Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Occupational Cancer Convention, 1974 (No. 139) - Iceland (Ratification: 1991)

The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide additional information on the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that periodic determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control is provided for under Act No. 46 of 1980, on working environment, health and safety in the workplace, and the Regulations on Threshold Limit Values and Methods for Reduction of Pollution in the Work Environment ("Regulations on Threshold Limit Values"), in force since 1 January 1990. These Regulations classify various carcinogens into Groups A, B and C. Substances in Group A can only be used upon issuance of an exemption by the Administration of Occupational Safety and Health (AOSH)(sections 4.2 and 4.3 of the Regulations). Substances in Group B can be used if the AOSH has deemed that sufficient precautions have been taken (section 4.4 of the Regulations). Substances in Group C can be used if concentrations are kept under the prescribed threshold limit values (section 4.6 of the Regulations). The Committee notes that asbestos is included in Group C, despite the existence of the Regulations (74/1983) prohibiting the importation and use of asbestos. The Committee requests the Government to clarify whether these Regulations concerning asbestos (74/1983) are still in force in light of the adoption of the Regulations on Threshold Limit Values, which permit the use of asbestos if concentrations are kept under specific limits.

The Committee also notes that the Government's report does not indicate whether the periodic determination of carcinogenic substances and agents to which occupational exposure is prohibited or controlled is carried out on the basis of the latest information available. The Committee therefore requests the Government to indicate the information upon which such periodic determination is based.

Article 2, paragraph 1, of the Convention. The Committee notes that sections 4.3 and 4.4 of the Regulations on Threshold Limit Values provide, respectively, that an exemption for permission granted to use materials and products under Groups A and B may be withdrawn if it is possible to use other less-dangerous materials or products. The Committee notes, however, that there seem to be no specific provisions to encourage or require employers to replace carcinogens under Groups A and B with non-carcinogenic or less-harmful substitute products. It therefore requests the Government to provide information on any efforts made to ensure that the carcinogens classified under Groups A and B are indeed replaced by such products.

Point III of the report form. The Committee requests the Government to provide in its next report the text of any judicial decisions concerning the application of the provisions of the Convention.

Point IV of the report form. The Committee requests the Government to provide in its next report general information on the way in which the Convention is applied in practice, including extracts from inspection reports, and any statistics available on the number of workers covered by the relevant legislation, the number and nature of infractions reported and the number and cause of cases of disease.