Occupational Cancer Convention, 1974 (No. 139) - Egypt (Ratification: 1982)

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

Previous comments: C.62, C.115, C.139 and C.148

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 Conventions Nos 45 (underground work by women), 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer) and 148 (air pollution, noise and vibration) together.

A. Protection against specific risks

Application in practice of Conventions Nos 115, 139 and 148. The Committee notes that in its report under Convention No. 148, the Government indicates that emissions from petroleum-based substances can lead to cancer and during 2021–22, around 260 serious accidents were inspected by the directorates of the Ministry of Manpower in the governorates and reviewed by the Ministry’s Central Administration of Occupational Safety and Health and Securing the Working Environment for the requisite actions to be taken in this regard. The Committee requests the Government to provide information on the application in practice of the Convention Nos 115, 139 and 148 below, including the number of accidents and occupational diseases recorded, as well as the violations detected by the competent authority related to radiation exposure, occupational cancer and noise, vibration and pollution, the corrective measures ordered, and penalties imposed.

Radiation Protection Convention, 1960 (No. 115)

Article 6 of the Convention. Maximum permissible doses. General observation of 2015. The Committee notes the Government’s reference to Ministerial Order No. 211 of 2003 on safety thresholds, necessary conditions and requirements for countering biological, chemical, mechanical and physical hazards and for safeguarding the working environment. It observes that Ministerial Order No. 211 of 2003 does not provide for maximum permissible doses for ionizing radiation, and that its section 10 refers to Act No. 59 of 1960 on the regulation of work with ionizing radiation and protection against it in this regard. However, Act No. 59 of 1960 does not seem to remain in effect following the adoption of Act No. 7 of 2010 on the regulation of nuclear activities and ionizing radiation. The Committee notes that Act No. 7 of 2010 does not contain any provision relating to the maximum permissible doses and amounts of ionizing radiation. The Committee requests the Government to provide detailed information on the current maximum permissible doses of ionizing radiations to which workers may be exposed to. In this respect, it draws the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. Following its previous comment, the Committee notes the adoption of Act No. 148 of 2019 on Social Insurance and Pensions and its executive regulation. The Committee requests the Government to provide information on any provisions giving effect to Article 14 of the Convention, which provides for the discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Reduction of the number of workers exposed. Following its previous comment, the Committee notes the Government’s reference to section 211 of the Labour Code (No. 12 of 2003) and section 34 of Ministerial Order No. 211 of 2003, which provide the obligation of employers to take preventative and protective measures against chemical hazards, including carcinogenic materials. The Government also indicates that the Ministry of Manpower, represented by the Central Administration of Occupational Safety and Health, follows procedures and takes measures to reduce the number of workers exposed to carcinogenic materials, including through the inspection of establishments to detect hazards, carcinogenic materials or any occupational diseases. The Government indicates that if a problem is detected, environmental measurements are carried out The Committee notes the Government’s information which addresses its previous comment.

Article 4. Provision of information to workers. Following its previous comment, the Committee notes the Government’s reference to sections 211 and 217 of the Labour Code. Section 217(b) provides for the obligation of employers to inform workers, before their engagement in work, of the risks of the occupation, to provide the proper personal protection equipment and the necessary training to use it. Section 211(f) provides for the obligation of employers to train workers to handle hazardous chemical materials and carcinogenic substances, inform and make them aware of the associated hazards as well as the required methods of safety and protection. The Committee notes the Government’s indications, which address its previous comment.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. Following its previous comment, the Committee notes the Government’s reference to sections 233 and 234 of the Labour Code. The Government also indicates that the performance by the labour inspectors of their supervisory role necessarily requires coordination in many matters and inquiring with employers or their assigned deputies and workers about all issues that contributes to their ability to verify and identify data and information that will assist them in enforcing provisions of the Labour Code and related regulations. Moreover, according to the Manual of Procedures in Labour Inspection (Ministerial Order No. 130 of 2006), during inspection visits, inspectors are required to inform both parties on the production process and to guide and assist employers in the application of labour laws. The Committee notes the Government’s information which addresses its previous comment.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes that no new information is provided regarding the absence of legal provisions in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect will be given to Article 6(2) of the Convention within the context of the revision of the Labour Code and to provide information on any progress made in this regard.

B . Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Construction Convention, 1988 (No. 167), and to undertake a ratification campaign in respect of Convention No. 167. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area.

Article 3(a) of the Convention. Obligation to notify all persons concerned. With reference to the Committee’s previous request on Article 3(a), the Committee refers to its comments above under Article 4 of Convention No. 139 on the requirements related to the provision of information of workers.

Article 7(5) and (8). General rules concerning scaffolds. Following its previous comment, the Committee notes the Government’s reiterated reference to the ongoing process to amend Ministerial Order No. 211 of 2003, under which the provisions of the Convention will be taken into account. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to Article 7(5) and (8).

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

Article 2(2) of the Convention. Reduction of the number of workers exposed. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that the number of workers exposed to carcinogenic substances or agents are reduced to the minimum level compatible with safety. The Committee notes that the information provided by the Government in its report, concerning sections 217(b), 224(a) and 256 of the Labour Code (No. 12 of 2003) and section 36 of Ministerial Order No. 211 of 2003, does not reply to its request. In this respect, it draws the Government’s attention to the guidance contained in Paragraphs 2 to 4 of the Occupational Cancer Recommendation, 1974 (No. 147). The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents is reduced to the minimum compatible with safety.

Article 4. Provision of information to workers. With reference to its previous comments, the Committee notes the Government’s indication that it takes the necessary measures to make workers aware of the inherent dangers at work and provides them with the necessary information regarding the performance of their duties, the nature of the work and possible exposure to occupational diseases resulting from a specific occupation, in addition to methods of prevention. It also notes that the Government again refers to section 217 of the Labour Code under which occupational safety and health (OSH) inspectors inform workers of the risks of the occupation, and the need to use the specified means of protection. The Committee requests the Government to specify whether employers, as well as OSH inspectors, are required to provide information to workers who are likely to be exposed to carcinogenic substances or agents.

Application in practice. The Committee notes the Government’s indication that the Convention is applied through the periodic medical examination of workers who are exposed to occupational risks, as provided in the schedules relating to occupational diseases, occupational exposure and the frequency of medical examinations, and through the verification by occupational safety and health inspectors that such examinations are carried out. The Committee requests the Government to provide further information on the application in practice of the Convention, including relevant extracts from inspection reports.

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

The Committee notes the Government’s response on the application of Article 5 of the Convention in regard to the obligation on employers under section 219(C) of Labour Code No. 12 of 2003 to carry out periodical medical examinations of all the workers in their workplace and that, in accordance with table No. 1 of the Social Insurance Act No. 79 of 1975, the frequency of such medical examinations is governed by the type of exposure to which a worker is subjected. The Committee would be grateful if the Government could provide further information on the kind of examinations provided. 

Article 2(2) of the Convention. Reduction of limits of exposure. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents are reduced to the minimum level compatible with safety.

Article 4. Provision of information to workers. With reference to its previous comments the Committee notes the Government’s response indicating that occupational safety and health inspectors monitor the application of the provisions of the Code including section 217(B) of Labour Code No. 12 of 2003. Accordingly, the inspectors verify that training of workers is done on a sound basis for the performance of their occupation, and informs them of the risks of the occupation, and the need to use the specified means of protection. Noting this information, the Committee requests the Government to provide further information on whether compliance with this provision rests solely on the labour inspectors or whether measures have been taken to ensure that employers are also required to provide workers, who are likely to be exposed to carcinogenic substances or agents, with all available information on the dangers involved and on the measures to be taken. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that the workers are provided with all available information on the dangers involved and on the measures to be taken.

Part IV of the report form. Application of the Convention in practice. With reference to its previous comments the Committee requests the Government to provide any up-to-date information, if possible, on the practical application of the provisions of the Convention, including extracts from inspection reports, statistical data, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, and the number, nature and causes of cases of disease.

