Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

With reference to its previous comments, the Committee notes the information provided by the Government in its report as well as the comments by CONFINDUSTRIA.

1. The Committee notes Legislative Decree No. 626 of 19 December 1994, as amended by Legislative Decree No. 242 of 19 March 1996, and in particular Title II concerning protection against carcinogenic agents. The Committee notes that for the purposes of specifying the carcinogenic substances reference is made to substances and preparations assigned the reference 545 or 549 in EU Directive 67/584 and 89/379, as well as Annex 8 of Legislative Decree No. 626. The Committee notes that under section 72 the list of substances and agents is periodically revised by decree, according to technical progress, evolution of standards and international specifications, as well as knowledge on carcinogenic agents. Referring to Article 1, paragraphs 1 and 3, of the Convention, the Committee requests the Government to provide information on any new substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, taking into consideration the latest information in this regard.

2. The Committee notes as regards work activities involving sea and air transport to which it had referred previously that under section 1 of Legislative Decree No. 626/1994, as amended, the standards laid down are applied taking into consideration the specific requirements of these sectors by decree to be issued within six months after the publication of Legislative Decree No. 242/1996. The Committee requests the Government to provide a copy of the Decree when adopted.

3. The Committee notes the information provided by the Government in its report that, as concerns the number of workers exposed to carcinogenic agents and the number of occupational diseases resulting from exposure to such agents, technical work is under way on the drafting of a decree to establish within the Higher Institute of Occupational Safety a suitable scheme for registration pursuant to the provisions of Legislative Decree No. 626/94. Recalling that under Article 3 of the Convention an appropriate system of records shall be established, the Committee requests the Government to provide a copy of the Decree when adopted as well as information on the application in practice of the relevant provisions.

4. Further to its previous comments, the Committee notes the Government's indication that the labour inspectorate has no data on the number of infringements as supervision is the responsibility of the local authorities. The Committee requests the Government to provide information on the manner in which the application in practice of the provisions of the Convention is guaranteed.

5. Article 5. The Committee notes the opinion expressed by CONFINDUSTRIA that only anticipatory clinical diagnostic tests are available which by their very nature cannot contribute to the primary prevention of neoplasms and that recourse to medical examinations which are of no use, although costly, and are not a reliable guide to what may happen in the future, is something which only produces false alarms and heated dispute. The Committee would like to point out that medical supervision plays a fundamental part in protecting workers' health. It enables the effectiveness of the technical prevention measures to be checked by testing for biological signs of absorption of carcinogenic substances; furthermore, it ensures early detection of cancer. For epidemiological reasons, to keep a long-term check on the effect of preventive measures and to allow for early action in cases where cancer is detected, the Convention has also retained medical supervision after the period of employment.