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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 167 (safety and health in construction), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.
Application of Conventions Nos 13, 115, 119, 120, 139, 148, 167 and 184 in practice. Noting the absence of information in this regard, the Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number and causes of occupational accidents and cases of occupational diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed, disaggregating the information, where possible, by cases related to white lead, radiation, machinery, hygiene, occupational cancer, air pollution, noise and vibration, construction and agriculture.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s indication, in its report, that the National Center for Occupational Health and Safety (NCOHS) has been contacted, and a follow-up report will be prepared. The Committee recalls that the Government can avail itself of the technical assistance of the Office regarding the implementation of this Convention.
Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.
Article 3. National OSH policy. Further to its previous comments, the Committee notes that the 2022 national OSH policy and profile were developed with the support of the European Union and the ILO. In this regard, the Committee notes that the policy foresees its periodic review and update in consultation with the most representative employers’ and workers’ organizations, and that its basic principles include, among others, identifying, assessing and combating occupational hazards and risks, and developing a national preventive culture for OSH. The Committee requests the Government to provide information on the periodic review of the national OSH policy, as well as on the consultations held with the most representative employers’ and workers’ organizations in this respect.
Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. In addition, the Committee once again requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.
Article 4(1) and (2)(b). Authority responsible for OSH. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on any measures taken or envisaged to strengthen the capacity of the NCOHS, including in the context of the Decent Work Country Programme for Iraq.
Article 4(3)(a). National tripartite advisory body. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.
Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. Noting the absence of information in this respect, the Committee once again requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.
Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. Further to its previous comments, the Committee notes that the 2022 national OSH policy contains a section on expanding OSH coverage for SMEs. In this respect, the policy notes that SMEs suffer from a lack of OSH services and social protection, and that workers in these enterprises face several risks, such as exposure to chemical, physical, and biological hazards, and dangers like injuries, falls, burns, and electric shocks. The Committee requests the Government to provide specific information on the measures taken or envisaged to provide support mechanisms for the progressive improvement of OSH conditions in microenterprises, SMEs and the informal economy.
Article 5. National OSH programme. Noting the absence of information on this matter, the Committee once again requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. In addition, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of Convention No. 13. Statistical information with regard to lead poisoning among working painters. Further to its previous comments, the Committee takes note of the Government’s indication, in its report, that no cases of lead poisoning have been recorded from 2014 to 2017. The Committee notes once again that section 8 of the Instructions on Prevention of Lead Poisoning in Painting Work No. 2, 1970 calls for the notification and investigation of cases of lead poisoning and the development of statistical information in this regard. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all cases of occupational disease due to lead exposure among working painters are notified, and to provide statistical information on registered or declared cases in this regard.

Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 3 of Convention No. 115. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. Further to its previous comments, the Committee notes that section 4(2) of the Instructions No. 1 of 2010, Defining the Amounts of Exposure to Ionizing Radiation, sets out a limit of exposure of 50 mSv, within a period not exceeding seven days, for temporary evacuation purposes. With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee requests the Government to provide further information on the exposure limits in emergency situations and the possible exceptional circumstances.
Articles 6 and 7. Maximum permissible doses. 1. Pregnant or breastfeeding workers. The Committee observes that the Government did not provide information on the exposure limits for pregnant or breastfeeding workers and that no provisions have been found in the Instructions No. 1 of 2010 in this regard. The Committee recalls that methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (general observation of 2015, paragraph 33). The Committee requests the Government to provide information on the measures taken or envisaged to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.
2. Lens of the eyes. The Committee notes the Government’s indication that section 2 of the Instructions No. 1 of 2010 provides for an effective dose to the lens of the eye of 150 mSv in a year for any worker and 50 mSv for apprentices between 16 and 18 years of age that are training for employment involving exposure to radiation and for students aged 16 to 18 that are required to use sources in the course of their studies. The Committee recalls that, as indicated in paragraph 32 of its general observation of 2015, the current recommendation for dose limits for the lens of the eyes is 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year. The Committee thus requests the Government to provide information on the measures taken or envisaged to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.
Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. The Committee notes that the Government refers to the exposure limits for the public established in section 3 of the Instructions No. 1 of 2010, which are consistent with the limits set out in the 2015 General Observation. However, the Committee observes that section 3 of the above-mentioned Instructions does not foresee the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its , the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.
Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. Further to its previous comments, the Committee notes the Government’s indication that initial and period medical examinations are needed to grant licenses by the National Authority for Nuclear, Radiological, Chemical and Biological Regulation, which was established under Law No. 1 of 2024. The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals, including in cases of emergency.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of Convention No. 119. Prohibition of the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Responsibility for ensuring compliance. Further to its previous comments, the Committee notes that the Government once again refers to sections 114(2) and 118(1)(a) of the Labour Law No. 37 of 2015, which set out obligations to provide on-the-job protection for workers against occupational hazards and dangers posed by machinery, to conduct annual periodic inspections on steam boilers, pressure devices, elevators and lifting tools and accessories by the competent authorities authorized by the NCOHS, and to verify the safety of harmful machinery and equipment through reports that prove its safe operational suitability. In this regard, the Committee recalls that the above-mentioned provisions do not prohibit or prevent by other equally effective means the sale, hire or transfer in any other manner, and exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (i) the sale, hire and transfer of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures, in conformity with Article 2 of the Convention; and (ii) compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents, in conformity with Article 4 of the Convention.
Articles 6 and 7. Prohibition on the use of machinery without appropriate guards. Following its previous comments, the Committee notes that the Government refers to section 2 of the Occupational Safety and Health Requirements Instructions No. 12 of 2016, which establishes the obligation of employers to be committed to ensure the safety of harmful machinery and equipment in the enterprise by: (i) maintaining the safety of steam boilers, various pressure devices and their accessories, the safety of mechanical lifting equipment and their accessories and electric elevators; (ii) obtaining a certificate of annual periodic inspection of machinery and equipment from an examiner authorized by the Engineering Inspection Committee; (iii) training workers on how to operate machinery and equipment to ensure the prevention of accidents and labour injuries during the operation; and (iv) organizing the correct distribution of machinery and equipment and organizing the storage of raw and produced materials in the workplace in a manner that ensures that workers are not exposed to danger. While noting this information, the Committee requests the Government to clarify whether the annual periodic inspections conducted by an examiner authorized by the Engineering Inspection Committee, foreseen in the above-mentioned section 2(ii), can lead to prohibiting the use of such machinery.

