Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational Cancer Convention, 1974 (No. 139) - Hungary (Ratification: 1975)

Relevant legislative texts. With reference to its previous comments, the Committee notes with interest that the Government in its most recent report provides further information regarding the adoption of new legislation including Decree No. 12/2006 (III.23.) EM of the Minister of Health on the protection of workers from the risks related to exposure to asbestos at work and Regulations (EC) No. 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorization and restriction of chemicals (REACH) including a list of carcinogens that is updated and extended at regular intervals. It also notes, however, that the Government has not attached copies of these legislative texts referred to in its reports nor includes copies of the text requested in its previous comments. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of relevant legislation or reference to publicly available sources where the relevant legislation can be consulted.

Article 2(1) of the Convention. Replacing carcinogenic substances with less harmful substances. With reference to its query regarding Decree No. 26/2000 (IX.30.) allowing the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less carcinogenic substances for “technical reasons”, the Committee notes that the Government indicates that since 2008 labour inspectors have not encountered any cases of blatant violation of using a carcinogen without good reasons when non-carcinogenic substances are available. The Committee would like to recall that the Government is under the obligations to also implement this provision of the Convention. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to this Article.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government, including the information that the Hungarian Institute of Occupational Health keeps an Occupational Cancer Register of carcinogenic substances reported under Annex 3 of Decree No. 26/2000 (IX.30.) EüM of the Minister of Health and registered by the labour inspectorates; activities involving the use of carcinogenic substances; as well as workers exposed to such substances. It also notes that this Institute issues yearly evaluations based on an analysis of relevant data. The Committee notes further that the statistical data provided is limited to the number of cancerous diseases registered for the years 2005–09 (2005: 9; 2006: 8; 2007: 6; 2008: 4; 2009: 10 cases) and summary statistics for the years 2008 and 2009 indicating, inter alia, that there were 6,745 workers exposed to carcinogenic substances; that there were 339 reporting entities and that the most common occupational carcinogenic substances workers had been exposed to were wood powder and compounds of chromium. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases including in the form of the yearly analyses provided by the Hungarian Institute of Occupational Health. The Committee also requests the Government to provide further information on the measures taken address problems at workplaces with potential health risks related to exposure to carcinogenic or mutagenic substances including substances such as wood powder and compounds of chromium.