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

Occupational Cancer Convention, 1974 (No. 139) - Slovakia (Ratification: 1993)

1. The Committee notes the information contained in the Government’s reports and the attached legislation.

2. Article 1, paragraphs 1-3, of the Convention. Determination of carcinogenic substances and agents. The Committee notes that section 13(s)(13) of the Human Health Protection Act (No. 272 of 1994), Annex No. 3 to the Regulations (No. 45 of 2002) on health protection at work with chemical factors and the list attached to Decree No. 67 of 2002, determine the carcinogenic substances and agents to which occupational exposure are prohibited or made subject to authorization or control. The Committee requests the Government to provide additional information on how effect is given to the requirement for a periodical determination of the substances and agents which should be subject to prohibition, authorization or control and whether any reference is made to the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as to information from other competent bodies.

3. Article 2, paragraph 1. Replacement of carcinogenic substances and agents. The Committee notes that section 13(t), paragraph 3 of Act No. 272/1994 on human health protection, which lays down the requirement of replacing chemical carcinogens as one of the principal measures which is mandatory, “as far as technically practicable”, employers shall be liable to limit uses of carcinogenic or mutagenic factors at workplace, in particular through replacing them by compounds, products or procedures which are not harmful or are less harmful for the health of the employees”. The Convention, for its part, requires that these be reduced to the “minimum compatible with safety”. As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating “technically practicable”, how these criteria conform to the required “minimum compatible with safety”, and the methods of evaluation.

4. Article 5. Post-employment medical examinations. The Committee notes that Annex 2 to Governmental Regulation No. 45/2002 on health protection at work with chemical factors provides for medical examinations for employees exposed to carcinogenic factors. It also notes that Order No. 2/1991 of the Ministry of Health for preventive examinations of workers carrying out works associated with high risk of occupational diseases, industrial poisoning or other health injury, provides for introductory, periodical and “employment termination” medical examinations. The Committee requests the Government to clarify whether this provision gives effect to the Convention which calls for medical examination or biological or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards.

5. Part IV of the report form. Application in practice and statistical information. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and information concerning 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 the contraventions reported, the number nature and cause of cases of disease, etc.