Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. The Committee notes the Government’s report received in the ILO at the end of August 2005 and the Government’s reply to the Committee’s previous comments transmitted in November 2005. It draws the attention of the Government to the following points.

2. Article 3 of the Convention. Measures to protect workers against the risks of exposure to carcinogenic substances and agents. The Committee notes the Government’s reference to resolution No. 415/02 on carcinogenic agents, issued by the Office of the Superintendent of Risks at Work (SRT), resolution SRT No. 310/03 changing the list of carcinogenic agents in the appendix to the previous resolution, and resolution SRT No. 840/05 which establishes a registry for notification of occupational diseases. The Committee requests the Government to provide with its next report these texts in order to enable the Committee to examine the effect given to this Article of the Convention.

3. Article 5. Post-employment medical examination. The Committee notes the information provided by the Government that post-employment medical examination is normally only performed in cases where a worker seeks compensation. In those cases, the insurance company requires a medical examination in order to determine whether the claim is justified. The Committee also notes that, with reference to the Spanish version of this Article, the Government indicates that the Convention prescribes medical examination either during the period of employment or thereafter. The Committee notes, however, that the English and French texts of the Convention, which are the authoritative versions according to Article 14, prescribe that medical examinations are mandatory in both cases. Noting such a compulsory nature of medical examinations, the Committee recalls 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, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only during the period of employment and before the termination of their employment relationship, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

4. The Committee notes, from the Government’s reply, that the Office of the Superintendent of Risks at Work (SRT) does not have the information requested by the Committee in its previous comments. The Committee refers again to resolution No. 64/91 on negotiating committees to be convened with a view to applying the occupational safety and health regulations and the technical standards elaborated by the National Occupational Safety and Health Directorate, as well as to the indication of the Government that among the information recorded by the Superintendent of Risks at Work there does not exist any data coming from the Sub-secretary of Work as concerns the results of the work of the negotiating committee to be convened. The Committee requests the Government, once again, to clarify whether the above committee has already been convened and, if that is the case, to supply information on the results of their work accomplished as soon as they are made available to the Office of the Superintendent of Risks at Work.