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

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

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2015, and the Government’s reply.

Article 1 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes the information in the Government’s report in reply to its previous comments on the manner in which carcinogenic substances and agents are periodically determined and updated. It notes in particular the Government’s indication that the periodic determination and updating of 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 apply, is undertaken on the basis of the Group 1 list issued by the International Agency for Research on Cancer (IARC). The Committee requests the Government to specify the provisions according to which the periodic updating of carcinogenic substances and agents shall take place, taking account of the IARC Group 1 list.

Article 2. Replacement of carcinogenic substances and agents. In its previous comments, the Committee asked the Government to indicate the measures taken with a view to the replacement of carcinogenic substances and agents. The Committee notes the Government’s indications that the replacement of carcinogenic substances and agents by less harmful substances or agents is dependent on the available technology required for each work process. Recalling the requirement established by this Article for every effort to be made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents, or by less harmful substances or agents, the Committee requests the Government to provide more information on the measures taken for this purpose, including legislative initiatives, tripartite discussions and studies.

Article 3. Protective measures. In its previous comments, the Committee asked the Government to indicate the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents. The Committee notes the Government’s indication that risks deriving from carcinogenic substances or agents to which occupational exposure shall be prohibited are determined by the competent authority on a case-by-case basis, for example through Ministry of Health Decisions Nos 845/2000 of 10 October 2000 and 823/2001 of 26 July 2001, which prohibit the production, importation, sale and use of amphibole asbestos and products containing it throughout the country, and also through the Occupational Safety and Health Act (No. 19.587 of 21 April 1972), which contains provisions relating to radiation. The Government also indicates that the measures taken are subject to inspection by the competent authority, in accordance with Decision No. 415/2002 of 21 October 2002 of the Occupational Risk Supervisory Authority (SRT) concerning the registration of carcinogenic substances and agents. The Committee notes that, according to the CGT RA, the measures taken by employers and prevention officers to keep the risk of occupational cancer under control are not completely in line with international standards. The Committee requests the Government to supply information on the measures taken to protect workers against the risks of exposure to carcinogenic substances or agents other than asbestos and radiation, and on the reference standards used for this purpose.

Article 4. Access to information for workers. The Committee notes that the CGT RA emphasizes the need for workers to be constantly trained and informed with regard to, inter alia, the risks to which they are exposed, the prevention and health measures to maintain, and conduct in cases of emergency. The Government refers to Legislative Decree No. 19.587/72 and its regulations. The Committee requests the Government to provide information on the manner in which it is ensured in practice that workers who may be exposed to carcinogenic substances or agents receive all available information on the hazards presented by those substances, and on the activities that have been undertaken to this end.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee requests the Government once again to take the necessary steps to ensure that medical examinations are carried out after the period of employment, as required by this Article of the Convention, and to provide information in this regard.