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

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

1. The Committee notes the information provided by the Government in response to its previous comments, the observations of the General Confederation of Portuguese Workers (CGTP) and that the General Workers’ Union (UTG) observes that it had no significant issues to raise concerning the application of this Convention.

2. Article 2, paragraph 2, of the Convention. Limitation of duration of exposure. The Committee notes the information submitted by the Government concerning Legislative Decree No. 290/2001 of 16 November. It notes that this legislation covers activities in which workers are or may be exposed to chemical agents, and that, as provided in sections 2 and 3, and without prejudice to the stricter provisions in Legislative Decree No. 301/2000 of 18 November, it applies to chemical agents classified as carcinogenic. The Committee requests the Government to provide information on how these provisions, relating specifically to chemical agents at work, are applied in practice and to indicate the measures taken or envisaged to also provide for the reduction of the duration of workers’ exposure to carcinogenic substances other than carcinogenic chemical agents to the minimum compatible with safety.

3. Article 5. Health examinations after termination of employment. The Committee notes the information provided by the Government in reply to its previous comment including reference to section 13 of Legislative Decree No. 290/2001 of 16 November. This Decree complements the provisions referred to in the Government’s previous reports. The Committee notes that the Government indicates, and the CGTP underscores, that the relevant legislation appears to limit the requirement to provide for health supervision after the termination of employment to the special cases where a worker has developed an identifiable disease or harmful symptom which may have been caused by exposure to hazardous agents or substances. With reference to the provisions in Article 5, the Committee requests the Government to indicate the measures taken or contemplated to ensure that not only workers who have developed an identifiable disease or harmful symptom are provided with such 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 supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

4. The Committee also notes that the CGTP contends that only workers in respect of whom the assessment shows the existence of risks will be subject to special health supervision and that national legislation does not provide for specific examinations to assess the effects of exposure but only "normal medical examinations" to which all workers are subject. In response, the Government refers to section 12 of Legislative Decree No. 301/2000 which specifically provides for health supervision of workers where the assessment reveals the presence of risks and to section 16 of Legislative Decree No. 26/94 of 1 February, as amended by Law No. 7/95 of 29 March and by Legislative Decree No. 109/2000 of 30 June, which provides for medical examination for all workers in order to verify their physical and mental fitness for their occupation, as well as the effect of the work and its conditions on workers’ health. The Committee notes that these legislative provisions appear to be in conformity with the provisions in Article 5 in relevant respects, and requests the Government to provide additional information on how they are applied in practice.