Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It notes the Government’s indication that the draft regulations on the safe use of chemicals at work, to be issued in application of section 75 of the Occupational Safety and Health Act, 1997, which contain preventive and proactive measures to protect workers against the risks of exposure to carcinogenic substances and agents is currently being drafted by an ILO consultant and discussed with the stakeholders. The Committee hopes that the above regulations will be adopted in the near future and that they will give effect to the Convention and in particular to the following articles of the Convention.

1. Article 1, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee had noted that pursuant to section 59 of the Occupational Safety and Health Act, 1997, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. However, the Government had indicated that neither a regulatory mechanism existed to prohibit or grant certifications specifying the conditions under which reasonable exposure of carcinogenic substances can be met, nor did the Occupational Safety and Health Department determine specific exposure levels for chemical substances proven to be carcinogenic. The Committee, recalling the provision of Article 1 of the Convention, had requested the Government to indicate the measures taken or contemplated to establish a mechanism ensuring that the substances or agents to which occupational exposure is prohibited or subject to authorization and control are determined periodically, so that it is not left to the discretion of the Occupational Safety and Health Authority to determine case by case whether a substance or agent endangers the health of the worker. In this respect, the Government merely indicates in its report that the country does not dispose of a formal list determining carcinogenic substances and agents, but that Guyana is guided by research done by the American Conference of Government Industrial Hygienists (ACGIH). The Committee accordingly requests the Government to explain the framework in which such guidance takes place and to indicate the results of this guidance with regard to the application of this Article of the Convention.

2. Article 2. With regard to the replacement of carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic or less harmful substances, the Committee notes the Government’s indication to the effect that the National Agriculture Research Institute (NARI) does the necessary research and that it gives advice to importers to import chemicals that are not carcinogenic. In addition, farmers and their organizations are educated on the need to use less carcinogenic chemicals. The Committee understands from the Government’s indications that the final decision concerning the possible substitution of carcinogenic substances and agents by non- or less harmful substances and agents is left to the discretion of the importers and users, like farmers. It accordingly hopes that the draft regulations on the safe use of chemicals at work will contain a regulation providing for the obligation to substitute carcinogenic substances and agents whenever possible. The Committee further hopes that the above regulations will also provide for the reduction of the number of workers as well as the duration and degree of exposure to carcinogenic substances and agents to the minimum compatible with safety, in order to give full effect to this Article of the Convention.

3. Article 3. Referring to its previous comments and with regard to the establishment of permissible exposure limits in the framework of measures to be taken pursuant to Article 3 of the Convention to protect the workers against the risks of exposure, the Committee notes the Government’s indication that Guyana is guided by research done by the ACGIH. The Committee, noting that one of the main activities of the ACGIH is the establishment of threshold limit values for chemical substances and physical agents, requests the Government to indicate whether the threshold limits set forth by the ACGIH have a binding character and are in deed observed in the country. As to the establishment of an appropriate system of records of exposure of workers at risk, the Committee recalls again that the provision of section 61 of the Occupational Safety and Health Act, 1997, does not give full effect to Article 3 of the Convention, since it obliges only the employer to establish and maintain an inventory of all hazardous chemicals and physical agents present at the workplace. The Committee therefore draws the Government’s attention to Paragraph 15, subparagraphs 1 and 2, of the Occupational Cancer Recommendation, 1974 (No. 147), recommending the establishment and maintenance of a system of records by the competent authority in association with individual employers. Moreover, it is indicated in the ILO publication Occupational cancer: Prevention and control, Occupational Safety and Health Series No. 39, that the purpose of a register containing the names of exposed persons, the result of technical monitoring, special medical examinations and laboratory tests performed on these workers is to permit the competent authority "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action. In this way, increased knowledge of the various aspects of occupational epidemiology can be gained". The Committee accordingly requests the Government to take the necessary measures to establish an appropriate system of records on national level in order to evaluate the different aspects of occupational cancer.

4. Article 5. The Committee notes the Government’s indication that there is currently no regulation providing for medical examinations of workers during the period of employment and thereafter, but that this requirement will be addressed in the proposed draft regulations on chemicals which is being drafted by an ILO consultant. The Committee therefore hopes that the above draft regulations will be adopted in the near future to ensure that workers will be provided with, inter alia, medical examinations during the period of employment and thereafter, to give effect to this Article of the Convention.

5. Article 6(a). The Committee notes the Government’s indication that the existing legislation applicable, namely the Occupational Safety and Health Act, 1997, will soon be supplemented by regulations in order to give full effect to the provisions of the Convention. The Committee requests the Government to keep it informed on every progress accomplished with regard to the elaboration of the regulations on chemicals.