Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Occupational Cancer Convention, 1974 (No. 139) - Nicaragua (Ratification: 1981)

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

Articles 1 and 3 of the Convention. The Committee takes note of the Government’s information concerning these Articles. In its report the Government refers to the annual meeting of Health Ministers of the Central American Region and Dominican Republic (RESSCAD) in 2000, which reached an agreement to ban the use of carcinogenic substances and agents or submit them to authorization or control. The Government gives the list of substances and agents in its report. The Committee asks the Government to state whether the above agreement is binding for Nicaragua and to send a copy of the full text of the RESSCAD instrument including the abovementioned list, and to indicate which substances are prohibited and which are subject to authorization. The Committee also notes that, according to the Government, the Ministers of Health of Central America and the Ministers of Labour, Agriculture and Forests, Environment and Natural Resources of Nicaragua, determined the carcinogenic substances and agents occupational exposure to which will be prohibited or subject to authorization or control. A list of them also is provided. The Committee asks the Government to state whether this agreement is binding for Nicaragua, to provide a copy of the full text and to indicate which substances are banned and which are subject to authorization. The Committee also notes that, according to the Government, in periodically determining these substances or agents, account is taken of international standards based on the International Register of Potentially Toxic Chemicals. The Committee observes that, according the chemicals division of the United Nations Environment Programme (UNEP) which is in charge of the Register, the latter has not been updated since 1993. The Committee therefore suggests that the Government should take as a reference the work and the lists of the International Agency for Research on Cancer (IARC). The Committee notes that the list supplied by the Government enumerates some products regarded as carcinogenic by the IARC. The Committee recalls that the list supplied by the Government is not exhaustive and there is no mention that it is merely indicative. The Government is therefore asked to consider increasing the number of products in this category which are prohibited or subject to authorization.

The Committee recalls that in its previous comments it took note of the establishment of a National Centre for Information and Documentation on Toxic, Dangerous and Similar Substances. The Committee expressed the hope that, once established, the Centre would be able to take the necessary steps to give effect to the provisions of Articles 1 and 3 of the Convention with regard to periodically determining carcinogenic substances and agents and prescribing measures to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee therefore asks the Government to provide detailed information as to whether the abovementioned Centre has been set up and is operational; whether, in addition to the list established by the annual meeting of Health Ministers of the Central American Region and Dominican Republic (RESSCAD), a national list of carcinogenic substances and agents has been drawn up; and whether the abovementioned Centre has created a register of such substances and agents, giving consideration to the latest information contained in the codes of practice or guides which may be established by the International Labour Organization, as well as to information from other competent bodies. The Committee notes in this connection the information supplied by the Government on the National Register of Pesticides and Toxic or Other Toxic Substances used in agriculture, administered by the Ministry of Agriculture and set up under Basic Act No. 274 to regulate and control pesticides and toxic or other dangerous substances. The Committee also notes the records provided for in Chapter IX of the Ministerial Resolution on Industrial Hygiene at Work of 28 July 2000. The Committee states that it is not clear whether it is possible in the first record to include the effects on workers’ health of the products and substances controlled and regulated by the abovementioned Act. As to the second record, the Committee states that, according to the abovementioned resolution, it is to be kept by the employer. The Committee recalls that it is the Government which is required to establish an appropriate system of records, and while it may be useful to have records kept by the employer, this is not enough to give effect to the Convention. The Committee therefore urges the Government to take the necessary steps to meet the requirement of a system of records laid down in Article 3 of the Convention. The Committee suggests that, in taking the necessary measures, the Government should refer to Paragraph 15 of the Occupational Cancer Recommendation, 1974 (No. 147).

Article 2. With reference to its previous comments, the Committee notes the Government’s reference to Basic Act No. 274 of 1998 to regulate and control pesticides and toxic and other dangerous substances, and particularly section 21 of the Act which sets forth the functions of the Ministry of Health. The Committee also notes that, according to the Government, article 6 of the Ministerial Resolution on Occupational Hygiene and Safety of 26 July 1993 which establishes the employer’s obligations, would give effect to this Article of the Convention. The Committee recalls, however, that Article 2 requires every effort to be made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non carcinogenic substances or agents or by less harmful substances or agents. It further provides that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure must be reduced. General measures such as those referred to by the Government cannot therefore be deemed sufficient to give effect to the provision of Article 2 of the Convention. Consequently, the Committee asks the Government to adopt the necessary measures to give effect to the Convention, and particularly legislative or regulatory measures requiring the replacement of specific carcinogen substances or agents by others which are deemed to be less harmful; and which set the number of hours for which workers may be exposed to such substances or agents, specific levels of exposure, etc.

Article 4. The Committee notes the Government’s statement that the current Labour Code, the Ministerial Resolution on Occupational Hygiene and Safety of 26 July 1993 and the Ministerial Resolution on Safety and Hygiene respecting the use, handling and application of pesticides and other agrochemicals at places of work, 24 November 2000, are the standards which would give effect to the provisions of Article 4 of the Convention. The Committee also notes the Government’s statement that the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, requires employers to provide information on the matters specified in Article 4. The Committee recalls that Article 4 of the Convention requires each Member which ratifies the Convention to take steps so that workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken. The Committee observes that, while the provisions of the abovementioned resolution may be useful, they are not enough to give effect to Article 4. It therefore asks the Government to inform it of provisions adopted to apply this Article of the Convention.

Article 5. The Committee notes the information supplied by the Government in the form of a reference to the provisions on obligations for employers contained in the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, namely: occupational medical examinations (Chapter VIII), the content of such examinations (Chapter X), evaluation of industrial health risks (Chapter V), notification of a summary of the medical examinations (Chapter XI). The Committee recalls that Article 5 of the Convention requires each Member which ratifies it to take steps 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 of exposure to carcinogenic substances or agents in particular. The Committee asks the Government to inform it of arrangements made to give practical effect to this Article of the Convention.

Article 6. The Committee notes that several legal instruments submitted by the Government contain provisions on sanctions and liability for failure to apply the standards (article 10 of the Ministerial Resolution on Occupational Hygiene and Safety, 26 July 1993, Chapter III of the Basic Law to Regulate and Control Pesticides, Toxic and Other Dangerous Substances (Act No. 274 of 13 February 1998), Chapter XXI of the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, Chapter XVI of the Ministerial Resolution on Hygiene and Safety Respecting the Use, Handling and Application of Pesticides and Other Agrochemicals at Workplaces, 24 November 2000). The Committee nevertheless notes that only two of the above instruments refer, succinctly and in general terms, to the inspection services to be provided by the Government (article 5 entitled "Supervision of the Ministerial Resolution on Occupational Hygiene and Safety, 26 July 1993", and section 21(3) of the Basic Act to Regulate and Control Pesticides and Toxic and Other Dangerous Substances (Act No. 274 of 13 February 1998)). The Committee recalls that paragraph (c), of Article 6, of the Convention establishes that each Member which ratifies it must undertake to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out. The Committee asks the Government to provide information on measures and arrangements for applying this Article of the Convention, and on the organization, functions and powers of the inspection services responsible for supervising the application of the Convention.

Lastly, the Committee asks the Government to provide general information, as Part IV of the report form requires, on the manner in which the Convention is applied in the country, 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 causes of cases of disease, etc.