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. Appropriate system of records. In its previous comments, the Committee noted the Government’s indication that a national record of cancers exists within the Ministry of Health and that employers are required to report annually any case of cancer diagnosed among their staff. In this regard, the Committee notes that the 2022 and 2023 Annual reports of the Cancer Registry do not contain any reference to occupational cancer. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the establishment of an appropriate system of records regarding workers exposed to carcinogenic substances or agents.
Article 5. Medical examinations after employment. Further to its previous comments, the Committee notes that the Government once again refers to section 3 of the Instructions No. 2 of 1984 on Chemical Carcinogens, which provides that workers dealing with carcinogenic materials shall undergo medical checkups. In this regard, the Committee recalls that this provision does not provide for medical examinations after the period of employment. In addition, in its previous comments, the Committee had taken note of sections 59 and 61 of the Law No. 39 of 1971, which provides for some medical examinations only in cases of work-related injuries. The Committee requests the Government to provide more specific information on how it is ensured that workers exposed to carcinogenic substances and agents are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Technical assistance. The Committee takes note of the Government’s indication that certain concepts of the Convention are unfamiliar. The Committee recalls that the Government can avail itself on the technical assistance of the Office in this regard.
Article 6(2) of Convention No. 148. Collaboration between two or more employers undertaking activities simultaneously at the workplace. Further to its previous comments, the Committee notes that section 5 of the 2022 national OSH policy concerns the adoption of an OSH policy at the institutional and establishment level, including the obligation of establishments operating simultaneously in the same workplace to cooperate with each other. While noting this information, the Committee requests the Government to provide information on how it is ensured, in practice, that when two or more employers undertake activities simultaneously in one workplace, they have the duty to collaborate in complying with the prescribed measures.
Article 8. Establishing exposure limits to air pollution. Opinion of technically competent persons. Revision of exposure limits. Further to its previous comments with regard to the exposure limits to air pollution, the Committee notes the Government’s reference to Instructions No. 3 of 2012 on National Emissions Determinants for Activities and Businesses. However, the Committee notes that, while Appendix I of the above-mentioned Instructions sets out maximum permissible limits for air pollutants emitted from stationary sources, it does not specifically establish exposure limits to air pollution in the working environment. In addition, the Committee notes that the Instructions No. 22 of 1987 concerning Occupational Safety and Health, referred to in previous comments regarding exposure limits to noise, have been repealed by virtue of section 8 of the Instructions No. 12 of 2016 on Occupational Health and Safety Requirements. In this regard, the Committee takes notes of the Government’s indication that the newly adopted Law No. 41 of 2015 on Noise Protection and Control set out exposure limits to noise. The Committee requests the Government to provide information on the specific provisions that establish criteria and exposure limits to air pollution in the working environment. In addition, the Committee once again requests the Government to indicate the manner in which the criteria and exposure limits to air pollution, noise and vibration are supplemented and revised regularly in the light of current national and international knowledge and data, and on how the opinion of technically competent persons are taken into account in this regard.
Article 9. Technical and organizational measures to prevent exposure to air pollution and noise. Further to its previous comments, the Committee notes the Government’s indication that all engineering measures shall be taken to control vibrations at their source, according to Instructions No. 4 of 1993 Respecting Occupational Health and the Protection of Workers against Vibrations. Noting the absence of information with regard to air pollution and noise, the Committee requests once again the Government to provide further information on the manner in which it ensures that new or existing plants are kept free from any hazards due to air pollution and noise through the application of technical measures or by supplementary organizational measures, in conformity with Article 9 of the Convention.
Article 11(3) and (4). Provision of alternative employment. In its previous comments, the Committee noted the Government’s indication that suitable alternative employment is provided pursuant to a decision of the Medical Committee of the NCOHS. In addition, the Government indicates that, according to paragraph 2(IV) of the Decision No. 552 of 1981 on the conversion of the Directorate of Occupational Health and Safety into the NCOHS, the nature of risks and occupational safety of each occupation shall be determined in accordance with scientific formulations, and guidance shall be given on the use of the best devices and means for preventing occupational risks so as to reduce work accidents, injuries and occupational diseases. The Committee takes note of this information, which addresses its previous request.
Article 12. Notification to competent authorities. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority and the competent authority, as appropriate, may authorize the use on prescribed conditions or prohibit it.
Article 15. Appointment by employers of a competent person or use of a competent service. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the appointment of a competent person, or the use of a competent outside service or a service common to several undertakings, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 10 of Convention No. 120. Maintaining a comfortable and steady temperature in all premises used by workers. Following its previous comments, the Committee notes the Government’s indication that measurements are taken with devices during inspection visits and recommendations are made accordingly. While noting this information, the Committee requests the Government to indicate any legislative provisions that provide that a comfortable and steady temperature as circumstances permit shall be maintained in all premises used by workers.
Article 14. Provision of suitable seats in offices and other workplaces. Further to its previous comments, the Committee notes that section 3(viii) of the OSH Requirements Instructions No. 12 of 2016 establishes that suitable rest and dining areas for workers, including seating, shall be provided. The Committee recalls that Article 14 of the Convention requires the provision of sufficient and suitable seats in all premises used by workers, not only in premises used for resting. The Committee once again requests the Government to provide information on the measures taken to ensure that sufficient and suitable seats shall be supplied for workers in all premises.
