Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational Cancer Convention, 1974 (No. 139) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Other comments on C139

Observation

1992

Direct Request

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Article 1 of the Convention. The Committee notes the Government’s report of August 2011 indicating that the National Institute for Occupational Hazard Prevention, Health and Safety (INPSASEL) is using the internationally certified list of carcinogenic substances of the International Agency for Research on Cancer (IARC), and also the lists of hazardous substances issued by the ILO. The Committee requests the Government to provide information on the manner in which INPSASEL is using these lists, including details of the relevant legislation and INPSASEL reports on its application, and also indicating the manner in which the effective application of the legislation is ensured in workplaces.

Article 2(1). Replacement and exposure levels. The Committee notes the Government’s indication that INPSASEL is developing a matrix of exposure to carcinogenic substances according to the IARC list following the carcinogenic occupational exposure database (CAREX) methods. The Committee requests the Government to supply information on progress made in the preparation of the matrix of exposure to carcinogenic substances and on the application thereof.

Replacement of asbestos. Since 1998, when the Committee noted that the decision had been taken to replace asbestos in packaging at the Petróleos de Venezuela, SA (PDVSA) enterprise, the Committee has been asking the Government to send a copy of the relevant regulation. The Committee notes that the Government has sent a copy of the protocol on the applicable procedure for the removal of asbestos and materials containing asbestos. This relates to Article 3 of the Convention concerning measures to be taken to protect workers while handling asbestos but not to Article 2 of the Convention, which deals with the replacement thereof by other materials. In view of the Government’s statement in its report of 4 September 1996 that more than ten years ago PDVSA instructed its branches to replace asbestos in insulation and other uses and that this instruction was based on standards deriving from official regulations, and in view of the fact that the protocols sent by the Government make no reference to the aforementioned replacement, the Committee requests the Government to clarify this matter and indicate whether a regulation is currently in force which orders the replacement of asbestos by PDVSA. The Committee also requests the Government to indicate whether asbestos has been replaced in any given sector and to send information on any other carcinogenic substances or agents which have been or are being replaced.

Article 2(2). Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. With reference to its previous comments, the Committee notes standard No. 3496 of 1999 of the Venezuelan Convention of Industrial Standards (COVENIN) and also notes that the report refers to COVENIN standard No. 2259 of 1995. However, it is unclear which of these standards is currently in force. Moreover, the Committee notes that both standards stipulate, with respect to pregnant women, that during the period from conception to childbirth it must be guaranteed that the embryo/foetus is not exposed to more than 5 mSv. In this regard, the Committee of Experts states in paragraph 13 of its 1992 general observation on the Radiation Protection Convention, 1960 (No. 115) – drawn up on the basis of the recommendations of the International Commission on Radiological Protection (ICRP) – that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public (which are not to be exposed to more than 1 mSv per year). Noting that the Government is undertaking numerous activities in the field of radiation protection, it also notes that the stated limit for pregnant women does not appear to be in line with these indications. Taking account of the fact that the maximum permissible level of exposure is of an evolving nature, as pointed out by the Government in the information supplied, the Committee requests the Government to take all possible steps to adopt stricter standards of protection in relation to the unborn child and to state in its next report the limits in force that apply to various categories of workers, including pregnant women.

Article 3. Measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee notes that the Radiophysical Health Programme to which it referred in its previous comments is not yet operational. It also notes that the Ministry of People’s Power for Health recently incorporated a Directorate of Radiological Health in its structure which has two national coordinating offices: (1) the Coordinating Office for the Regulation and Control of Radiation; and (2) the Coordinating Office for Radiological Protection and Health. The Committee requests the Government to provide information on protection measures relating to the risks of exposure to carcinogenic substances or agents.

Article 5. Measures to ensure that workers are given medical examinations. With reference to its previous comments, the Committee notes that, according to the Government’s report, every workplace has a health monitoring programme, in accordance with the terms of the Organic Act concerning hazard prevention and working conditions and environment (LOPCYMAT) and its regulations. The Committee also notes that these regulations require medical examinations to be undertaken, and other examinations under consideration include a periodic health test, pre-employment test, pre- and post-vacation tests, and tests connected with termination of employment and exposure to hazards. The Committee also notes that the health services will keep a medical history register for ten years after termination of the employment relationship and that the information will then be kept by INPSASEL. The Committee requests the Government to supply information on the risk factors under consideration for determining examinations relating to exposure to hazards as referred to by the final paragraph of section 27 of the LOPCYMAT regulations. Moreover, given that section 22 of the regulations requires the setting up of health services where there are 50 or more workers, the Committee requests the Government to supply information on the measures taken to apply this Article of the Convention to workers in enterprises who work with carcinogenic substances or agents.

Article 6. Measures, bodies and appropriate inspection services. The Committee notes that, according to the report, the first prosecutor’s office with nationwide competence in occupational safety and health (OSH) was opened in August 2010 and that this reinforces compliance with the Convention. The Committee requests the Government to supply information on the tasks performed by this prosecutor’s office in relation to the present Convention.

Part IV of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the applicable protocols for monitoring the index of occupational and public radiological safety, and notes that some 3,500 persons in the industrial sector are protected by a radiological vigilance programme and research concerning some 90 persons are under way, and that there is no evidence of occupational diseases relating to radiation. The Committee requests the Government to provide information on the application of the Convention in practice with regard to workers in other sectors covered, such as workers exposed to benzene or asbestos.