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

1. The Committee takes note of the Government’s report and the information supplied in response to its previous comments. It notes with interest the adoption of Labour Code No. 12 of 2003, Ministerial Order No. 211 of 2003 that identifies the carcinogenic substances to which the exposure of workers should be limited and Ministerial Order No. 180 of 2003 relating to the provision of medical care for workers.

2. Article 2, paragraph 2, of the Convention.  Reduction of limits of exposure. The Committee notes the indication of the Government that section 211(A) of Labour Code No. 12 of 2003 requires that the exposure of workers to carcinogenic materials should not be in excess of the maximum levels permitted and that Ministerial Order No. 211 of 2003 prescribes the duration and degree of such exposure. Recalling that Article 2, paragraph 2, of the Convention also requires the number of workers exposed to carcinogenic substances or agents to be reduced to the minimum compatible with safety, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents is reduced to the minimum compatible with safety.

3. Article 4. Provision of information to workers. The Committee notes the indication of the Government that section 217(B) of Labour Code No. 12 of 2003 and section 36 of Ministerial Order No. 211 of 2003 give effect to Article 4 of the Convention. The Committee notes that section 217(B) is of a general nature and requires that workers be informed of possible risks related to the work in question. It also notes the indication of the Government that section 36 of Ministerial Order No. 211 of 2003 requires workers to be notified through written or oral instructions, of hazards that may result from the use of chemical substances at work and also requires them to be trained on the means of protection against these hazards. The Committee requests the Government to indicate the measures taken in practice to give effect to the requirements of these provisions so as to ensure that the workers concerned are informed in a complete and comprehensive manner about the dangers inherent in work involving exposure to carcinogenic substances or agents and on the protective measures that should be taken.

4. Article 5. Medical examination of workers. The Committee notes that section 219(C) of Labour Code No. 12 of 2003 requires employers to coordinate with the Health Insurance Authority for carrying out the periodical medical examination of all the workers of the establishment and a medical examination at the end of their service. It also notes the indication of the Government that Ministerial Order No. 180 of 2003, Social Insurance Act No. 79 of 1975 and Ministerial Order No. 218 of 1977 give effect to the requirements of Article 5 of the Convention. The Committee requests the Government to clarify whether in practice all workers exposed to carcinogenic substances or agents are entitled to periodic medical examinations by virtue of these laws. It also requests the Government to provide information on the frequency of such examinations and the kind of examinations provided.

5. Part IV of the report form. Practical application of the Convention. The Committee notes the indication of the Government that 27 departments, 178 occupational health and safety offices and 1,000 inspectors are involved in the application of the provisions of the Convention. It also takes note of the half-yearly bulletin on industrial safety statistics published in June 2003. The Committee requests the Government to continue to provide information, disaggregated by sex, if possible, on the practical application of the provisions of the Convention.

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

The Committee notes the information provided by the Government in response to its previous comments. It draws the Government’s attention to the following points.

1. Article 1 of the Convention. The Committee notes the Government’s indication that the new Labour Code No. 12 of 2003 has been promulgated and that the procedures for its implementation are under preparation, including the amendment of Order No. 55 of 1983 on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants, taking into consideration the technological development and the extent of exposure to pollutants. The Committee takes due note of this information and requests the Government to supply a copy of the 2003 Labour Code for further examinations. It hopes that the revision work of Order No. 55 of 1983, which has been announced since 1988, will be completed in the near future. The Committee requests the Government to communicate a copy of the amended order once it has been adopted for in-depth examination. The Committee further requests the Government to indicate whether codes of practice or guides exist which are used to determine carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.

2. Article 2, paragraph 2. With regard to the reduction of the number of workers exposed to carcinogenic substances or agents as well as the reduction of the duration and degree of such exposure, the Committee notes the Government’s indication that all orders designed to give effect to the provisions of the new Labour Code are currently being amended. The Committee hopes that the amendments to the respective orders will be adopted soon, in order to give effect to this provision of the Convention on which the Committee had made comments for a number of years.