Article 16. Underground and windowless working premises. Noting the absence of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that underground or windowless premises in which work is normally performed comply with appropriate standards of hygiene.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government on Articles 4 (methods to ensure application in practice), 6 (cooperation between employers and workers), 10 (worker’s right and duty to participate in ensuring safe working conditions), 28 (exposure to hazardous substances), 30(2) (use of protective equipment) and 34 (reporting of accidents and diseases) of the Convention, which responds to its previous request.
Legislation. Further to its previous comments, the Committee notes that the Government refers, in its report, to Labour Law No. 37 of 2015 and the OSH Requirements Instructions No. 12 of 2016 with regard to the application of this Convention. Noting the absence of information regarding the adoption of the draft Instructions on OSH for the construction sector and public works referred to in its previous comments, the Committee requests the Government to provide information on the legislative developments in this regard.
Article 2 of Convention No. 167. Definitions. Noting the absence of information in this regard, the Committee requests the Government to indicate the legislative provisions defining the terms provided for in Article 2 of the Convention.
Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes the Government’s indication that the assessment of safety and health hazards on construction sites is carried out on the basis of Instructions No. 12 of 2016 on OSH Requirements and the General Safety Code for Construction Projects No. 306 of 2015. While noting this information, the Committee requests the Government to provide information on the measures taken or envisaged to have due regard to the relevant standards adopted by recognized international organizations in the field of standardization.
Article 8. Two or more employers undertaking activities simultaneously at one workplace. Further to its previous comments, the Committee notes the Government’s indication that responsibility is shared and compliance with health and safety measures on the construction site is ensured by the senior official. In the event of their absence from site, a deputy or team of competent persons enjoying the necessary powers shall be appointed to act on their behalf. It further indicates that, when various activities are carried out at one site, enforcement of the prescribed health and safety measures is coordinated by means of frequent site inspection visits and monitoring of employer compliance with health and safety rules. While noting this information and referring to its comments above under Article 6(2) of Convention No. 148, the Committee requests the Government to indicate the legislative or regulatory provisions giving effect to Article 8 of the Convention.
Article 12. Right to removal. Following its previous comments, the Committee takes note of the Government’s reference to section 119(f) of Labour Law No. 37, which provides that workers should stay away from the work site in case of a real danger. It also refers to section 118(1) of the above-mentioned Law, which establishes measures that shall be taken by the employer to ensure the protection of workers against occupational hazards and other dangers, and to section 120(1), which sets out the obligation of the employer to ensure the OSH of workers in all aspects relates to their work. The Committee requests the Government to indicate whether section 119(f) of Labour Law No. 37 of 2015 also applies when a worker has good reason to believe that there is an imminent and serious danger to their safety or health, as provided for in Article 12 of the Convention. It also requests the Government to indicate the provisions of national legislation providing for the duty of workers to inform their supervisor immediately.
Article 18(1) and (2). Work at heights and roof work. Further to its previous comments, the Committee notes the Government’s reference to the Scaffolding Code No. 308 of 2013 and the General Safety Code for Construction Projects. In this regard, the Committee takes note of: (i) section 3-1/5/1/7 and appendix C(6) of the Scaffolding Code, which provide that workers in swing platforms shall wear a fall protection belt and be securely attached to a secure anchorage point to prevent accidents or injuries, and that all safety measures must be in place to avoid any secondary hazard that may result from the worker’s use of the scaffold; and (ii) section 6-9/1 of the above-mentioned General Safety Code for Construction Projects, according to which safety belts shall be worn when working at high levels not equipped with guardrails, or when working on a suspended scaffold, and belts shall be secured to a structural element of a separate fixed object. The Committee requests the Government to provide further information on the measures taken or envisaged, including indicating any other legislative or regulatory provisions, to ensure that preventive measures are taken: (i) against the fall of workers and tools or other objects or materials, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations; and (ii) against workers’ inadvertently stepping on or falling through the fragile material, where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, in conformity with Article 18 of the Convention.
Article 19. Adequate precautions in excavations, shafts, earthworks, underground works and tunnels. Further to its previous comments, the Committee notes the Government’s reference to the Scaffolding Code and the General Safety Code for Construction Projects. In particular, the Committee takes note of section 5–3 of the General Safety Code for Construction Projects, which provides for protective measures when using excavation equipment. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that adequate protections are taken in any excavation, shaft, earthworks, underground works or tunnel, in accordance with Article 19, subparagraphs (a)–(e), of the Convention.
Article 24. Demolition. Following its previous comments, the Committee notes the Government’s indication that this issue is covered by the General Safety Code for Construction Projects and the draft guidelines for the demolition and removal of buildings at risk of collapse. In this regard, the Committee notes that sections 4-5/4/2 and 4-5/4/3 of the above-mentioned Code set out measures to be taken in cases of non-electrical demolition and electrical demolition, respectively. The Committee requests the Government to provide further information on the measures taken or envisaged, including of a legislative or regulatory nature, to ensure that, when the demolition of any building or structure might present danger to workers or to the public: (a) appropriate precautions, methods and procedures are adopted, including those for the disposal of waste or residues; and (b) the work is planned and undertaken only under the supervision of a competent person, in accordance with Article 24 of the Convention.
