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

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

The Committee notes the observations made by the General Labour Union (UGL), attached to the Government’s report. The Committee notes that, according to the UGL, the access to retirement of workers engaged in strenuous work, including asbestos removal, has generally worsened and that financial support for workers affected by cancer does not appear to be sufficient to ensure a decent standard of living. The Committee notes the Government’s reply in its report that, following the adoption of Act No. 214 of 2011, workers engaged in strenuous activities and who were previously eligible for a reduction of up to three years of their retirement age can now retire once they reach a fixed quota combining their age and the length of their employment. With regard to financial assistance for workers affected by cancer, the Government indicates that the National Insurance Institute for Employment Injuries (INAIL) provides workers diagnosed with an occupational disease with the appropriate financial and health benefits, which include compensation for personal injury, direct pensions for permanent disability and pensions for workers affected by silicosis or asbestosis. The Committee takes note of this information.

Article 5 of the Convention. Medical examinations of workers during the period of employment and thereafter. With reference to its previous comments concerning medical examinations following the period of employment, the Committee notes the Government’s indication that, pursuant to section 41(2)(e) of Legislative Decree No. 81 of 9 April 2008, medical examinations shall be conducted upon termination of employment in the cases provided for by the legislation in force. The Committee also notes that, with regard to protection from chemical agents, section 229(2)(c) provides that medical surveillance shall be carried out upon termination of employment, and section 242(6) provides that, with regard to protection from carcinogens and mutagens, physicians shall provide workers with adequate information on health surveillance, particularly with regard to the opportunity of undergoing a health check even after termination of employment. Furthermore, with regard to protection from risks associated with exposure to asbestos, section 259(2) provides that workers who have been included in the register of exposure shall be subject to a medical examination upon termination of employment, during which the physician must provide them with information on the opportunity to undergo subsequent medical examinations. The Committee requests the Government to provide further information on the measures taken in practice to ensure the availability of facilities for the medical supervision of workers following the cessation of assignment to work involving exposure to carcinogenic substances and after termination of employment.

Application in practice. The Committee notes the very detailed statistical information provided by the Government according to which the number of cases of occupational diseases reported to the INAIL has gradually increased since 2007, reaching 51,834 cases in 2013. It also notes that 1,133 cases of occupational cancer were registered in 2013, compared with 1,202 cases in 2010, and that the number of occupational diseases related to asbestos increased from 1,711 cases identified in 2012 to 1,860 in 2013. Furthermore, the Committee notes that by the end of 2012, a total of 158,774 workers exposed to carcinogens were registered under the Information System on Occupational Exposure to Carcinogens (SIREP), 88 per cent of whom were men, and that the highest proportion of exposed workers were employed in the chemicals industry. The Committee also notes that the 2012 report of the National Registry of Mesotheliomas (ReNaM) on cases of mesothelioma diagnosed during the 1993–2008 period examined the average age of diagnosis, the proportion of cases by gender and the modes of exposure to asbestos. The Committee requests the Government to continue providing detailed information on the number and causes of occupational cancers.

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

Legislation. The Committee notes the information provided by the Government in its last report. It notes with satisfaction that the Legislative Decree No. 81 of 9 April 2008, the “Single Text for the Protection of Safety and Health in Workplaces (TULS)”, establishes a comprehensive framework for the protection of workers exposed to carcinogenic substances and agents (Part IX, Chapter II). Concerning its previous comments, the Committee takes note of the fact that the new legislation replaces different regulations on safety and health at workplace, inter alia, the Legislative Decree No. 626 of 19 September 1994. In addition, the Committee takes notes of the fact that, by means of sections 234 and 245 of the Legislative Decree No. 81 of 2008, Italian law, in line with Article 1 of the Convention, provides for a list of carcinogenic and mutagenic substances and ensures that this list is periodically reviewed by the National Consultative Commission for Toxicology. The Committee notes the update of the list of carcinogenic and mutagenic substances attached to the Government’s report. Section 243 of the named Legislative Decree ensures the conformity of Italian legislation with Article 3 of the Convention, by establishing a system of records, composed of a registry and a sanitary file for each worker at risk and the obligation to keep those files at the Higher Institute for Occupational Safety and Health (ISPESL). This body is in charge of data collection and monitoring on occupational hazards related to exposure to carcinogenic substances (the data are received from the National Institute for Social Security, the National Institute of Statistics, the National Insurance Institute for Employment Injuries, physicians and public and private hospitals); each year the ISPESL communicates them to the Ministry of Health and the Ministry of Labour.

