Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Legislation. The Committee notes the Government’s indication that it has adopted Decree No. 04-2014, published on 11 February 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances. The mandate of this body is to coordinate policies, actions and activities concerning the import, export, production, marketing, distribution, use and consumption of everything related to toxic substances. The Government indicates that this Commission is reviewing the Basic Act No. 274 concerning the regulation and control of pesticides and toxic, hazardous and other similar substances and its implementing regulations, issued by Decree No. 49-98, with a view to updating them. The Committee requests the Government to supply information on the measures taken by the new Commission to give effect to the present Convention.

Article 2(1) of the Convention. Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. With reference to its previous comments, the Committee notes that the Government again refers to section 18(4) of Act No. 618 with regard to employers’ obligations. The Committee reminds the Government that Article 2(1) of the Convention is more specific and refers not to employers’ obligations but to the Government’s obligation, firstly, to determine which carcinogenic substances or agents are to be replaced and, secondly, to take measures for such replacement. The Committee requests the Government to take the necessary measures to determine which carcinogenic substances or agents are to be replaced and to ensure such replacement, and to provide information in this regard.

Furthermore, the Committee notes with regret that the Government does not reply in its brief report to the points raised by the Committee in its previous observation. The Committee emphasizes that the appointment of a new National Commission for the Registration and Monitoring of Toxic Substances to reform the legislation does not release the Government from its obligation to give effect to the Convention, pending the adoption of the new legislation, or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. The Committee is therefore bound to reiterate a substantial part of its previous comment.

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. 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(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 23–27 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. Application of the Convention in practice. 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.