Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information supplied in the Government's 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 the Government's indication that Regulations No. 74/1983 "Prohibiting the importation and use of asbestos" are still in force, but that these Regulations are currently under revision in order to bring it into conformity with EBE Directive No. 80/1107 on the "Protection of workers against asbestos-related hazards at workplaces".

The Committee notes the Government's indication that Regulations No. 401/1989 on "Pollution levels and measures to reduce pollution as regards asbestos" apply in cases where exemptions were granted from the prohibition of importation and use of asbestos set out in Regulations No. 74/1983, and that Regulations No. 401/1989 do not authorize automatically the use of asbestos even if the pollution is kept below the concentration limits. The Committee would draw the Government's attention to the existing contradiction between Regulations No. 74/1983 providing for prohibition of the importation and use of asbestos and the Regulations on "Threshold limit values" in conjunction with Regulations No. 401/1989 on "Pollution levels and measures to reduce pollution as regards asbestos" permitting the use of asbestos under certain conditions. The Committee requests the Government to indicate whether the revised draft of Regulations No. 74/1983 provide for permission of the use of asbestos under certain conditions in the light of the later adopted Regulations No. 401/1989 and Regulations on "Threshold limit values" being in effect since 1990. It also would ask the Government provide a copy of EBE Directive No. 80/1107 with which Regulations No. 74/1983 should be brought into line. It requests the Government to provide a copy of the adopted text of the revised Regulations No. 74/1983 and also a copy of Regulations No. 401/1989.

The Committee notes with satisfaction the Government's indication that it is assumed to determine carcinogenic substances in intervals of two to three years taking into account the reports of the International Agency for Research on Cancer (IARC).

Article 2, paragraph 1. The Committee notes that Regulations No. 621/1995 concerning work with carcinogenic substances, which also apply to substances listed in categories A and B of Regulations No. 401/1989, provide, in their article 5, for a reduction of the use of carcinogenic substances at workplaces by using other less harmful substances instead, according to the technical realistic feasibility. The Committee requests the Government to indicate the criteria according to which the technical realistic feasibility concerning the replacement of carcinogenic substances by less harmful substances is stated. It also requests the Government to supply information on the practical application of this provision.

Article 4. The Committee notes the Government's indication that a special campaign on the registration and monitoring of the use of carcinogenic substances is planned, since no register concerning the number of workers covered by the legislation is set up yet. The Committee requests the Government to provide information on every progress made in this respect.

Point III of the report form. The Committee notes the Government's indication that no judicial decisions on the application of the provisions of the Convention have been taken.

Point IV of the report form. The Committee notes with satisfaction the information provided by the Government according to which in practice only nine exemptions from the prohibition of importation and use of asbestos have been granted by the Occupational Safety and Health Administration since 1991. It also notes with satisfaction that no occupational diseases related to carcinogenic substances have been recorded in recent years.