes that, in its response, the Government emphasizes the regulated employers’ duties in this respect where particular risks are thought to occur and where medical surveillance might be necessary. The Government also refers to the introduction, in 2001, of the “NHS Plus” project offering a range of OHS for large and small employers. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review its occupational health service system, and on the experiences gained in relation to the OHS voluntary UK accreditation scheme and the 2001 “NHS Plus” project.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observations, the Committee requests the Government to provide additional information on the following points.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to ionizing radiation is medically inadvisable. The Committee notes the response provided by the Government indicating that workers prohibited from continued assignment to work involving exposure to ionizing radiation, pursuant to regulation 24(6) of Ionizing Radiations Regulations 1999 (IRR99), are entitled to a comprehensive system of benefits. The Committee asks the Government to provide further information on the benefits available to such workers, including criteria of eligibility; any time limits imposed as to duration of eligibility; and information on the application of regulation 24(6) in practice.

Article 15 and Part V of the report form. Labour inspection and application in practice. The Committee notes the information stating that an estimated 40,000 premises have been notified under IRR99; that the Health and Safety Executive estimates approximately 250 inspections per annum are carried out under IRR99; and that two cases of prosecutions for contravention of IRR99 were taken during the period under review. The Committee also notes the information indicating that an estimated three incidents (one major) involving ionizing/non‑ionizing radiation occurred between 2003 and 2006, and that various measures are taken to remedy the causes of such accidents, including enforcement action, inspection and publicity through communications. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including the number and nature of contraventions; and the number and nature of accidents reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s latest report, the attached documentation, and the response provided by the Government on Article 5 of the Convention. The Committee also notes the Government’s reference to a review on the regulations and guidance on working temperatures, which includes consultations with stakeholders from both sides of the industry. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 2. Exclusion of specific categories of workers. The Committee notes the information provided by the Government indicating that while workers employed in offshore premises are excluded from the application of the provisions of this Convention, they are covered by legislation that provides the same level of protection. The Government has also stated that, on a practical level, the difficulties in identifying workers in domestic premises to be covered by the Convention would mean that effective enforcement of the legislation would be impossible, and that a large proportion of workers employed in domestic premises are care workers providing services to vulnerable sections of the community and that it would be difficult, if not impossible, to justify applying health and safety legislation to the homes of people who are already disadvantaged. The Committee asks the Government to provide information on measures taken or envisaged to ensure workers in domestic premises are afforded, as far as practicable, occupational safety and health protection; and invites the Government to continue to consider the possibility of including excluded groups of workers into the scope of application of the Convention.

Part IV of the report form. Application in practice. The Committee notes the attached statistical information indicating the number of enforcement notices issued and prosecutions taken. The Committee asks the Government to continue to provide information concerning the application of the Convention in practice, including the number of workers covered, and the number and nature of accidents and occupational diseases reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the information provided by the Government in its latest report detailing progress made in the application of the Convention in the United Kingdom and Northern Ireland, including information concerning the adoption of regulations further controlling noise and vibration at the workplace; the consolidation of regulations controlling the use of asbestos; a number of practical guidance materials assisting in the practical application of the Convention; and funded research programmes focusing, inter alia, on respiratory diseases, skin disease and cancer.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 2, of the Convention. Young workers under the age of 16. The Committee notes the response provided by the Government indicating that section 19 of the Management of the Health and Safety at Work Regulations, 1999, and the corresponding Management of the Health and Safety at Work Regulations (Northern Ireland), 2000, prohibit an employer from employing a young person (a person who has not attained the age of 18) for work involving harmful exposure to radiation, unless: it is necessary for that person’s training; the young person is supervised by a competent person; and the risk is reduced to the lowest reasonably practicable level. The Committee further notes the Government’s intention to review the need for a general prohibition to engage workers under the age of 16 in radiation work. The Committee, having on a number of previous occasions urged the Government to take appropriate action to ensure a full application of this Article, reiterates its hope that this will be undertaken in the very near future and requests the Government to provide precise information in this respect in its next report.

Article 13. Emergency work. The Committee notes the information provided by the Government indicating that “without delay” in respect of medical examinations and notification to the competent authority under regulation 14(1)(d) of the Radiation (Emergency Preparedness and Public Information) Regulations, 2001 (REPPIR), is to be interpreted as meaning “as soon as it is reasonably practicable to do so”. With regards to exposure in emergency situations, the Committee notes that according to regulation 11(b) of the Ionising Radiations Regulations, 1999, where an employer is able to demonstrate that the dose limit specified in paragraph 1 of Part I of Schedule 4 is impracticable having regard to the nature of the work undertaken, the employer may apply the dose limits set out in paragraphs 9 to 11 of that Schedule. The Committee further notes that where an emergency plan, prepared pursuant to the REPPIR, provides for the possibility of any employee receiving an emergency exposure, an employer must notify to the Executive the dose levels which they have determined are appropriate to be applied in respect of such an employee; and that no employee will be exposed to a dose of radiation in excess of this dose level unless they agree, for the purpose of saving human life. The Committee asks the Government to confirm that the maximum dose limits in an emergency exposure situation, regulating exposure of individuals implementing the necessary rapid action to bring help to endangered individuals, prevent exposure of a large number of people or save a valuable installation or goods, are those specified in Part II of Schedule 4, and that these maximum dose limits can only be exceeded for the purpose of saving human life.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 8 of the Convention. Dose limits applied to workers not directly engaged in radiation work. The Committee notes with respect to Northern Ireland that, under paragraph 60 of the Approved Code of Practice (ACoP), the dose limit for workers not directly engaged in radiation work is 1 mSv a year, which is in accordance with the 1990 ICRP recommendation.