Article 26. Competent persons handling the construction, installation and maintenance of electrical equipment and installations. Guards and protection against electrical cables. Following its previous comments, the Committee notes the Government’s reference to section 3(xvii) of the OSH Requirements Instructions No. 12 of 2016, which sets out the employer’s obligation to protect workers from electrical hazards and ensure the provision of proper equipment and facilities as appropriate to each enterprise; store hazardous equipment separately in a secure room or keep it behind proper barriers and forbid any unauthorized persons from approaching it. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all electrical equipment and installations shall be constructed, installed and maintained by a competent person.
Article 27. Explosives. Noting the lack of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that explosives are not stored, transported, handled or used except under conditions prescribed by national laws or regulations and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the Government’s first report.
Article 4(1) of Convention No. 184. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes the Government’s reference to the ILO 2023 Policy Brief on Social Dialogue and Decent Work in the Agricultural Sector in Iraq, according to which the 2022 National OSH Policy is generic and does not focus exclusively on agriculture. It also notes that the Office held a workshop on the development of national policies for OSH and social security for the agricultural sector in the country with the participation and consultation of social partners, and that it is in the process of appointing a national and regional expert to draft the national OSH policy in the agricultural sector. The Committee requests the Government to provide information on the progress made towards the adoption of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. It further requests the Government to provide information on the measures taken or envisaged to implement and periodically review such policy, once adopted.
Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies. The Committee notes that, according to the above-mentioned policy brief, cross-sectoral coordination mechanisms between the competent bodies, authorities and organizations in the agricultural sector are lacking, and their respective OSH responsibilities are not defined. However, it also notes that focal points for the NCOHS have been established in a number of ministries, including in the Ministry of Agriculture and the Ministry of Water Resources. The Committee requests the Government to provide information on the manner in which inter-sectoral coordination among relevant authorities and bodies for the agricultural sector is ensured, and how their functions and responsibilities are defined.
Article 5. Adequate system of inspection. The Committee notes that, in the above-mentioned policy brief, it is indicated that: (i) the poor enforcement of labour regulations remains an issue especially in the agricultural sector, probably due to a lack of sufficient human resources in the labour inspectorates and the lack of necessary logistic support to access agricultural holdings, which are often in geographically dispersed rural areas; and (ii) there is no system for the planning and programming of labour inspection matters in agriculture, as well as no reporting mechanisms. In addition, the Committee takes note of the Government’s indication that the provisions of Article 5(2) of the Convention shall be implemented by forming specialized technical committees. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means. It also requests the Government to provide further information on the establishment of technical committees in the agricultural sector.
Article 6(2). Cooperation between two or more employers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they cooperate in applying the safety and health requirements. It further requests the Government to provide information on the prescribed general procedures for this collaboration, if any.
Article 7(a). Duty of employers to carry out appropriate risk assessments and adopt preventive and protective measures. The Committee notes that the above-mentioned policy brief points to poor mechanisms for the identification, analysis, and management of occupational risks in the agricultural sector, including inter alia risks associated with the use of chemical fertilizers and pesticides, and biological risks. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer carries out appropriate risk assessments in relation to the safety and health of workers and, on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe and comply with prescribed safety and health standards.
Article 7(c). Duty of employers in situations of imminent and serious danger to safety and health. The Committee takes note of section 118(1) of the Labour Law No. 37, according to which the employer shall take the necessary measures to ensure on-the-job protection of workers against occupational hazards and against dangers posed by the work and by machinery, which are harmful to their health. It also notes section 110(2)(d) of the above-mentioned law, which sets out the employer’s obligation to provide emergency rescue and first aid requirements. While noting this information, the Committee requests the Government to indicate how it is ensured that the employer takes immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate.
Article 8(1)(b) and (3). Workers’ right to participate in the application and review of OSH measures and in the selection of OSH representatives. The Committee notes that the Government refers to section 7(i) of the Instructions No. 12 of 2016, which provides that the employer shall select the occupational safety and health officer from among the workers at the enterprise. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers have the right to select safety and health representatives and representatives in OSH committees. In addition, noting the lack of information regarding workers’ right to participate in the application and review of OSH measures, the Committee requests the Government to provide information in this regard.
Article 8(1)(c) and (3). Right of removal. The Committee notes the Government’s reference to section 119(f) of the Labour Law No. 37, which provides that workers should stay away from the worksite in case of a real danger. Referring to its comments above under Convention No. 167, the Committee requests the Government to indicate whether section 119(f) of Labour Law No. 37 of 2015 also covers situations where a worker has a reasonable justification to believe there is an imminent and serious risk to their safety and health, as provided for in Article 8(1)(c) of the Convention.
Article 8(3) and (4). Prior consultations with representative organizations of employers and workers concerned. The Committee notes that, according to section 116 of the Labour Law No. 37, the minimum OSH requirements, which shall be provided by employers, are issued by the Minister after consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on how prior consultations with representative organizations of employers and workers concerned are ensured with regard to the implementation of workers’ and their representatives’ rights enshrined in Article 8(1) and (2) of the Convention.