3. Article 4. With regard to the information to be provided to workers on the dangers inherent in the exposure to carcinogenic substances or agents and on the measures to be taken, the Government indicates that the orders to implement the provisions of the new Labour Code, 2003, are presently being prepared, and that a document on safety on the utilization of dangerous products shall be included in the amendments being envisaged. The Committee accordingly hopes that the amendments to the orders will be adopted soon to ensure that the workers concerned are informed in a complete and comprehensive manner about the dangers involved in their exposure to carcinogenic substances or agents and on the measures to be taken.

4. Article 5. The Committee notes the Government’s indication that section 219 of the new Labour Code, 2003, obliges all undertakings to provide medical examinations to all their workers. The Committee, although it was not in a position to examine the new Labour Code of 2003, would consider that section 219 of the Labour Code, 2003, is drafted in too general terms to give full effect to this Article of the Convention. It recalls that under this Article of the Convention, measures must be taken to ensure that workers, both during and after the period of their employment, are provided with the medical or biological examinations or other tests or investigations needed to evaluate their level of exposure and monitor their state of health with regard to the occupational hazards, in response to the common situation in which cancer is diagnosed only after the worker concerned has left the employment in which he or she suffered exposure. The Committee therefore requests the Government to review the respective provisions of the Labour Code 2003 in the light of these explanations, and to take the appropriate measures, if necessary.

5. Part IV of the report form. In the absence of any information contained in the Government’s report, the Committee again requests the Government to provide detailed information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of diseases, etc.

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

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee notes the Government’s indication that the new law amending the Labour Code has not been adopted yet and that Order No. 55 of 1983, on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants, is currently being amended, in accordance with the most recent data, information, studies and standards issued in this regard. The Committee states that the Government announces since 1986, that it will adopt a new Labour Code and, since 1988, the revision of Order No. 55 is announced in order to apply Article 1 of the Convention. The Committee reiterates its firm hope that the indicated revisions will be finished in the near future. The Committee further requests the Government to provide information about the codes of practice or guides which are used to determine carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the Convention shall apply.

Article 2, paragraph 2. The Committee notes the Government’s indication that the relevant labour standards dealing with the reduction of the number of workers exposed to chemical hazards, as well as the reduction of the duration and degree of exposure, were taken into account when some sections of the draft amendment of Order No. 55 have been elaborated. The Committee notes that the Government has been indicating in each of its reports, since 1986, that Order No. 28 of 1982, promulgated pursuant to section 134 of the Labour Code (No. 137 of 1981), providing for the adoption of ministerial orders to reduce the hours of work of certain categories of workers and in arduous work, will be amended with a view to the inclusion of certain activities involving exposure to carcinogenic substances, in the schedule of dangerous and hazardous activities. The Committee notes that according to the Government’s information, the aforementioned Order has not yet been amended. The Committee, therefore, reiterates the hope that the Government will adopt the amendments to the aforementioned orders in the near future and requests it to supply copies of them once they have been adopted.

Article 3. The Committee notes with interest Order No. 36 of 1982 issued by the Minister of Manpower and Migration, on the statistical forms on dangerous accidents, injuries and diseases. The Committee notes that this Order establishes the supervision of accidents and occupational diseases for undertakings or branches by imposing the obligation on the employer to report the occurrence of accidents and occupational diseases. The Committee notes that while section 2 of the aforementioned Order merely obliges enterprises to notify the competent industrial safety office of the occurrence of accidents and occupational diseases, section 4 requires that enterprises employing more than 50 workers must submit statistics on accidents and occupational diseases to the competent industrial safety office. The Committee therefore requests the Government to indicate whether consolidated statistics are compiled by the Government, containing data on accidents and occupational diseases. If that is the case, the Government is requested to indicate if on this basis the Government establishes a system of records concerning occupational cancer-related diseases.

