Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and the comments formulated by CONFINDUSTRIA. Further to its previous comments, it draws the Government’s attention to the following points.

1. Article 1, paragraphs 1 and 3, of the Convention. The Committee notes with interest the adoption of Legislative Decree No. 66 of 25 February 2000 amending Legislative Decree No. 626/94 by extending the Decree’s scope of application to mutagenic agents (article 3, paragraph 1(b)). In the same way, the Committee notes that Annex VIII of Legislative Decree No. 66/2000 modifies Annex VIII and VIIIbis of Legislative Decree No. 626/94 containing a list of substances, preparations and processes to which occupational exposure shall be prohibited or made subject to authorization or control. It further notes that, according to article 8 of Legislative Decree No. 66/2000, amending article 72, paragraph 1, of Legislative Decree No. 626/94, the National Toxicology Advisory Committee must determine periodically carcinogenic, mutagenic and toxic substances used in production which, although they are not listed in Legislative Decree No. 52 of 3 December 1997, fulfil the classification criteria contained therein. Moreover, pursuant to paragraph 2 of article 72 of Legislative Decree No. 626/94 as amended by Legislative Decree No. 66/2000, Annexes VIII and VIIIbis containing the lists of carcinogenic substances and agents have to be constantly updated by Decree of the Minister of Labour and Health in the light of technical progress, developments manifested in the European Community or international law and standards and following the advice of the Permanent Consultative Committee and the National Toxicology Advisory Committee. The Committee further notes article 6, in conjunction with article 1, of Legislative Decree No. 77 of 25 February 1992 providing for the interdiction to use and produce the carcinogenic substances and agents listed therein, if their concentration during or at the end of the processing would exceed 0.1 per cent by weight. However, according to its article 8, the Ministry of Labour and Social Policy together with the Ministers of Health and Industry, Trade and Crafts, following the opinion of the Advisory Committee on the Prevention of Occupational Accidents and Health may consent derogations from this interdiction for research and experimentation purposes including analysis. The application required for this purpose is to be submitted by the employer and must contain information on, inter alia, the process or its reaction, the number of workers assigned, the safety measures envisaged to avoid exposure of workers, copies of the documentation, etc. (article 9). Finally, the Committee notes again that article 37, paragraph 1, of Legislative Decree No. 277/91 concerning the protection of workers against risks derived from exposure to chemical or biological agents at work, prohibits the use of asbestos in spray applications.

The Committee, taking due note of this information, invites the Government to continue to provide information on any new agents or substances or processes which, because of their carcinogenic or mutagenic character, are prohibited or subject to authorization or control.

2. Article 3. The Committee notes that article 70, paragraphs 1 and 2, read together with article 69 and article 63 of Legislative Decree No. 626/94, as amended by article 6 of Legislative Decree No. 66/2000, provides for the registration of all workers exposed to carcinogenic agents by establishing for each of them a medical and a risk card indicating their activities performed, the carcinogenic or mutagenic agent used and, where known, the level of their exposure. The Committee further notes that pursuant to article 70, paragraph 4, in conjunction with paragraph 6, the worker’s medical and risk card has to be sent to the Higher Institute for Occupational Safety and Health (ISPESL), where they are kept for 40 years, either on termination of employment or on cessation of any activity involving exposure to carcinogenic or mutagenic agents. Moreover, according to paragraph 10, the ISPESL must transmit annually summary data on the contents of these registers to the Minister of Health and must keep them available to the regions. As concerns the models and methods of maintaining the medical and risk cards as well as the register, article 70, paragraph 9, entrusts the Minister of Health in consultation with the Minister of Civil Service and Labour and Social Policy and following the opinion of the Permanent Consultative Committee with the determination of these models and methods by way of decree. In this regard, the Committee notes the Government’s indication that the ISPESL has set up a system of recording called SIREP which, to the Committee’s understanding, is an information system for recording exposure and pathological factors found in the working environment in order to monitor the nature, frequency and intensity of exposure risks in the workplace. In this context, the Committee further notes that, according to article 71 of Legislative Decree No. 626/94, as amended by article 7 of Legislative Decree No. 66/2000, the ISPESL is entrusted with the carrying out of the monitoring of occupational cancer risks by using the information collected by pathology-recording systems in the regional territory and occupational data, including those registered data collected by the National Social Security Institute (INPS) and the National Insurance Institute for Industrial Accidents (INAIL) and other government agencies. The Government further indicates that epidemiological monitoring networks such as the system called National Mesothelioma Register (Re.Na.M) have been established. Moreover, a cancer report database was established on the basis of the list of notifications of cancers among National Health Service patients which were suspected to be of occupational origin. Nevertheless, it is planned to extend the already existing system by using other sources of information such as mortality records and hospital discharge cards. Taking due note of this information, the Committee requests the Government to explain more in detail the interrelation of the different systems and sources of information used for recording particularly data on the number of workers exposed to carcinogenic substances or agents and the number of occupational diseases resulting from exposure to such agents and substances, as provided for in Article 3 of the Convention.

