National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - SpanishView all
1. The Committee takes note of the Government’s report and the information supplied in response to its previous comments. It notes with interest the adoption of Labour Code No. 12 of 2003, Ministerial Order No. 211 of 2003 that identifies the carcinogenic substances to which the exposure of workers should be limited and Ministerial Order No. 180 of 2003 relating to the provision of medical care for workers.
2. Article 2, paragraph 2, of the Convention. Reduction of limits of exposure. The Committee notes the indication of the Government that section 211(A) of Labour Code No. 12 of 2003 requires that the exposure of workers to carcinogenic materials should not be in excess of the maximum levels permitted and that Ministerial Order No. 211 of 2003 prescribes the duration and degree of such exposure. Recalling that Article 2, paragraph 2, of the Convention also requires the number of workers exposed to carcinogenic substances or agents to be reduced to the minimum compatible with safety, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents is reduced to the minimum compatible with safety.
3. Article 4. Provision of information to workers. The Committee notes the indication of the Government that section 217(B) of Labour Code No. 12 of 2003 and section 36 of Ministerial Order No. 211 of 2003 give effect to Article 4 of the Convention. The Committee notes that section 217(B) is of a general nature and requires that workers be informed of possible risks related to the work in question. It also notes the indication of the Government that section 36 of Ministerial Order No. 211 of 2003 requires workers to be notified through written or oral instructions, of hazards that may result from the use of chemical substances at work and also requires them to be trained on the means of protection against these hazards. The Committee requests the Government to indicate the measures taken in practice to give effect to the requirements of these provisions so as to ensure that the workers concerned are informed in a complete and comprehensive manner about the dangers inherent in work involving exposure to carcinogenic substances or agents and on the protective measures that should be taken.
4. Article 5. Medical examination of workers. The Committee notes that section 219(C) of Labour Code No. 12 of 2003 requires employers to coordinate with the Health Insurance Authority for carrying out the periodical medical examination of all the workers of the establishment and a medical examination at the end of their service. It also notes the indication of the Government that Ministerial Order No. 180 of 2003, Social Insurance Act No. 79 of 1975 and Ministerial Order No. 218 of 1977 give effect to the requirements of Article 5 of the Convention. The Committee requests the Government to clarify whether in practice all workers exposed to carcinogenic substances or agents are entitled to periodic medical examinations by virtue of these laws. It also requests the Government to provide information on the frequency of such examinations and the kind of examinations provided.
5. Part IV of the report form. Practical application of the Convention. The Committee notes the indication of the Government that 27 departments, 178 occupational health and safety offices and 1,000 inspectors are involved in the application of the provisions of the Convention. It also takes note of the half-yearly bulletin on industrial safety statistics published in June 2003. The Committee requests the Government to continue to provide information, disaggregated by sex, if possible, on the practical application of the provisions of the Convention.