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Previous comments: C.187, C.115, C.127, C.139, C.148 and C.62
Article 2(2) of the Convention. Reducing the number of workers exposed to carcinogenic substances or agents. The Committee notes the information provided by the Government indicating that the agency for occupational and environmental health and safety has been developing, within the framework of the Workplace Health Plan 2005–09, occupational exposure limits for chemical substances. The Committee asks the Government to continue to provide information on the development of the abovementioned occupational exposure limits, and to indicate the measures taken or envisaged in law and in practice to ensure that the number of workers exposed to carcinogenic substances or agents, and the duration and degree of such exposure, is reduced to the minimum compatible with safety.
Part IV of the report form. Application in practice. The Government indicates that the Cancer Plan 2003–07 and the Workplace Health Plan 2005–09 promoted the substitution of carcinogenic, mutagenic and toxic (CMR) substances for non-dangerous or less dangerous substances. The Committee also notes the information indicating that campaigns were undertaken on CMR and asbestos in 2006, on sawdust in 2008, and cleaning and vehicle repair enterprises in 2010. The Committee further notes the statistical information indicating the number of cases of recognized occupational cancer declared between 2004 and 2007. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information on cases of occupational cancer.
1. The Committee notes the information contained in the Government’s reports. It notes in particular that the specific rules on the prevention of carcinogenic, mutagenic and toxic (CMR) risks have been supplemented by Decree No. 2003-1254 of 23 December 2003. It also notes with interest the new procedure for halting work in the event of “chemical risk” introduced by Act No. 2002-73 of 17 January 2002 on social modernization.
2. Article 2, paragraph 1, of the Convention. Replacement of carcinogenic substances or agents with less dangerous or non-carcinogenic substances or agents. The Committee notes that in its reply to the Committee’s previous comments, the Government’s statement that there cannot be general and universal criteria for ascertaining the technical feasibility of replacing a carcinogenic agent with a less harmful or a non-carcinogenic agent when there are tens of thousands of different uses for the 400 or so known carcinogenic substances used in the work environment. The Government also states that Decree No. 2001-97 of 1 February 2001 confirms the role and liability of the employer in this matter, under which employers are required to prove, in the course of their risk evaluation studies, that they have actually attempted to replace the CMR agents they are still using and, in particular, that they have made unsuccessful approaches to prevention bodies, their suppliers or their customers. In order to assess technical feasibility, employers may have to take account of criteria that are purely technological or that are related to the nature of the exposure. Such criteria are liable to change and so allow preventive action to be improved. The Committee requests the Government to continue to provide information on measures taken to replace carcinogenic substances and agents by non-carcinogenic substances or agents or by less harmful substances or agents.
3. Article 2, paragraph 2. Reducing the number of workers exposed to carcinogenic substances or agents. The Committee notes the Government’s statement that section R.231-56-3(2) of the Labour Code, reducing the number of workers exposed to as low a level as is “technically possible”, is more protective than the notion in Article 2, paragraph 2, of the Convention, because it implies an ongoing effort which does not stop once the “safety minimum” has been reached and is only limited by nothing other than the status of technology. The Committee notes that although, according to the Government’s reasoning, an effort may be demanded beyond the “safety minimum”, the effort may stop before the safety minimum is reached when it is not technically possible to reach another level. In other words, the provision of the Convention lays down a requirement for minimum safety which is not determined by technological or economic resources, but by the need to protect workers. The Committee requests the Government to indicate how it determines the threshold defined as “the minimum compatible with safety” in Article 2, paragraph 2, in order to reduce the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure.
