Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s reports and the attached legislation.

2. Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the numerous legislative amendments giving further effect to the Convention, including Order No. 559 of 17 June 2004 on the performance of work, Order No. 496 of 27 May 2004 amending Order No. 292 of 26 April 2001 on work with substances and materials (chemical agents) and Order No. 497 of 27 May 2004 on special requirements for producers, suppliers and importers of substances and materials, the latter introducing the prohibition of chromate in cement. It also notes with interest the adoption of Order No. 1502 of 21 December 2004 on asbestos, its section 3 prohibiting the production, importation, use and transport of asbestos, and also notes the Government’s statement that this Order does not apply to demolition work and maintenance on asbestos, but that Chapter 6 (sections 22 to 25) of Order No. 1502 of 2004 provides for rules applicable to such demolition and maintenance work. The Committee also notes the Government’s statement that exemptions from the prohibition of occupational exposure to carcinogenic substances and agents are granted extremely rarely and most often for purposes of scientific research and other laboratory tests. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

3. Article 2, paragraph 2. Reducing the number of workers exposed to carcinogenic substances or agents. With reference to its previous comments regarding measures taken to reduce the number of workers exposed to carcinogenic substances or agents, the Committee notes with interest the Government’s statement that section 10(4) of Order No. 292 of 26 April 2001, on work with substances and materials (chemicals), prescribes that employers are required to remove or limit the exposure of workers to hazardous substances and materials and that they also must, to the highest extent possible, limit to a minimum the number of workers who are exposed or risk being exposed to hazardous substances and materials, in accordance with the Convention.

4. Article 3. Keeping of records. As regards its previous request on whether the reports from medical doctors on known or suspected cases of occupational cancer are recorded by the authorities, the Committee notes the Government’s statement that no central filing occurs of these reports that are submitted to the National Working Environment Authority, but that these reports are used to assess whether there is a reason to order that a given enterprise take measures regarding the working environment in relation to the individual worker. It also notes the Government’s statement that knowledge on occupational connections to occurrences of cancer is collated through data in the pension registry (ATP) and the cancer register. With reference to its comments below concerning medical examinations after the termination of employment, the Committee requests the Government to provide information in its next report on whether it is envisaged to adopt any measures to ensure records on occupational cancer during employment and after the termination of employment.

5. Article 5. Medical examinations. The Committee notes that Chapter 10, sections 32 and 33, of Order No. 1502 of 21 December 2004 on asbestos provide for pre-employment medical examinations and that periodical medical examinations shall be carried out every third year during the employment. The Committee also notes the Government’s statement that medical examinations of former employees may be ordered by the Director-General of the Working Environment Authority, but that this provision has never been made use of. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out 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 there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take measures to guarantee that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

6. Part IV of the report form. The Committee notes the Government’s reference to a report published by the Working Environment Authority on cancer-related illness among Danish workers (1970-97). It appears that this text was not appended to the Government’s report. The Committee requests the Government to submit a copy of the report by the Working Environment Authority on cancer-related illness among Danish workers (1970-97) and to continue to provide information on cancer-related illness, as well as to provide any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.