Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Occupational Cancer Convention, 1974 (No. 139) - Portugal (Ratification: 1999)

The Committee notes the Government’s first report. It would draw the Government’s attention to the following points.

1. Article 2, paragraph 2, of the Convention. The Committee notes that section 5, paragraph 1 of Legislative Decree No. 301/2000, of 18 November, regulating protection of workers against risks associated with exposure to carcinogenic or mutagenic agents in the course of the work, provides for the avoidance or reduction of carcinogenic substances. Section 5, paragraph 2, of this Legislative Decree stipulates that, where it is not technically possible to replace carcinogens, the carcinogens should be used in an enclosed system, and according to subsection 3, the measures set forth under section 6 of this Legislative Decree shall be taken to reduce the exposure of the workers. Section 6(a) and (b) provides for the limitation of the quantities of carcinogenic substances to be used and for the reduction of the number of workers exposed. The Committee however notes that there seems to be no provision providing for the reduction of the duration of workers’ exposure to the minimum compatible with safety. The Committee therefore requests the Government to indicate the measures taken or envisaged to provide as well for the reduction of workers’ exposure to the minimum compatible with safety.

2. Article 5. The Committee notes section 16 of Legislative Decree No. 301/2000 in conjunction with section 19 of the Annex to Legislative Decree No. 26/94, of 1 February, as drafted in Legislative Decree No. 109/2000, of 30 June, establishing the system for the organization and the operation of occupational safety, hygiene and health activities, providing for pre-employment and periodic medical examinations, as well as for additional medical examinations whenever significant changes occur in the work environment, and whenever the occupational health physician deems them necessary, which, however, do 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 before and during the period of employment, 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.