Article 5. Medical examinations and health supervision. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments the Committee referred to the situation of workers for whom a continued assignment to work involving exposure to carcinogenic substances was found medically inadvisable. The Committee pointed out that, in case a relocation of the workers to other positions (at equivalent or lower level) within the same enterprise was not possible, they needed to be assisted in finding alternative employment or with measures to protect their income. Against this background, the Committee takes note of the fact that the previous legislation regulating this issue is no longer in force but that section 42 of the TULS requires the employer to assign the worker who has been declared unable to work under exposure to carcinogenic substances to an equivalent position and, when this is not possible, to a lower position (while retaining the same remuneration). The Committee further notes that, according to section 8, Law No. 68 of 12 March 1999, in case the assignment to another position with the same employer is not possible, the placement agencies are in charge of helping the dismissed workers to find alternative employment, thus in conformity with point 14 of the ILO Occupational Cancer Recommendation, 1974 (No. 147). In addition, the Committee takes note of the fact that, according to Decree 1124 of 30 June 1965, when workers contract an occupational disease (as under the list contained in Annex 4 of the named Decree), the National Insurance Institute for Employment Injuries (INAIL) provides for, between others, compensation for temporary and permanent inability to work. Concerning health supervision, the Committee notes the information supplied by the Government on the medical examinations to be conducted before and during the employment activities of workers exposed to carcinogenic substances. The Committee reminds the Government that, under the terms of this Article, these examinations must also be carried out after the period of employment. The Committee requests the Government to make provision in law and in practice for medical examinations following the period of employment and requests it to provide information in this respect.

Part IV of the report form and Article 6(c). Inspection reports, statistics and appropriate system of inspection. With reference to its previous comments, the Committee notes with interest the detailed information provided by the Government. The Committee notes the data on occupational diseases collected by the INAIL in the period between 2006 and 2011, with statistics disaggregated by region, sector of activity and type of disease. According to these statistics, between 2006 and 2010 there has been an increase of 58.3 per cent of occupational diseases reported (from 26,752 in 2006 to 42,347 in 2010), out of which the majority is related to musculoskeletal disorders (from 10,069 in 2006 to 25,937 in 2010, with an increase of 157.6 per cent), and hearing loss (from 6,483 in 2006 to 6,277 in 2010, with a decrease of 3.2 per cent). The Committee also notes that the asbestos exposure-related diseases continue to increase. The Committee further notes the information provided by the Government on the Italian Information System on Occupational Exposure to Carcinogens (SIREP), which has been created by the ISPESL with the aim to monitor the exposure of workers to carcinogenic substances and the report of the National Registry of Mesotheliomas (ReNaM) for the period 1993–2004, which contains data on the types of cancers contracted at workplaces disaggregated by gender. According to this data, out of 6,640 cases of mesothelioma, in the period between 1993 and 2004, the majority of which are pleural cancers (6,203 cases); amongst the others there are cancers developed on the peritoneum area (396 cases). The Committee also notes the data concerning asbestos-related lung cancer mortality for the period 1980–2001 (12,216 pleural cancer deaths). The Committee, therefore, invites the Government to continue providing updated information and statistics on the number of professional cancers, with data disaggregated also by type of cancer.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information in the Government’s most recent report including its response to the Committee’s previous comments. The Committee notes the information that the Government intends to give increased attention to accidents at work and that through the recently adopted Law concerning the reorganization and reform of standards on health and safety (Act No. 123 of 3 August 2007), the Government has received delegated authority to reorganize and reform the standards on occupational safety and health, to improve the cooperation between and vigilance exerted by the different national authorities supervising compliance with national legislation on occupational safety and health. The Committee requests the Government to keep it informed on all measures taken to implement this national reform in the area of occupational safety and health, including on specific actions taken to improve the application of the present Convention.

Article 1(1)–(3) of the Convention. Prohibited substances or substances subject to authorization. The Committee notes the information submitted by the Government on the adoption of Legislative Decree No. 257 of 25 July 2006 (OG, No. 211 of 11 September 2006) concerning cessation of the use of asbestos. The Committee notes, inter alia, that the maximum exposure limit for all types of asbestos has now been lowered to the EU standard (see Directive 2003/18/CE regarding exposure of workers to the risks arising from asbestos) of 0.1 fibres per cubic centimetre of air measured as a time-weighted average over eight hours, and that any demolition activity and removal of asbestos can only be carried out by recognized entities qualified to carry out such work. The Committee requests the Government to continue to provide information on the practical application of these provisions of the Convention, including on progress made concerning the implementation of Legislative Decree No. 257 of 25 July 2006 concerning cessation of the use of asbestos.

