Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 following matters raised in its previous direct request.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the Government’s statement with respect to the Prevention of Harmful Effects of Tobacco Act of 9 March 1973 that it is enforced through ordinary on-site inspections. It notes the Government’s statement that the Labour Inspection Authority finds that the smoking ban imposed by the Act is respected in most places of work, although major problems can be found in the food and drink serving industry. It further notes the Government’s information that the rules governing consent for building alterations of workplaces under section 19 of Act No. 4 of 1977 respecting workers’ protection and work environment will govern no smoking zones, and that as of 1 June 2004 smoking is no longer permitted indoors at establishments serving food and/or drink. The Committee requests the Government to continue to provide information on the implementation of the total ban of smoking in public places, particularly in establishments serving food and/or drink as well as in the nursing and care services sector.

Article 5. Medical examinations and biological or other tests. The Committee notes the Government’s statement that the primary aim of medical examination of employees prior to their employment is to assess an employee’s general state of health through the worker’s medical history and requisite tests in order to establish if there are any medical factors indicating that the employee should not be exposed to carcinogenic substances. It notes that this includes medical conditions such as impaired immune defence or earlier cancer disease liable to pose increased risk, or eczema on hands that is considered to expose the employee to increased risk when handling carcinogenic substances. Having previously noted that medical examinations thereafter shall be carried out at regular intervals, the Committee requests the Government to provide information with its next report on the regularity of these medical examinations.

Part IV of the report form. General appreciation of the practical application of the Convention. The Committee notes the Government’s statement that the Labour Inspection Authority has taken steps to increase the scope and quality of its oversight of chemical health hazards, including carcinogenic substances and agents. It notes in particular that this is to be carried out through training of inspection personnel and that a major campaign is currently being undertaken in four different industries aiming to raise levels of competence and to reduce the likelihood of employees developing solvent-related disorders and skin and respiratory ailments. The Committee requests the Government to provide detailed information with its next report on the results obtained from these measures.

The Committee notes that during the period from 31 May 2001 to 31 May 2004, sanctions were applied 18 times for violation of sections 23–28 of the Chemicals Ordinance concerning carcinogenic or mutagenic chemicals and agents. It notes that during the reporting period the local Labour Inspectorate reported one case to the police concerning one enterprise for violating the Working Environment Act (sections 8(1)(e), 11(1) and (2), 12(4)(b) and 142(b)) in respect of carcinogenic chemicals and that the case currently is under investigation. The Committee asks the Government to provide information with its next report on the outcome of this case and to continue to provide information, disaggregated by sex, if possible, on the practical application of the Convention, particularly through labour inspection.