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

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

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No. 98/2002 on the protection of workers from the risks related to exposure to carcinogens and mutagens at work have repealed and replaced Regulations No. 621/1995.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.