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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes the reference to regulation 5 of the Regulations on the Prevention and Control of Occupational Cancer enacted as Supreme Decree No. 039-93-PCM of 11 June 1993. Regulation 5 lays down some of the obligations of employers, particularly that of assessing the risks to which workers may be exposed. The Committee recalls that the requirement set forth in Article 1, paragraphs 1 and 3, of the Convention concerns the periodical determination of the carcinogenic substances and agents to which occupational exposure must be prohibited or made subject to authorization or control. This obligation lies specifically with the Government. The Committee therefore again asks the Government to state whether the annex to Supreme Decree No. 007-93-TR establishing the list of carcinogenic and co-carcinogenic substances and agents, has been reviewed by the National Health Institute, as prescribed by section 22 of Supreme Decree No. 039-93-PCM, and to indicate the sources of information used in the review.

Article 3. The Committee notes the information supplied by the Government in response to the previous direct request, concerning the particulars that employers must submit to the National Health Institute pursuant to section 12 of Supreme Decree No. 039-93-PCM. The Committee also notes document No. 502-001-TR/OAJ sent by the Ministry of Labour and Social Welfare to the National Health Institute seeking information on the application in practice of the periodical check-ups of workers exposed to carcinogenic agents. The Committee recalls that Article 3 of the Convention requires an appropriate system of records to be set up by the Government. It asks the Government to provide information on the existence of such a system, indicating the number and nature of the diseases recorded, their causes and any contraventions reported. The Committee also asks the Government to provide a copy of the report it is to receive from the National Health Institute in response to the instructions sent by the Ministry.

Article 5. The Committee notes the information provided by the Government in response to its previous direct request. The Committee recalls that this Article of the Convention requires workers to be provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. While noting the duties assigned to the National Health Institute, the Committee asks the Government to indicate whether the obligation to carry out the medical examinations prescribed by this Article is established in any law or regulation.

Article 6, paragraphs (a) and (c), and Part IV of the report form. The Committee asks the Government to specify the appropriate inspection services provided for the purpose of supervising the application of the Convention, or to indicate how it satisfies itself that appropriate inspection is carried out, in accordance with paragraph (c) of Article 6. The Committee also requests the Government to provide samples of reports showing how the obligations imposed on employers by sections 5 to 16 of Supreme Decree No. 039-93-PCM are supervised and to indicate the penalties for failure by employers to comply with these obligations.