Occupational Cancer Convention, 1974 (No. 139) - Denmark (Ratification: 1978)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.139, C.155 and C.187,C.162 and C.167

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 187 (promotional framework for OSH) in a single comment.

Application in practice of Conventions Nos 115, 139, 155, 162, 167 and 187. In reply to the Committee’s previous request, the Government refers to the reports published by the Danish Working Environment Authority (WEA) and provides detailed information on the number of OSH inspections undertaken, the number of enterprises visited, the number of employees covered, and enforcement outputs (improvement notices, prohibitions, fines proposed, cases presented etc) for the period 2018–20. Furthermore, the Committee notes that the number of reported occupational accidents increased from 42,709 in 2019, to 46,391 in 2020 and to 63,707 in 2021, which is the highest number of reported occupational accidents in the period 2016–21. The number of fatal occupational accidents that were registered to the WEA remained stable at 36 each year 2019–21. Regarding notified occupational diseases, the Committee notes that there were 17,000 in 2019, 15,500 in 2020 and 18,300 in 2021. The Government indicates that the rise in notifications of infectious diseases in 2020 and 2021 was related to the COVID-19 pandemic. The Committee also notes the Government’s reply to its previous request on the increase in the number of reported cases of work-related cancer that, since 2007, certain cases of work-related cancer are notified automatically which resulted in increased notifications. The Committee requests the Government to provide information on the causes of the increase in the number of reported occupational accidents. The Committee also requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number and type of violations detected and the penalties imposed. In particular, the Committee requests the Government to provide detailed information on the number of accidents and occupational diseases reported in the construction sector.

A. General provisions

Action at the national level

• National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National OSH policy and periodic review. In reply to its previous comments, the Committee notes the information provided by the Government on the results of the 2017 mid-term evaluation and the 2019 final evaluation of the aims of the 2012–20 OSH Strategy. The evaluations showed that the number of workers who reported being psychologically overloaded increased by 17 per cent from 2012 to 2018; the number of workers who experienced musculoskeletal disorders increased by 15 per cent from 2012 to 2016; and the serious occupational accidents decreased by 18 per cent from 2011 to 2014. The Government indicates that, following the negative trends observed in two of the aims set by the Government, it tasked an Expert Committee, comprised of researchers, OSH professionals and social partners’ representatives, to identify and recommend appropriate OSH initiatives. The Committee notes with interest that this resulted in the adoption of a new OSH Strategy in April 2019 (OSH Strategy 2020). The Government indicates that, through the OSH Strategy 2020, the Government and the social partners agreed on prioritised national OSH goals until 2030, including sector-specific targets agreed through dialogue with the Sector Working Environment Committees (BFAs). The OSH Strategy 2020 foresees regular evaluations and impact measurements as well as annual status meetings to evaluate progress. In this context, the Committee also notes the adoption of the Working Environment Act No. 2062 of 16 November 2021 (the Working Environment Act) which aims to create a safe and healthy physical and mental working environment. Welcoming the Government’s indications, the Committee requests the Government to continue providing information on the measures to implement and monitor the OSH Strategy 2020, as well as the arrangements made for its periodic review in consultation with the most representative organizations of employers and workers.

• National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. System of inspection. In reply to the Committee’s previous request, the Government indicates that the WEA continues to choose companies for basic inspections based on the level of OSH risks that they face, into account information about the industry, the size of the company, number of employees, reported occupational accidents and diseases as well as OSH related complaints. Furthermore, the WEA assesses the incoming reports and complaints and decides which to investigate further. The Committee refers in this respect to its comments adopted in 2022 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases. In reply to Committee’s previous request regarding measures taken to address the underreporting of cases of occupational diseases based on the reports of physicians and dentists, the Government indicates that, in 2021, the WEA conducted a campaign aiming to encourage general practitioners to report occupational diseases by contacting them directly. It also indicates that the obligation to report is underlined in the context of the ongoing cooperation with the Danish Society of Occupational and Environmental Medicine. The Committee requests the Government to continue to provide information on the measures taken to promote the notification of occupational diseases.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 12 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that under sections 2 and 3 of Order No. 10 of 5 January 2018 on medical examinations at work that may result in exposure to ionizing radiation, a medical examination is required for all workers who might be at risk of receiving an effective dose of radiation greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities. The prescribed medical examination shall be carried out prior to taking up such work and thereafter be followed by yearly medical examinations. The Committee takes note of this information which addresses its previous request.