3. Articles 9 to 12. Appropriate warnings to indicate presence of hazards, notification, appropriate monitoring and medical surveillance. The Committee notes with respect to Northern Ireland that regulation 18(1) of IRR(NI) 2000 provides that employers shall ensure appropriate warnings to indicate the presence of hazards. It further notes that regulation 6 regulates notification, that regulations 19 and 21 of IRR(NI) 2000 provides for appropriate monitoring requests and that regulation 24 provides for medical examination, all in accordance with the Convention.

4. Article 14. Providing alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to ionizing radiation is medically inadvisable. The Committee notes that regulation 24(6) of IRR 99 applicable to Great Britain and regulation 24(6) of IRR(NI) 2000 applicable to Northern Ireland provide that an employer shall not permit a worker to continue to work with ionizing radiation where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 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 above indication, the Committee requests the Government to consider appropriate measures to ensure that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to provide information in this respect in its next report.

5. Article 15. Labour inspection. The Committee notes the Government’s statement that, with respect to Northern Ireland, the labour inspection service operates in a similar way to those in Great Britain. The Committee requests the Government to provide detailed information with its next report on a general appreciation of the manner in which the Convention is applied in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1 of the Convention. Giving effect to the Convention. With regard to Northern Ireland, the Committee notes with interest the adoption of the Ionizing Radiations Regulations (Northern Ireland) 2000 (Statutory Rule No. 375 of 2000) (IRR(NI)), which came into force on 8 January 2001, replacing the Ionizing Radiations Regulations (Northern Ireland) 1985. It further notes with interest the Government’s statement that the Health and Safety Commission, with the consent of the Minister of State for the Environment, Transport and the Regions of Northern Ireland, has adopted the Approved Code of Practice (ACoP) "Work with ionizing radiation" applicable to Great Britain and that Northern Ireland does not intend to produce a separate code of practice. The Committee notes in this respect that the ACoP has a special legal status and may be relied upon in a court of law and that employers, workers’ representatives and other interested parties are consulted during the development of an ACoP, in the same way as for regulations, in accordance with the Convention.

3. Articles 3, paragraph 1, and 6, paragraph 2. Permitted dose limits. With respect to Northern Ireland, the Committee notes with interest that Regulation 11 of the IRR(NI) 2000, together with paragraphs 1 and 2 of Schedule 4, Parts I and II, establishes dose limits for exposure to ionizing radiation which reflect the recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 to which the Committee referred in its 1992 general observation under the Convention. The Committee also notes with interest Regulation 8(5)(a) of the Ionizing Radiation Regulations 1999 (IRR) under which women workers, once the pregnancy is declared, shall not be exposed to more than 1 mSv per year during the remainder of the pregnancy, in accordance with the ICRP recommendations. With respect to Northern Ireland, the Committee notes with interest Regulation 8(5)(a) of the IRR(NI) 2000 providing the same protection for pregnant women as for Great Britain.

4. Article 7, paragraph 2. Young workers under the age of 16 years. With respect to the general prohibition of engaging workers under the age of 16 years in work involving ionizing radiations, as required by the Convention, the Committee notes the Government’s statement that it still intends, in consultation with the social partners, to introduce a general prohibition to engage workers under the age of 16 years in radiation work "when an appropriate legislative opportunity arises". The Committee, having previously urged the Government to take appropriate action to ensure the full application of this Article, hopes that this will be undertaken in the very near future and requests the Government to provide precise information in this respect in its next report. With respect to Northern Ireland, the Committee notes that Regulation 11 and Schedule 4, Regulation 11, Part I, Regulation 6 of the IRR(NI) provide that the effective dose for workers below the age of 16 shall not exceed 1 mSv in any calendar year. In this respect, the Committee recalls its comments on the legislation applicable to Great Britain and asks the Government to take appropriate action, in consultation with the social partners, towards the incorporation of a general interdiction to engage workers under the age of 16 years in radiation work in Northern Ireland, in conformity with this Article of the Convention. The Government is requested to provide information in this respect in its next report.

