Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Occupational Cancer Convention, 1974 (No. 139) - Argentina (Ratification: 1978)

The Committee notes the information supplied by the Government in response to its previous comments. It draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the Government’s indication that a commission has been established under the auspices of the Superintendent of Risks at Work, which is engaged to elaborate possible changes to be inserted to the provision DNSST No. 1/95 concerning the keeping of medical records of workers. The Committee accordingly would ask the Government to provide information on the outcome of the work accomplished in this regard.

2. Article 5. The Committee notes with interest resolution SRT.43 of 12 June 1997, issued by the Office of the Superintendent of Risks at Work on medical examinations of workers. It notes that section 1 enumerates the different medical examinations to be carried out in order to monitor workers’ health. Sections 2 to 6 specify the different types of workers’ health surveillance, as there are pre-assignment medical examinations, periodic health evaluations during the employment, medical examinations before transfer to another activity, return-to-work health assessments after a longer absence from work and medical examinations to be carried out before the termination of the employment relationship or before the termination of the apprenticeship. The above provisions further prescribe the framework and the details of each kind of medical examination with regard to their objectives, the appropriateness of carrying out these examinations, their contents and the persons responsible. In this regard, the Committee notes in particular section 6 on optional medical examination of workers before the termination of the employment relationship or the apprenticeship, which, however, does not embrace post-assignment health examinations of workers, as provided for in Article 5 of the Convention. The Committee therefore recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only during the period of employment and before the termination of their employment relationship, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

3. With regard to resolution No. 64/91 on negotiating committees to be convened with a view to applying the occupational safety and health regulations and the technical standards elaborated by the National Occupational Safety and Health Directorate, the Government indicates that among the information recorded by the Superintendent of Risks at Work there does not exist any data coming from the Sub-secretary of Work as concerns the results of the work of the negotiating committee to be convened by the aforementioned Sub-secretary of Work pursuant to the above resolution. The Committee accordingly requests the Government to clarify whether the above committee has already been convened and, if that is the case, to supply information on the results of their work accomplished as soon as they are made available to the Office of the Superintendent of Risks at Work.