Article 3. Preventive measures and record keeping. In response to its previous comments, including the observations made by the Italian General Confederation of Workers (CGIL), the Italian Confederation of Trade Unions (CISL) and the Union of Italian Workers (UIL) that relevant legislative provisions calling for the establishment of an appropriate system of records have not been effectively implemented in practice, the Committee welcomes the information that the Government has initiated work, inter alia, with the assistance of the Higher Institute for Occupational Safety and Health (ISPESL), for the realization of an information system capable of determining carcinogenic situations at work, as provided for in Section 71 of Legislative Decree No. 626/94 on job security (as amended). Against this background, the Committee requests the Government to continue to report on the application of this provision of the Convention, including on progress as regards the initiative to reform its system for keeping records.

Article 5. Alternative employment. With reference to its previous comments, the Committee notes that the Government’s report does not provide any additional information in this respect. The Committee therefore reiterates its request to the Government to provide additional information on the application in practice of this Article of the Convention.

Part IV of the report form and Article 6(c).  With reference to its previous comments, the Committee notes the updated information on exposure data and documented estimates of the number of exposed workers by country, carcinogen, and industry based on the carcinogen exposure (CAREX) database. The Committee notes that for the period 2000–03, the CAREX report submitted includes data on 85 CAREX agents reassessed, taking into account changes in exposure patterns and in numbers of employees by industrial class. According to this CAREX report, out of 21.8 million employees in Italy (broken down as 19.4 in industry and services, and 2.4 in agriculture), 4.2 million (or slightly less than 20 per cent of the workforce) were exposed to the agents included in the study. Prevalence of exposure was highest for environmental (passive) tobacco smoke (800,000 exposures); solar radiation (700,000); diesel engine exhaust (500,000); wood dust (280,000); silica (250,000); lead and inorganic lead compounds (230,000); benzene (180,000); hexavalent chromium compounds (160,000); glass wool (140,000); and PAHs (polycyclic aromatic hydrocarbons) (120,000). According to this updated study the ten most common exposures remain “the same as those already identified in CAREX”, with the “relevant exception of asbestos”. The Committee notes that former and current CAREX estimates indicate that asbestos exposure would have decreased with approximately 80 per cent from 352,691 exposures to 76,100. While noting this updated and informative study, the Committee again requests the Government to provide further and more recent information on the manner in which the Convention is applied in Italy, based on extracts from labour inspection reports and, if such statistics are available, the number of workers covered by the legislation, disaggregated by gender if possible, or other measures which give effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of the diseases, etc.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s most recent report including its response to the Committee’s previous comments. The Committee notes with interest the information that the Government intends to give increased attention to accidents at work and that through the recently adopted Law concerning the reorganization and reform of standards on health and safety (Act No. 123 of 3 August 2007), the Government has received delegated authority to reorganize and reform the standards on occupational safety and health, to improve the cooperation between and vigilance exerted by the different national authorities supervising compliance with national legislation on occupational safety and health. The Committee requests the Government to keep it informed on all measures taken to implement this national reform in the area of occupational safety and health, including on specific actions taken to improve the application of the present Convention.

2. Article 1, paragraphs 1–3 of the Convention. Prohibited substances or substances subject to authorization. The Committee notes the information submitted by the Government on the adoption of Legislative Decree No. 257 of 25 July 2006 (OG, No. 211 of 11 September 2006) concerning cessation of the use of asbestos. The Committee notes, inter alia, that the maximum exposure limit for all types of asbestos has now been lowered to the EU standard (see Directive 2003/18/CE regarding exposure of workers to the risks arising from asbestos) of 0.1 fibres per cubic centimetre of air measured as a time-weighted average over eight hours, and that any demolition activity and removal of asbestos can only be carried out by recognized entities qualified to carry out such work. The Committee requests the Government to continue to provide information on the practical application of these provisions of the Convention, including on progress made concerning the implementation of Legislative Decree No. 257 of 25 July 2006 concerning cessation of the use of asbestos.

3. Article 3. Preventive measures and record keeping. In response to its previous comments, including the observations made by the Italian General Confederation of Workers (CGIL), the Italian Confederation of Trade Unions (CISL) and the Union of Italian Workers (UIL) that relevant legislative provisions calling for the establishment of an appropriate system of records have not been effectively implemented in practice, the Committee welcomes the information that the Government has initiated work, inter alia, with the assistance of the Higher Institute for Occupational Safety and Health (ISPESL), for the realization of an information system capable of determining carcinogenic situations at work, as provided for in Section 71 of Legislative Decree No. 626/94 on job security (as amended). Against this background, the Committee requests the Government to continue to report on the application of this provision of the Convention, including on progress as regards the initiative to reform its system for keeping records.