5. Article 13. Emergency work. The Committee notes with interest the adoption of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (Statutory Instrument No. 2975 of 2001), which entered into force on 20 September 2001. It notes the obligation on employers to prepare an emergency plan (Regulation 7). The Committee notes, however, that "emergency exposure" under Regulation 2 (interpretation) is defined as "to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods". The Committee recalls the indication 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 circumstance 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", thus exceptional exposure of workers may not be invoked to justify avoiding the "loss of valuable property". The Committee requests the Government to provide information in its next report on measures taken or envisaged to amend the definition of "emergency exposure" in order to fully apply the Convention. Furthermore, the Committee notes the obligation of medical surveillance to be carried out without delay in the event of a radiation emergency (Regulation 14(1)(d)) and that the competent authority, in this case, the Health and Safety Executive, shall be notified "without delay" (Regulation 13(1)). The Committee requests the Government to provide information in its next report on the interpretation of "without delay" in respect of medical examination and notification to the competent authority.

6. With respect to Northern Ireland, the Committee notes with interest the adoption of the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001, providing for employers’ obligation to prepare an emergency plan (Regulation 7). However, the Committee notes that "emergency exposure" under Regulation 2 (interpretation) is defined as "to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods". The Committee recalls the reference made above with respect to Great Britain and requests the Government to provide information on measures taken or envisaged to amend the definition of "emergency exposure". Furthermore, the Committee notes the obligation of medical surveillance to be carried out without delay in the event of a radiation emergency (Regulation 14(1)(d)) and that the competent authority, in this case the Health and Safety Executive, shall be notified "without delay" (Regulation 13(1)). The Committee requests the Government to provide information in its next report on the interpretation of "without delay" in respect of medical examination and notification to the competent authority.

7. The Committee is raising certain other points in a request addressed directly to the Government.

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

1. The Committee notes the comprehensive report of the Government and the information supplied in response to its comments. It notes in particular the Government’s indications on the extensive review of existing legislation which, as a result, had led to the adoption of a number of new regulations for the United Kingdom and Northern Ireland to implement the requirements set forth in the respective Directives of the European Community, which also give effect to the general principles set forth in Articles 7 to 19 of the Convention.

2. Article 2 of the Convention. Exclusion of specified categories of workers from the application. Referring to its previous comments, the Committee understands from the information contained in the Government’s report that workers employed in domestic and offshore premises are still excluded from the scope of application of the legislation. It therefore invites the Government to consider the possibility to include these groups of workers into the scope of application of the legislation at the occasion of the next revision of the legislation.

3. Article 5 of the Convention. Consultation on legislation. The Committee notes the Government’s indication as to the public consultations held between November 2001 and February 2002 in the framework of the revision of the respective safety and health regulations. It further notes the Government’s indication that the European Commission requires Member States to review this legislation every five years. The Committee, while taking due note of this information, requests the Government to supply information on any legislative changes which might occur and which might have an impact on the application of this Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee takes note of the Government’s report. It notes with interest the adoption of numerous regulations for the United Kingdom and Northern Ireland, which continue to be in conformity with the provisions of the Convention.

2. Article 2 of the Convention. The Committee notes the Government’s indication that domestic and offshore premises are excluded from the scope of application of the legislation. It further notes the Government’s indication that the legislation will be extensively reviewed in consultation with the Confederation of British Industry (CBI), the Trade Union Congress (TUC), the Health and Safety Commission (HSC) and the local authorities (LAs). The Committee therefore requests the Government to supply information on the development of the legislative process, and to supply copies of new regulations once they have been adopted. The Committee further requests the Government to indicate whether the review of the legislation also comprises the legislation applicable to Northern Ireland.

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

Further to its observation, the Committee would draw the Governments attention to the following points:

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes with interest that Regulation 11 of the Ionizing Radiations Regulations No. 3232 of 1999 (IRR 99), in conjunction with paragraphs 1 and 2 of Schedule 4, Part I and II to Regulation 11 establishes dose limits for exposure to ionizing radiation which reflect the Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 to which the Committee referred in its 1992 general observation under the Convention. However, with regard to exposure limits for women of reproductive capacity, paragraph 5 of Schedule 4, Part I to Regulation 11 of IRR 99 prescribes a limit on equivalent dose for the abdomen of a woman of 13 mSv in any consecutive period of three months. In this respect, the Committee would draw the Government’s attention to paragraph 13 of its 1992 general observation under the Convention where it referred to the 1990 Recommendations of the ICRP as well as to section 5.4.4 read together with 4.1.5 and 4.1.3 of the ILO code of practice of 1986 providing for special dose limits for pregnant women directly engaged in radiation work. It is explained that, although no special limits are provided on exposure and intake for the women concerned before pregnancy is declared, women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv per year. Once the pregnancy has been declared, the unborn child should be protected by applying a supplementary equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv for the remainder of the pregnancy. The Committee accordingly requests the Government to indicate the measures taken or contemplated to adapt the respective dose limits found in the national legislation to those of the Recommendations adopted by the ICRP in 1990 to ensure effective protection of women workers of reproductive capacity.

