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

Occupational Cancer Convention, 1974 (No. 139) - Sweden (Ratification: 1975)

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

2. Articles 1 and 6 of the Convention. Carcinogenic substances and agents and national legislation – synthetic inorganic fibres. The Committee notes with interest the extensive legislative revisions undertaken by the Government resulting in the adoption in 2005 of the Provisions of occupational exposure limit values and measures against air contaminants (AFS 2005:17), which prescribes occupational exposure limits value reductions for asbestos, toluene diisocyanate, cadmium compounds, chromium (VI) compounds, wood dust and certain synthetic inorganic fibres. It also notes the Government’s statement that through the adoption of revised Provisions on Synthetic Inorganic Fibres (AFS 2004:1), the occupational exposure limit values have been reduced for certain fibres judged to be carcinogenic in relation to those of certain other synthetic inorganic fibres, and that the former types of fibres can only be handled upon authorization of the competent authority, and require periodic exposure measurements and medical examinations to be carried out. The Committee understands that the revision concerning the handling of cytostatics and other pharmaceuticals with long-term toxic effect has been terminated and resulted in the adoption of Provisions on cytostatic and other drugs with enduring toxic effects (AFS 2005:5) and that the Provisions on thermosetting plastics (AFS 2005:28) has been issued. It further notes the adoption of the Provision on the protection of workers from risks related to exposure to biological agents at work (AFS 2005:1). In addition, the Committee notes the recent adoption of the Provisions on asbestos (AFS 2006:1) and, in this respect, refers to its comment in 2005 under the Asbestos Convention, 1986 (No. 162). In this context, the Committee also notes the information that the project “Exposure to synthetic inorganic fibres”, which preceded the adoption of the revised regulations, demonstrated that many undertaking were unaware that they were handling fibres or to be ignorant of which fibres they were handling. The Committee asks the Government to continue to provide information on legislative measures taken to give effect to the provisions of the Convention.

3. Articles 1 and 2, paragraph 1. Conditional permits. With reference to its previous comments in which the Committee requested the Government to provide information on the impact of the issuing of conditional permits, i.e. whether a practice of submitting the handling of carcinogens to prior authorization in fact would lead to their replacement as well as to the introduction of safer work processes. The Committee notes that the Government found it difficult to document the effect of the procedure for which conditional permits could be granted but that their general impression was one of widespread hesitance from employers side at the prospect of the inconvenience which the requirements of a permit entailed. The Committee requests the Government to provide it with any additional information in this respect, should any such information become available in the future.

4. Article 5. Medical examinations. The Committee understands that the Provisions on medical examinations in working life were adopted on 17 February 2005 (AFS 2005:6) provide that employers are obliged to provide medical examinations free of costs to the workers, in accordance with the Convention. It also notes that the revised Provisions on synthetic inorganic fibres referred to above require medical examinations for workers exposed to refractory ceramic fibres, special fibres and synthetic inorganic crystalline fibres. It notes in this respect the Government’s statement that medical examinations are to be carried out every third year and that spirometry is to be performed on each examination, but that lung X-rays need only be taken on every second occasion. However, with respect to the medical costs, the Committee notes that the Government indicates that these are to be covered by the employers for the duration of the employment relationship and that it is recommended that the employer continue to arrange medical examinations if this is medically justified after the termination of the employment relationship but that, if an employer fails to do so, the worker is to be referred to the County Council medical care. Against this background, the Committee feels obliged to reiterate that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate and that the latency period for cancer is notoriously long extending sometimes to 30 years or more. The Committee requests the Government to provide additional information in its next report on the manner in which it is ensured that the medical examinations free of costs to the workers are carried out after the period of employment is terminated, in accordance with Article 5 of the Convention.