Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the statistical information.

2. Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

3. Article 2, paragraph 1, of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

4. Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.