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

The Committee notes the information communicated by the Government in reply to its previous comments. It draws the Government’s attention to the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes the Government’s indication that the list of carcinogenic substances established by the Arab Labour Organization and International Labour Organization, is currently used in the country. In this respect, the Government also indicates that it is currently studying the possibility of amending Ministerial Order No. 607 of 28 April 1979, as modified by Order No. 515 of 1981 and Order No. 504 of 1989, to include other substances classified as carcinogenic on the list of poisonous and dangerous chemical substances. Taking due note of this information, the Committee requests the Government to keep the Office informed on any progress made in the revision process of Order No. 607 of 1979, and to supply a copy of the amendments introduced to the above Order as soon as they are adopted.

2. Articles 2 and 6(a). The Committee notes the Government’s indication that the list of carcinogenic substances established by the Arab Labour Organization and International Labour Organization serves as a guide to the occupational safety and health inspectors to notify the employers using carcinogenic substances on the danger inherent in their use. In addition, the General Authority for Social Security, in collaboration with the Ministry of Labour and Social Affairs, endeavours to raise the awareness of the employers regarding health preventive issues and to apply the guidelines contained in the reports submitted by the occupational safety and health inspectors. In this respect, the Committee notes that inspection campaigns are organized by the inspectors of the Occupational Safety and Health Direction of the General Social Insurances. The Committee further notes the Government’s indication that the national policy adopted on this matter comprises new measures to conduct the employer to replace carcinogenic chemical substances by other non-carcinogenic or less harmful substances which comply with the established standards on health protection. Furthermore, while certain chemical carcinogenic products only emerge as a result of certain operations, the Government obliged the enterprises concerned to replace the products generating carcinogenic products, and to align the conditions at the workplace in a manner that the development of carcinogenic substances during the work process is avoided. The Committee, taking due note of this information, invites the Government to continue to provide information on the application in practice of Article 2 of the Convention, as well as on the measures adopted under Article 6(a) of the Convention, including details on any revision of national policy and legislation having an impact on the application of this Convention.

3. Article 5. With regard to medical examinations of workers exposed to carcinogenic substances, the Committee notes the Government’s indication that, while the provisions of Social Security Law No. 92 of 1959 only provide for periodical medical examinations of workers, the draft law concerning social security predicts that the workers remain subject to periodical medical examinations during the five years after the cessation of their assignment. The Government further indicates that consultations are currently carried out with the social partners on the matter, since the first draft to amend the Social Security Law of 1959 has been withdrawn for further more detailed and comprehensive considerations in order to comply with the requirements set forth by this Article of the Convention. The Committee hopes that the Government will take the necessary measures, in due time, to amend the Social Security Law of 1959 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. The Committee reminds the Government that the need to examine workers after they have ceased their employment is also due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. The Committee hopes that the next report the Government will contain information on progress made in this regard.