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations of workers after the period of employment. In reply to Committee’s previous request, the Government indicates that although there is no provision for the examination of the state of health of workers after the period of employment, in the field of aviation who have been exposed to carcinogenic substances, Denmark’s healthcare system ensures necessary examination and treatment of workers, even after the period of employment. The Danish Health Authority in the field of radiation takes initiatives regarding further health examinations of crew. The Committee notes that according to sections 38 and 39 of the Executive Order on measures to prevent the risk of cancer when working with substances and materials, employees exposed to such substances and materials have access to occupational medical examinations at regular intervals even after their suspension, in accordance with the rules in Executive Order No. 1165 of 16 December 1992 on occupational medical examinations under the Working Environment Act. The Committee takes note of this information which addresses its previous request.

Asbestos Convention, 1986 (No. 162)

Article 11(2) of the Convention. Derogations from the prohibition of the use of crocidolite. In its previous comments, the Committee noted that, under section 2 of Order No. 1502 on Asbestos, it was prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions: (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 could continue to be marketed. The Committee notes the Government’s indication that the first exception regarding diaphragms for existing electrolysis plants was lifted pursuant to Order No. 1792 of 18 December 2015, which replaced the previous Order. In this respect, the Committee notes that, under section 3 of the new Order on Asbestos (No. 1792), buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed as long as: (i) the asbestos or the asbestos-containing material was legally installed; and (ii) the building, the facility, the technical aid, etc. was put into use before 1 January 2005. The Committee requests the Government to provide information on the implementation of this derogation in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 17(3). Consultation of workers or their representatives on the work plan. In reply to Committee’s previous comments, the Government refers to section 15(a)(3) of the Working Environment Act, according to which in the context of preparing a written workplace assessment of OSH conditions, the employer must involve the working environment organization or the employees in the planning, organization, implementation and follow-up of the workplace assessment. In this respect, the Committee notes the Government’s indication that the work plan for a demolition work is an elaboration of the general workplace assessment and therefore the involvement of the workers or their representatives is included. The Committee takes note of this information which addresses its previous request.

Article 18(4) to (5). Personal protective equipment (PPE). The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(4), that pursuant to sections 1(1) and (2) and 6 of the Executive Order No. 1706 of 15 December 2010 on the use of personal protective equipment, as amended, the employer is responsible for the cleaning and maintenance of PPE, including clothing, intended to protect workers against OSH risks, as well as for normal clothing which, due to the nature of the work, may be contaminated. In this respect, the Committee notes that under section 20 of the new Order on Asbestos, PPE must be checked, cleaned and placed in a specified place after use. Furthermore, the cleaning of PPE must be done separately with equipment suitable for the purpose. With respect to Article 18(5) of the Convention, the Committee notes the Government’s indication that under section 15 of the new Order on Asbestos, the employer should provide facilities for the workers exposed to asbestos to shower at the workplace. The Committee takes note of this information which addresses its previous request

Article 20(4). Workers or their representatives right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee notes the Government’s indication that, according to Chapter 9 of the new Order on Asbestos, employee representatives have to be consulted on the planning of the measurements of asbestos’ dust exposure and be informed of the results of the measurements. However, the Committee notes an absence of information on the right to request monitoring and the right to appeal. The Committee requests the Government to provide information on the measures taken, in law or practice, to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning theresults of the monitoring.

Article 21(4). Means of maintaining workers’ income. In reply to Committee’s previous request, the Government indicates that diseases caused by exposure to asbestos at work are recognized as occupational diseases in Denmark under the Workers’ Compensation Act No. 1186 of 19 August 2022. In this respect, the Committee notes that, under the Act, persons suffering from occupational diseases are entitled to a series of benefits, including reimbursement of expenses for medical care, rehabilitation, aids, compensation for loss of earning capacity and compensation for permanent injury. The Committee takes note of this information which addresses its previous request.

