Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Occupational Cancer Convention, 1974 (No. 139) - Norway (Ratification: 1977)

1. With reference to its previous direct request concerning the application of Article 1, paragraph 1, of the Convention, the Committee notes with interest from the Government's report that the list of carcinogenic substances was again revised in 1993 and that this list is currently undergoing a revision targeting to classify more substances as carcinogenic.

The Committee notes also the Government's indication that the Toxic Substance Regulations concerning the occupational use of very toxic and carcinogenic substances have not been drawn up. It requests the Government to announce every progress made in this respect and to supply a copy of the regulations to the ILO as soon as they are adopted.

2. Article 2, paragraph 2. The Committee notes with interest that the Directorate of Labour Inspection is preparing a new Regulation on Work Involving Carcinogenic Chemicals which contains, inter alia, a provision to limit the number of workers exposed to carcinogenic substances. It would recall, however, that Article 2, paragraph 2, of the Convention also provides for measures to be taken to reduce the duration as well as the degree of exposure to carcinogenic substances and agents. The Committee requests therefore the Government to indicate whether the new regulation contains provisions with respect to a reduction of the duration and the degree of such an exposure. The Committee hopes that the Government will take appropriate action concerning the incorporation of these points in the new regulation.

3. Article 3. The Committee notes with interest the Government's proposal to incorporate in the new Regulation on Work Involving Carcinogenic Chemicals a section which provides for the establishment of a system of records which keeps the data of workers engaged in work entailing a risk of cancer. The Committee hopes that this regulation will be adopted in the near future and it requests the Government to communicate a copy of this regulation as soon as it has been adopted. The Committee also notes with interest the amendments made by Act in 1995 to the Prevention of the Harmful Effects of Tobacco Act of 9 March 1973 requiring smoke-free air in meeting rooms and in work premises where at least two persons are gathered in order to protect workers against the risks because of exposure to tobacco smoke. The Committee invites the Government to supply with its next report information on the practical application.

4. Article 5. The Committee notes that the draft Regulation on Work Involving Carcinogenic Chemicals provides also for examinations of workers' health and that, according to the Government's proposal, the frequency of such health checks should be determined on the basis of the workers' state of health and the level and duration of exposure to carcinogenic substances. The Committee also takes note of the Regulation on Safety and Health Personnel which entered into force on 21 April 1994. Pursuant to section 6, the state of health of workers exposed to carcinogenic substances has to be examined periodically during the employment. The Committee would recall that Article 5 of the Convention provides, inter alia, that workers shall undergo medical examinations or biological or other tests or investigations, as are necessary, after employment in order to ensure that appropriate medical supervision is provided to workers who may not reveal any symptoms of cancer until some time after the period of exposure. It requests the Government to indicate the measures taken or envisaged to give full effect to this Article of the Convention. Although it was considered inappropriate to specify the nature of the examinations in the Regulation on Safety and Health Personnel as well as in the draft Regulation on Work Involving Carcinogenic Chemicals, the Committee would ask the Government to indicate the nature of the examinations provided for workers exposed to carcinogenic substances and the tests carried out in practice.