Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

2. Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code and Decree No. 135/1 of 10 August 2004 constituting a national committee to establish a list of dangerous chemical substances and carcinogenic chemical substances. The Committee notes that section 23 of Decree No. 11802 provides, inter alia, that the Ministry of Labour shall adopt decisions to organize safety at the workplace with respect to methods of work, materials and factors of exposures to be banned, limited or submitted for approval by the Minister, taking into account risks resulting from two or more substances or agents simultaneously. As regards the national committee established pursuant to Decree No. 135/1, the Committee notes that the Government reports that it has not yet been established, but that through this Committee the Government intends to take appropriate action to promote the application of the Convention. The Committee hopes that this committee soon will become operational and that, in the context of the determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization, due account will be taken of codes of practice or guides published by the ILO in the light of current scientific knowledge such as Occupational cancer: Prevention and control, second revised edition, Occupational Safety and Health Series, No. 39, Geneva, 1989. The Committee requests the Government to provide detailed information on measures taken or envisaged to establish a list of dangerous carcinogenic substances and agents, including providing it with a copy of such a list once it has been adopted, as well as information on promotional measures taken or envisaged by the committee to establish a list of dangerous chemical substances and carcinogenic chemical substances to ensure a full application of the Convention.

3. The Committee is raising certain other points in a request addressed directly to the Government.