4. Article 5. Alternative employment. With reference to its previous comments, the Committee notes that the Government’s report does not provide any additional information in this respect. The Committee therefore reiterates its request to the Government to provide additional information on the application in practice of this Article of the Convention.

5. Part IV of the report form and Article 6(c).  With reference to its previous comments, the Committee notes the updated information on exposure data and documented estimates of the number of exposed workers by country, carcinogen, and industry based on the carcinogen exposure (CAREX) database. The Committee notes that for the period 2000–03, the CAREX report submitted includes data on 85 CAREX agents reassessed, taking into account changes in exposure patterns and in numbers of employees by industrial class. According to this CAREX report, out of 21.8 million employees in Italy (broken down as 19.4 in industry and services, and 2.4 in agriculture), 4.2 million (or slightly less than 20 per cent of the workforce) were exposed to the agents included in the study. Prevalence of exposure was highest for environmental (passive) tobacco smoke (800,000 exposures); solar radiation (700,000); diesel engine exhaust (500,000); wood dust (280,000); silica (250,000); lead and inorganic lead compounds (230,000); benzene (180,000); hexavalent chromium compounds (160,000); glass wool (140,000); and PAHs (polycyclic aromatic hydrocarbons) (120,000). According to this updated study the ten most common exposures remain “the same as those already identified in CAREX”, with the “relevant exception of asbestos”. The Committee notes that former and current CAREX estimates indicate that asbestos exposure would have decreased with approximately 80 per cent from 352,691 exposures to 76,100. While noting this updated and informative study, the Committee again requests the Government to provide further and more recent information on the manner in which the Convention is applied in Italy, based on extracts from labour inspection reports and, if such statistics are available, the number of workers covered by the legislation, disaggregated by gender if possible, or other measures which give effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of the diseases, etc.

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

1. The Committee notes the information contained in the Government’s report including the observations submitted by the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Unions (CISL), and the Italian Union of Labour (UIL) attached thereto. The Committee draws the Government’s attention to the following points.

2. Article 1, paragraphs 1-3, of the Convention. Prohibited substances or substances subject to authorization. The Committee notes the information submitted by the Government as regards paragraph 1 of this Article that, while the relevant legislation referred to in its previous reports in other respects remains the same, Legislative Decree No. 25 was adopted on 2 February 2002, in application of Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemicals at work, entailing a repeal of Chapter II and Annexes I, II, III IV and VII of Legislative Decree No. 277 of 15 August 1991, Legislative Decree No. 77 of 25 January 1992 and items 1 to 44 and 47 of the table annexed to DPR No. 303 of 19 March 1956. The Committee notes the information that accordingly, four chemical agents have been added to the list of prohibited chemicals, but that this changed legislation does not affect the continued prohibition against the use of asbestos. With reference to paragraph 2 of this Article, the Committee notes the information that the prohibition against the use of chemical agents does not apply if an agent is present in the preparation, or any component of waste, provided that the individual concentration is less than the limit prescribed in relevant legislation, and with reference to paragraph 3, that the following activities may be performed subject to prior authorization: (a) activities for the exclusive purposes of scientific research and experiment, including analysis; (b) activities to eliminate chemical agents present in the form of by-products or waste; and (c) production of chemical agents for intermediate use.

3. Article 3. Preventive measures and record keeping. In response to its previous comments, the Committee notes with interest the Government’s detailed explanations of the preventive and protective measures prescribed in sections 62, 63 and 64 of Legislative Decree No. 626/94, as amended up to Decree No. 25/02, the further detailed information concerning the functions and competence of the Higher Institute for Occupational Safety and Health (ISPESL), the Information System for Recording Exposure and Pathologies in the Workplace (SIREP), and the establishment of a new cancer report database on the basis of notifications of tumours suspected to be of occupational origin suffered by National Health System patients. The Committee notes with interest the adoption of President of the Council of Ministers Decree No. 308 of December 2002, containing regulations to determine a model and method of keeping records of cases of asbestos-related mesothelioma as well as Minister of Labour and Social Policies Decree of 27 April 2004, the main purpose of which is to constitute a uniform source of information covering the whole national territory through management of the national archive of occupational diseases managed by the National Institute for Occupational Accident Insurance (INAIL). The Government reports that this system is expected to enable a monitoring of national patterns of occupational diseases. In this context, the Committee also notes that the Government’s report does not specifically address the observations made by the CGIL, CISL and UIL that, in their view, the provisions in section 72(11) of Decree No. 626/94, Title VIII concerning the establishment of an appropriate system of records have not been effectively implemented in practice. Against this background, the Committee requests the Government to provide more detailed information on the application in practice of relevant legislation giving effect to this provision of the Convention.

