Legal and Institutional Frameworks Addressing Occupational Radiation and Protection of Workers in Nuclear Power Plants and Other Related Work Places in Nigeria

Abstract

This paper foregrounds that in labour law and labour relations, the main focus of the law and policy drivers is to ensure occupational health and safety. This includes the promotion and maintenance of safe working environment ensuring capacity building and sound employee’s health; improvement of working environment; development of work cultures and organizations to support health and safety in work places. Government makes laws that direct companies and employers to provide a safe working environment for their employees. This is intended to identify hazardous materials, conditions and practices at workplaces. Such laws will also assist employers and workers to reduce or eliminate the risks factors of their job. Nigeria over the years have enacted different legislations that provided for occupational safety measures for radiation protection in nuclear power plant industries. This paper examines the different legislation that makes provision for the Occupational Radiation Protection of Workers in Nuclear Power Plants in Nigeria. Though, the Constitution of the Federal Republic of Nigeria, 1999 in Section 17(3)(c), specifically provides that, the State shall direct its policy towards ensuring that the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused. Major legislation enacted to provide for the safety and health of Nigerian workers generally and in Nuclear Power Plants in particular includes: the Factories Act 2004, Employees Compensation Act, 2010, Nigerian Minerals and Mining Act, 2007, Nigeria Atomic Energy Commission Act enacted 27 August, 1976, Nigerian Nuclear Safety and Radiation Act, 1995, National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, of 31 July, 2007, the Petroleum Industry Act, of 16 August, 2021. Other related laws that seek to give guidance to the implementation of occupational radiation protection of workers in Nigeria are: Nigeria Basic Ionising Radiation Regulations, 2003, Nigerian Radiation Safety in Nuclear Medicine Regulations, 2006, Nigerian Radiation Safety in Nuclear Well Logging Regulation, 2008, the Nigerian Radiation Safety in Naturally Occurring Radioactive Materials (NORM) Management Regulations, 2008, The National Policy on Occupational Safety and Health, 2006 and the Nigerian Minerals and Mining Regulation 2011. The paper takes into consideration a review of the provisions of the major legislation that established Institutional Frameworks or bodies that implement and give directions as to the proper functioning of laws that addresses issues of safety and protection of workers against the effects of radiation in Nuclear Power Plants in Nigeria and other related work places. For example, the Mines Inspectorate Department created by the Nigerian Minerals and Mining Regulation, 2011, the Board of the Nigeria Atomic Energy Commission and the Nigeria Nuclear Regulatory Authority, and the Governing Board established by the Nuclear Safety and Radiation Protection Act. These institutions assist in giving policy directions, execute policy directives and ensure the efficacies of these laws. This paper concludes that Nigeria has enacted laws that provided for institutions with mandates to address issues of Occupational Radiation Protection of Workers in Nuclear Power Plants in accordance with international best practices.

Keywords: Legal, Framework, Occupational, Power, Nigeria.

 

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