Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes with interest the information provided in the Government's report concerning the application of Article 1 of the Convention. It also notes with interest from the Government's reply to the observation made by the Central Union of Venezuelan Workers (CUTV) that, by virtue of Decree No. 2.208 of 12 May 1992, the National Council and the National Institute on Prevention and Health and Safety at Work have been created. The Government is requested to provide further information on the following points:

I. 1. Article 2, paragraph 1. The Committee notes the indication in the Government's report that the costs of installing safety equipment, of undertaking workplace environment studies, of providing for the medical supervision of workers' health and of ensuring that the maximum exposure limits are respected has been high in comparison with the benefits of using carcinogenic substances and thus, substances which provide the same advantages and are not a health risk, or are much less toxic, are used instead. The Government is requested to provide information on any efforts made to ensure that, in cases where there is a reasonable substitute product, carcinogenic substances and agents are indeed replaced by such products.

2. Article 2, paragraph 2. The Committee notes that sections 2, 3 and 4 of the Decree published in the Gazeta Oficiel No. 33046 of 22 August 1984 set forth limits to certain substances in cases where a worker is exposed to such substances for an eight-hour day. It further notes the Government's indication that there are no measures at present to reduce to a minimum the number of workers exposed to carcinogenic substances and agents. The Government is requested to indicate the measures taken or envisaged to ensure that the duration of exposure to certain substances is reduced to a minimum compatible with safety and that the number of workers exposed is also reduced to a minimum, in conformity with this Article of the Convention.

3. Article 3. The Committee notes the Government's indication that no system of records concerning worker exposure to carcinogenic substances and agents has been established, but that the Government would be interested in further information on such systems. In this regard, the Committee would refer the Government to the ILO's Occupational Safety and Health Series, publication No. 39 - Occupational Cancer: Prevention and Control, in particular, Chapter 8 on registers and recording. The Government is requested to indicate in its next report any measures taken or envisaged to establish a system of records of worker exposure to carcinogenic substances or agents.

4. Article 5. The Committee notes with interest that the periodicity of medical examinations provided for by the COVENIN Standard No. 2274-85 is either twice a year or yearly, depending on age. It further notes that the Decree in the Gazeta Oficiel No. 33046 provides for pre-employment, annual and post-employment medical examinations for workers exposed to asbestos, vinyl chloride, chromic acid chromates and nickel. The Government is requested to indicate any measures taken or envisaged to provide for post-employment medical surveillance for workers exposed to other carcinogenic substances.

II. The Committee notes the Government's indication that COVENIN Standard No. 2274-85 has been sent back for public discussion prior to its final review by the Directorate for Standardization and Quality Certification. The Government is requested to indicate, in its next report, the progress made in the review of this standard.

The Committee also notes the Government's indication that the Regulations on the Conditions of Occupational Health and Safety were submitted to an Ad-Honorem Committee for review in 1983 and a first revised draft was prepared in 1985 and was brought up to date in 1989. According to the Government, the final draft will be submitted to the interested parties so that it may be adopted by the competent authority. The Government is requested to indicate any further progress made in this regard.