Observación (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

1.  Article 1, paragraphs 1 and 3, of the Convention.  For many years the Committee noted the Government’s indication that it intended to take into consideration the Committee’s comments in the revision of the Labour Code (Act No. 137 of 1981) and of Orders No. 55 of 1983, and No. 28 of 1982, and that a review of carcinogenic substances and of asbestos was under way. The Committee notes the Government’s indication in its report that the new Labour Code has not yet been published, but that Order No. 55 of 1983, on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants is currently being prepared and is undergoing final revision before being submitted to the competent state body. Moreover, new chemical substances have been added to the schedule annexed to Order No. 55 of 1983, including a number of carcinogenic substances. The Committee reiterates its hope that the Government will soon be able to report the adoption of the new Labour Code, as well as the revision 6 of Order No. 55 of 1983, with a view to ensuring the application of Article 1, paragraphs 1 and 3, of the Convention.

2.  Article 2, paragraph 2.  The Committee notes the Government’s indication to the effect that the draft amendment to Order No. 55 of 1983, will incorporate measures which aim to reduce the number of workers exposed to chemical hazards, as well as the duration and degree of exposure. The Committee hopes that the draft amendment to Order No. 55 of 1983, will be adopted in the near future and will contain provisions requiring specific measures to be taken with a view to reducing the number of workers exposed, in conformity with Article 2, paragraph 2, of the Convention. With regard to the duration of exposure to carcinogenic substances or agents, the Government has indicated in its reports since 1986, that Order No. 28 of 1982, promulgated pursuant to section 134 of the Labour Code, which provides for the adoption of ministerial orders to reduce the hours of work of certain classes of workers and in arduous work, is being amended with a view to the inclusion of certain activities, involving exposure to carcinogenic substances, in the schedule of dangerous and hazardous activities. The Committee accordingly hopes that the Government will amend the existing Order in the near future in order to bring it into conformity with this Article of the Convention. It requests the Government to supply copies of the revised Orders once they have been adopted.

3.  Article 3.  In its previous comment, the Committee noted the Government’s indication that Order No. 36 of 1986, establishes the reporting procedure for the data on occupational diseases, accidents, injuries, ordinary and chronic diseases and cases of exposure to carcinogenic substances which occur at the workplace, in establishments with at least 15 workers, which is to be reported on forms to be filled in under the supervision of the establishment’s physician. The Committee had recalled that this Article of the Convention provides for measures to protect workers against the risk of exposure and for an appropriate system of records; such a system is not limited to workers already suffering from an occupational disease, nor is it limited to establishments employing a certain number of workers, since the Convention applies to all workers who might be exposed in the course of their work. The Committee notes that the Government’s report does not contain a reply in this regard. The Committee therefore reiterates its request and asks the Government to indicate the measures taken for the establishment of an appropriate system of records for the workers concerned.

It also asks the Government to supply a copy of the abovementioned Order No. 36 of 1986.

4.  Article 4.  The Committee notes that section 117 of the Labour Code, Act No. 137 of 1981, provides that the employer shall inform a worker, before his appointment, of dangers related to the non-observance of the protection measures prescribed for his job and shall provide all personal protection measures, including training on their correct use. The Government further indicates that the General Health Insurance Agency notifies the results of the periodic medical examinations, like they are also notified by the Occupational Safety and Health Office, responsible for inspections of enterprises, which are carried out through workers’ representatives who are members of the Occupational Safety and Health Committee at undertakings during the review of the results at their monthly meetings. The Committee wishes to point out that the information of general character that must be supplied to the workers in application of section 117 of the Labour Code, although important, does not meet the requirements of Article 4 of the Convention. It recalls that Article 4 of the Convention calls for information to be provided to the workers on the dangers involved and on the measures to be taken in relation to the exposure to carcinogenic substances or agents. The Committee therefore asks the Government to indicate the steps taken to provide information to the workers on the dangers involved in the exposure to carcinogenic substances and on the measures to be taken in this respect.

5.  Article 5.  The Committee notes that section 122, subsection 1, of the Labour Code of 1981, establishes the employer’s obligation to carry out periodical medical inspections on workers affected by any of the occupational diseases with a view to keeping them permanently fit and to identifying any diseases at their preliminary stages. According to subsection 2, "such an inspection shall be carried out by the General Health Insurance Agency in return for the fees stipulated in the Social Insurance Law and which shall be at the expense of the firm". The Committee further notes the Government’s indication that Order No. 218 of 1977, issued by the Minister of Social Security, specifies that the periodicity of medical examinations for workers exposed to this kind of hazard is either every six months or every one or two years. The Government also explains that the departments responsible for these periodic medical examinations within the units of the General Health Insurance Agency formulate the rules and plans for carrying out such medical examinations, in accordance with international standards and the level of professional exposure. The Committee notes that the Government again refers to section 67 of the Social Security Law No. 79 of 1975, concerning insurance against employment injuries, which provides for continued medical treatment for one year after the employment of a worker who has contracted an occupational disease. In this regard, the Government explains that in the case of insured persons who are exposed to any occupational hazard, such as carcinogenic substances, and who show symptoms of diseases related to such substances, it is essential to take all the necessary measures of investigation to identify the disease. The Committee, taking due note of this information, recalls once again that Article 5 of the Convention provides for medical examinations or biological tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances, and not only for those who have contracted an occupational disease or where there is a firm suspicion that they might have contracted an occupational disease. It points out that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards is intended to respond to the not uncommon situation in which a cancer is not detected until after the worker has terminated the employment involving exposure. The Committee therefore once again hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee hopes that the Government will supply information in its next report on the progress made in this respect.