Article 9(2). Responsibility of manufacturers, importers and suppliers to comply with machinery safety standards and to provide information. Referring to its comments above under Convention No. 119, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that manufacturers, importers and suppliers comply with the standards referred to in Article 9(1) of the Convention and provide adequate and appropriate information, including hazard warning signs, in the official language or languages of the user country, to the users and, on request, to the competent authority.
Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee notes that, while the Government refers to Law No. 46 of 2012 Regulating the Circulation of Agricultural Materials regarding the implementation of Article 10 of the Convention, this law does not contain provisions on agricultural machinery. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that agricultural machinery and equipment are not used for human transportation, unless designed or adapted so as to carry persons.
Article 11. Establishment of safety and health requirements for the handling and transport of materials. Prohibition on manual handling or transport of load which is likely to jeopardize safety or health. The Committee notes the Government’s reference to: (i) Law No. 46 2012 on Regulating the Circulation of Agricultural Materials, which contains certain provisions on the storage, trade and import of agricultural materials; (ii) section 2 and 19 of the Instructions No. 4 of 1989 on Safety in Storing and Handling Chemical Materials; and (iii) paragraph 13 of Instructions No. 2 of 1990 on the Production, Handling and Storing of Insecticides. The Committee also takes note of section 3(xvi) and (xix) of the Instructions No. 12 of 2016, which provides for OSH requirements in the handling of explosive and hazardous materials. While noting this information, the Committee requests the Government to provide further information on the measures taken or envisaged to: (i) establish safety and health requirements for the handling and transport of materials, particularly on manual handling; and (ii) to ensure that such requirements are based on risk assessment, technical standards and medical opinion, taking account of all the relevant conditions under which the work is performed, in accordance with Article 11(1) of the Convention. It further requests the Government to indicate how it is ensured that workers are not required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health, in accordance with Article 11(2) of the Convention.
Article 12(b). Sound management of chemicals. Duty to comply with standards and to provide information. The Committee notes the Government’s reference to Instructions No. 2 of 2015 Concerning Registration and Approval of Pesticides, which establish the obligations related to the registration of pesticides with the National Committee for Registration and Accreditation of Pesticides at the Ministry of Agriculture. In addition, the Committee notes that Instructions No. 8 of 1986 regarding the production and import of chemical materials and products used for medical, industrial and agricultural purposes, as well as dyes, cosmetics, pest control and other pesticides, set out obligations regarding the provision of information to the competent authority before trading. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with national or other recognized safety and health standards, and provide adequate and appropriate information to the users in the appropriate official language or languages of the country and, on request, to the competent authority.
Article 12(c). Suitable system for collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment. It also requests the Government to indicate the relevant legislative or regulatory provisions in this regard, if any.
Article 13(2)(d). Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking also cover the disposal of empty containers and the treatment and disposal of chemical waste and obsolete chemicals. It also requests the Government to indicate the relevant legislative or regulatory provisions in this regard, if any.
Article 14. Handling of biological agents and activities involving animals, livestock and stabling areas. The Committee notes that, while the Government refers to the Biological Risk Management Handbook issued by the National Committee for Biohazard Management, this Handbook only applies to workers who work in biological laboratories and who actively handle or manage biological agents and toxins, as well as other valuable laboratory materials. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled; and (ii) activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.
Article 15. Construction, maintenance and repairing of agricultural installations. The Committee takes note of the Government’s indication that Article 15 of the Convention is implemented in accordance with the specific ownership of the agricultural equipment. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations is in conformity with national laws, regulations and safety and health requirements, and to indicate the relevant legislative or regulatory provisions in this regard.
Article 16. Young workers and hazardous work. The Committee notes the Government’s reference to: (i) section 7 of the Labour Law No. 37, according to which the minimum age of employment is 15; and (ii) section 95 of the above-mentioned law, which provides that minors shall not be employed in activities whose nature or work conditions may harm their health, safety or morality, including inter alia working with dangerous machines, equipment, or tools requiring a manual intervention or lifting of heavy loads, working in an unhealthy environment exposing the minors to hazards or to unusual temperatures, noise or to movements harmful to their health, and working in difficult conditions for long hours. It also notes that the Ministry shall, in consultation with the relevant workers’ and employers' organizations, periodically review, whenever is required, the lists of such types of work (section 95(2)). Referring to its comments under the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the measures taken or envisaged to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), as well as on the determination of the types of employment or work in agriculture considered as hazardous, after consultation with the representative organizations of employers and workers concerned (Article 16(2)).
Article 17. Temporary and seasonal workers. The Committee takes note of the Government’s reference to section 3(1) of the Labour Law No. 37, according to which the provisions of the above-mentioned law shall apply to all workers and the like. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture.
Article 18. Pregnancy, breastfeeding and reproductive health. The Committee notes the Government’s reference to section 87 of the Labour Law No. 37, which prohibits forcing pregnant or nursing women to perform an activity deemed by the competent health authority harmful to the mother or the child, or if the existence of a major hazard on the mother or child’s health is evidenced by the medical exam. In addition, it provides that women may not be recruited to perform arduous or harmful works (section 85(2)). While noting this information, the Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 139 (occupational cancer) together.