2. Article 8. The Committee notes that paragraph 60 of the Approved Code of Practice (ACOP) provides for restriction of exposure by means of control measures for workers who are not normally exposed to ionizing radiation in the course of their work in order to make it unlikely that such persons would receive an effective dose greater than 1 mSv per year or an equivalent dose which exceeds that specified as a dose limit for any other person in Schedule 4, which is also 1 mSv. The Committee understands from the above that the dose limit of 1 mSv, as indicated in the ACOP, is not intended as a fixed value, but rather an indicative value. It would therefore once again draw the Government’s attention to section 5.4.5 of the ILO code of practice of 1986 and the 1990 ICRP Recommendations, providing that the dose limits applied to workers not directly engaged in radiation work should be those applied to individual members of the public, namely 1 mSv. It points out that these dose limits are fixed values which should in no case be exceeded. The Committee requests the Government to clarify this provision of the ACOP to ensure that the established dose limits must be observed and cannot be exceeded so as to guarantee effective protection of non-radiation workers in the light of current knowledge.

With regard to "outside workers", the Committee notes the Government’s indication that the Ionizing Radiations (Outside Workers) Regulations, 1993 (IRR 93), have been incorporated into the Ionizing Radiations Regulations, 1999. Pursuant to the definition given in Regulation 2 of IRR 99, an outside worker means a classified person who carries out services in the controlled area designated by another employer. Hence, the exposure limits established for radiation workers are also applicable to this category of workers.

3. Article 13. Occupational exposure during and after an emergency. The Committee notes the Government’s indication that the legislative work on the Radiation (Emergency Prepared and Public Information) Regulations has been delayed, but that it is hoped to make the regulations later in the year 2000. The Committee requests the Government to indicate whether the above regulations have been adopted in the meantime and, if that is the case, to supply a copy of them to the ILO.

4. Article 14. Alternative employment. The Committee notes the information supplied by the Government in reply to its previous comments concerning Article 14 of the Convention.

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

The Committee notes with interest the adoption of the Ionising Radiations Regulations No. 3232 of 1999 (IRR 99), which replace the Ionising Radiations Regulations of 1985, except for the regulation 26 on special hazard assessments. It further notes with interest the code of practice designed to give guidance on the above Regulations, which has been approved by the Safety and Health Commission (HSC) with the consent of the Minister of State for the Environment, Transport and the Regions and came into force on 1 January 2000. In this respect, the Government indicates that the Approved Code of Practice (ACOP) has a special legal status and may be relied upon in a court of law. With regard to regulations on work with ionizing radiation in Northern Ireland, the Committee notes the Government’s indication that regulations equivalent to the Ionizing Radiations Regulations No. 3232 of 1999 are presently in preparation. The Committee hopes that the revision of the Regulations on Ionizing Radiations 273/1985 (Northern Ireland) will be accomplished in the near future in order to guarantee equivalent levels of protection in the whole country. It requests the Government to provide information, in its next report, of any progress achieved in this respect.

Article 7, paragraphs 1 and 2, of the Convention. The Committee notes that, by virtue of regulation 19, paragraph 2(c), in conjunction with its paragraph 3, young persons below the age of 18 years are precluded from employment for work involving harmful exposure to radiation, except where it is: (i) necessary for training; (ii) the young person will be supervised by a competent person; and (iii) any risk will be reduced to the lowest level that is reasonable and practicable. It further notes that Regulation 11, paragraph 1 of the IRR 99, in conjunction with paragraph 3, of Schedule 4, Part I, to Regulation 11, fixes the dose limits of exposure to ionizing radiations for trainees aged under 18 years at 6 mSv per year. However, with regard to possible exposure to ionizing radiations, the Committee recalls that Article 7 of the Convention distinguishes between young persons under the age of 18 years (Article 7, paragraph 1(b))and workers under the age of16 (Article 7, paragraph 2). According to Article 7, paragraph 1(b), of the Convention read in the light of the explanations given in paragraphs 4.1.5 and 4.3.1.(b) of the ILO code of practice on radiation protection of workers (ionizing radiation), the dose limit of exposure to ionizing radiations for young persons under 18 years of age is three-tenth of the dose limits established for radiation workers, thus 6 mSv per year. While Article 7, paragraph 2, of the Convention provides for a general interdiction to engage young persons under the age of 16 in work involving exposure to ionizing radiations, the above dose limit applies only to young persons between the age of 16 and 18. In its report, the Government indicates that the IRR 99 implements the European Directive 96/29/EURATOM concerning basic safety standards and provides a high level of protection for workers under 16 whilst allowing them to take part in approved work experiences schemes, which play an invaluable role in preparing young people for the world of work, and at the same time ensures that they are not able to work in industrial undertakings which would result in significant exposure to ionizing radiation. Furthermore, the Government believes that the protection provided by IRR 99 and MHSWR 99 is sufficient to provide adequate protection for young persons under the age of 16. The Government however recognizes that the actual legislation in force does not provide a complete interdiction to engage workers under the age of 16 in work involving ionizing radiations as required by the Convention. The Government will therefore reconsider its position and consult with the social partners on the question of a general interdiction. The Committee, taking due note of this information, urges the Government to take appropriate action, in consultation with the social partners, towards the incorporation of a general interdiction to engage workers under the age of 16 in radiation work into national legislation, in conformity with this Article of the Convention.

