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

Occupational Cancer Convention, 1974 (No. 139) - Peru (Ratification: 1976)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2014.

Article 1(1) and (3) of the Convention. Periodical determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that, according to the Government, the carcinogenic level of substances or agents is determined in accordance with the provisions of section 21 of the Regulations for the prevention and control of occupational cancer, adopted by Supreme Decree No. 039-93-PCM, of 28 June 1993. The Supreme Decree provides that the National Health Institute shall establish permissible limit values based on information from relevant international organizations and national research studies. The Committee also notes that, according to the Government, the National Occupational Safety and Health Plan 2014–17, approved by the National Occupational Safety and Health Council at its 14th ordinary session on 12 December 2013, envisages, among the action to be taken, the development of additional standards for the appropriate implementation of the Occupational Safety and Health Act No. 29783 (LSST), including updating lists of carcinogenic agents and threshold limit values (TLVs) for chemical agents. The Committee also notes that, according to the CATP, the provisions referred to were adopted over 21 years ago. The Committee invites the Government to provide a copy of the National Occupational Safety and Health Plan 2014–17 referred to above, particularly with regard to the updating of lists of carcinogenic agents, and to indicate whether those lists have already been updated, in accordance with the provisions of the Convention.

Article 3. Establishment of an appropriate system of records. Article 6. Adoption of measures to give effect to the provisions of the Convention in consultation with the most representative organizations of employers and workers concerned. The Committee notes with interest the information provided by the Government concerning the operation, under the responsibility of the Ministry of Labour and Employment Promotion, of the Computerized System for the Notification of Employment Accidents, Hazardous Incidents and Occupational Diseases (SAT), through which medical assistance personnel (in public or private health institutions) notify occupational diseases, including occupational cancer, in accordance with section 110 of the Regulations of the LSST, as approved by Supreme Decree No. 005-2012-TR. The Committee also notes the proposal for the single register of information on employment accidents, hazardous incidents and occupational diseases proposed in September 2013 by the Multi-sectoral Technical Committee, which was established by Supreme Decision No. 069-2013-PCM within the framework of the legislation referred to above. The Committee requests information on the operation in practice of the Computerized Notification System (SAT). The Committee also requests the Government to provide information on any progress achieved in the approval of the single register of information on employment accidents, hazardous incidents and occupational diseases in the near future.

Article 6(a). Requirement to take steps to give effect to the provisions of the Convention in consultation with the organizations concerned. The Committee notes that, according to the CATP, the State is denying the inclusion and active participation of trade union organizations in the various initiatives relating to the protection of health and life in relation to occupational cancer. In this regard, the Committee notes that, according to the CATP, the National Occupational Cancer Commission, established 21 years ago, does not provide for participation by trade unions. The Committee accordingly reminds the Government of the requirements set out in Article 6(a) of the Convention for the adoption, through laws or regulations or any other method, of the necessary steps to give effect to the provisions of the Convention, in consultation with the most representative organizations of employers and workers concerned. The Committee therefore requests the Government, when adopting the necessary measures, to give effect to the provisions of this Convention, through laws or regulations or any other method, to do so in consultation with the most representative organizations of employers and workers concerned, as required by this Article of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.