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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report and the statistical information.

Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

Article 2(1) of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.

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1. The Committee notes the information contained in the Government’s report and the statistical information.

2. Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

3. Article 2, paragraph 1, of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

4. Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.

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The Committee takes note of the information contained in the Government’s reports. It notes with interest the adoption of several regulations designed to apply the provisions of the Convention, namely Government Decree 233/1996 (XII.26.) on the Rules of the Procedure relating to Hazardous Substances and Hazardous Preparations, and its implementing Decree 4/1997 (II.21.) issued by the Minister of Social Welfare, both of which are based on the respective European Directives. The Government indicates that they deal with various issues denoting general rules as to the registration, classification, labelling, packaging, transport, health protection and occupational safety as well as regulations concerning the registration of hazardous substances and preparations and the exchange on related information as well as the utilisation of the less hazardous materials suitable for the activity concerned in view of the risk assessment. The Committee also notes Decree 25/1996 (VIII. 28.) NM on the General Health Requirements of Work Performance and Working Conditions Implying No Danger to Health, issued by the Minister of Welfare to implement the provisions of the Act XCIII on Labour Protection, 1993, which, according to the Government, refers to threshold limit values and substitution of carcinogenic substances by less harmful substances. The Committee, with a view to examine the above texts in the light of the provisions of the Convention, would request the Government to supply a copy of them. The Committee further notes with interest the adoption of Order 26/2000 (IX.30.) EüM on the Protection against Carcinogenic Substances and the Prevention of Occupational Health Damage caused by them which became effective on 1 January 2001. The Government indicates that, while seeking to minimise workers’ exposure to carcinogenic substances and to promote the protection of workers against occupational health damage and malignant tumours as provided for in section 88, subsection 2 of the Act XCIII on Labour Protection, 1993, it reflects the provisions of the Convention as well as those of the respective Directives of the European Union. As to the content, the Committee notes the Government’s indication that, inter alia, the Order deals with risks management, risks minimisation, substitution of carcinogenic substances; prevention and exposure minimisation; provision of information and training to staff; registering employees working under exposure to a carcinogenic substance; health examination; generating and preserving documentation as well as a list of carcinogens characterized by sentences R45 and R49. In view of this information, it would appear to the Committee that Order 26/2000 (IX.30.)EüM would meet the requirements set forth in Articles 1, 2, 3, 4 and 5 of the Convention. The Committee therefore would be grateful if the Government would supply a copy of the above Order in order to enable it to determine the extent to which the provisions of this Order in fact would apply the above articles of the Convention.

Beyond these comments and with regard to the Government’s comprehensive explanations contained in its reports, the Committee draws the Government’s attention distinctively to the following points.

1. Article 2 of the Convention. The Committee notes from the Government’s report that, pursuant to Government Decree 233/1996 (XII.26.) on the Rules of the Procedure Relating to Hazardous Substances and Hazardous Preparations, prior to the start of the production, manufacture, processing or utilisation, including the import from abroad of hazardous substances or preparations, the less hazardous material suitable for the activity concerned must be chosen on the grounds of a risk assessment and a cost/benefit analysis to be carried out. The Committee understands that a cost/benefit analysis in this context would imply deliberations on the economic tolerability in the determination whether carcinogenic substances or agents are to be replaced by less harmful substances or agents, a restriction, which is not foreseen by Article 2, paragraph 1 of the Convention. The Committee therefore requests the Government to supply a copy of Government Decree 233/1996 (XII.26.) to reveal the extent to which this article of the Convention is applied.

2. Article 3. With regard to the data on the results of the medical examination to be carried out under the provisions of Decree 33/1998 (VI. 24.) on Medical Examination of/Report on Occupational, Professional and Personal Hygienic Aptitude, the Committee notes with interest the Government’s indication that these data have to be compiled in a documentation, which is maintained by the occupational health service, and conserved pursuant to Act XLVII on the Management and Protection of Health and Related Personal Data, 1997, for at least thirty years. In case of the cessation of the employer’s activities, these data must be transferred to the competent institute of the National Health Officer’s Service (ANTSZ). The Government further indicates that the registration obligations of the both the employer and the ANTSZ are specified in Decree 26/2000. The Committee would be grateful if the Government would transmit a copy of the legal texts referred to above to enable the Committee to examine in detail the application of Article 3 of the Convention by the national legislation.

3. Article 5. The Committee notes from the Government’s indications provided in its last report under Convention No. 161 that specific occupational medical aptitude examinations are addressed in the Minister of Welfare Decree 33/1998 (VI.24.) NM on the Medical Examination of/Report on Occupational, Professional and Personal Hygienic Aptitude providing for mandatory preliminary and periodic annual medical examinations of workers exposed to carcinogenic substances as well as for a "final examination" of workers after they have ceased the activity or the employment relationship where they have been exposed to carcinogens. The Government further indicates that these post-assignment medical examinations are to be carried out for ten years in the case of worker’s exposure to human carcinogenic substances, and for four years after exposure to benzene or ionising radiations. Taking note of this information, the Committee requests the Government to explain the reasons for providing workers, who were exposed to human carcinogens, more than twice as long with medical examinations after they ceased their activity in comparison to workers who were exposed to benzene or ionising radiations. Moreover, the Committee will provide further comments after it had examined the above Decree. The Committee also requests the Government to indicate whether the methodological guidelines for medical examinations, which the Government had announced in its report of 1996, have been issued in the meantime. If that is the case, it would requests the Government to provide a copy of them.

