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

Occupational Cancer Convention, 1974 (No. 139) - Uruguay (Ratification: 1980)

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

Article 1 of the Convention. The Committee recalls that, in conformity with section 12 of Decree No. 183/982 of 29 May 1982, issuing measures intended to protect workers against the hazards caused by carcinogenic substances or agents, it is provided that the Ministry of Public Health shall be responsible for updating and revising the tables referred to in sections 2 6 which appear as annexes to the Decree. The Committee recalls that, according to Article 1 of the Convention, each Member which ratifies the Convention shall periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. It also recalls that in making these determinations consideration shall be given to the latest information contained in the codes of practice or guides which may be established by the International Labour Office, as well as to information from other competent bodies. The Committee requests the Government to inform it whether the aforementioned tables, annexed to Decree No. 183/982, determining carcinogenic substances or agents have been revised and what sources of information were used to determine them.

Article 3. The Committee notes the Government’s indications in reply to its previous comments to the effect that, to date, no supervisory system has been established in practice to ensure compliance with this Article of the Convention by the General Labour and Social Security Inspection Service (IGTSS). The Committee recalls that the Government indicated that the IGTSS intended to establish a register - in conformity with section 9 of the abovementioned Decree No. 183/982 - of communications made by enterprises which used carcinogenic substances or agents. The Committee observes from the Government’s latest report that measures have not been adopted to comply with the provisions in sections 8 and 9 of Decree No. 183/982, which would result in application of Article 3. Furthermore, the Committee understands from the Government’s statement that practical measures have not been adopted to give effect to the provisions of Articles 2 and 4 of the Convention. The Committee therefore requests the Government to adopt the appropriate practical measures to give effect to these Articles of the Convention.

Article 5. The Committee notes the indication by the Government of the measures to ensure that workers are provided with periodic medical examinations and the indication that, to date, no rules have been laid down in regard to specific medical examinations to be carried out before exposure to carcinogenic substances. The Committee recalls that, since submission of the Government’s first report in 1982, it has emphasized the lack of means to give effect to this Article of the Convention which provides that medical examinations shall be carried out after employment. The Committee notes that in one of its previous reports the Government indicated that it had designated a technical committee at the Institute of Oncology of the Ministry of Public Health to lay down a list of clinical and paraclinical checks for the workers concerned from the time of recruitment. The Government also indicated that section 31 of the Decree of 7 February 1987 laid down that medical examinations are compulsory for workers after they have left their employment. Nevertheless, in the light of the information provided by the Committee in its report, it does not appear that the aforementioned Decree has entered into force. The Committee observes that none of the provisions cited by the Government give effect to this point of the Convention, and in practice it is not applied. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 6. The Committee notes with concern the Government’s information to the effect that inspection programmes to supervise application of the present Convention have not been set up. Specifically, the IGTSS has not put into practice a specific plan for supervising the enterprises which handle or use carcinogenic substances as provided in article 11 of Decree No. 183/982. The Government indicates, furthermore, that inspections are carried out only as a result of declarations by workers. The Committee recalls that Article 6, paragraph (c), of the Convention lays down that each Member who ratifies the Convention shall take such steps as may be necessary to give effect to the provisions of the Convention or ensure that adequate inspection is carried out. The Committee urges the Government to indicate the provisions being adopted to ensure application of this Article of the Convention and requests that it supply information on the organization, functions and powers of the inspection services responsible for supervising application of the provisions of the Convention.

The Committee notes the Government’s information to the effect that the IGTSS does not have a statistics department which processes the information contained in reports, records, investigations of occupational accidents, etc. The Committee requests the Government, in accordance with Part IV of the report form, to take the necessary measures to collect and communicate statistics on the number of workers protected by legislation or on 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.