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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

The Committee notes with interest the information provided by the Government on effect given to Article 2(2) of the Convention by virtue of Regulation No. 430/2007 on prohibition of the use of asbestos, Regulation No. 325/2007 on the retail sale of tobacco, and Regulation No. 326/2007 on the limitation of tobacco smoking. The Committee requests the Government to provide copies of the legislation referred to including copies in English if available.

Article 6(c) of the Convention. Inspection. With reference to its previous comments, the Committee notes the Government’s response and quantitative information. The Committee also notes that the Administration of Occupational Health and Safety (AOHS) inspects workplaces on the basis of four hazard levels, with the top being in industries such as chemical and construction. The Committee further notes that, in 2006, the AOHS gave 5,091 notices whilst, more recently, in 2008, the AOHS gave 6,261 notices. The Committee requests the Government to provide information on the reason for the increase in the level of notices and to provide further information on measures taken or envisaged so as to address this aspect.

Part IV of the report form. Practical application of the Convention. The Committee notes the information provided by the Government in that, based on the information from the register, 29 cases of mesothelioma were diagnosed from 1959 to 1998, and 20 cases from 1999 to 2008. The Committee also notes the information that the Government has no information to establish whether those cases were due to occupational exposure to asbestos, yet the likelihood of causality is great. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice in the country, including available statistical information.

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

1. The Committee notes the Government’s report, including the addendum thereto containing information in response to its previous comments and the appended laws. It notes with interest that Regulations No. 98/2002 on the protection of workers from the risks related to exposure to carcinogens and mutagens at work have repealed and replaced Regulations No. 621/1995. It notes that the new regulations have a wider scope and apply to all activities where workers are exposed to, or run the risk of being exposed to, substances that may cause mutations. It also notes with interest that the new Tobacco Control Act No. 6/2002 entered into force on 31 January 2002. The Committee notes the indication of the Government in response to its previous comments that no special campaign on the registration and monitoring of the use of carcinogenic substances as was planned, has in fact taken place.

2. Article 2, paragraph 2, of the Convention. Reduction of exposure of workers to carcinogenic substances and agents. (a) Exposure to asbestos. The Committee notes with interest the indication of the Government that in March 2005, the Administration of Occupational Safety and Health Board had drafted regulations prohibiting the use of asbestos in workplaces. It notes that the draft regulations provide for exemptions from this rule only in the case of demolition of buildings, machines and other material that contain asbestos and that when an exemption is made on this ground, the prescribed maximum permissible concentration of asbestos fibres in the atmosphere in workplaces should not be exceeded. It also notes the indication of the Government that, under the draft regulations, exemptions are no longer permissible for the purpose of repair of buildings or machines. The Committee requests the Government to indicate whether the said regulations have been adopted and, if so, to transmit a copy of the said regulations, with a translation in English, if available. It also requests the Government to indicate the prescribed maximum permissible concentration of asbestos fibres in the atmosphere in workplaces when the aforesaid exemption is applicable.

(b) Exposure to tobacco smoke. The Committee notes with interest that the Tobacco Control Act No. 6/2002 requires a special permit from the board of health of the relevant region for the retail sale of tobacco, prohibits all kinds of advertising of tobacco and smoking accessories in the country and prohibits smoking in certain areas. The Committee requests the Government to indicate whether any regulations regarding the implementation of the Act have been issued pursuant to section 16 of the Act and, if so, to transmit a copy of the said regulations with a translation in English, if available. It also requests the Government to provide information on the practical application of the provisions of the Act.

3. Article 6, paragraph (c). Inspection. The Committee notes the explanation of the Government in response to its previous comments that inspectors decide on a case-by-case basis whether measurement of hazardous substances should be carried out. The Government has indicated that companies involved in the most hazardous type of activity are inspected on an annual basis and that inspectors may request a measurement of hazardous substances if the company is using any faulty or damaged equipment or if improper use, handling and storage of chemicals etc. is found during the inspection. In addition, in between routine inspections, if concerns were raised about the use of chemicals in a company, it would result in an inspection. In the light of the Government’s statement that companies involved in "the most hazardous type" of activity are inspected on an annual basis, the Committee requests the Government to indicate the nature of activities that are considered to be of "the most hazardous type". It also requests the Government to provide further information in respect of the nature of inspections carried out, the nature of contraventions generally found and the measures taken in this respect, and to provide extracts from relevant inspection reports.