3. Article 6. Referring to its previous comments, the Committee notes again the Government’s indication that still no data on the number of violations are available as supervision belongs to the responsibility of the local health authorities. The Committee, recalling the importance of the systematic and forceful supervision to secure the enforcement of the application of the provisions of the Convention in practice in the whole country, requests again the Government to provide information on the manner in which the practical application of this Convention is guaranteed.

4. Article 5. With regard to the medical examinations of workers during the period of employment and thereafter, the Committee notes again that Decree D.P.R. No. 303/1956 concerning the general rules of occupational health distinguishes between two cases of medical examination provided to workers exposed to carcinogenic substances or agents, the preventive medical examination prior to recruitment and the subsequent periodic medical examinations after assignment for workers exposed to toxic, infectious and harmful substances (article 33 of Decree D.P.R. No. 303/1956). As to the periodicity of medical examinations after assignment, articles 34 and 35 of the above Decree and their related tables specify the intervals for carrying out medical examinations which, according to article 35, must never exceed twice the period indicated in the tables. However, in cases where the risk can be considered as insignificant because of the rather seldom use of harmful substances, the local health office may exempt the employer from his duty to arrange medical examinations for the workers concerned, in accordance with article 34 of the above Decree. The Committee further notes that article 69 of Legislative Decree No. 626/94 provides for additional medical examinations of workers whose risk assessment, that is the identification of hazards present and the evaluation of the extent of the risk, has shown risks for their health. As to the measures to be taken in consequence, the employer, with the consenting opinion of the medical doctor, must adopt preventive and protective measures for the individual workers, which are based on the results of their clinical and biological examinations. In this regard, the Committee notes with concern that, following the procedure established under article 8 of Legislative Decree No. 277/1991, such measures may include dismissal of the worker concerned in the case that a transfer to another post where the worker concerned is not exposed to harmful substances or agents is not possible. The Committee recalls the difficult consequences that termination of employment can entail for the worker concerned and points to the necessity to take appropriate measures to protect the income of workers whose dismissal is grounded on health impairment in relation to the execution of their work. It therefore requests the Government to indicate the measures taken or envisaged in this respect.

5. With regard to the work activities involving sea and air transport, the Committee notes the Government’s indication that the Decree to be issued by the responsible minister, in consultation with the Minister of Labour, Health and Civil Service, in application of article 1, paragraph 2, of Legislative Decree No. 626/94 has not been adopted yet. However, with regard to maritime transport, the Government refers to Legislative Decree No. 271 of 27 July 1999, which was issued on the "adaptation of legislation on safety and health of maritime workers on board national commercial fishing vessels, in application of Law No. 485 of 31 December 1998". Since the Decree to be issued in application of article 1, paragraph 2, of Legislative Decree No. 626/94 intends to identify the particular requirements of this sector, the Committee asks the Government to indicate whether it is still planned to adopt a decree in this respect or whether Legislative Decree No. 271 of 27 July 1999 already responds to the requirements spelled out in Legislative Decree No. 626/94.