The Committee raises certain points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. Further to its observation, the Committee would like to draw the Government's attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government's indication to the effect that the revised European Basic Safety Standards Directive (96/92/EURATOM), adopted on 13 May 1996, reflects the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) to which the Committee referred in its 1992 general observation under the Convention. Article 55 of the EURATOM Directive 96/92 provides for its implementation at national level by 13 May 2000. In this respect, the Consultative Document, containing proposals to revise the Ionizing Radiations Regulations, has been issued by the Health and Safety Commission in 1998. The Committee further notes that the exposure level indicated in article 9 of this EURATOM Directive and those indicated in Schedule 4B of the Consultative Document are in conformity with the new permissible levels of 20 mSv/year, averaged over five years, but not exceeding 50 mSv in any single year, as recommended by the ICRP for exposed workers. The Committee hopes that the implementing legislation will be in force by the due date for implementation of the Directive, 13 May 2000. The Committee accordingly requests the Government to supply a copy of the implementing legislation as soon as it becomes effective.

2. Article 8. The Committee notes that according to Schedule 4B, No. 1, of the abovementioned Consultative Document, the dose limit of 20 mSv/year applies to any employee. Thus, no distinction is made between workers directly exposed to ionizing radiation and those workers not directly engaged in radiation work. In this respect, the Committee would like to draw the Government's attention to section 5.4.5 of the ILO code of practice of 1986 and to the 1990 ICRP Recommendations, providing that the dose limits applied to workers not directly engaged in radiation work should be those applied to individual members of the public, which is 1 mSv/year. The Committee further notes that the Government had already indicated in its 1986 report that the dose limit for workers not directly engaged in work with ionizing radiation is one-tenth of the limit applicable to those workers who do work with ionizing radiation. According to the previous reports of the Government, this limit remained unchanged. One-tenth of the maximum permissible level (20 mSv/year) would be 2 mSv/year and thus two times higher than the dose limit recommended by the 1990 ICRP Recommendations (1 mSv/year).

As concerns the category of workers who are classified as "persons employed by an outside undertaking which undertakes activities of any sort in the controlled area of any operator other than the controlled area of the employing outside undertaking", so-called outside workers, the Ionizing Radiations (Outside Workers) Regulations, 1993, and the "Approved Code of Practice -- Protection of outside workers against ionizing radiations", 1994, implementing the European Directive 90/641/EURATOM, do not contain any new provisions on dose limits. The Committee therefore asks the Government to indicate the measures taken or envisaged in order to apply the dose limits for public exposure also to workers not directly engaged in radiation work, as recommended by the ICRP in 1990.

3. Article 13. Occupational exposure during and after an emergency. The Committee notes the information supplied by the Government on the incorporation of the revised EURATOM Basic Safety Standards Directive (96/92/EURATOM) into national legislation as well as the ongoing legislative work on the Radiation (Emergency Preparedness and Public Information) Regulations. The Committee hopes that the Government will soon be in a position to report on progress made towards the adoption of the new Regulations. It requests the Government to supply a copy of the relevant Regulations as soon as adopted.

4. Article 14. Alternative employment. The Committee notes the Government's indication that workers who are forced to give up their established occupation on legitimate health grounds have access to training and placement services and social security benefits available to all jobseekers. The Committee would ask the Government to provide additional information whether these workers get special assistance in finding an alternative employment.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report in reply to its previous comments concerning the application of Article 11, paragraph 1, of the Convention. The Government indicates that there are no measures envisaged by the Government to ensure pre-assignment medical examinations for workers significantly exposed to substances listed in Schedule 6 (formerly Schedule 5) of the Control of Substances Hazardous to Health Regulations 1999 (COSHH). It adds that where employees are exposed to substances listed in column 1 of Schedule 6 and engaged in a process specified in column 2 of Schedule 6, those employees are automatically and immediately subject to health surveillance, to include medical surveillance, under the supervision of an Employment Medical Adviser (EMA) or appointed doctor. The frequency and nature of the surveillance is directed by the EMA or doctor but it must not exceed 12 months. If an EMA or appointed doctor certifies that such an employee should not be engaged in work which exposes him or her to that substance, or that he or she only be so engaged under specified conditions, the employer must comply. The Committee once again recalls that the medical supervision called for under this Article of the Convention includes pre-assignment medical examination, as determined by the competent authority. The Committee recalls that the pre-assignment medical examination would be the appropriate way for the EMA or appointed doctor to determine and certify whether an employee should not be engaged in work which exposes him or her to that substance, or that he or she should only be engaged under specified conditions. The Committee would once again point out that a pre-assignment medical examination would avoid the situation whereby an employee may take up such an assignment only to be certified medically unemployable after the periodic medical surveillance, even if the frequency and nature of such surveillance is directed by the EMA or doctor and that it must not exceed 12 months. The Government is requested to provide indications on the measures envisaged in this regard.

