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Articles 1 and 3 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Records. The Committee notes with interest SRT Resolution No. 415/2002, which: provides for the maintenance by the Occupational Risks Supervisory Authority, of a “Record of Carcinogenic Substances and Agents”; updates the list of carcinogenic substances and agents in Annex I to DNHST Provision No. 01/95; approves the form for the entry of data in the Record of Carcinogenic Substances and Agents; provides for the registration of the employers concerned and establishes that employers are to keep clinical histories of workers liable to be exposed for a period of 40 years. It also notes SRT Resolution No. 310/03 amending the annex listing these agents. The Committee requests the Government to indicate the procedures for periodically determining and updating the carcinogenic substances and agents to which the provisions of Article 1(1) of the Convention apply.

Article 2. Replacement of carcinogenic substances and agents. The Committee requests the Government to indicate the measures adopted with a view to replacing carcinogenic substances or agents, such as asbestos, by non-carcinogenic, or less harmful, substances or agents.

Article 3. Protective measures. The Committee requests the Government to provide information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, such as asbestos and ionizing radiations.

Article 5. Medical examinations for workers during the period of employment and thereafter. In its previous comments, noting the compulsory nature of medical examinations, the Committee pointed out that the need to examine workers after they have ceased employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, since from a clinical and pathological point of view there is no difference between occupational cancer and non-occupational forms of the disease. The aim, therefore, is to make a final evaluation of workers’ health and compare it with previous medical examinations to see whether the job assignments in the course of employment have affected the health of workers. It asked the Government to take the necessary steps to assess the exposure of workers and check their state of health in relation to occupational hazards not only in the course of employment and before separation, but also after termination of the employment relationship. The Committee notes SRT Resolution No. 37/2010 establishing the medical examinations that are to be included in the occupational risks system. The Committee notes that according to section 5 of the Resolution, examinations after employment are optional. The Committee again points out that post-employment medical examinations are compulsory and once again asks the Government to take the necessary steps to bring its legislation and practice into conformity with the Convention, ensuring that all the examinations referred to in this Article of the Convention are made compulsory, and to provide information in this regard.

Part IV of the report form. Application in practice. The Committee requests the Government to provide information of a general nature on the manner in which the Convention is applied, including information on the number of workers protected by the legislation and the number and nature of the infringements detected and diseases reported that relate to the Convention.

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1. The Committee notes the Government’s report received in the ILO at the end of August 2005 and the Government’s reply to the Committee’s previous comments transmitted in November 2005. It draws the attention of the Government to the following points.

2. Article 3 of the Convention. Measures to protect workers against the risks of exposure to carcinogenic substances and agents. The Committee notes the Government’s reference to resolution No. 415/02 on carcinogenic agents, issued by the Office of the Superintendent of Risks at Work (SRT), resolution SRT No. 310/03 changing the list of carcinogenic agents in the appendix to the previous resolution, and resolution SRT No. 840/05 which establishes a registry for notification of occupational diseases. The Committee requests the Government to provide with its next report these texts in order to enable the Committee to examine the effect given to this Article of the Convention.

3. Article 5. Post-employment medical examination. The Committee notes the information provided by the Government that post-employment medical examination is normally only performed in cases where a worker seeks compensation. In those cases, the insurance company requires a medical examination in order to determine whether the claim is justified. The Committee also notes that, with reference to the Spanish version of this Article, the Government indicates that the Convention prescribes medical examination either during the period of employment or thereafter. The Committee notes, however, that the English and French texts of the Convention, which are the authoritative versions according to Article 14, prescribe that medical examinations are mandatory in both cases. Noting such a compulsory nature of medical examinations, the Committee recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only during the period of employment and before the termination of their employment relationship, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

4. The Committee notes, from the Government’s reply, that the Office of the Superintendent of Risks at Work (SRT) does not have the information requested by the Committee in its previous comments. The Committee refers again to resolution No. 64/91 on negotiating committees to be convened with a view to applying the occupational safety and health regulations and the technical standards elaborated by the National Occupational Safety and Health Directorate, as well as to the indication of the Government that among the information recorded by the Superintendent of Risks at Work there does not exist any data coming from the Sub-secretary of Work as concerns the results of the work of the negotiating committee to be convened. The Committee requests the Government, once again, to clarify whether the above committee has already been convened and, if that is the case, to supply information on the results of their work accomplished as soon as they are made available to the Office of the Superintendent of Risks at Work.

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The Committee notes the information supplied by the Government in response to its previous comments. It draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the Government’s indication that a commission has been established under the auspices of the Superintendent of Risks at Work, which is engaged to elaborate possible changes to be inserted to the provision DNSST No. 1/95 concerning the keeping of medical records of workers. The Committee accordingly would ask the Government to provide information on the outcome of the work accomplished in this regard.

