Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 139) sur le cancer professionnel, 1974 - Guyana (Ratification: 1983)

Autre commentaire sur C139

Observation

Demande directe

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Legislation. The Committee notes the Government’s indication in its report that the final draft of the Regulations on safe use of chemicals at work have been approved by the National Tripartite Committee and are currently being reviewed by the Attorney General’s Chambers. The Regulations will then be presented to Cabinet for approval and then submitted to Parliament for adoption. Noting that the adoption of these Regulations has been pending for many years, the Committee urges the Government to take the necessary measures to ensure that the Regulations on the safe use of chemicals at work are adopted without delay in order to ensure the application of the Convention. The Committee also requests the Government to provide a copy of the Regulations once adopted.

Article 1(1) and (2) of the Convention. List of prohibited or restricted carcinogenic substances or agents. Exemptions from prohibition. In its previous comments, the Committee noted that, pursuant to section 59 of the Occupational Safety and Health (OSH) Act of 1997, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. The Committee notes that the use of 25 chemicals is prohibited or restricted by Schedule 1 of the Regulations made under the Pesticides and Toxic Chemicals Control Act, including six substances (esters, chlordane, chlordimeform, chlorobenzilate, mirex and pentachlorophenol) considered to have carcinogenic effects, all of which are prohibited. The Committee also notes that the Pesticides and Toxic Chemicals Control Board (the Board) of Guyana published an updated list of banned and restricted chemicals, which was adopted in 2018. The Committee further observes that there is no information on the existence of a mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In addition, it notes that the Government’s report does not contain up-to-date information on the exemptions from prohibition, which may only be granted by issuing a certificate specifying in each case the conditions to be met. The Committee therefore requests the Government to provide information on the mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. It also requests the Government to provide the up-to-date list of carcinogenic substances and agents to which occupational exposure is prohibited. In addition, the Committee requests the Government to indicate whether any exemptions from prohibition have been granted by the issuance of a certificate that specifies, for each case, the conditions to be met.

Article 2(1) and (2). Replacement of carcinogenic substances and agents. Number of workers exposed. In its previous comments, the Committee noted the Government’s indication that the National Agriculture Research Institute gave advice to importers to import chemicals that are not carcinogenic, and that farmers and their organizations have been educated on the need to use less carcinogenic chemicals. The Committee notes that the Pesticides and Toxic Chemical Control Act and its Regulations do not contain any provisions providing for the replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances and agents. The Committee also notes the absence of information on the number of workers exposed to carcinogenic substances or agents. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Regulations on the Safe Use of Chemicals at Work contain provisions providing for the obligation to substitute carcinogenic substances and agents whenever possible, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the number of workers exposed to carcinogenic substances or agents.

Article 3. Exposure limits and protective measures. Records of exposure of workers at risk. Following its previous comments, the Committee notes that section 31(1) and (2)(a) and (b) of the Pesticides and Toxic Chemicals Control Act provides that the Board may request the employer to remove the risk of body injury, exhibit notice at the workplace and take special precautions. Moreover, Part X of the Pesticides and Toxic Chemical Control Regulations provides for the protection of workers exposed to pesticides. The Committee observes however that, except for the above-mentioned lists of prohibited chemicals, there are no provisions addressing the risk of exposure to carcinogenic substances or agents. In addition, in its previous comments, the Committee noted that section 61 of the OSH Act 1997 does not give full effect to Article 3 of the Convention, as it only provides for the obligation of the employer to establish and maintain an inventory of all hazardous chemicals and physical agents present at the workplace. The Committee requests the Government to take the necessary measures to protect workers against the risks of exposure to carcinogenic substances or agents by specifying the conditions under which reasonable exposure to carcinogenic substances may be authorized, including permitted exposure limits and specific protective measures, and to provide any policy and/or regulation in this regard. It also once again requests the Government to take the necessary measures to establish an appropriate system of records at the national level to evaluate the different aspects of occupational cancer.

Article 5. Medical examinations. Following its previous comments, the Committee notes that, in accordance with to section 31(2)(c) of the Pesticides and Toxic Chemicals Act, the Board may request the employer to provide periodical medical examinations of workers as prescribed by regulations. The Committee requests the Government to clarify whether this medical examination is a general obligation of employers or if it occurs only upon the request of the Board, and to indicate whether any regulations providing for periodical medical examinations have been adopted. The Committee also requests the Government to indicate whether there is any regulation providing for post-employment medical examinations of workers.