4. Part IV of the report form. Practical application of the Convention. The Committee notes the indication of the Government in response to its previous comments that the 22 cases of mesothelioma diagnosed between 1965 and 2000 have not yet been investigated in depth so as to determine whether they are directly related to the occupational handling of asbestos. The Committee requests the Government to indicate whether any further cases of mesothelioma concerning workers who have been occupationally exposed to asbestos have been diagnosed since the year 2000. It also requests the Government to provide information in respect of the number of cases between the years 1965 and 2000 that were related to workers who were occupationally exposed to asbestos. The Committee also requests the Government to continue to provide information disaggregated by sex, if possible, on the practical application of the Convention in the country.

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

The Committee notes the Government’s report. With reference 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 Government’s indication that new Regulations on carcinogenic substances are in preparation which are intended to replace Regulations No. 621/1995 on the same subject. It therefore requests the Government to supply a copy of the new Regulations once they have been adopted.

2. Article 2, paragraph 1. The Committee notes the adoption of Regulations No. 379/1996 on asbestos, amending Regulations No. 75/1983 on asbestos, the adoption of Regulations No. 870/2000 on restriction on importation and use of asbestos, amending Regulations No. 74/1983 on the same subject, as well as the adoption of Regulations No. 154/1999 on occupational limit values for pollution and action to reduce pollution at work, amending Regulations No. 401/1989 on threshold limit values. It notes the Government’s explanations as to the objectives of each of the regulations and on the measures to be taken in consequence pursuant to these regulations. The aim of the two regulations on asbestos is to restrict the use of asbestos and to prevent pollution and damage to health resulting from its use. For this purpose, the Government indicates that Regulations No. 870/2000 on restriction on importation and use of asbestos contain a general rule that asbestos and products containing asbestos are not to be imported, manufactured, sold, used or handled. However, Regulations No. 154/1999 on occupational limit values for pollution and action to reduce pollution at work provide for exceptions that might be granted from this principle in certain cases by the Administration of Occupational Safety and Health, that is the maintenance or reparation of buildings, machines or other equipment necessary to preserve their value, however, under the condition that the use of other less harmful materials is not possible. The Government adds that exemptions granted for the use of asbestos are generally limited to cases in which it cannot be replaced "reasonably" by another substance. Moreover, the handling of asbestos is permitted in relation with demolition work of buildings or equipment upon approval of the Administration of Occupational Safety and Health after a workplan has been submitted to the latter. In this case, the above Regulations No. 154/1999, although they are not exclusively applicable to asbestos, prescribe measures to be taken to minimize the pollution generated by the handling of asbestos as well as the measurement and the handling of asbestos waste. The Committee, noting the Government’s indications, requests the Government to specify the way the term "reasonably" is legally defined and to indicate the criteria applied to this effect, i.e. to explain whether the feasibility to substitute asbestos represents the sole criterion or whether other factors such as economic considerations might represent a decisive momentum in this regard.

The Committee finally notes the Government’s indication that a new Anti-Smoking Act No. 95/2001 has been approved by Parliament, amending Anti-Smoking Act No. 74/1984. According to the Government, the innovations of this new Act consist in the inclusion of provisions providing for: the determination of the maximum level of harmful substances in tobacco and tobacco smoke; the interdiction of smoking in all premises to which the public has access and in which cultural and society functions are carried out, in particular tighter restrictions on the permission to smoke in restaurants; and the confirmation of the employer’s obligation to ensure that the worker’s right to work in a smoke-free environment is respected. The Committee accordingly requests the Government to supply a copy of the new Anti-Smoking Act for further examination once it is promulgated.

3. Article 3. In its previous comments, the Committee had noted the Government’s indication that a special campaign on the registration and monitoring of the use of carcinogenic substances was planned, since no register concerning the number of workers covered by the legislation was set up. Since the Government’s report does not contain any information in this respect, the Committee requests the Government to indicate whether this campaign has taken place in the meantime and, if that is the case, to provide information on its outcome.

4. Article 6(c) and Part IV of the report form. The Committee notes the Government’s indication that the Administration of Occupational Safety and Health inspects the workplaces on a routine basis. The Government further indicates that measurements of hazardous substances in the workplace are rarely conducted, i.e. only in cases where there are concrete grounds to suppose that regulations are not respected. The Committee accordingly requests the Government to specify the indicators conducting the inspectors to the conclusion that regulations are infringed and therefore the measurement of hazardous substances is to be carried out in the workplace. The Committee further notes that, according to the Iceland cancer registry, between the years 1965 and 2000, a total number of 22 men and seven women were diagnosed of being affected by the disease mesothelomina, of which ten cases have been reported since 1995. However, the interrelationship between the disease and the occupational exposure of these persons to asbestos is not known. The Committee, noting this information, requests the Government to indicate whether these cases are analysed in order to determine whether or not the above disease was induced by their exposure to asbestos in the course of their work. Moreover, it invites the Government to continue to supply information on the practical application of the Convention in the country.

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

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.

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

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.