2. Further to its previous comments regarding the situation of noise and the ratification of the Convention in that respect, the Committee notes with interest from the Government's report that the situation continues to be under review, and that the Health and Safety Executive (HSE) is taking forward a review of the relevant unratified ILO Conventions and the ratification of this Convention in respect of noise will be considered in the HSE's prioritized rolling programme for 1998-2001. The Government is requested to continue to keep the Office informed of any progress made in this regard in conformity with Article 2, paragraph 2, of the Convention.

3. Further to its previous comments concerning the situation of vibration and the ratification of the Convention in that respect, the Committee notes with interest that in 1994 the HSE published guidance on hand-arm vibration for managers, technical staff and occupational health professionals which describes the hazard and effects, and gives advice on control programmes, vibration reduction, measurement and health surveillance. This has been supplemented by a book of case studies of methods of reducing vibration, by a range of simple leaflets and by concentrating in 1998/99 on hand-arm vibration in a major awareness campaign on the management of health risks. The HSE also issued simple guidance in 1996 on the risks of whole-body vibration and what employers can do to protect their workers. The Committee also notes with interest the information that the Government continues to keep its position towards the Convention under review with regard to ratification in respect of vibration and that such ratification will be considered in the HSE's prioritized rolling programme for 1998-2001. The Committee requests the Government to continue to keep the Office informed in this respect in conformity with Article 2, paragraph 2, of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its latest report. It notes in particular the Government's indication that it plans to revise the national legislation as necessary in order to implement the European Directive 96/92/EURATOM and that in this context a Consultative Document was published in 1998 containing proposals for revised Ionizing Radiations Regulations.

1. Article 7, paragraph 2. In its previous comments, the Committee had drawn the Government's attention to the lack of regulatory or legislative provisions expressly prohibiting that persons under 16 years of age are engaged in work involving exposure to ionizing radiations. In this regard, the Government had indicated that the explicit prohibition would be incorporated in the context with the revision of the Ionizing Radiations Regulations, 1985. In its last report the Government had indicated that, as the Basic Safety Standards Directive (96/92/EURATOM) did not expressly forbid young people under the age of 16 to work with ionizing radiations, the draft legislation only provides for a reduced dose limit of 1mSv/year. According to the Government, this ensures that young persons under the age of 16 will not be able to work in industrial undertakings which would result in significant exposure to ionizing radiation and this does however allow them to take part in approved work experience schemes which play an invaluable role in preparing young people for the world of work. The Committee therefore recalls once again that Article 7, paragraph 2, of the Convention provided for a general interdiction to engage young persons under the age of 16 in work involving ionizing radiations. The Committee trusts that the Government will take appropriate action towards the incorporation of a general interdiction to engage workers under the age of 16 in radiation work.

2. The Committee raises certain points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. With reference to its 1992 General Observation on this Convention and its previous direct request, the Committee notes the Government's information in its report that preparations have commenced for a revision of the Ionizing Radiation Regulations 1985, and that dose limits under these Regulations will be amended when the 1990 Recommendations of the International Commission on Radiological Protection are incorporated into a revised Euratom Directive likely to be adopted during 1995. The Committee notes with interest that pending the revision of the 1985 Regulations, the Health and Safety Commission has approved the Code of Practice (Part 4) entitled "Dose limitations - Restriction of exposure", providing additional guidance on Regulation 6 of the Ionizing Radiation Regulations 1985, on appropriate actions to keep doses as low as reasonably practicable and to control doses received by individual workers, as an interim measure. The Committee hopes that the Government will soon be in a position to provide information on the provisions adopted, in the light of the 1990 Recommendations of the International Commission on Radiation Protection (ICRP Publication No. 60), and the 1994 International Basic Safety Standards, and that it will supply a copy of the Regulations as amended.

2. Article 7, paragraph 2. In its previous direct request, the Committee had once again drawn the Government's attention to the lack of regulatory or legislative provisions expressly prohibiting persons under 16 years of age from being engaged in work involving ionizing radiations, and asked for information on progress made in this regard. The Committee notes with interest the assurance of the Government in its report that the explicit prohibition of the employment of persons under 16 years of age in work involving ionizing radiations will be incorporated into the revision of Ionizing Radiation Regulations 1985, and looks forward to learning of the adoption of that amendment.

3. Article 8. The Committee notes with interest the adoption and coming into force of the Ionizing Radiations (Outside Workers) Regulations 1993, which provide for the operational protection of outside workers exposed to the risk of ionizing radiation during their activities in controlled areas. The Committee hopes that the Government will provide information in its next report on the application of these Regulations in practice.

