Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Occupational Cancer Convention, 1974 (No. 139) - Peru (Ratification: 1976)

Article 1(1) and (3) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In its previous comments, the Committee pointed out that the prohibition, authorization and control of substances and agents that are periodically determined to be carcinogenic to which occupational exposure shall be prohibited or controlled are very important aspects of the application of the Convention, and noted that the Ministry of Labour and Employment Promotion and the Ministry of Health had established the Occupational Cancer Prevention and Control Commission. It expressed the hope that the Government would, in the near future, complete the process of determining the carcinogenic substances and agents to which exposure shall be prohibited or made subject to authorizational control, and asked the Government to provide information on progress made in this respect. The Committee notes with satisfaction Supreme Decree No. 15-2005-SA approving the Regulation on maximum permissible values for chemical agents in the workplace, and repealing Supreme Decree No. 025-75-SA on the grounds that its coverage was limited because it omitted certain chemicals currently in use. The Regulation applies countrywide and covers all areas of work involving the use of chemical or carcinogenic agents or substances which may present risks and/or be harmful to the health and safety of workers. The values must be applied by professionals who are well versed in occupational safety and health issues. The Committee asks the Government to specify how often and in what manner it determines and updates the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention apply.

Article 3. Establishment of a system of records. The Committee notes that, according to the Government’s report, the National Centre for Occupational Health and Environmental Protection for Health which reports to the National Health Institute, has been conducting occupational medical assessments since 2003 though it keeps no occupational cancer records. Furthermore, technical guidelines have been produced – jointly by public and private entities – for medical diagnosis in occupational health and they include guidance on the diagnosis of pneumoconiosis (silicosis, asbestosis and other forms) and are awaiting approval. The Government also refers to other measures. However, the Committee again notes that the country has not as yet any system for recording cases of occupational cancer and/or occupational diseases. It again reminds the Government that this Article of the Convention requires the establishment of an appropriate system of records, and asks the Government to take the necessary steps to ensure that such a system is established in the near future and to provide detailed information on any developments in this regard.

Communication from the General Confederation of Workers of Peru (CGTP). The Committee notes the comments of the CGTP sent by the Government with its report in 2009. Noting that the comments appear not to be directly related to this Convention the Committee suggests that the CGTP, should it see fit,  provide information on the manner in which its comments relate to the provisions of this Convention.

The Committee raises other matters in a request addressed directly to the Government.