4. Part IV of the report form. The Committee notes with interest the Government’s indication that the collection of data on professional health damage caused by carcinogenic substances is mandatory by virtue of the Government Decree on the National Statistical Data Collection Programme in the form of annual reports on occupational diseases, which, according to the Committee’s understanding, is most recently prescribed under number 1572 of Government Decree 187/1998 (XI.13.). It notes that, in 1998, three cases of tumour of occupational origin were reported caused by exposure to asbestos and metal fumes of different kinds. The Committee, taking due note of this information, invites the Government to continue to provide information on the practical application of the Convention in the country. It also requests the Government to transmit a copy of the above legal texts.

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The Committee notes the information provided in the Government's report. It also notes the comments by the National Federation of Autonomous Trade Unions on the application of the Convention.

Article 1, paragraphs 1 and 3, and Article 2 of the Convention. The Committee notes that draft decrees regulating the procedure related to hazardous substances and preparations (based on EEC Directives Nos. 67/548 and 88/379) to replace Decrees No. 26/1985 (V.11.) MT and 16/1988 (XX.22.) SZEM, as well as a decree on the prevention of hazards related to carcinogenic substances (based on EEC Directive No. 90/394) are under consideration. It notes that an up-to-date list of carcinogenic substances as well as measures aiming at the reduction of the number of exposed workers, the duration and degree of exposure, would be included in the new provisions. The Committee requests the Government to provide a copy of the new texts, when adopted.

Article 3. The Committee notes the comments by the National Federation of Autonomous Trade Unions that there exists no register on occupational cancer. Noting the Government's statement that the possibility of introducing such a register is envisaged in the framework of the adoption of the new provisions, the Committee hopes that the Government will ensure the establishment of an appropriate system of records, in conformity with this Article of the Convention. It requests the Government to provide information on measures taken or envisaged to this end.

Articles 5 and 6(a). Further to its previous comments, the Committee notes the Government's indication that the modifications to Decree No. 4/1981 (III.3.1.) EüM on "medical examination and report on occupational fitness" have come into force and that the new provisions provide for preliminary and periodical examinations as well as for a final compulsory examination for persons having worked with carcinogenic substances (after four years' exposure to benzene or ionizing radiation, after ten years for other substances). The Committee also notes that recommendations on the type of periodical and final examination will be included in the planned methodological guidelines. The Committee requests the Government to provide a copy of the decree and of the methodological guidelines. Referring also to Article 6(a) of the Convention, the Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned.

[The Government is asked to report in detail in 1999.]

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The Committee notes the information provided by the Government in reply to its previous direct request. In particular as concerns the application of Article 1, paragraphs 1 and 3, of the Convention, the Committee notes with interest the adoption of Decree No. 26/1985 on the procedure related to toxic substances, Decree No. 16/1988 (XII.22), and Standard No. MSZ 21461/1-1988 (which includes a list of substances classified into categories by the WHO and IARC).

Article 5. In its previous comments, the Committee had noted the Government's indication that Decree No. 4/1981/III.31/EUM of the Ministry of Health was being revised and would include provisions to ensure that the health of workers exposed to carcinogenic substances is monitored even after leaving work involving such exposure. The Government has provided in its latest report information concerning the difficulty of evaluating possible tumorous diseases in workers exposed to carcinogenic substances in the working environment and the problems arising with respect to their compensation. The Committee would recall that Article 5 of the Convention calls for workers to be provided with such medical examinations or biological or other tests or investigations after employment as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. It would point out that there is a serious risk of a cancer being undetected if the worker who has been exposed to carcinogenic substances does not undergo certain medical examinations or tests after employment. The Government is requested to indicate whether it is still planning to revise Decree No. 4/1981/III.31/EUM as indicated in its previous report and, if not, to indicate the measures taken or envisaged to ensure that workers receive medical examinations or other tests, as necessary, after leaving work involving exposure to carcinogenic substances.

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The Committee notes the information contained in the Government's report, in reply to its previous direct request.

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that the draft decree to implement the provisions of Decree No. 24/1985/V.II is being discussed by the national authorities and that it is likely to be approved soon. The Committee reiterates its hope this decree will be adopted in the near future and that it will contain a list of carcinogenic substances and agents, occupational exposure to which will be prohibited or regulated, in accordance with the provisions of this Article.

Article 5. The Committee notes with interest that the updating of Decree No. 4/1981/III.31/EUM of the Ministry of Health has begun and that the revised version will include provisions which stipulate that the worker's health is to be monitored after leaving a job involving work with certain carcinogens. It hopes that the updating of the Decree will also take into account the latest information from competent bodies on the designation of the carcinogenic substances.

The Committee hopes that in its next report the Government in its next report will be able to indicate the progress made in the adoption of the above-mentioned provisions and that it will supply the texts of those provisions once adopted.