Article 4. The Committee notes the Government’s information that Order No. 56 which, according to the Government, will amend Order No. 55, is being elaborated, taking into account the previous observation of the Committee, pointing out that the information of general character that must be supplied to the workers in application of section 117 of the Labour Code does not meet the requirements of Article 4 of the Convention. The Committee also notes the information supplied by the Government that the new Order will be communicated to the Committee upon its adoption. The Committee recalls that Article 4 of the Convention calls for information to be provided to the workers on the dangers involved and on the measures to be taken, in relation to the exposure to carcinogenic substances or agents. The Committee therefore requests the Government, once again, to take the necessary measures to give effect to this Article of the Convention.

Article 5. The Committee notes the Government’s declaration that observance of Article 5 shall be made with respect to the medical examinations of all workers exposed to carcinogenic substances or agents after their employment. The Committee recalls that each Member which ratifies this Convention shall take measures to ensure that workers are 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 the occupational hazards. The Committee therefore urges the Government to take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Part IV of the report form. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in Egypt, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc.

[The Government is requested to report in detail in 2003.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Article 1, paragraphs 1 and 3, of the Convention.  For many years the Committee noted the Government’s indication that it intended to take into consideration the Committee’s comments in the revision of the Labour Code (Act No. 137 of 1981) and of Orders No. 55 of 1983, and No. 28 of 1982, and that a review of carcinogenic substances and of asbestos was under way. The Committee notes the Government’s indication in its report that the new Labour Code has not yet been published, but that Order No. 55 of 1983, on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants is currently being prepared and is undergoing final revision before being submitted to the competent state body. Moreover, new chemical substances have been added to the schedule annexed to Order No. 55 of 1983, including a number of carcinogenic substances. The Committee reiterates its hope that the Government will soon be able to report the adoption of the new Labour Code, as well as the revision 6 of Order No. 55 of 1983, with a view to ensuring the application of Article 1, paragraphs 1 and 3, of the Convention.

2.  Article 2, paragraph 2.  The Committee notes the Government’s indication to the effect that the draft amendment to Order No. 55 of 1983, will incorporate measures which aim to reduce the number of workers exposed to chemical hazards, as well as the duration and degree of exposure. The Committee hopes that the draft amendment to Order No. 55 of 1983, will be adopted in the near future and will contain provisions requiring specific measures to be taken with a view to reducing the number of workers exposed, in conformity with Article 2, paragraph 2, of the Convention. With regard to the duration of exposure to carcinogenic substances or agents, the Government has indicated in its reports since 1986, that Order No. 28 of 1982, promulgated pursuant to section 134 of the Labour Code, which provides for the adoption of ministerial orders to reduce the hours of work of certain classes of workers and in arduous work, is being amended with a view to the inclusion of certain activities, involving exposure to carcinogenic substances, in the schedule of dangerous and hazardous activities. The Committee accordingly hopes that the Government will amend the existing Order in the near future in order to bring it into conformity with this Article of the Convention. It requests the Government to supply copies of the revised Orders once they have been adopted.

3.  Article 3.  In its previous comment, the Committee noted the Government’s indication that Order No. 36 of 1986, establishes the reporting procedure for the data on occupational diseases, accidents, injuries, ordinary and chronic diseases and cases of exposure to carcinogenic substances which occur at the workplace, in establishments with at least 15 workers, which is to be reported on forms to be filled in under the supervision of the establishment’s physician. The Committee had recalled that this Article of the Convention provides for measures to protect workers against the risk of exposure and for an appropriate system of records; such a system is not limited to workers already suffering from an occupational disease, nor is it limited to establishments employing a certain number of workers, since the Convention applies to all workers who might be exposed in the course of their work. The Committee notes that the Government’s report does not contain a reply in this regard. The Committee therefore reiterates its request and asks the Government to indicate the measures taken for the establishment of an appropriate system of records for the workers concerned.

It also asks the Government to supply a copy of the abovementioned Order No. 36 of 1986.

