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

Occupational Cancer Convention, 1974 (No. 139) - Ireland (Ratification: 1995)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        Article 1, paragraph 1, of the Convention. In its previous comment, the Committee noted the Government’s indication that the lists of substances, included as Appendix A and B to the 1993 Guidelines to the Safety, Health and Welfare (Carcinogens) Regulations, would be brought up to date on an annual basis by the National Health and Safety Authority. In response to its request, the Government has sent another copy of the 1993 Safety, Health and Welfare at Work (Carcinogens) Regulations, however, without its Appendices A and B, containing the list of carcinogenic substances. Moreover, the Government does not indicate whether the abovementioned Appendices have been updated as mentioned in its prior report. The Committee therefore would ask the Government to supply, with its next report, copies of the updated Appendices A and B to the abovementioned Regulations containing the list of substances which may cause a risk to the worker’s health because of their chemical, toxic or physical nature.

        Article 5. The Committee notes Regulation 15, paragraph 1(b), of the Safety, Health and Welfare at Work (General Application) Regulations, 1993, and Regulation 12, paragraph 1, of the Safety, Health and Welfare (Carcinogens) Regulations, 1993, providing for health surveillance of workers which includes medical examinations at regular intervals. It also notes the Government’s indication that these medical examinations are compulsory and that in the context of the medical examinations every employer is legally obliged to prepare a safety statement as well as a risk assessment as part of that safety statement (Regulation 10 of the Safety, Health and Welfare at work (General Application) Regulations, 1993). In this context it is explained that a safety statement is an employer’s programme in writing for safeguarding the health of the employees while they work. It represents the employer’s commitment to the employees’ health and safety, and it should therefore show the manner in which this objective is achieved, including the resources necessary for the maintaining and the reviewing of health and safety laws and standards. A risk assessment consists in a careful examination of the place of employment to ascertain what could cause harm to employees in order to take effective preventive measures. In addition to these preventive measures, the Government indicates that the employer is also obliged to monitor the health of workers who may be exposed to hazards to their health. The frequency of these medical examinations depends on the nature of the job performed and the level of risk involved and must therefore be carried out as often as necessary. In this regard, the Committee notes the provision of Regulation 12, paragraph 1(a), in conjunction with its paragraph 2(b) of the 1993 Safety, Health and Welfare (Carcinogens) Regulations, which to the Committee’s understanding, leaves the decisions concerning the frequency of medical examination up to the responsible medical practitioner. The Committee nevertheless requests the Government to confirm that it is the responsible medical practitioner who may decide on the necessity and consequently on the frequency of carrying out medical examinations. It further asks the Government to indicate whether there is a minimum number of medical examinations that must be carried out within a specific period of time during the employment and thereafter, irrespective of the level of risk inherent in the job performed.