Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Cancer Convention, 1974 (No. 139) - Norway (Ratification: 1977)

Other comments on C139

Direct Request

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Article 1(1) of the Convention. The Committee notes the information in the Government’s report according to which Regulation No. 622 on classification, labelling and packaging of substances and mixtures (the CLP Regulation) entered into force on 16 June 2012, and that the Regulation of 16 July 2002 No. 1139 on classification, labelling etc. of hazardous chemicals will be revoked on 1 June 2015. The Committee further notes that some regulations are now covered by the Regulation of 6 December 2011 No. 1355 concerning organization, management and employee participation; the Regulation of 6 December 2011 No. 1356, concerning workplaces; the Regulation of 6 December 2011 No. 1357, concerning performance of work; and the Regulation of 6 December 2011 No. 1358, concerning action levels and absolute limits for physical and chemical factors in the working environment. The Committee requests the Government to indicate the specific provisions of the new regulations which give effect to the Convention, and requests that a translation of these provisions be provided, if possible in one of the working languages of the ILO.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the information that the Act relating to prevention of harmful effects of tobacco (9 March 1973 No. 14) has been further amended, and that as of 1 July 2014, permission to establish smoking premises regulated by section 12(2), has been revoked. The smoking ban has been implemented following the amendment of section 25 of the Act, establishing the general rule that, in public areas and transport, the air shall be smoke free. The ban also applies to meeting rooms, work premises and establishments where food and drinks are served. The Committee notes that between 2009 and 2013, the Norwegian Labour Inspection Authority has sent 182 orders, four decisions of halt and 19 decisions of coercive fines, based on section 12 of this Act. The Committee requests the Government to continue to provide information on measures taken in accordance with Article 3 of the Convention, and their application in practice.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Committee notes the information in the Government’s report that recently published studies on work-related cancers have drawn its attention to the risk firefighters encounter while performing their work, and that firefighters have an increased risk of specific cancers. All types of fire release toxic and carcinogenic substances, but with the increasing use of polymers in building construction and furnishings, there is concern that when these new materials burn, they release large quantities of other highly toxic substances; therefore, attention is being focused on ensuring that firefighters are informed of the hazards associated with their work and that all regulations pertaining to exposure limits are met. The Committee requests the Government to continue to provide information on measures taken or envisaged, in accordance with Article 4 of the Convention, generally and specifically in relation to firefighters.

Article 5. Medical examinations and biological or other tests during the period of employment and thereafter. The Committee notes the information in the Government’s report and the relevant legislation concerning health surveillance of workers during their period of employment. The Committee requests the Government to provide further information on the measures taken or envisaged to supervise the state of health of workers, who have been exposed to carcinogenic substances after the period of employment, in accordance with Article 5 of the Convention.

Application of the Convention in practice. The Committee notes the information provided in the Government’s report regarding exposure to carcinogens at work, related to the Chemical Regulation, Regulation of 6 December 2011 No. 1356, concerning workplaces and Regulation of 6 December 2011 No. 1357, concerning performance of work. Between 2009 and 2013, there were 139 orders, no decisions to stop work and six decisions of coercive fines. It further notes that for the same period, there were a total of 368 cases of workers diagnosed with neoplasms, 11 of whom were women and 357 of whom were men. The Committee requests the Government to continue to provide relevant information regarding the application of the Convention in practice.