Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In its previous comments the Committee noted the Government's indication that it intended to take into consideration the Committee's comments in the revision of the Labour Code (Act No. 137 of 1981) and of Orders No. 55 of 1983 and No. 28 of 1982 and that a review of carcinogenic substances and of asbestos was under way. The Committee notes the Government's indication in its latest report that the tripartite committee responsible for the revision of the Labour Code has added more carcinogenic substances to the list of 28 substances annexed to Order No. 55 of 1983 (protective measures to ensure safety and health in the workplace) on the basis of the latest information and data issued by the Ministry of Health and by the ILO. The Committee hopes that the Government will soon be able to report on the adoption of the new Labour Code as well as on the revision of annex 6 of Order No. 55 of 1983 to ensure the application of Article 1, paragraphs 1 and 3, of the Convention.

2. The Committee notes that in relation to the application of Article 2 of the Convention, the Government refers to section 115 of the Labour Code under which the employer shall take measures to ensure safety and health in the workplace as regards, inter alia, chemical hazards, the conditions and precautions being determined by Ministerial Order. The Committee once again expresses the hope that the Government will provide information on the specific measures taken with a view to reduce the number of workers exposed and the duration and degree of exposure in conformity with Article 2, paragraph 2, of the Convention.

3. As concerns the application of Article 3 the Committee notes the Government's indication that Order No. 36 of 1982, provides for the procedure for reporting occupational diseases and accidents, in establishments of more than 15 workers, on forms to be filled in under the supervision of the establishment's physician. The Committee would recall that this Article of the Convention provides for measures to protect workers against the risk of exposure and for an appropriate system of records; such a system is not limited to workers already suffering from an occupational disease nor is it limited to establishments employing more than 15 workers as the Convention applies to all workers who might be exposed in the course of their work. The Committee hopes that the Government will indicate the measures taken for the establishment of an appropriate system of records for the workers concerned.

4. The Committee further notes that in relation to the application of Article 4 of the Convention, the Government refers to protective measures, labour inspection and periodic examinations. The Committee hopes that the Government will provide specifics on the steps taken to provide information to workers who have been, are, or are likely to be exposed on the dangers of carcinogenic substances or agents and on the measures to be taken.

5. The Committee notes that the Government refers again to section 67 of Act No. 79 concerning insurance against employment injuries which provides for continued medical treatment during one year after the employment, for a worker who has acquired an occupational disease; the Government states that given the general terms of this provision no distinction is made as to the categories of workers nor the different diseases. The Committee would recall once more that Article 5 of the Convention, provides for medical examinations or biological or other tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances and not only for those who have thereby acquired an occupational disease. The inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after the worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological or other tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

6. The Committee hopes that the Government will report in the near future on progress made in the application of the Convention.

[The Government is asked to report in detail in 1999.]