4. Article 5. Medical examinations. With reference to its previous comments, the Committee notes with interest the further explanations by the Government in response to its previous comments and concerns raised by the CGIL, the CISL and the UIL, that Legislative Decree No. 277/91, article 8 together with Legislative Decree No. 626/94, article 69, paragraph 3, provide that, in all cases where the worker, following a medical examination by a competent doctor, is unfit for a specific position, must be assigned to another equivalent position and where this is not possible, to a lower position (while retaining the same remuneration) and that pursuant to paragraph 3, article 8 of Decree No. 277/91, the maximum time period for a temporary withdrawal of workers is regulated by collective agreement. The Committee requests the Government to provide additional information on the application in practice of this Article of the Convention.

5. Part IV of the report form and Article 6(c). With reference to its previous comments, the Committee notes the information provided in the study “Estimate of the Number of Workers Exposed to Concern-Causing agents in Italy 1990-1993”, within the framework of the European Study CAREX (CARcinogen EXposure). The CAREX database, constructed with support from the Europe against Cancer programme of the European Union (EU), provides selected exposure data and documented estimates of the number of exposed workers by country, carcinogen, and industry. CAREX includes data on 139 agents evaluated by the International Agency for Research on Cancer. According to this study there were in Italy about 4.2 million workers, i.e. 24 per cent of the workforce exposed to the agents included in study, with some 5.5 million exposures and that the most common exposures were environmental tobacco smoke (770,000 exposed workers), solar radiation (550,000), diesel engine exhaust (550,000), asbestos (350,000, wood dust (300,000), crystalline silica (260,000), lead and inorganic compounds (220,000), benzene (180,000), hexavalent chromium and compounds (130,000), and PAHs (polycyclic aromatic hydrocarbons) (130,000). While noting this information, the Committee again requests the Government to provide further and more recent information on the manner in which the Convention is applied in Italy, including extracts from labour inspection reports and, if such statistics are available, the number of workers covered by the legislation, disaggregated by gender if possible, or other measures taken or envisaged which give effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of the disease, etc.

[The Government is asked to reply in detail to the present comments in 2007.]

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

The Committee notes the information provided by the Government in its report and the comments formulated by CONFINDUSTRIA. Further to its previous comments, it draws the Government’s attention to the following points.

1. Article 1, paragraphs 1 and 3, of the Convention. The Committee notes with interest the adoption of Legislative Decree No. 66 of 25 February 2000 amending Legislative Decree No. 626/94 by extending the Decree’s scope of application to mutagenic agents (article 3, paragraph 1(b)). In the same way, the Committee notes that Annex VIII of Legislative Decree No. 66/2000 modifies Annex VIII and VIIIbis of Legislative Decree No. 626/94 containing a list of substances, preparations and processes to which occupational exposure shall be prohibited or made subject to authorization or control. It further notes that, according to article 8 of Legislative Decree No. 66/2000, amending article 72, paragraph 1, of Legislative Decree No. 626/94, the National Toxicology Advisory Committee must determine periodically carcinogenic, mutagenic and toxic substances used in production which, although they are not listed in Legislative Decree No. 52 of 3 December 1997, fulfil the classification criteria contained therein. Moreover, pursuant to paragraph 2 of article 72 of Legislative Decree No. 626/94 as amended by Legislative Decree No. 66/2000, Annexes VIII and VIIIbis containing the lists of carcinogenic substances and agents have to be constantly updated by Decree of the Minister of Labour and Health in the light of technical progress, developments manifested in the European Community or international law and standards and following the advice of the Permanent Consultative Committee and the National Toxicology Advisory Committee. The Committee further notes article 6, in conjunction with article 1, of Legislative Decree No. 77 of 25 February 1992 providing for the interdiction to use and produce the carcinogenic substances and agents listed therein, if their concentration during or at the end of the processing would exceed 0.1 per cent by weight. However, according to its article 8, the Ministry of Labour and Social Policy together with the Ministers of Health and Industry, Trade and Crafts, following the opinion of the Advisory Committee on the Prevention of Occupational Accidents and Health may consent derogations from this interdiction for research and experimentation purposes including analysis. The application required for this purpose is to be submitted by the employer and must contain information on, inter alia, the process or its reaction, the number of workers assigned, the safety measures envisaged to avoid exposure of workers, copies of the documentation, etc. (article 9). Finally, the Committee notes again that article 37, paragraph 1, of Legislative Decree No. 277/91 concerning the protection of workers against risks derived from exposure to chemical or biological agents at work, prohibits the use of asbestos in spray applications.

