Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Legislation. The Committee notes with interest Decree No. 306/005 of 14 September 2005 concerning the chemical industry, which lays down compulsory minimum provisions for the management of risk prevention and protection against risks arising, or potentially arising, from productive activities in that industry. The Decree was drawn up with tripartite participation and establishes rights, principles and obligations for workers and employers, a tripartite national commission in the sector and participatory bodies at the enterprise level. The Committee also notes Ordinance No. 145/09 of 13 March 2009 establishing the basic regime covering various chemical and physical risk factors and determining medical controls for public and private industrial, commercial or service undertakings. The Committee also notes other standards for combating cancer in general terms, such as Decree No. 202/005 of 2005 establishing the National Programme to Combat Cancer (PRONACAN).

Article 1 of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes the statement in the Government’s report that there is specific legislation covering radiation and asbestos. The Committee will refer to that legislation in its examination of the application of the specific Conventions in these areas. In its previous comments the Committee urged the Government to take steps to give effect to this Article of the Convention by establishing a mechanism for determining the carcinogenic substances and agents to which occupational exposure should be prohibited or made subject to authorization or control. The Committee notes that the Government has not replied to this question. The Committee notes, however, that Decree No. 306/005 contains an appendix on safety and health measures relating to exposure to chemical risks which lists a series of substances which constitute a risk factor. Section 3 of the Decree states that the reference values for the list will be updated annually by the Directorate-General of Health, in line with the latest information published of the American Conference of Government Industrial Hygienists (ACGIH). Although the Committee welcomes the reference to the ACGIH, it is not clear whether the updating referred to in section 3 applies solely to the reference factors or also includes the listed carcinogenic substances and agents. The Committee reminds the Government that the key aspect of Article 1 of the Convention is to determine a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and to establish a mechanism for periodic revision. The Committee requests the Government to indicate the manner in which the list of carcinogenic substances and agents covered by the provisions of Article 1(1) of the Convention is determined and periodically updated.

Article 3. Protective measures. The Committee notes the statement in the Government’s report that efforts are made to have carcinogenic substances and agents replaced and, in cases where this is not possible, controls are carried out by the Environmental Health Division and protocols are drawn up with regard to the protection of workers. The Committee requests the Government to supply further information on the application of this Article in law and in practice.

Article 5. Medical examinations of workers during and after the period of employment. The Committee notes that Ordinance No. 145/09 referred to previously establishes a basic regime covering various chemical and physical risk factors, the respective medical tests and analyses which workers must undergo and the time at which such tests and analyses must be carried out. With reference to its previous comments, the Committee reminds the Government that, under the terms of this Article, these examinations must also be carried out after the period of employment. The Committee requests the Government to make provision in law and in practice for medical examinations following the period of employment and requests it to provide information in this respect.

Article 6, paragraph (c). Measures to ensure appropriate inspection. The Committee notes that, according to Decree No. 306/005, the General Labour and Social Security Inspectorate (IGTSS) will chair the tripartite sectoral commission (section 7), and the tripartite sectoral commission has been assigned other functions related to labour inspection (section 9). The Committee requests the Government once again to supply information on the organization, functions and powers of the inspection services responsible for enforcing the provisions of the Convention, indicating whether it has taken steps to ensure that inspections are carried out as a matter of routine and not only following complaints, and requests it to supply information on the activity of the tripartite sectoral commission aimed at improving the effectiveness of the IGTSS in relation to the Convention.

Part IV of the report form. The Committee requests the Government once again to provide statistical information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number of occupational diseases reported in relation to the Convention.