Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

2. The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

3. Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

4. Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.