The Committee, taking due note of this information, invites the Government to continue to provide information on any new agents or substances or processes which, because of their carcinogenic or mutagenic character, are prohibited or subject to authorization or control.

2. Article 3. The Committee notes that article 70, paragraphs 1 and 2, read together with article 69 and article 63 of Legislative Decree No. 626/94, as amended by article 6 of Legislative Decree No. 66/2000, provides for the registration of all workers exposed to carcinogenic agents by establishing for each of them a medical and a risk card indicating their activities performed, the carcinogenic or mutagenic agent used and, where known, the level of their exposure. The Committee further notes that pursuant to article 70, paragraph 4, in conjunction with paragraph 6, the worker’s medical and risk card has to be sent to the Higher Institute for Occupational Safety and Health (ISPESL), where they are kept for 40 years, either on termination of employment or on cessation of any activity involving exposure to carcinogenic or mutagenic agents. Moreover, according to paragraph 10, the ISPESL must transmit annually summary data on the contents of these registers to the Minister of Health and must keep them available to the regions. As concerns the models and methods of maintaining the medical and risk cards as well as the register, article 70, paragraph 9, entrusts the Minister of Health in consultation with the Minister of Civil Service and Labour and Social Policy and following the opinion of the Permanent Consultative Committee with the determination of these models and methods by way of decree. In this regard, the Committee notes the Government’s indication that the ISPESL has set up a system of recording called SIREP which, to the Committee’s understanding, is an information system for recording exposure and pathological factors found in the working environment in order to monitor the nature, frequency and intensity of exposure risks in the workplace. In this context, the Committee further notes that, according to article 71 of Legislative Decree No. 626/94, as amended by article 7 of Legislative Decree No. 66/2000, the ISPESL is entrusted with the carrying out of the monitoring of occupational cancer risks by using the information collected by pathology-recording systems in the regional territory and occupational data, including those registered data collected by the National Social Security Institute (INPS) and the National Insurance Institute for Industrial Accidents (INAIL) and other government agencies. The Government further indicates that epidemiological monitoring networks such as the system called National Mesothelioma Register (Re.Na.M) have been established. Moreover, a cancer report database was established on the basis of the list of notifications of cancers among National Health Service patients which were suspected to be of occupational origin. Nevertheless, it is planned to extend the already existing system by using other sources of information such as mortality records and hospital discharge cards. Taking due note of this information, the Committee requests the Government to explain more in detail the interrelation of the different systems and sources of information used for recording particularly data on the number of workers exposed to carcinogenic substances or agents and the number of occupational diseases resulting from exposure to such agents and substances, as provided for in Article 3 of the Convention.

3. Article 6. Referring to its previous comments, the Committee notes again the Government’s indication that still no data on the number of violations are available as supervision belongs to the responsibility of the local health authorities. The Committee, recalling the importance of the systematic and forceful supervision to secure the enforcement of the application of the provisions of the Convention in practice in the whole country, requests again the Government to provide information on the manner in which the practical application of this Convention is guaranteed.

4. Article 5. With regard to the medical examinations of workers during the period of employment and thereafter, the Committee notes again that Decree D.P.R. No. 303/1956 concerning the general rules of occupational health distinguishes between two cases of medical examination provided to workers exposed to carcinogenic substances or agents, the preventive medical examination prior to recruitment and the subsequent periodic medical examinations after assignment for workers exposed to toxic, infectious and harmful substances (article 33 of Decree D.P.R. No. 303/1956). As to the periodicity of medical examinations after assignment, articles 34 and 35 of the above Decree and their related tables specify the intervals for carrying out medical examinations which, according to article 35, must never exceed twice the period indicated in the tables. However, in cases where the risk can be considered as insignificant because of the rather seldom use of harmful substances, the local health office may exempt the employer from his duty to arrange medical examinations for the workers concerned, in accordance with article 34 of the above Decree. The Committee further notes that article 69 of Legislative Decree No. 626/94 provides for additional medical examinations of workers whose risk assessment, that is the identification of hazards present and the evaluation of the extent of the risk, has shown risks for their health. As to the measures to be taken in consequence, the employer, with the consenting opinion of the medical doctor, must adopt preventive and protective measures for the individual workers, which are based on the results of their clinical and biological examinations. In this regard, the Committee notes with concern that, following the procedure established under article 8 of Legislative Decree No. 277/1991, such measures may include dismissal of the worker concerned in the case that a transfer to another post where the worker concerned is not exposed to harmful substances or agents is not possible. The Committee recalls the difficult consequences that termination of employment can entail for the worker concerned and points to the necessity to take appropriate measures to protect the income of workers whose dismissal is grounded on health impairment in relation to the execution of their work. It therefore requests the Government to indicate the measures taken or envisaged in this respect.