Protection against specific risks

Protection of workers against ionizing radiations (Convention No. 115)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.
Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Exemption. In its previous comments, the Committee requested the Government to confirm that Internal Regulations No. 1 (2006) concerning the Control of the Use of Radioactive Sources in Iraq (2006 Regulations) issued by the Radioactive Source Regulatory Authority apply to all uses of radiation in the country and to provide information on exemptions granted under sections 4(4) and 5 of these Regulations. In this regard, the Committee notes the Government’s statement in its report that the 2006 Regulations are applicable to all known radiation uses and practices involving radioactive sources. It also notes the Government’s indication that, pursuant to section 5(2) of the 2006 Regulations, when as a result of a radiation practice the radiation exposure of the public does not exceed 10 mSv per year, the relevant body is exempted from the Authority’s licensing requirements, including the preparation of a local emergency plan. However, it is subject to other measures such as inspections, licence extension and end-of-life disposal of the source. The Committee notes that such an exemption is in line with the standards contained in the publication Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (General Safety Requirements Part 3), issued in July 2014 by the International Atomic Energy Agency. It takes note of this information.
Articles 2 and 3. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. In its previous comments, the Committee requested the Government to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined. The Committee notes that the Government has not replied to its request.
In this regard, the Committee would like to draw the Government’s attention to paragraphs 17–23 and 36–37 of its 2015 general observation, where it indicates that individual exposure in emergency situations should be optimized, with appropriate boundaries of reference levels. Such reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures are to be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv, except in certain specific and exceptional situations (described in paragraph 37 of the general observation). Response organizations (as defined in note No. 19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who undertake actions in exceptional circumstances in which the doses received might exceed 50 mSv do so voluntarily, have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety and that they are, to the extent possible, trained in the actions they may be required to take. In light of the indications contained in the abovementioned paragraphs of its 2015 general observation, and acknowledging the difficult situation in the country, the Committee requests the Government to provide information on the boundaries of reference levels for the exposure of workers in emergency situations, as well as the exceptional circumstances and the conditions in which emergency workers might be subject to an exposure in excess of 50 mSv.
Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. In its previous comments, as regards the application of Article 12, the Committee requested the Government to supply a copy of relevant instructions in relation to the type and nature of the medical examinations required before the employment and then periodically. The Committee takes note of the preliminary and periodical medical examination forms provided by the Radiation Prevention Centre at the Ministry of the Environment, enclosed with the Government’s report, which give information in this respect. Concerning the application of Article 13(a), it notes however that the Government did not provide the information requested in relation to medical examinations in cases of emergency. The Committee requests the Government to specify the measures taken to ensure that workers undergo promptly an appropriate medical examination in certain circumstances, because of the nature and/or degree of the exposure to ionising radiations, and to give details about these circumstances.

Prevention and control of occupational hazards caused by carcinogenic substances and agents (Convention No. 139)

Article 3 of the Convention. Appropriate system of registers. In its previous comments, the Committee requested the Government to provide information on progress made in the establishment of an appropriate system of records, in respect of workers exposed to carcinogenic substances. The Committee notes the Government’s indication in its report that a national record of cancers exists within the Ministry of Health. The Committee also notes the attached form adopted by the Ministry of Health for cancer records, which includes personal information, information on the occupation, on the disease and on the treatments. The Government indicates that this information is included among the main data recorded when persons suffering from cancer are admitted to government hospital. It adds that all factories, plants and employers are required to report on an annual basis any case of cancer diagnosed among the staff of the establishment concerned. The Committee requests the Government to provide further details about the functioning in practice of the national record of cancer within the Ministry of Health, including the implementation of the obligation for employers to report cases of cancer and to provide also any legal text concerning this obligation.
Article 5. Provision of medical examinations. Application in practice. The Committee previously noted the information provided by the Government concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. It notes that under section 59 of the Social Security and Retirement Act, No. 39 of 1971, provided by the Government with its report, the company or the injured worker may ask for medical re-examination once every six months during the first year from the date on which the disability is confirmed and once annually thereafter. The Committee also notes that section 61 of this Act provides that employers shall be responsible, in case an occupational disease is detected within one year from the termination of employment, and on the condition that the worker has worked in an industry unrelated to the respective occupational disease. The Committee requests the Government to provide statistical information on occupational diseases detected within one year from the termination of employment.
Application in practice. The Committee notes the Government’s indication that the requested statistical data concerning the number of workers covered and the number of diseases will be provided in a subsequent report as soon as they are available. The Committee requests the Government to provide information in this regard, including the number and nature of the contraventions reported, and the number, nature and cause of cases of diseases.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government in its report refers to a strategic plan including the setting up of a medical centre for occupational diseases, and the report does not otherwise contain any new legislative information on the matters raised since 1997 concerning the application of the Convention. The Committee expresses the firm hope that relevant implementing legislation will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following comments of the Committee.
Article 3 of the Convention. Appropriate system of registers. As stated in its previous comments the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. The Committee reiterates that, in its 1993 report, the Government referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (second (revised) edition), 1988, concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data “to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose–response relationship and the effectiveness of preventive action”. The Committee expresses the firm hope that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate in its next report the progress made in this regard.
Article 5. Provision of medical examinations. The Committee notes the information provided in the Government’s report that section 56 of the Social Security and Retirement Act, Mp- 39 of 1991 reportedly ensures that workers shall be provided with a medical examination one year after the termination of their employment. The Committee requests the Government to submit a copy of the referenced legislation and to provide further details regarding the application of this provision in practice.
Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention and, in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that the Ministry of Health is responsible for producing the relevant statistics which also are published in an annual report. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1997 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988, concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data “to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action”. The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