Article 22. Information and education. In reply to Committee’s previous request, the Government indicates a series of provisions in national legislation which aim to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos. With respect to Article 22(1) on information and education of all workers concerned, the Committee takes note of section 11 of the new Order on Asbestos according to which eemployees are provided with instructions on the dangers of asbestos, ways to perform work without risk, the use of personal protective equipment and the safe disposal of waste. The Committee takes also note of the Executive Order No. 2308 of 7 December 2021 on industry associations for working environment according to which industry associations provide industry specific information and guidance on OSH and can initiate and participate in company-oriented OSH activities within the industry. With respect to Article 22(2) on policies and procedures for education and training, the Committee notes the Government’s indication that, according to section 16 of the Order No. 1795/2015 on carcinogenic substances etc., as amended by Order No. 255/2019, the instructions regarding performance of work in safe manner and information about hazards of accidents and illness when working with carcinogenic substances must be supported by written material and to be repeated regularly. The Committee notes this information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 23(b) of the Convention. Work over water. Rescue of workers from drowning. In reply to the Committee’s previous request, the Government indicates that the obligation of employers to provide for measures to ensure the rescue of workers in danger of drowning where work is done over, or in close proximity to water, is ensured through the Executive Order No. 2107 of 24 November 2021 on building and construction work (Order on building and construction work). The Committee notes with interest that the Government indicates that according to section 7 read in conjunction with Appendix 1(5), the written workplace assessment to be prepared by the employer, must, where there is a risk of drowning, cover how this will be prevented including to the rescue workers of who risk falling into the water. Furthermore, the written assessment must, where relevant, include the requirements regarding first aid and alarm systems provided for in sections 43–45 of the Order on building and construction work. The Committee takes note of this information which addresses its previous request.

Article 35(b). Appropriate inspection services. In reply to Committee’s previous request, the Government indicates that the supervision of the building and construction industry was streamlined from November 2017 and targeted with a large number of building and construction sites being visited annually throughout the country. The Government specifies that inspections also focused, inter alia, on required OSH joint safety measures, the requirements that apply to the client regarding coordination in relation to OSH as well as rules aimed at designers and client consultants. The Committee takes note of this information which addresses its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 6(a) of the Convention. Determination of carcinogenic substances and agents. National legislation. The Committee notes, from the Government’s report, that due to the entry into force of the European Union Regulation concerning the registration, evaluation, authorization and restriction of chemicals (REACH), the executive orders on work with substances and materials (chemical agents) and on measures for preventing the risk of cancer when working with substances and materials are currently being amended. The amendments include a revision of existing Annex 1, parts A and B, of the executive order on measures for preventing the risk of cancer when working with substances and materials. The Committee takes note of this information.

Articles 5 and 6(b). Medical examinations of workers after the period of employment. The Committee notes the Government’s indication that, with regard to flight crew, all workers in the field of aviation undergo periodic medical examinations. Pilots undergo medical examinations twice a year and cabin crew between one and five years depending on their age. Moreover, a working environment council for the field of aviation has been set up to discuss various issues linked to the workers in the field of aviation. The council meets at least three times a year. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the examination, after the period of employment, of the state of health of workers in the field of aviation who have been exposed to carcinogenic substances, in accordance with Article 5 of the Convention.

Application in practice. The Committee notes the Government’s reference to the Working Environment Authority’s reports on notified occupational illnesses. It notes that in 2011 the number of notifications of work-related cancer illness was 471, increasing to 484 in 2012 and to 537 in 2013. In 2013, diseases related to cancer accounted for 3 per cent of the total number of notified diseases. The Committee requests the Government to indicate whether an analysis has been undertaken of the causes of the increase in the number of reported cases of work related cancer and to provide information on this subject.

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

The Committee notes the information provided regarding effect given to Articles 2(2), 3 and 5 of the Convention.

Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the detailed information provided regarding the numerous legislative enactments and amendments giving further effect to the Convention including: Order No. 908 on substances and materials, measures for preventing the risk of cancer when working with carcinogenic substances, including more detailed regulations regarding risk assessments; Act No. 512 on a smoke-free environment; the Offshore Installations Act No. 1424 of 2005; Order No. 399 on medical control of work with ionizing radiation on offshore installations, and Order No. 398 on the use of personal protective equipment. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

Part IV of the report form. Application in practice. The Committee notes the detailed statistical information that is collected and made publicly available and the information that in the period 2003–08 there was a considerable increase in the number of reported cases of occupational cancer; that breast cancer is recognized as an occupational disease due to which an increased number of work related cancers are reported; that nasopharyngeal cancer and mesothelioma also comprise a considerable part of the occupational cancers reported; and that occupational cancer comprised about 4 per cent of the total reported cases of occupational illnesses in 2008. The Committee requests the Government to continue to provide information on cancer-related illness, as well as any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the numerous legislative amendments giving further effect to the Convention, including Order No. 559 of 17 June 2004 on the performance of work, Order No. 496 of 27 May 2004 amending Order No. 292 of 26 April 2001 on work with substances and materials (chemical agents) and Order No. 497 of 27 May 2004 on special requirements for producers, suppliers and importers of substances and materials, the latter introducing the prohibition of chromate in cement. It also notes with interest the adoption of Order No. 1502 of 21 December 2004 on asbestos, its section 3 prohibiting the production, importation, use and transport of asbestos, and also notes the Government’s statement that this Order does not apply to demolition work and maintenance on asbestos, but that Chapter 6 (sections 22 to 25) of Order No. 1502 of 2004 provides for rules applicable to such demolition and maintenance work. The Committee also notes the Government’s statement that exemptions from the prohibition of occupational exposure to carcinogenic substances and agents are granted extremely rarely and most often for purposes of scientific research and other laboratory tests. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

Article 2(2). Reducing the number of workers exposed to carcinogenic substances or agents. With reference to its previous comments regarding measures taken to reduce the number of workers exposed to carcinogenic substances or agents, the Committee notes with interest the Government’s statement that section 10(4) of Order No. 292 of 26 April 2001, on work with substances and materials (chemicals), prescribes that employers are required to remove or limit the exposure of workers to hazardous substances and materials and that they also must, to the highest extent possible, limit to a minimum the number of workers who are exposed or risk being exposed to hazardous substances and materials, in accordance with the Convention.

Article 3. Keeping of records. As regards its previous request on whether the reports from medical doctors on known or suspected cases of occupational cancer are recorded by the authorities, the Committee notes the Government’s statement that no central filing occurs of these reports that are submitted to the National Working Environment Authority, but that these reports are used to assess whether there is a reason to order that a given enterprise take measures regarding the working environment in relation to the individual worker. It also notes the Government’s statement that knowledge on occupational connections to occurrences of cancer is collated through data in the pension registry (ATP) and the cancer register. With reference to its comments below concerning medical examinations after the termination of employment, the Committee requests the Government to provide information in its next report on whether it is envisaged to adopt any measures to ensure records on occupational cancer during employment and after the termination of employment.

Article 5. Medical examinations. The Committee notes that Chapter 10, sections 32 and 33, of Order No. 1502 of 21 December 2004 on asbestos provide for pre-employment medical examinations and that periodical medical examinations shall be carried out every third year during the employment. The Committee also notes the Government’s statement that medical examinations of former employees may be ordered by the Director-General of the Working Environment Authority, but that this provision has never been made use of. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take measures to guarantee 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. The Committee notes the Government’s reference to a report published by the Working Environment Authority on cancer-related illness among Danish workers (1970-97). It appears that this text was not appended to the Government’s report. The Committee requests the Government to submit a copy of the report by the Working Environment Authority on cancer-related illness among Danish workers (1970-97) and to continue to provide information on cancer-related illness, as well as to provide any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s reports and the attached legislation.

2. Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the numerous legislative amendments giving further effect to the Convention, including Order No. 559 of 17 June 2004 on the performance of work, Order No. 496 of 27 May 2004 amending Order No. 292 of 26 April 2001 on work with substances and materials (chemical agents) and Order No. 497 of 27 May 2004 on special requirements for producers, suppliers and importers of substances and materials, the latter introducing the prohibition of chromate in cement. It also notes with interest the adoption of Order No. 1502 of 21 December 2004 on asbestos, its section 3 prohibiting the production, importation, use and transport of asbestos, and also notes the Government’s statement that this Order does not apply to demolition work and maintenance on asbestos, but that Chapter 6 (sections 22 to 25) of Order No. 1502 of 2004 provides for rules applicable to such demolition and maintenance work. The Committee also notes the Government’s statement that exemptions from the prohibition of occupational exposure to carcinogenic substances and agents are granted extremely rarely and most often for purposes of scientific research and other laboratory tests. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

3. Article 2, paragraph 2. Reducing the number of workers exposed to carcinogenic substances or agents. With reference to its previous comments regarding measures taken to reduce the number of workers exposed to carcinogenic substances or agents, the Committee notes with interest the Government’s statement that section 10(4) of Order No. 292 of 26 April 2001, on work with substances and materials (chemicals), prescribes that employers are required to remove or limit the exposure of workers to hazardous substances and materials and that they also must, to the highest extent possible, limit to a minimum the number of workers who are exposed or risk being exposed to hazardous substances and materials, in accordance with the Convention.

4. Article 3. Keeping of records. As regards its previous request on whether the reports from medical doctors on known or suspected cases of occupational cancer are recorded by the authorities, the Committee notes the Government’s statement that no central filing occurs of these reports that are submitted to the National Working Environment Authority, but that these reports are used to assess whether there is a reason to order that a given enterprise take measures regarding the working environment in relation to the individual worker. It also notes the Government’s statement that knowledge on occupational connections to occurrences of cancer is collated through data in the pension registry (ATP) and the cancer register. With reference to its comments below concerning medical examinations after the termination of employment, the Committee requests the Government to provide information in its next report on whether it is envisaged to adopt any measures to ensure records on occupational cancer during employment and after the termination of employment.

5. Article 5. Medical examinations. The Committee notes that Chapter 10, sections 32 and 33, of Order No. 1502 of 21 December 2004 on asbestos provide for pre-employment medical examinations and that periodical medical examinations shall be carried out every third year during the employment. The Committee also notes the Government’s statement that medical examinations of former employees may be ordered by the Director-General of the Working Environment Authority, but that this provision has never been made use of. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take measures to guarantee 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.

6. Part IV of the report form. The Committee notes the Government’s reference to a report published by the Working Environment Authority on cancer-related illness among Danish workers (1970-97). It appears that this text was not appended to the Government’s report. The Committee requests the Government to submit a copy of the report by the Working Environment Authority on cancer-related illness among Danish workers (1970-97) and to continue to provide information on cancer-related illness, as well as to provide any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government’s indication that article 7 of the abovementioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state whether the limitation of certain tools or work processes also covers measures to reduce the duration of workers’ exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the abovementioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

Article 5. The Committee notes the Government’s indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Part IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new abovementioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government’s indication that article 7 of the abovementioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state whether the limitation of certain tools or work processes also covers measures to reduce the duration of workers’ exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the abovementioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

Article 5. The Committee notes the Government’s indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Part IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new abovementioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government’s indication that article 7 of the abovementioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state whether the limitation of certain tools or work processes also covers measures to reduce the duration of workers’ exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the abovementioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

  Article 5. The Committee notes the Government’s indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Part IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new abovementioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government's indication that article 7 of the above-mentioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state wether the limitation of certain tools or work processes also covers measures to reduce the duration of workers' exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the above-mentioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

Article 5. The Committee notes the Government's indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Point IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new above-mentioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's latest report, in particular as concerns a proposal for new orders concerning carcinogenic substances which have been the subject of consultations with the social partners. It notes the Government's indication that these orders are close to being finalised. The Committee hopes that these orders will provide for the reduction in the number of persons working with carcinogenic substances, as well as in the duration of exposure (Article 2, paragraph 2, of the Convention) which had been the subject of its previous comments and requests the Government to communicate a copy of these orders once they are adopted.

