Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee notes the Government’s indication that the new law amending the Labour Code has not been adopted yet and 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 amended, in accordance with the most recent data, information, studies and standards issued in this regard. The Committee states that the Government announces since 1986, that it will adopt a new Labour Code and, since 1988, the revision of Order No. 55 is announced in order to apply Article 1 of the Convention. The Committee reiterates its firm hope that the indicated revisions will be finished in the near future. The Committee further requests the Government to provide information about the codes of practice or guides which are used to determine carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the Convention shall apply.

Article 2, paragraph 2. The Committee notes the Government’s indication that the relevant labour standards dealing with the reduction of the number of workers exposed to chemical hazards, as well as the reduction of the duration and degree of exposure, were taken into account when some sections of the draft amendment of Order No. 55 have been elaborated. The Committee notes that the Government has been indicating in each of its reports, since 1986, that Order No. 28 of 1982, promulgated pursuant to section 134 of the Labour Code (No. 137 of 1981), providing for the adoption of ministerial orders to reduce the hours of work of certain categories of workers and in arduous work, will be 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 notes that according to the Government’s information, the aforementioned Order has not yet been amended. The Committee, therefore, reiterates the hope that the Government will adopt the amendments to the aforementioned orders in the near future and requests it to supply copies of them once they have been adopted.

Article 3. The Committee notes with interest Order No. 36 of 1982 issued by the Minister of Manpower and Migration, on the statistical forms on dangerous accidents, injuries and diseases. The Committee notes that this Order establishes the supervision of accidents and occupational diseases for undertakings or branches by imposing the obligation on the employer to report the occurrence of accidents and occupational diseases. The Committee notes that while section 2 of the aforementioned Order merely obliges enterprises to notify the competent industrial safety office of the occurrence of accidents and occupational diseases, section 4 requires that enterprises employing more than 50 workers must submit statistics on accidents and occupational diseases to the competent industrial safety office. The Committee therefore requests the Government to indicate whether consolidated statistics are compiled by the Government, containing data on accidents and occupational diseases. If that is the case, the Government is requested to indicate if on this basis the Government establishes a system of records concerning occupational cancer-related diseases.

Article 4. The Committee notes the Government’s information that Order No. 56 which, according to the Government, will amend Order No. 55, is being elaborated, taking into account the previous observation of the Committee, pointing out that the information of general character that must be supplied to the workers in application of section 117 of the Labour Code does not meet the requirements of Article 4 of the Convention. The Committee also notes the information supplied by the Government that the new Order will be communicated to the Committee upon its adoption. The Committee 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 requests the Government, once again, to take the necessary measures to give effect to this Article of the Convention.

Article 5. The Committee notes the Government’s declaration that observance of Article 5 shall be made with respect to the medical examinations of all workers exposed to carcinogenic substances or agents after their employment. The Committee recalls that each Member which ratifies this Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee therefore urges the Government to 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.

Part IV of the report form. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in Egypt, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc.

[The Government is requested to report in detail in 2003.]