Article 5. The Committee notes the information provided in the Government’s report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention and, in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the brief information supplied by the Government in its report does not reply to the questions raised in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request.

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the brief information supplied by the Government in its report does not reply to the questions raised in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer.  The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the brief information supplied by the Government in its report does not reply to the questions raised in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in reply to its previous direct request. The Government is requested to provide further clarification on the following points:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its latest report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record, not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with this Article of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its latest report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in reply to its previous direct request. The Government is requested to provide further clarification on the following points:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its latest report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record, not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with this Article of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its latest report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in reply to its previous direct request.

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes with interest the Government's indication that the competent service for occupational safety and health has requested the relevant international bodies to provide the most recent information concerning occupational cancer and carcinogenic substances with a view towards including these in the list contained in Instruction No. 2 of 1984 concerning protection from carcinogenic substances. In this regard, the Committee would also draw the Government's attention once again to the Asbestos Convention, 1986 (No. 162), which calls for the prohibition of the use of crocidolite and spraying of all types of asbestos. It requests the Government to continue supplying information on any progress made in updating the list of carcinogenic substances, the use of which is prohibited or made subject to authorisation or control.

Article 3. In its comments for a number of years now, the Committee has requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. The Government has still supplied no information in this regard. The Committee would refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 which provides useful information concerning the establishment of registers. It notes, in particular, that such registers are intended to record "the names of exposed persons, the results of technical monitoring, special medical examinations and laboratory tests performed" on workers exposed to carcinogenic substances so that "the competent authority and selected scientific workers (may) keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure the establishment of an appropriate system of records, in accordance with Article 3 of the Convention.

Article 5. The Committee notes the information provided in the Government's report that section 5, paragraph 22, of Instructions No. 22 of 1987 provide that the worker shall undergo a medical examination before employment and shall benefit from periodic and special examinations according to instructions established by the doctor or the medical service of the establishment. The Committee would recall, however, that this Article of the Convention provides that workers shall be provided with medical examinations or biological or other tests or investigations, not only during the period of employment, but also after the period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards to which they were exposed. The Committee hopes that the Government will take the necessary measures to ensure that workers who have been exposed to carcinogenic substances benefit from medical examinations or other tests even after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information supplied by the Government in reply to its previous direct request concerning the application of Articles 4 and 6 of the Convention. It requests the Government in its next report to supply information with respect to the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that no new substance has been added to the list of carcinogenic substances contained in Instruction No. 2 of 1984 concerning protection from carcinogenic substances. It requests the Government to keep it informed of any measures taken to review this list periodically and to prohibit the use of or make subject to authorisation determined carcinogenic substances and agents, in the light of the latest available information contained in the guides established by the ILO and any other competent bodies. In this connection, it would draw the Government's attention to the Asbestos Convention, 1986 (No. 162), which provides for the prohibition of the use of crocidolite and spraying of all types of asbestos.

Article 3. Please indicate if an appropriate system of records in respect of exposed workers has been established, as no reply was given to this point.

Article 5. In its report received in April 1987, the Government states that Instruction No. 2 of 1984 does not provide for medical examinations after employment. In its last report, it refers to Chapter V of Instruction No. 3 of 1985 concerning occupational safety. The Committee notes that section I, 22, of this chapter provides for preliminary, periodic and special medical examinations of workers concerned. Please indicate the measures taken or envisaged to ensure that workers who have been exposed to carcinogenic substances continue to benefit from medical examination after their employment, in accordance with this Article of the Convention.

Point IV of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, as called for under this point.

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