Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its previous comment, the Committee had noted the Government's indication that it intended to take into consideration the comments previously made by the Committee for the revision of Title V of the Labour Code and Orders No. 55 of 1983 and No. 28 of 1982. In its latest report, the Government has indicated that a review of carcinogenic substances and asbestos is presently underway. The Committee hopes that the Government will adopt new regulations or amend the existing Orders in order to ensure the application of the following provisions of the Convention which have been the subject of its comments for a number of years: Article 1, paragraphs 1 and 3, of the Convention (determination of carcinogenic substances and agents which shall be prohibited or made subject to authorisation or control, consideration being given in this regard to the latest international information); Article 2, paragraph 2 (reduction in the number of workers exposed to carcinogenic substances or agents and in the duration of exposure); Article 3 (establishment of an appropriate system of records); and Article 4 (provision of information to workers who are or have been exposed to carcinogenic substances on the dangers involved and the methods of protection). The Committee hopes that the Government will take the necessary measures to ensure the application of these provisions of the Convention in the near future and requests the Government to provide information in its next report on the progress made in this regard.

2. The Committee notes the indication by the Government that section 67 of Title IV of Chapter V of Act No. 79 concerning insurance against employment injuries provides for continual medical treatment during one year after employment for a worker who has acquired an occupational disease. The Committee would recall, however, that Article 5 of the Convention provides for medical examinations or biological or other tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances and not only those who have thereby acquired an occupational disease. The Committee would recall that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after a worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances are provided with medical examinations or biological or other tests or investigations after the period of employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Government is requested to indicate in its next report the progress made in this regard.