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

The Commmittee notes 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. In previous comments, the Committee noted that only ionising radiations from medical and dental use had been subject to control, and that no other carcinogenic substance had been prohibited or made subject to control. However, the Government had indicated in 1988 that the occupational health and safety sector of the Ministry of Labour was being restructured, that consultations were taking place on a repeal and re-enactment of the Factories Act and that with the completion of this exercise it was hoped that other areas of occupational exposure would be covered by control and supervision. In its 1989 request, the Committee listed a number of measures which it hoped would be taken as a result of these developments to give effect to the Convention.

The Committee noted from the Government's latest report that, while it was still expected that on the completion of the restructuring exercise of the Occupational Health and Safety Division, greater effect would be given to the Articles of the Convention, particularly to determine carcinogenic substances, etc., and protection against exposure to these substances or agents; no substantial progress had been made in these areas.

The Committee requests the Government to supply details concerning the restructuring, its effect on the Convention as well as developments concerning the repeal and re-enactment of the Factories Act. The Committee again expresses the hope that the Government will soon be in a position to report on concrete steps taken to give effect to the provisions of the Convention.

In this connection, the Committee again draws attention to the following measures to be taken in consultation with the most representative organisations of workers and employers concerned, as required by Article 6(a) of the Convention.

In particular, measures should be taken in the near future, in accordance with Article 1, paragraph 1, to determine carcinogenic substances or agents to which occupational exposure should be prohibited or made subject to authorisation or control, and those to which other provisions of the Convention should be applied. In making such determinations the Government may wish to take into account the lists of carcinogenic substances and agents appearing in Appendix 1 of the ILO manual "Occupational cancer: Prevention and control" (ILO, Occupational Safety and Health Series (No. 39)) and the IARC Monographs Supplement 4, published by the International Agency for Research on Cancer. Furthermore, the Committee requests the Government to indicate the progress made or envisaged to apply the United Kingdom revised versions of the Code of Practice against Ionising Radiations in order to ensure that consideration is given to the latest information in the field of carcinogenic substances (Article 1, paragraph 3).

Measures should also be taken to protect workers against the risks inherent in exposure to carcinogenic substances so determined. They should provide for the replacement of these substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure (Article 2 of the Convention); the protection of workers against the risks of exposure and the establishment of an appropriate system of records (Article 3); the information of the workers concerned on the dangers involved and the measures to be taken (Article 4); and the medical examinations and biological and other tests and investigations for exposed workers (Article 5).

The Committee hopes that the next report will indicate progress made in this regard.

2. In its previous comments, the Committee also had referred to additional measures to be taken in respect of ionising radiations for medical and dental use to give effect to Articles 1, paragraph 3, and 5 of the Convention. The Committee noted from the Government's report for 1989 that no progress had been made in these fields. It again expresses the hope that the Government will soon be in a position to report progress in applying the 1978 revised United Kingdom Code of Practice for the Protection of Persons against Ionising Radiations from Medical and Dental Use and the more general 1985 revised United Kingdom Code of Practice against Ionising Radiations, and in ensuring that workers shall be provided with medical examinations during the period of their employment and thereafter as are necessary to evaluate their exposure and the state of their health in relation to the occupational hazards.