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

Occupational Cancer Convention, 1974 (No. 139) - North Macedonia (Ratification: 1991)

Legislation. The Committee notes the information supplied by the Government in its detailed first report. The Committee notes with interest the recent adoption of the Rulebook on the Minimum requirements for Occupational Safety and Health of the Employees against Risks related to Exposure to Carcinogenic, Mutagenic Substances or Substances with Toxic Effect to the Reproductive System (Official Gazette No. 110/2010) and the Rulebook on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to Chemical Substances (Offical Gazette No. 46/2010).

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that, in line with Article 1(1) of the Convention, the above mentioned Rulebooks contain a list of the substances, agents and products which are carcinogenic, mutagenic or with a toxic effect to the reproductive system. The Committee notes also that, while Rulebook No. 110 fixes the limits to exposure to three carcinogenic substances (benzene, monomer of a vinyl chloride and hard wood dust), Rulebook No. 46, Annex 3, contains a list of prohibited carcinogenic chemical substances, which can be subject to authorization upon notification to the state administration responsible for inspection. The Committee notes, however, that the report is silent as regards the periodical review of the above mentioned carcinogenic substances and agents. The Committee requests the Government to provide further detailed information on measures taken to ensure a periodical review of the list of carcinogenic substances in accordance with this provision of the Convention.

Article 5. Medical examination and health supervision. The Committee notes that, section 16 of Rulebook 46 provides for pre-employment and periodical medical examinations but does not provide any details regarding the type of medical examinations that are prescribed. With reference to paragraph 14 of the Occupational Cancer Recommendation, 1974 (No. 147) the Committee notes that section 11 of Rulebook No. 46, provides that, in case of exposure to chemical carcinogenic substances, the employer, with the advice of the physician, may decide to appoint the worker to another suitable job within the enterprise where there is no risk of further exposure. The Committee requests the Government to provide additional information on measures taken to ensure that full effect is given to this Article of the Convention.

Article 6(a). Consultations with the most representative organizations of employers and workers concerned. The Committee notes that the report is silent on the consultations held with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention. The Committee requests the Government to provide detailed information on the manner in which consultations are conducted with the most representative organizations of employers and workers concerned on measures taken to give effect to the Convention.

Article 6(b). Persons and bodies in charge of ensuring compliance with the provisions of the Convention. The Committee notes that the report is silent in this respect. The Committee invites the Government to provide further information on the persons and bodies on whom the obligation to comply with the provisions of the Convention rests.

Part IV of the report form. Article 6(c). Application in practice. The Committee notes the absence of information on the application in practice of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and cause of diseases reported.