Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Cancer Convention, 1974 (No. 139) - Bosnia and Herzegovina (Ratification: 1993)

Legislation. The Committee notes that the Government’s report does not contain any information concerning the application of the Convention in the Republika Srpska and the Brcko District. The Committee notes the information concerning the Federation of Bosnia and Herzegovina, and in particular the provisions of the Law on occupational safety and health (No. 22/90), which appear to give effect to Articles 3 and 4 of the Convention. The Committee reiterates its request that the Government indicate the specific provisions in law, concerning exposure to carcinogenic substances, which give effect to each requirement of the Convention, in the Federation of BiH, the Republika Srpska and the Brcko District. The Committee also requests the Government to make available copies of the relevant legislation, in one of the working languages of the ILO, if possible. The Committee also reminds the Government of the possibility of availing itself of technical assistance from the ILO with a view to giving full effect to this Convention.

Article 1 of the Convention. Periodical determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control. The Government has previously indicated that carcinogenic substances and agents are defined by health protection regulations. The Committee requests the Government to indicate the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorisation or control; and to indicate how these are periodically determined.

Article 2. Efforts to have carcinogenic substances and agents replaced. The Government has previously indicated that no specific measures have been undertaken to ensure the use of substitute non-carcinogenic substances or agents. The Committee requests the Government to indicate the efforts undertaken to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5. Medical examinations during the period of employment and thereafter. The Committee notes the reference by the Government to the provisions of the Law on occupational safety and health in the Federation of BiH, which provide for appropriate medical examinations for workers assigned to workplaces with special working conditions. The Committee asks the Government to indicate the measures, in law and in practice, which ensure that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards, not only during the period of employment but also thereafter.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the attached extract from the 2010 report of the federal administration for inspection does not include relevant statistics on the application of the Convention. The Government also refers to a summary of the 2011 report on labour inspection, which has not been attached. The Committee therefore reiterates its request that the Government provide a general appreciation of the manner in which the Convention is applied in practice, in each entity and district, and in particular to indicate any data available on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of occupational diseases reported.