4.  Article 4.  The Committee notes that section 117 of the Labour Code, Act No. 137 of 1981, provides that the employer shall inform a worker, before his appointment, of dangers related to the non-observance of the protection measures prescribed for his job and shall provide all personal protection measures, including training on their correct use. The Government further indicates that the General Health Insurance Agency notifies the results of the periodic medical examinations, like they are also notified by the Occupational Safety and Health Office, responsible for inspections of enterprises, which are carried out through workers’ representatives who are members of the Occupational Safety and Health Committee at undertakings during the review of the results at their monthly meetings. The Committee wishes to point out that the information of general character that must be supplied to the workers in application of section 117 of the Labour Code, although important, does not meet the requirements of Article 4 of the Convention. It recalls that Article 4 of the Convention calls for information to be provided to the workers on the dangers involved and on the measures to be taken in relation to the exposure to carcinogenic substances or agents. The Committee therefore asks the Government to indicate the steps taken to provide information to the workers on the dangers involved in the exposure to carcinogenic substances and on the measures to be taken in this respect.

5.  Article 5.  The Committee notes that section 122, subsection 1, of the Labour Code of 1981, establishes the employer’s obligation to carry out periodical medical inspections on workers affected by any of the occupational diseases with a view to keeping them permanently fit and to identifying any diseases at their preliminary stages. According to subsection 2, "such an inspection shall be carried out by the General Health Insurance Agency in return for the fees stipulated in the Social Insurance Law and which shall be at the expense of the firm". The Committee further notes the Government’s indication that Order No. 218 of 1977, issued by the Minister of Social Security, specifies that the periodicity of medical examinations for workers exposed to this kind of hazard is either every six months or every one or two years. The Government also explains that the departments responsible for these periodic medical examinations within the units of the General Health Insurance Agency formulate the rules and plans for carrying out such medical examinations, in accordance with international standards and the level of professional exposure. The Committee notes that the Government again refers to section 67 of the Social Security Law No. 79 of 1975, concerning insurance against employment injuries, which provides for continued medical treatment for one year after the employment of a worker who has contracted an occupational disease. In this regard, the Government explains that in the case of insured persons who are exposed to any occupational hazard, such as carcinogenic substances, and who show symptoms of diseases related to such substances, it is essential to take all the necessary measures of investigation to identify the disease. The Committee, taking due note of this information, recalls once again that Article 5 of the Convention provides for medical examinations or biological tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances, and not only for those who have contracted an occupational disease or where there is a firm suspicion that they might have contracted an occupational disease. It points out that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards is intended to respond to the not uncommon situation in which a cancer is not detected until after the worker has terminated the employment involving exposure. The Committee therefore once again hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee hopes that the Government will supply information in its next report on the progress made in this respect.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In its previous comments the Committee noted the Government's indication that it intended to take into consideration the Committee's comments in the revision of the Labour Code (Act No. 137 of 1981) and of Orders No. 55 of 1983 and No. 28 of 1982 and that a review of carcinogenic substances and of asbestos was under way. The Committee notes the Government's indication in its latest report that the tripartite committee responsible for the revision of the Labour Code has added more carcinogenic substances to the list of 28 substances annexed to Order No. 55 of 1983 (protective measures to ensure safety and health in the workplace) on the basis of the latest information and data issued by the Ministry of Health and by the ILO. The Committee hopes that the Government will soon be able to report on the adoption of the new Labour Code as well as on the revision of annex 6 of Order No. 55 of 1983 to ensure the application of Article 1, paragraphs 1 and 3, of the Convention.

2. The Committee notes that in relation to the application of Article 2 of the Convention, the Government refers to section 115 of the Labour Code under which the employer shall take measures to ensure safety and health in the workplace as regards, inter alia, chemical hazards, the conditions and precautions being determined by Ministerial Order. The Committee once again expresses the hope that the Government will provide information on the specific measures taken with a view to reduce the number of workers exposed and the duration and degree of exposure in conformity with Article 2, paragraph 2, of the Convention.

3. As concerns the application of Article 3 the Committee notes the Government's indication that Order No. 36 of 1982, provides for the procedure for reporting occupational diseases and accidents, in establishments of more than 15 workers, on forms to be filled in under the supervision of the establishment's physician. The Committee would recall that this Article of the Convention provides for measures to protect workers against the risk of exposure and for an appropriate system of records; such a system is not limited to workers already suffering from an occupational disease nor is it limited to establishments employing more than 15 workers as the Convention applies to all workers who might be exposed in the course of their work. The Committee hopes that the Government will indicate the measures taken for the establishment of an appropriate system of records for the workers concerned.

