Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee took note of the statement in the Government's first report for the period ending 15 October 1979 that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's first report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

3. The Committee would call the Government's attention to its general observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionizing radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionizing radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.