5. With regard to the work activities involving sea and air transport, the Committee notes the Government’s indication that the Decree to be issued by the responsible minister, in consultation with the Minister of Labour, Health and Civil Service, in application of article 1, paragraph 2, of Legislative Decree No. 626/94 has not been adopted yet. However, with regard to maritime transport, the Government refers to Legislative Decree No. 271 of 27 July 1999, which was issued on the "adaptation of legislation on safety and health of maritime workers on board national commercial fishing vessels, in application of Law No. 485 of 31 December 1998". Since the Decree to be issued in application of article 1, paragraph 2, of Legislative Decree No. 626/94 intends to identify the particular requirements of this sector, the Committee asks the Government to indicate whether it is still planned to adopt a decree in this respect or whether Legislative Decree No. 271 of 27 July 1999 already responds to the requirements spelled out in Legislative Decree No. 626/94.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous comments, the Committee notes the information provided by the Government in its report as well as the comments by CONFINDUSTRIA.

1. The Committee notes Legislative Decree No. 626 of 19 December 1994, as amended by Legislative Decree No. 242 of 19 March 1996, and in particular Title II concerning protection against carcinogenic agents. The Committee notes that for the purposes of specifying the carcinogenic substances reference is made to substances and preparations assigned the reference 545 or 549 in EU Directive 67/584 and 89/379, as well as Annex 8 of Legislative Decree No. 626. The Committee notes that under section 72 the list of substances and agents is periodically revised by decree, according to technical progress, evolution of standards and international specifications, as well as knowledge on carcinogenic agents. Referring to Article 1, paragraphs 1 and 3, of the Convention, the Committee requests the Government to provide information on any new substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, taking into consideration the latest information in this regard.

2. The Committee notes as regards work activities involving sea and air transport to which it had referred previously that under section 1 of Legislative Decree No. 626/1994, as amended, the standards laid down are applied taking into consideration the specific requirements of these sectors by decree to be issued within six months after the publication of Legislative Decree No. 242/1996. The Committee requests the Government to provide a copy of the Decree when adopted.

3. The Committee notes the information provided by the Government in its report that, as concerns the number of workers exposed to carcinogenic agents and the number of occupational diseases resulting from exposure to such agents, technical work is under way on the drafting of a decree to establish within the Higher Institute of Occupational Safety a suitable scheme for registration pursuant to the provisions of Legislative Decree No. 626/94. Recalling that under Article 3 of the Convention an appropriate system of records shall be established, the Committee requests the Government to provide a copy of the Decree when adopted as well as information on the application in practice of the relevant provisions.

4. Further to its previous comments, the Committee notes the Government's indication that the labour inspectorate has no data on the number of infringements as supervision is the responsibility of the local authorities. The Committee requests the Government to provide information on the manner in which the application in practice of the provisions of the Convention is guaranteed.

5. Article 5. The Committee notes the opinion expressed by CONFINDUSTRIA that only anticipatory clinical diagnostic tests are available which by their very nature cannot contribute to the primary prevention of neoplasms and that recourse to medical examinations which are of no use, although costly, and are not a reliable guide to what may happen in the future, is something which only produces false alarms and heated dispute. The Committee would like to point out that medical supervision plays a fundamental part in protecting workers' health. It enables the effectiveness of the technical prevention measures to be checked by testing for biological signs of absorption of carcinogenic substances; furthermore, it ensures early detection of cancer. For epidemiological reasons, to keep a long-term check on the effect of preventive measures and to allow for early action in cases where cancer is detected, the Convention has also retained medical supervision after the period of employment.

