Occupational Cancer Convention, 1974 (No. 139) - Czechia (Ratification: 1993)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 1 and 3 of the Convention. Authorization and control of exemptions. Measures of protection. Records. The Committee notes the information provided by the Government in reply to its previous request concerning the regime for the authorization of exceptions from the prohibition of occupational exposure to asbestos, which includes exclusively work connected with the removal and elimination of asbestos installations. The Committee notes the employer’s obligation to notify the competent authority at least 30 days prior to the commencement of work in which workers could be exposed to asbestos and to discuss in advance the measures to prevent and limit hazards to the health of the workers, pursuant to section 41 of Act No. 258/2000 Coll. on public health protection. Sections 5 and 6 of Decree No. 432/2003 Coll. establishing specific conditions for work categorization, as amended, specify the requirements for reporting work that involves exposure to asbestos and biological agents. The Committee also notes the Government’s indication that the number of reported works connected with the removal of asbestos is not recorded. However, the Government indicates that information on the number of workers exposed to asbestos is recorded in the category of “hazardous work” under the national system of work categorization established by sections 37–44 of Act No. 258/2000 Coll. on public health protection, and that records for each worker are kept for a period of 40 years after the termination of exposure, pursuant to section 40 of the Act. The Committee also notes the Government’s indication that employers do not have to report work involving isolated and short-term exposure to asbestos. The Committee requests the Government to provide further information on cases of isolated and short-term exposure of workers to asbestos, including the existence of specific conditions for the granting of exceptions in these cases, the measures taken to ensure the protection of the workers concerned and any type of record kept of such cases.

Article 2. Replacement of carcinogenic substances or agents and protective measures. The Committee notes the Government’s reply to its previous request concerning, where technically possible, the replacement of hazardous substances, preparations and procedures by substances, preparations and procedures that are less hazardous for the health of the workers, and the employer’s obligation to use a closed system for the use and production of hazardous substances, as well as the list of protective measures that employers are required to implement, pursuant to section 18 of Government Regulation No. 361/2007 Coll. on conditions for the protection of health at work.

Article 5 of the Convention. Medical supervision in relation to occupational hazards. The Committee notes the information provided by the Government in reply to its previous request concerning the supervision of workers’ health and in particular the indication that the type and frequency of medical examinations depend on the nature of the actual hazardous substance, agent and exposure, pursuant to Act. No. 373/2011 Coll. on specific health services and Decree No. 79/2013 Coll. on the implementation of certain provisions of this Act, as well as Decree No. 104/2012 Coll. on the assessment of occupational diseases.

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

The Committee notes the Government’s comprehensive report and that, in addition to the legislation referred to in the Government’s report on the application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Government refers to the adoption of new legislation amending or repealing previous legislation on the same subject including Act No. 361/2007 Coll., which designates the conditions for the protection of the health at work; Act No. 371/2008 Coll., concerning the list of hazardous chemical substances and hazardous chemical preparations which are prohibited from being introduced into the market or whose introduction on the market or use is limited; Decree No. 205/2009 Coll., governing the identification of emissions from stationary sources. The Committee also notes the information that comments received from the Czech-Moravian Trade Union Confederation have been incorporated in the Government’s report.

Article 1 of the Convention. Prohibited substances or subject to authorization. With reference to its previous comments the Committee notes that the Government indicates that the only exceptions to the ban on working with chemical carcinogens now contained in section 8 of Act No. 309/2006 concerning further requirements on occupational safety and health are only applied in relation to asbestos during the removal and elimination of asbestos installations, and that the protection of the health of the workers who carry out this work is regulated in detail in Regulation No. 361/2007 Coll. which designates that conditions for the protection of the health of the workers, in particular in its sections 20–21. The Committee requests the Government to provide further information on the application of these provisions in practice, including information on the frequency of requests made for exceptions, their duration, etc., as well as the manner in which information is kept regarding the possible exposure to asbestos of workers engaged in such work.

