Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the adoption of the Fundamental Act of 13 February 1998 respecting the regulation and control of pesticides, toxic and other dangerous substances which, while providing responses to some of the issues relative to the application of the Convention, ignores the specific problems addressed by the Convention. Consequently, the Committee wishes to draw the Government's attention to the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that section 20(1) of the above Act establishes a National Information and Documentation Centre on Toxic Substances which, under section 20(2) shall monitor and supervise contamination by pesticides, toxic or other dangerous substances which are natural or man-made. Section 22(1) and (2) of the Fundamental Act empowers the Minister of Labour to monitor, regulate and supervise the safety of premises where workers are exposed to pesticides, toxic and other dangerous substances and to apprehend and supervise the potential risks of exposure to these substances. The Committee requests the Government to indicate whether the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are periodically determined, in accordance with Article 1, paragraph 1, of the Convention, in the light of paragraph 3 of this Article of the Convention.

Moreover, the Committee notes that the Fundamental Act includes no provision to give effect to the following Articles of the Convention: Article 2 (replacing carcinogenic substances and agents by non-carcinogenic substances or agents and reducing the number of workers exposed to and their exposure to a minimum compatible with safety); Article 3 (special measures to be taken to protect workers against the risks of exposure to cacogenic agents and substances and the establishment of an appropriate system of records); and Article 5 (medical examinations or biological tests or investigations, when so required, during and subsequent to the period of employment).

The Committee notes the Government's statement to the effect that the Government has requested the assistance of a multidisciplinary team for the Americas and the Caribbean States to amend national legislation to bring it into full conformity with the provisions of the Convention. The Committee hopes that the necessary measures will shortly be taken to this end and requests the Government to transmit any information in this respect.