Chemical Workers Industrial Union
CWIU Submission on National Nuclear
Regulator Bill and Nuclear Energy Bill

For Portfolio Committee on Minerals and Energy Affairs
23 February 1999

1. INTRODUCTION
2. ONE SET OF STANDARDS FOR ALL WORKERS EXPOSED TO IRRADIATION IRRESPECTWE OF THEIR WORKPLACE
3. CLEAR MEASURES FOR CO-OPERAIWE GOVERNANCE
4. PARTICIPATORY STRUCTURES TO~FACILIATE INVOLVEMENT OF CIVIL
SOCIETY
5. DISCLOSURE OF INFORMATION

1. Introduction
The Chemical Workers Industrial Union (CWIU) appreciates the opportunity to
put forward a submission regarding the National Nuclear Regulator Bill, 1999
and the Nuclear Energy Bill 1999.

The Chemical Workers Industrial Union represents workers who are exposed to radiation hazards. These include members at the Atomic Energy Corporation and those who in the course of their work are at risk.

We fully endorse the submission of the National Union of Mineworkers and wish to be associated with their recommendations for the way forward.

We would briefly like to highlight the following points which we believe are crucial for changing the approach to the management of nuclear activities in our country and to the overall health and safety of workers in South Africa


2. One set of standards for all workers exposed to irradiation irrespective of their workplace
We believe that the dangers from exposure to radioactive material is the same for all workers. We strongly endorse the submission made by the National Union of Mineworker's that the creation of a separate jurisdiction for the inspectorate within the Department of Minerals and Energy could lead to differential standards for the mining and other sectors. We believe that this proposal within the Bill undermines the Department of Labour's objective of developing an overall national health and safety policy and strategy. In 1996 the Minister of Labour stated that: "The provision of an efficient occupational health and safety service in South Africa including compensation for injured and diseased workers, is severely hampered by the lack of an overall national policy and implementation strategy in this field." It is further hampered by the fragmentation of responsibility across various governmental departments. The proposal within the bill will further exacerbate rather than alleviate this problem.

3. Clear measures for co-operative governance
We wish to express our disappointment with the way in which the Bill has translated the commitment contained within the White Paper on Energy. There the bill acknowledges that inadequacies of past nuclear policy formulation processes and pledges that 1'transparency and participation in nuclear sector governance will be ensured to restore public confidence in government's nuclear energy policies". We do not believe that this is carried through in the Bill. Already considerable confusion exists in the regulation of workers health and safety with cross cutting responsibilities between the Departments of Labour, Minerals and Energy, Health, Transport. We therefore support strongly the NUM submission that the Bill must be redrafted to explicitly deal with the manner in which the nuclear industry will comply with environmental legislation.

As stated within the NUM submission recent cases of radioactive scrap metal emphasize the need for co-ordination between departments exercising regulatory and compliance functions with regard to the protection of workers' health and safety.

4. Participatory structures to facilitate involvement of civil society
Despite the promise made in the White Paper of "transparency and participation in nuclear sector governance", this is not given effect in the Bills. No provision is made for the establishment of interested parties which could advise the National Regulator on the manner in which it performs its functions. The legislation should be redrafted to create such a proper
advisory board for stakeholder participation and thus carry out the promise of the white paper which promises "structured participation".

5. Disclosure of information
We are most concerned about the provision concerning disclosure of information. We believe that this goes against the provision of Section 32 of the Constitution and those envisaged in the Open Democracy Bill. It also contradicts the provision of the National Environmental Management Act 1998 which provides for the protection of "whistle blowers". Since the Environmental Management Act defines pollution to include any change in the environment caused by inter alia radioactive or other waves, certain rights of disclosure have already been legislated. The bills must be redrafted to provide for coherence and adherence to other legislation.