4. Emergency exposure situations. In its previous direct request the Committee noted that there were no special dose limits set for accident and emergency situations in the Ionizing Radiation Regulations 1985, and asked for an indication of steps taken in relation to the matters raised in paragraphs 16 to 27 and 35(c) of its 1992 General Observation, concerning the limitation of occupational exposure during and after an emergency. The Committee notes the Government's information in its report that the conclusions of a currently ongoing revision of its legislation concerning accident preparedness will be incorporated into the revision of the Ionizing Radiation Regulations 1985. It also notes that this revision will take into account the 1990 Recommendations of the ICRP, the 1994 International Basic Safety Standards, and the Euratom Basic Safety Standards Directive when adopted, and will set out different permissible levels of exposure for practice and for emergency situations. Recalling that protection against accidents and emergencies should encompass the justification of practices which may give rise to emergencies, the optimization of protection during accidents and emergency work, and a strict definition of emergency tasks for which normal dose limits may be exceeded, the Committee hopes that the Government will provide information on the provisions adopted and that it will supply a copy of the Regulations as amended.

5. The provision of alternative employment. With reference to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 General Observation on the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

6. The Committee notes the indication in the Health and Safety Commission Statement on Radiation Protection in the United Kingdom that a report on trends in occupational exposure since 1986, based on CIDI data, was to be published in the summer of 1993. The Committee requests the Government to provide a copy of this report.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous comments concerning the application of Article 11, paragraph 1, of the Convention, the Committee noted that regulation 11 of the Control of Substances Hazardous to Health Regulations, 1988, provided for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee recalled, however, that this Article of the Convention also called for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the reiteration in the Government's latest report that the regulations specific to work with asbestos, lead and chemicals require pre-assignment medical examinations. It once again requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the other substances listed in Schedule 5 of the Regulations so as to ensure that, in cases where it might not be medically advisable for a worker to be engaged in work involving exposure to certain hazardous substances (regulation 11(6)), the worker will not be placed in a situation where he or she will have to take up such an assignment until the periodic examination is held as much as one year later (regulation 11(5)).

2. The Committee notes with interest from the Government's report the adoption of the Noise at Work Regulations (Northern Ireland), 1990, implementing the EC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC). In its previous comments, the Committee had noted the Government's indication in its report for the period ending 30 June 1989 that it hoped that the implementation of this legislation, which came into force in Great Britain on 1 January 1990, would enable it to ratify the Convention in respect of noise. In its latest report, the Government has indicated that it continues to keep its position towards the Convention under review with regard to ratification in respect of noise. The Committee looks forward to learning of further developments in this regard.

3. With reference to its previous comments concerning vibration, the Committee notes the indication in the Government's latest report that the Health and Safety Executive intends to publish advisory guidance on hand/arm vibration for managers, technical staff and health professionals, accompanied by leaflets for employers and employees. This information would explain the hazards involved, the measures for minimizing risk, the clinical effects of the disease and measures for monitoring worker exposure. In its report, the Government expressed its hope that the industry would use the non-statutory guidance as a framework to develop more specific advice. The Committee looks forward to learning of further progress along these lines giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2, of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes with satisfaction from the Government's report the adoption and entry into force on 11 April 1991 of the Control of Substances Hazardous to Health Regulations (Northern Ireland), 1990, which introduce a comprehensive and systematic approach to the control of hazardous substances at work and, inter alia, set forth maximum exposure limits and provide for health surveillance, including periodic medical and biological monitoring in prescribed circumstances and the monitoring of exposure to substances hazardous to health by persons having the necessary information, instruction and training. Thus, these regulations provide better legislative backing in Northern Ireland for the implementation of Articles 8 and 15 of the Convention in respect of air pollution.

The Committee is raising other points in a request addressed directly to the Government.

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

I. Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention. With reference to its General Observation under this Convention, the Committee notes with interest the indication given in the Government's report for the period ending 30 June 1990 that the current dose limits set out in the Ionising Radiations Regulations of 1985 will be amended when the new recommendations made by the International Commission on Radiological Protection have been incorporated into a revised Euratom Directive. The Committee hopes that the necessary action will soon be taken, in accordance with Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, to bring national legislation concerning the protection of workers against ionising radiations, including limits of maximum permissible exposure to ionising radiations into conformity with current knowledge as embodied in the 1990 recommendations of the ICRP, and that the Government will indicate in its next report the progress made in this regard.

II. In its previous direct requests, the Committee had drawn the Government's attention to the fact that no regulatory or legislative provision existed to prohibit persons under 16 years of age from being engaged in work where they would be exposed to ionising radiations, as required by Article 7, paragraph 2. The Government has again stated that, although no specific measures have been taken in this regard, children under 16 years of age cannot be employed in industrial undertakings involving ionising radiations. The Committee notes the Government's indication that an express prohibition of the employment of persons under 16 years of age in work involving ionising radiations will be incorporated into the Ionising Radiations Regulations when they are revised to take into account the new ICRP recommendations. The Committee trusts that the necessary measures will be taken in the near future in order to bring legislation into conformity with this Article of the Convention and requests the Government to supply information in its next report on the progress made in this regard.