4. Part IV of the report form. The Committee notes with concern the growing number of cases of occupational cancer indicated in the Government’s report (840 cases in 2000 and 1,279 in 2002). It notes the Government’s statement that the increase in the number of cancers acknowledged to be occupational in origin is linked to exposure to asbestos in the past and that the increase is in part due to the law (because the Act on Social Security Funding for 1999 enabled persons with asbestos-related ailments to be reinstated in their entitlements) and is also epidemiological in nature (because France has not yet reached the peak of the curve regarding estimates of cancers expected due to exposure that occurred several decades ago). The Government also indicates that wood dust is the main causal agent, being at the origin of 67 recognized occupational cancers. With regard to the practical application of the Convention, the Government indicates that France continues to provide particularly good protection in respect of CMR agents – well beyond its international or European obligations. It plans to establish by decree new thresholds for occupational exposure in respect of CMR agents. Lastly, the Committee notes that, according to the Government, section 188 of the Act on Social Modernization reinforces even further the protection of workers against the risks involved in exposure to carcinogenic substances and agents. There is to be a procedure for halting work in the event of “chemical risk”. Under the Act, where a regulatory and binding limit of occupational exposure is exceeded, the Labour Inspectorate may order a halt to activities in the enterprise until compliance with the rules of protection is resumed. The Committee requests the Government to continue to provide statistical information on cases of occupational cancer.
The Committee notes the information provided by the Government in its reports. It notes with interest the adoption of Decree No. 2001-97 of 1 February 2001 establishing particular rules for the prevention of carcinogenic, mutagenic and toxic risks to reproduction and amending the Labour Code (Part Two: Decree in the Council of State), which extends the protection conferred by French legislation in force concerning the prevention of carcinogenic risks, regulated by section R.231-56 ff. of the Labour Code, to the rules of prevention that apply to mutagenic and toxic agents. In this regard, the Committee notes that the abovementioned Decree comprises in particular provisions which reinforce the implementation of the Convention by even exceeding the requirements of its provisions.
However, the Committee, referring to its previous comments, would like to draw the Government’s attention to the following points.
Article 2, paragraph 1, of the Convention. The Committee again notes that, under section R.231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, in particular by replacing it, where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee once again asks the Government to indicate the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.
Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures, such as replacement of carcinogenic substances or agents or production and use in a closed system, are not feasible, the employer is required under section R.231-56-3, paragraph 2, of the Labour Code, to reduce the level of exposure to the technically feasible minimum. The measures aimed at reducing the number of workers exposed to carcinogenic substances or agents, as well as the duration and level of exposure, therefore depend on what is "technically feasible". The Convention, for its part, requires that these be reduced to the "minimum compatible with safety". As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating "technical feasibility", how these criteria conform to the required "minimum compatible with safety", and the methods of evaluation.
Part V of the report form. The Committee notes with concern the statistics provided by the Government concerning the number of recognized cases of occupational cancer. It observes that the figure recorded for 1999 (799 cases) is practically double that of 1998 (394 cases). The Committee hopes that the Government will continue to provide information on the practical implementation of the Convention and will take the necessary measures, in the light of the abovementioned figures, to ensure extensive protection of workers against the risks arising from exposure to carcinogenic substances and agents.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information supplied by the Government in its first report. It also notes the observations of the French Democratic Federation of Labour (CFDT) on the application of the Convention. It asks the Government to provide additional information on the following points.
1. Article 1, paragraph 1, of the Convention. The Committee notes that the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are determined periodically. In this connection, it notes with interest Decree No. 96-1133 of 24 December 1996 respecting the prohibition of asbestos. The Committee notes however that the CFDT refers to a lack of transparency in the legislation as to the various lists of carcinogenic substances and agents. The Committee asks the Government to consider the possibility of establishing a consolidated list of the substances and agents determined as carcinogenic, as this would facilitate understanding of the legislation and the adoption of preventive measures. It hopes that the Government will provide information in this respect.
2. Article 2, paragraph 1. The Committee notes that under section R 231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, amongst other means by replacing it where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee asks the Government to provide detailed information on the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.
3. Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures (such as replacement of carcinogenic substances or agents or production and use in a closed system) are not feasible, the employer is required under section R 231-56-3 to reduce the level of exposure to the technically feasible minimum. The Committee asks the Government to indicate the criteria used in evaluation "technical feasibility", and to state how these criteria conform to the requirement of "minimum compatible with safety" as well as the methods of evaluation.