Part IV of the report form. Application in practice. The Committee notes the information that, in the period from 2007 to 2009, a total of 44 cases of occupational cancer caused by chemical substances of ionizing radiation and 16 cases of mesotheliomas of the pleura or peritoneum were recorded. It also notes the information that a total of 17,533 workers were employed in workplaces involving an exposure to chemical substances with serious delayed effects (carcinogenic and mutagenic) and that 5,483 of these workers carried out work that was classified to be in a risk category. The Committee invites the Government to continue to provide information in this respect and reiterates its requests to provide information on the specific protective measures taken in application of Articles 2 and 5 of the Convention to avoid that workers contract a cancer caused by their exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation on this Convention, the Committee notes the information in the Government’s report, including information on the adoption of Acts Nos. 247/2003 and 46/2004 amending the Labour Code, of Decrees Nos. 356/2002, 288/2003, 356/2003, 432/2003, 221/2004, 427/2004, 433/2004, 38/2005, 251/2005, and of Government Regulations Nos. 523/2002 and 441/2004, amending Government Regulation No. 178/2001. The Committee requests the Government to provide copies of this legislation, as well as Act No. 258/2000, Public Health Protection, referred to in previous reports, including, to the extent possible, translations thereof in one of the working languages of the ILO.

2. Part IV of the report form. The Committee notes the Government’s indication that 6,264 persons were recorded by the Register of Chemical Carcinogens for the year 2004, and that 14 cases of pleural mesothelioma and seven cases of lung cancer with asbestosis or hyalinosis of lungs were reported. The Committee invites the Government to continue to provide information in this respect and reiterates its requests to provide information on the specific protective measures taken in application of Articles 2 and 5 of the Convention to protect workers from diseases caused by their exposure to carcinogenic substances.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report concerning the adoption of Acts Nos. 247/2003 and 46/2004, amending the Labour Code and of Government Order No. 178/2001, as amended by Regulation No. 441/2004. The Committee also notes the information that observations received from the Czech-Moravian Trade Union Confederation have been incorporated in the Government’s report.

2. Article 1. Prohibited substances or subject to authorization. The Committee notes with interest the Government’s indication that section 134(d) of the Labour Code, as amended, prohibits the substances listed therein, with the exception for research, laboratory work, analytical work, work on liquidation of useless stocks, waste and equipment containing these substances and work on liquidation of the processing of other substances or formulation, and that the same section of the Labour Code also prohibits work with asbestos, the application of asbestos in spray painting and work procedures, including use of thermo- or acoustic-isolation materials of density under 1 g/cm³ containing asbestos. The Committee requests the Government to provide information on how these exceptions are applied in practice.

3. The Committee notes with satisfaction that work with substances subject to authorization and inspection is listed in Annex 9 of Government Order No. 178/2001, as amended by Regulation No. 441/2004.

4. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s last report. It draws the Government’s attention to the following points requiring additional information.

1. Article 1 of the Convention. The Committee notes section 134(d) of the Labour Code, as amended in 2002, prohibiting work with certain substances and agents, except for "… laboratory research, analytical work, disposal of useless stocks, waste and equipment containing these substances and preparations and the disposal of these compounds when they originate as an undesirable by-product when processing another substance or product". It further notes that the Government’s report contains the list of carcinogenic substances belonging to groups 1 and 2, the list of chemical work processes involving the risk of cancer, and the list of mutagens, which according to the Government’s indication, are contained in Annex 9 to Government Regulation No. 178/2001, setting health protection conditions for employees at work. The Government, however, does not indicate whether the substances and agents as well as the work processes appearing in these lists are prohibited or made subject to authorization or control. The Committee therefore requests the Government to specify the substances, agents and work processes which are prohibited or subject to restrictions, including possible exceptions that may be granted. It further requests the Government to supply a copy of Government Regulations No. 178/2001, setting health protection conditions for employees at work.

2. Part IV of the report form. The Committee notes the Government’s indication that at present some 10,100 workers are registered as being exposed to carcinogens and asbestos in the course of their work. The incidence of diseases resulting from their exposure to carcinogens is very low, i.e. during the last decade there have been an average of seven patients per year. The diseases mostly diagnosed were mesothelioms and bronchial cancer caused by asbestos. The Committee, while noting with interest the Government’s indications on the practical application of  the Convention, invites the Government to continue to provide information in this respect and, in particular to provide information on the specific protective measures taken in application of Articles 2 and 5 of the Convention to avoid that workers contract a cancer caused by their exposure to carcinogenic substances.

3. The Committee would like the Government to supply a copy of the following legislation: Act No. 258/2000 on Public Health Protection; Decree No. 301/1998, issued by the Minister of Environment, listing chemical substances and chemical preparations production, marketing and application of which is restricted, as amended by Decree No. 390/2000; Decree No. 89/2001, issued by the Minister of Health, setting conditions for work typology categorization, limit values of biological exposure tests, and requirements for reporting manipulation with asbestos and biological agents, as well as of all other legislative texts adopted which may have an impact on the application of the Convention.