Article 3. In its previous comments, the Committee had noted the Government's indication that the product register set up under Order No. 466 of 14 September 1981 did not contain data on the number of workers exposed to carcinogenic substances or agents. In its latest report, the Government has indicated that there are no plans to set up a register to record data on occupationally exposed persons, the results of technical monitoring, and special medical examinations and laboratory tests performed on these workers. The Government has further indicated that there is presently a register (ATABAS) of most of the industrial hygiene measurements taken by the National Labour Inspection Service, as well as a product register concerning consumer patterns for all dangerous chemicals. The Committee would note, however, that, as indicated in the ILO: Occupational Safety and Health Series, No. 39 ("Occupational Cancer: Prevention and Control", p. 49), the purpose of a register containing the names of exposed persons, the results of technical monitoring, special medical examinations and laboratory tests performed on these workers is to permit the competent authority "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action. In this way, increased knowledge of the various aspects of occupational cancer epidemiology can be gained." The Government is, therefore, requested to indicate the measures taken or envisaged to establish an appropriate system of records in order to accurately evaluate epidemiological aspects of occupational cancer.

Article 5. The Committee notes the information provided by the Government concerning research which has been undertaken to develop methods in the field of biological monitoring as concerns carcinogenic substances. The Committee would recall that this Article of the Convention provides that all workers exposed to all types of carcinogenic substances or agents shall be provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. The Government is requested to provide information in its next report on the progress made in this regard. (In this connection, see ILO: Occupational Safety and Health Series, No. 39, pp. 39-40 and 45-48.)

Point IV of the report form. The Committee notes the information provided by the Government that estimates will be made of the impact of the new Order on different trades and the number of employees covered and that cases of and suspected cases of occupational cancer shall be notified to the competent authority. The Committee further notes the Government's indication that there are deficiencies in reporting cases of or suspected cases of occupational cancer and that efforts are being made to stress the duty of general practitioners and others to notify such cases. The Government is requested to provide, in its next report, any relevant data collected for the study carried out by the National Labour Inspection and the Danish Cancer Society, statistics collected for the new Order, as well as any other statistics available, concerning the number of workers covered by the relevant legislation, the number and nature of infractions reported and the number, nature and cause of cases of disease.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied in the Government's report in reply to its earlier comment, particularly in regard to Article 1, paragraphs 1 and 3, of the Convention.

Article 2, paragraph 2. The Committee notes with interest from the Government's report that provisions concerning the reduction in the number of persons working with carcinogenic substances, as well as the duration and level of exposure, are being considered in connection with a general order concerning work with carcinogenic substances which is presently being negotiated between the National Labour Inspection and representative organisations of employers and workers. The Committee hopes that the next report will indicate the progress made in this regard.

Article 3. The Committee notes that the product register set up under Order No. 466 of 14 September 1981 does not contain data on the number of workers exposed to carcinogenic substances or agents. It would be glad if the Government would indicate whether it is envisaged - possibly in the framework of the general order mentioned above - to establish a system of national register with the object of recording data on occupationally exposed persons, the results of technical monitoring, and special medical examinations and laboratory tests performed on these workers. (In this connection, see ILO: "Occupational cancer: Prevention and control", second (revised) edition 1988, Occupational Safety and Health Series, No. 39, p. 48.)

Article 5. The Committee takes note of the information supplied by the Government and expresses the hope that measures will be taken in the near future in order to ensure that suitable medical examinations will be provided for workers exposed to carcinogenic substances generally. The Committee requests the Government to indicate the progress made in this regard in its next report.

Point IV of the report form. The Committee requests the Government to provide in its next report any statistics which might be available concerning the number of workers covered by the relevant legislation, the number and nature of infractions reported and the number, nature and cause of cases of disease.