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

The Committee has noted the information supplied in the Government's reports for the period ending 30 June 1989 and 30 June 1990, as well as the Government' latest report received in December 1991. In particular, the Committee notes with interest the adoption of Legislative Decree No. 277 of 15 August 1991 which gives effect to EEC Directives 80/1107, 82/605, 83/477, 86/188 and 88/642 concerning the protection of workers against hazards of exposure to chemical, physical and biological agents. The Committee has also taken note of the various comments and collective agreements provided with the Government's report from the ASAP and CONFCOMERCIO. The Government is requested to provide further information on the following points:

1. The Committee notes that Legislative Decree No. 277 sets forth the measures to be taken for workers exposed to chemical, physical and biological agents which are dangerous to the health and sets out specific measures to be taken with regard to lead and asbestos. In its report for the period ending 30 June 1989, the Government had indicated that a National Advisory Commission on Toxic Substances exists to periodically establish a list of carcinogenic substances used in industry. The Government is requested to provide a copy of the most recent list established by the National Advisory Commission and to indicate whether the substances contained therein are subject to Legislative Decree No. 277 as they would be considered to be chemical agents by virtue of the definition given in section 3 of the Decree.

Furthermore, the Committee recalls that Article 1, paragraph 3, of the Convention provides that ILO codes of practice and guides, as well as information from other competent bodies, should be taken into consideration when determining the carcinogenic substances to be prohibited or controlled. In this regard, the Committee would draw the Government's attention to the ILO guide entitled "Occupational Cancer: Prevention and Control" (second edition, 1988, published as Occupational Safety and Health Series No. 39). Appendix I of this guide sets forth an indicative list of carcinogenic substances and agents the use of which should be prohibited or controlled. The Committee requests the Government to keep it informed of any other carcinogenic substances or agents, determined by the competent authority, to which occupational exposure shall be prohibited or made subject to authorisation or control and to continue to indicate the manner in which consideration is given to the latest international information in this regard.

Finally, the Committee notes the reference in the Government's report under Convention No. 136 concerning Benzene to EEC Directive No. 90/394 concerning the protection of workers against hazards arising from exposure to carcinogens. It notes that the adoption of such regulations in Italy is to be effected by Legislative Decree. The Government is requested to indicate, in its next report, whether these regulatons have been adopted and to provide a copy of the relevant decree.

2. The Committee notes that section 2 of Legislative Decree No. 277 excludes work in shipping and air transport. The Committee notes that Article 6(b) provides that persons or bodies on whom the obligation of compliance with the provision with the Convention rests shall be specified. It would note, however, that, only under Article 1, paragraph 2, may exemptions be granted and only as concerns carcinogenic substances or agents which are prohibited. Furthermore, such exemptions are to be granted on a case-by-case basis and a certificate must be issued specifying the conditions to be met in each case. The Government is, therefore, requested to indicate the manner in which compliance with regard to the prohibition, authorisation or control of carcinogenic substances or agents in the workplace is ensured in the fields of shipping and air transport.

3. The Committee notes that no information has been provided concerning the practical application of the Convention as called for in point IV of the report form. The Committee, therefore, hopes that the Government will be able to provide information in its future reports concerning the number of workers covered by the relevant legislation, the number of violations detected by the inspection service, as well as the number of occupational diseases caused by the use of carcinogenic substances in the workplace.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee has noted that while the Government's report contained information on the activities of the European community concerning prevention against risks of exposure to carcinogenic substances and agents, it did not reply to the Committee's direct request of 1986 concerning the following matters:

In its first report, the Government had expressed its intention of drafting a legislative instrument, under Act No. 833/78 respecting the institution of the national health service, to be valid for all carcinogenic substances and agents and based on the model of the regulations on the prevention of risks due to the industrial use of aromatic amines set out in Ministry of Labour Circulars No. 46 of 12 June 1979 and No. 61 of 4 June 1981.

As the report of the Government for the period ending 30 June 1985 contained no information on any progress made in this connection, the Committee again expresses the hope that the above-mentioned legislative instrument will be adopted in due course and that it will ensure the application of the Convention to the other carcinogenic substances and agents determined by the competent authority, consideration being given to the information contained in the Codes of Practice published by the ILO (Article 1, paragraph 3, of the Convention).

The Committee also took note of the explanations given by the Government of the difficulties in collecting information on the practical application of the Convention - difficulties due to the fact that the local health units responsible for the work of labour inspection were autonomous territorial bodies outside the hierarchy of central state administration. The Committee nevertheless hopes that the Government will do everything possible to provide with its next report the information on practice called for at point IV of the report form adopted by the Governing Body, indicating, in particular, the carcinogenic substances and agents to which occupational exposure is expressly prohibited by the competent national authorities and the practical measures taken to give effect to Article 2, paragraph 1, of the Convention.

The Committee hopes that the Government will not fail to supply the above requested information in its next report. [The Government is asked to report in detail for the period ending 30 June 1990.]