4. The Committee further notes that in relation to the application of Article 4 of the Convention, the Government refers to protective measures, labour inspection and periodic examinations. The Committee hopes that the Government will provide specifics on the steps taken to provide information to workers who have been, are, or are likely to be exposed on the dangers of carcinogenic substances or agents and on the measures to be taken.

5. The Committee notes that the Government refers again to section 67 of Act No. 79 concerning insurance against employment injuries which provides for continued medical treatment during one year after the employment, for a worker who has acquired an occupational disease; the Government states that given the general terms of this provision no distinction is made as to the categories of workers nor the different diseases. The Committee would recall once more that Article 5 of the Convention, provides for medical examinations or biological or other tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances and not only for those who have thereby acquired an occupational disease. The inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after the worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological or other tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

6. The Committee hopes that the Government will report in the near future on progress made in the application of the Convention.

[The Government is asked to report in detail in 1999.]

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

1. In its previous comment, the Committee had noted the Government's indication that it intended to take into consideration the comments previously made by the Committee for the revision of Title V of the Labour Code and Orders No. 55 of 1983 and No. 28 of 1982. In its latest report, the Government has indicated that a review of carcinogenic substances and asbestos is presently underway. The Committee hopes that the Government will adopt new regulations or amend the existing Orders in order to ensure the application of the following provisions of the Convention which have been the subject of its comments for a number of years: Article 1, paragraphs 1 and 3, of the Convention (determination of carcinogenic substances and agents which shall be prohibited or made subject to authorisation or control, consideration being given in this regard to the latest international information); Article 2, paragraph 2 (reduction in the number of workers exposed to carcinogenic substances or agents and in the duration of exposure); Article 3 (establishment of an appropriate system of records); and Article 4 (provision of information to workers who are or have been exposed to carcinogenic substances on the dangers involved and the methods of protection). The Committee hopes that the Government will take the necessary measures to ensure the application of these provisions of the Convention in the near future and requests the Government to provide information in its next report on the progress made in this regard.

2. The Committee notes the indication by the Government that section 67 of Title IV of Chapter V of Act No. 79 concerning insurance against employment injuries provides for continual medical treatment during one year after employment for a worker who has acquired an occupational disease. The Committee would recall, however, that Article 5 of the Convention provides for medical examinations or biological or other tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances and not only those who have thereby acquired an occupational disease. The Committee would recall that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after a worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances are provided with medical examinations or biological or other tests or investigations after the period of employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Government is requested to indicate in its next report the progress made in this regard.

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

1. The Committee notes with interest from the information supplied by the Government in reply to its previous direct request that it intends to take into consideration for the revision of title V of the Labour Code and Orders No. 55 of 1983 and No. 28 of 1982 the comments previously made concerning Article 1, paragraphs 1 and 3 (determination of carcinogenic substances and agents which shall be prohibited or made subject to authorisation or control), Article 2, paragraph 2 (list of activities where workers are exposed to carcinogenic substances), and Article 4 of the Convention (provision of information to workers who are or have been exposed to carcinogenic substances on the dangers involved and the methods of protection). The Committee would like to recall that under Article 2, paragraph 2, of the Convention, measures shall also be taken to reduce the number of workers exposed to carcinogenic substances and that Article 3 requires for the establishment of a system of records for workers concerned. The Committee hopes that the Government will also give effect to these provisions of the Convention in the current revision of the legislation.

2. The Committee observes that section 58 of Law No. 79 of 1975 and Law No. 27 of 1981, referred to by the Government, do not fully apply Article 5 of the Convention, as they do not provide for medical examination after termination of employment in sectors other than mines and quarries, and independent of any incapacity. It reiterates the hope that the Government will take the necessary measures to ensure that workers are provided with medical examinations as necessary after their employment to evaluate their exposure and state of health in relation to occupational hazards, in accordance with this provision of the Convention.