2. Article 5. The Committee notes with interest resolution SRT.43 of 12 June 1997, issued by the Office of the Superintendent of Risks at Work on medical examinations of workers. It notes that section 1 enumerates the different medical examinations to be carried out in order to monitor workers’ health. Sections 2 to 6 specify the different types of workers’ health surveillance, as there are pre-assignment medical examinations, periodic health evaluations during the employment, medical examinations before transfer to another activity, return-to-work health assessments after a longer absence from work and medical examinations to be carried out before the termination of the employment relationship or before the termination of the apprenticeship. The above provisions further prescribe the framework and the details of each kind of medical examination with regard to their objectives, the appropriateness of carrying out these examinations, their contents and the persons responsible. In this regard, the Committee notes in particular section 6 on optional medical examination of workers before the termination of the employment relationship or the apprenticeship, which, however, does not embrace post-assignment health examinations of workers, as provided for in Article 5 of the Convention. The Committee therefore recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only during the period of employment and before the termination of their employment relationship, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

3. With regard to resolution No. 64/91 on negotiating committees to be convened with a view to applying the occupational safety and health regulations and the technical standards elaborated by the National Occupational Safety and Health Directorate, the Government indicates that among the information recorded by the Superintendent of Risks at Work there does not exist any data coming from the Sub-secretary of Work as concerns the results of the work of the negotiating committee to be convened by the aforementioned Sub-secretary of Work pursuant to the above resolution. The Committee accordingly requests the Government to clarify whether the above committee has already been convened and, if that is the case, to supply information on the results of their work accomplished as soon as they are made available to the Office of the Superintendent of Risks at Work.

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The Committee takes note of the information provided by the Government, in particular in reply to its general observation. It also notes the information provided by the Government concerning the promulgation of the provision DNHST No. 01/95.

Article 3 of the Convention. The Committee notes with interest the provision DNHST No. 01/95. Pursuant to its section 7, enterprises are required to keep the medical records of workers, who might have been exposed during their working lives, for a period of 40 years after these workers have left the company.

Article 5. The Committee notes that the provision DNHST No. 01/95 does not contain any provisions regarding medical checks. However, items 8, 9 and 10 of Annex II to provision 33/90 relate to medical examinations for the early detection of cancer, to specific examinations of the working environment and to the specific biological examinations which employers must provide to workers in the undertakings concerned. The Committee recalls that under this Article of the Convention, measures must be taken to ensure that workers, both during and after the period of their employment, are provided with the medical or biological examinations or other tests or investigations needed to evaluate their level of exposure and monitor their state of health with regard to the occupational hazards, in response to the common situation in which cancer is diagnosed only after the worker concerned has left the employment in which he or she suffered exposure.

Resolution 64/91, transmitted by the Government, provides that negotiating committees must be convened with a view to applying the occupational safety and health regulations and the technical standards drawn up by the National Occupational Health and Safety Directorate.

The Committee therefore requests the Government to provide information on the results of the work done by the above-mentioned committees, if they have been convened, and in particular, information on measures taken to ensure that workers are provided after their period of employment with the examinations needed to assess their state of health.

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The Committee notes the information supplied by the Government in response to its previous direct request.

Article 3 of the Convention. The Committee has noted with interest provision DNHST 31/89 as amended by provision 33/90 establishing a register of carcinogenic substances and agents. It has taken note with interest of Annex I to provision DNHST 33/90 containing a list of carcinogenic substances and agents and of Annex II prescribing the form of questionnaire for data recording purposes.

Article 5. The Committee notes the information supplied by the Government on medical supervision. It notes in particular items 8, 9 and 10 of Annex II to provision 33/90 relating respectively to medical examinations for early detection of cancer, to specific examinations of the working environment and to the specific biological examinations which employers must provide to workers in the undertakings concerned.

The Committee has taken note of resolution 64/91, supplied by the Government, which provides that negotiating committees shall be convened with a view to the application of the occupational safety and health regulations and of the technical standards drawn up by the National Occupational Health and Safety Directorate.

The Committee asks the Government to supply information on the outcome of the negotiations and on the measures taken to ensure that workers are provided with such medical or biological examinations after the period of employment, as are necessary to evaluate their state of health.

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The Committee notes the information supplied by the Government in reply to its previous direct request.

Article 3 of the Convention. The Government states that the National Office of Occupational Health and Safety has undertaken a study of a draft special register for occupational exposure to carcinogenic substances and agents. The Committee notes this information with interest and hopes that the register will be finalised and implemented in accordance with the provisions of this Article. In this connection, the Government may find helpful the information on registers and recording contained in Section 7 of "Occupational Cancer-Prevention and Control", Occupational Safety and Health Series, No. 39, ILO.

Article 5. The Committee notes the Government's explanations of the practical difficulties it faces in trying to ensure medical supervision of workers after their period of employment and its intention to consult the social partners on this matter to consider the alternative avenues of solution. The Committee hopes the Government will be able to indicate in its next report the steps which have been taken to ensure that after their employment workers are medically supervised where necessary in relation to occupational hazards.

The Committee hopes that the next report will be able to indicate progress made on the above points.