Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information supplied with the Government’s detailed report in response to its previous comments. It notes with interest the adoption of Rule No. 38/00, of 25 May 2000, on the protection of workers against the risks of exposure to carcinogens and/or mutagens which give effect to the provisions of Article 1, paragraphs 1 and 3, Articles 2, 3 and 4 of the Convention. The Committee further notes with interest the Government’s indication that rules on boundary values in occupational exposure to dangerous substances and rules on preventive medical examinations of workers are being drawn up. It requests the Government to communicate a copy of them as soon as they have been adopted.

With reference to its previous comments, the Committee draws the Government’s attention to the following points requiring additional information.

1. Article 1, paragraph 2, of the Convention. The Committee notes that pursuant to section 1, subsection 3, in conjunction with section 63 of Health and Safety at Work Act No. 56/99, of 13 July 1999, executive regulations in the field of occupational safety and health are to be issued by the minister responsible for labour and the ministers to whose jurisdiction the respective regulation relates within 12 months after the Health and Safety at Work Act came into force. To this effect, Rule No. 38/00, of 25 May 2000, on the protection of workers against the risks of exposure to carcinogens and/or mutagens have been adopted, which determine in particular the employer’s obligations concerning safety and health at work in relation to workers who come into contact with carcinogens or mutagens. With regard to the determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control, the Committee notes that Appendix I to Rule No. 38/00 contains a list determining the carcinogenic and/or mutagenic substances and their limit values. It further notes that Appendix III, item 1, to Rule No. 38/00 provides for the prohibition of certain substances with the possibility to grant certain exceptions from the general interdiction (substances under item 3). The Committee requests the Government to specify the criteria established for granting exceptions from the prohibition of certain carcinogens and/or mutagens set forth under Appendix II, item 1, to Rule No. 38/00.

2. Article 5. The Committee notes section 32, subsection 1, of Rule No. 38/00 requiring the employer to provide for pre-employment medical examinations of workers assigned to work involving exposure to carcinogens and/or mutagens. Pursuant to subsection 2, periodic or targeted preventive medical examinations must be provided to workers whose work involves exposure to carcinogens and/or mutagens, of which the periodicity is fixed by special provisions. Section 32, subsection 3, finally stipulates that the health of workers must be monitored in conformity with the doctrine and practice of occupational medicine. In addition, according to section 37 of the above Rules, the qualified physician or the competent authority may request for supplementary medical examinations of all workers exposed in the case that the state of health of one worker shows changes which are suspected to be a consequence of his exposure. The Committee requests the Government to explain more in detail the monitoring of workers’ health according to the doctrine and practice of occupational medicine to which section 32, subsection 3, of Rule No. 38/00 refers. The Committee further notes that there does not seem to be a provision providing for post-employment medical examinations of workers. It therefore asks the Government to take the necessary measures to ensure that workers are provided with medical examinations or biological or other tests or investigations as well after the cessation of their employment involving exposure to carcinogens and/or mutagens. To this effect, the Committee invites the Government to consider the possibility to include provisions on post-employment medical examination of workers into the rules on preventive medical examinations of workers, which are currently being drawn up. In this context, the Committee wishes to underline the specific importance of post-employment medical examinations of workers. The inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to occupational hazards was intended to respond to the not uncommon situation wherein cancer was not detected until after the worker has terminated the employment involving exposure. In the light of these explanations, the Committee hopes that the Government will soon take the necessary measures to ensure that workers are provided with medical examinations or biological or other tests or investigations not only before and during the period of employment, but as well as after the cessation of their employment involving exposure to carcinogens and/or mutagens as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in order to give full effect to Article 5 of the Convention.