Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Occupational Cancer Convention, 1974 (No. 139) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the Organic Act concerning prevention and working conditions and environment (LOPCYMAT), adopted on 25 July 2005.

2. Article 2, paragraph 1, of the Convention. Replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents. In its previous comments, the Committee requested the Government to provide a copy of the official regulation under the terms of which the enterprise Petróleos de Venezuela, S.A. (PDVSA), decided to replace asbestos in packaging and other uses by non-carcinogenic substances, as a result of which for ten years the activities in this industry have been carried out without the use of asbestos. The Committee notes that, according to the Government’s report, a copy of the regulation will be provided when it has been obtained. The Committee requests the Government to provide the text of this regulation and to continue providing information on the efforts made to ensure that, in cases where reasonable replacement substances exist, they are used in practice instead of carcinogenic substances and agents.

3. Article 2, paragraph 2. Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiations. In its previous comments the Committee, based on the conclusion of the Department of Occupational Medicine of the Venezuelan Social Security Institute (IVSS) that the exposure of workers to radiation for eight hours is compatible with their safety, referred to the need to establish dose limits for exposure to sources of radiation to protect health and reduce to a minimum the danger to the life of workers, as recommended by the International Commission on Radiological Protection (ICRP) (see the ICRP publication: International basic safety standards for protection against ionizing radiations and for the safety of radiation sources, 1997, Safety Series No. 115). The Committee requests the Government to indicate whether exposure limits to sources of radiation have been adopted and, if so, whether the limits recommended by the ICRP were taken into account and are complied with. The Committee requests the Government to keep it informed of any progress achieved in this respect.

4. Article 3. Measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. In its previous comments the Committee noted the suspension by the IVSS of the Radiophysical Health Programme, which evaluated and recorded workers exposed to ionizing radiations. The Committee expressed the hope that the Radiophysical Health Programme would be reactivated and that it would be able to continue evaluating and recording workers exposed to ionizing radiations. As the Government’s last report does not contain any information in relation to these comments, the Committee requests the Government to provide such information and to take the necessary action for the adoption of measures to give effect to this Article of the Convention and for the establishment of the system of records required by this Article.

5. Article 5. Measures to ensure that workers are provided with medical examinations. The Committee notes that the Government is engaged in formulating the regulations of the LOPCYMAT. The Committee also understands that the provisions on the medical examinations of workers in both the LOPCYMAT and the draft regulations are fairly general in nature. The Committee therefore requests the Government to take the necessary steps to establish the requirement for medical examinations or biological or other tests or investigations to be undertaken for workers before and during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

6. Part IV of the report form. Application of the Convention in practice. In its previous comments the Committee requested the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and copies of the conclusions of inspections and investigations undertaken by the National Institute for Occupational Prevention, Health and Safety, in accordance with the requirements of the LOPCYMAT. It also requested the Government, if such statistics were available, to provide information concerning the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc. As the Government’s last report does not contain any information in this respect, the Committee once again requests the Government to provide information on the application of the Convention in practice.

[The Government is asked to report in detail in 2007.]