III. As concerns its General Observation of 1987 concerning special measures and dose limits fixed for intervention in abnormal situations, the Committee notes with interest from Annex I to the Report of the Working Group on Ionising Radiations for 1987-88 entitled "Report on Emergency Dose Limitation in Radiation Accidents" that worker emergency dose levels of up to 100 mSv and, for life-saving actions by volunteers, a maximum of 0.5 Gy (approximately 500 mSv) are prescribed in emergency plans at nuclear installations.

The Committee also notes the indication in the Working Group's Report that there are no special dose limits set for accident or emergency situations in the Ionising Radiation Regulations; the annual limit of 50 mSv for workers remains the standard. Paragraph 13 of Annex I states that "plans may need to include a more careful form of words defining the circumstances in which such worker emergency dose levels could be allowed". In this regard, the Committee would draw the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention concerning the limitation of occupational exposure during and after an emergency. The Government is requested to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the General Observation, in particular, as concerns paragraph 35(c).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In its previous comments concerning the application of Article 11, paragraph 1 of the Convention, the Committee had noted that, according to comments made by the Trades Union Congress in 1985, medical supervision of workers was not adequately carried out in the United Kingdom and that the existing legislation only affected a small minority of the national workers. The Committee had further noted that, while regulations existed for medical supervision as concerns air pollution in some industries, no generally applicable procedures existed to cover all workplaces which might give rise to occupational hazards due to air pollution. The TUC had indicated that the then draft Regulations concerning the control of substances hazardous to health apparently contained the provisions necessary for the effective application of Article 11. With reference to its observation of this year, the Committee has noted the adoption of these regulations. It notes with interest that regulation 11 provides for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee would note, however, that this Article of the Convention also calls for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the indication in the Government's report concerning regulations specific to work with asbestos, lead and chemicals which require pre-assignment medical examinations. It requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the substances listed in Schedule 5 of the Regulations so as to ensure that when it is not medically advisable for a worker to be engaged in work involving certain exposure to hazardous substances, in accordance with regulation 11(6), the worker will not be obliged to take up such an assignment until the periodic examination is held as much as one year later, in accordance with regulation 11(5).

2. The Committee notes with interest the Government's indication in its report that the legislation necessary to meet the requirements of the EEC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC) came into force in Great Britain on 1 January 1990 and that it is hoped that the implementation of this legislation will make it possible to ratify the Convention in respect of noise. The Committee looks forward to learning of further developments in this regard and requests the Government to continue to supply information on any measures taken to implement the EEC Directive in Northern Ireland, in accordance with Article 2, paragraph 2 of the Convention.

3. With reference to its previous comments concerning vibration, the Committee notes that the Government, while maintaining its position that its knowledge of the risks related to vibration and the precautions needed are insufficient to warrant the legislation required to satisfy the requirements of the Convention, has adopted the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations, 1988, the Agriculture (Field Machinery) Regulations (Northern Ireland), 1985 and, following the adoption of the British Standards 6842:1987 on assessment of vibration exposure, is developing guidance on how risks from hand/arm vibration should be controlled. The Committee looks forward to learning of further progress along these lines in giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2 of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with satisfaction from the Government's report the adoption and entry into force on 1 October 1989 in Great Britain of the Control of Substances Hazardous to Health (COSHH) Regulations 1988, which introduce a comprehensive and systematic approach to the control of hazardous substances at work, and, inter alia, set forth maximum exposure limits and provide for health surveillance, including periodic medical and biological monitoring in prescribed circumstances and the monitoring of exposure to substances hazardous to health by persons having the necessary information, instruction and training. Thus, these regulations are to provide better legislative backing for the implementation of Articles 8 and 15 of the Convention in respect of air pollution.

The Committee notes the Government's indication in its report that the Control of Substances Hazardous to Health (Northern Ireland) regulations would be made in 1990 and that these regulations would mirror the provisions contained in the Great Britain COSHH Regulations. The Government is requested to indicate whether the Northern Ireland Regulations for the Control of Substances Hazardous to Health are now in force and to transmit a copy to the Office as soon as the Regulations have been adopted.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee has taken note, from the Government's report, of the adoption of the Ionising Radiations Regulations of 1985, S/No. 133, and the Code of Practice for the protection of persons against ionising radiation arising from any work activity, 1985.

Article 7, paragraph 2, of the Convention. The Committee recalls that in previous direct requests it had drawn the Government's attention to the fact that no regulatory or legislative provision existed to prohibit persons under 16 years of age from being engaged in work where they would be exposed to ionising radiations. The Government's previous reports indicated that in practice no persons under 18 years of age were employed in such work and the Committee had expressed the hope that a future revision of the Code or Regulations would include an express prohibition to employ persons under 16 years of age, in compliance with this paragraph of the Convention. The Committee notes that neither the newly adopted Code nor the new Regulations prohibit persons under the age of 16 from engaging in work involving exposure to ionising radiations as required by the Convention. Please indicate any measures taken or envisaged to expressly lay down such a prohibition.