Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Occupational Cancer Convention, 1974 (No. 139) - Czechia (Ratification: 1993)

The Committee takes note of the Government’s last report. It draws the Government’s attention to the following points requiring additional information.

1. Article 1 of the Convention. The Committee notes section 134(d) of the Labour Code, as amended in 2002, prohibiting work with certain substances and agents, except for "… laboratory research, analytical work, disposal of useless stocks, waste and equipment containing these substances and preparations and the disposal of these compounds when they originate as an undesirable by-product when processing another substance or product". It further notes that the Government’s report contains the list of carcinogenic substances belonging to groups 1 and 2, the list of chemical work processes involving the risk of cancer, and the list of mutagens, which according to the Government’s indication, are contained in Annex 9 to Government Regulation No. 178/2001, setting health protection conditions for employees at work. The Government, however, does not indicate whether the substances and agents as well as the work processes appearing in these lists are prohibited or made subject to authorization or control. The Committee therefore requests the Government to specify the substances, agents and work processes which are prohibited or subject to restrictions, including possible exceptions that may be granted. It further requests the Government to supply a copy of Government Regulations No. 178/2001, setting health protection conditions for employees at work.

2. Part IV of the report form. The Committee notes the Government’s indication that at present some 10,100 workers are registered as being exposed to carcinogens and asbestos in the course of their work. The incidence of diseases resulting from their exposure to carcinogens is very low, i.e. during the last decade there have been an average of seven patients per year. The diseases mostly diagnosed were mesothelioms and bronchial cancer caused by asbestos. The Committee, while noting with interest the Government’s indications on the practical application of  the Convention, invites the Government to continue to provide information in this respect and, in particular to provide information on the specific protective measures taken in application of Articles 2 and 5 of the Convention to avoid that workers contract a cancer caused by their exposure to carcinogenic substances.

3. The Committee would like the Government to supply a copy of the following legislation: Act No. 258/2000 on Public Health Protection; Decree No. 301/1998, issued by the Minister of Environment, listing chemical substances and chemical preparations production, marketing and application of which is restricted, as amended by Decree No. 390/2000; Decree No. 89/2001, issued by the Minister of Health, setting conditions for work typology categorization, limit values of biological exposure tests, and requirements for reporting manipulation with asbestos and biological agents, as well as of all other legislative texts adopted which may have an impact on the application of the Convention.