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

Occupational Cancer Convention, 1974 (No. 139) - Nicaragua (Ratification: 1981)

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. In its previous comments, the Committee noted the existence of new legislation, and particularly Act No. 618 of 2007 (the General Occupational Safety and Health Act) and it requested a detailed report, including information on the application of the Convention in practice and replies to its previous comments. The Committee notes the Government’s brief report, which does not enable it to gain a complete overview of the application of the Convention. The Committee notes that, through the Ministry for Natural Resources (MARENA), in coordination with other institutions, Nicaragua is implementing the second phase of the Stockholm Convention, as a result of which 12 persistent organic pollutants (POPs) are prohibited, and that the national legislation is being revised to provide a framework to be used by all national institutions for the provision of supervision and follow-up wherever toxic, hazardous and similar substances are commercialized. With regard to pesticides, the Government indicates that it is intended to carry out an investigation of the population near to the airport in Chinandega which acts as a base for spraying operations. The Committee notes that the information provided by the Government does not indicate the substances that are prohibited or the protection measures for workers in the event of exposure. The Committee draws the Government’s attention to the fact that the fundamental aspect of Article 1 of the Convention is the determination of a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and the existence of a mechanism for periodic review. The Committee also notes that the Government does not provide information on the operation of the Single National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances envisaged in section 6 of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances of 1998. The Committee once again requests the Government to provide a copy of the legislation determining the substances to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the present Convention shall apply, the mechanism for review, the protection measures for workers and the records referred to in Articles 1 and 3 of the Convention. The Committee requests the Government to indicate whether the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances is already in operation, which will be a body of the authority responsible for the application of Act No. 274 and its Regulations.

Article 2(1). Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee notes the Government’s indications that sections 19, 20 and 21 of Act No. 618 provide that the employer shall ensure the development of risk maps and prevention programmes together with the Joint Occupational Safety and Health Committee. The Committee notes that these sections refer to training, and not replacement, and it draws the Government’s attention to the fact that such broad provisions do not ensure that effect is given to this provision of the Convention. It further notes that section 18(5) provides that employers shall have the obligation to replace what is dangerous by what involves little or no danger. Noting that this section contributes to the application of this provision of the Convention, the Committee observes that the latter is more specific and requires prior determination by the authority of the carcinogenic substances and agents which have to be replaced. The Committee requests the Government to take the necessary measures to give effect to this Article and to provide information on this subject.

Article 2(2). Duration and degree of exposure. In its previous comments, the Committee noted that, under the terms of section 129 of Act No. 618, the Ministry of Labour shall establish, in respect of chemicals identified in various workplaces, exposure limit values for workers, which shall be established in accordance with international criteria and the national investigations that are undertaken in this area, and it authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as a reference point in inspections. The Committee requested the Government to provide detailed information on the application of the legislation in practice including, for example, the provision of information on the limit values laid down by the Ministry of Labour pursuant to section 129, and including information on the application of the Convention to rural workers. Noting that the Government has not provided the requested information, the Committee asks it once again to provide detailed information on this subject.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. Noting that the Government has not provided information on the effect given to this Article of the Convention, the Committee again requests that it do so in relation both to law and practice.

Article 5. Medical examinations during employment and thereafter. The Committee notes that sections 23 to 27 of Act No. 618 provide for examinations to be carried out prior to employment and during employment, but do not envisage examinations after employment, as required by the Convention. The Committee requests the Government to adopt measures to give effect to this Article and to provide information on the law and practice.

Part IV of the report form. The Committee requests the Government to provide detailed information on the application of the Convention in the country, including the effect given to the requirement to keep records, training, medical examinations, as well as information on the application of the Convention to rural workers, and particularly on the application of the Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances in relation to the aspects that are relevant to the present Convention.