Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 139) sur le cancer professionnel, 1974 - Slovaquie (Ratification: 1993)

Article 1 of the Convention. Periodical determination of carcinogenic substances and agents. The Committee notes that the Government refers to Act No. 67/2010 Coll., which stipulates the terms of use of chemicals, including carcinogens, and their placement on the market, and to Regulation (EC) No. 1907/2006 concerning the registration, evaluation, authorization and restriction of chemicals (REACH). It indicates that the purpose of REACH is to ensure a high level of human and environmental health, including the promotion of alternative methods for the assessment of chemical hazards, as well as the free circulation of substances on the internal market. It adds that REACH includes in its appendix lists of carcinogenic substances. The Government also mentions lists of selected dangerous carcinogenic substances contained in annexes of Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals. However, the Committee cannot assess the effect given to this Article of the Convention, as the relevant legislation is not included in the report. Therefore, the Committee asks the Government to submit a copy of the relevant provisions of Act No. 67/2010 Coll., Regulation (EC) No. 1907/2006 and Regulation (EC) No. 689/2008, including the annexes, to the Office, in one of its official languages if possible. The Committee also requests the Government to provide additional information on the manner in which the carcinogenic substances and agents are periodically determined, particularly in light of the latest information contained in the codes of practice or guides which are established by the International Labour Office, as well as information from other competent bodies.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes that in its report, the Government indicates that the obligation for employers to provide measures to eliminate or reduce worker exposure to carcinogenic and mutagenic substances to the lowest possible and achievable degree is formulated in section 40 of Act No. 355/2007 Coll. Furthermore, the Committee understands that under section 4 of GR No. 356/2006 Coll., employers have the obligation to restrict the use of carcinogenic or mutagenic substances, “if technically possible”, and replace these substances with substances, preparations or processes that are not hazardous, or less hazardous, to health or safety. It also understands that GR No. 356/2006 Coll. specified that employee exposure to carcinogens or mutagens must not exceed the technical values which are defined in the Government regulation. The Committee recalls that the Convention, for its part, requires that the number of workers exposed and the duration and degree of exposure shall be reduced to the “minimum compatible with safety”. The Committee considers that it cannot evaluate the effect given to this Article of the Convention without the relevant legislation. Consequently, the Committee asks the Government to communicate to the Office a copy of Government Regulation No. 356/2006 Coll., in one of its official languages if possible. The Committee also asks the Government to indicate how it determines the threshold defined as “technically possible”, how this threshold conforms to the required “minimum compatible with safety”, and the methods of evaluation.

Part IV of the report form. Application in practice. The Committee notes with interest that the number of workers engaged in hazardous work with carcinogenic substances dropped from 4,399 in 2005 to 2,800 in 2011, and that cases of workers exposed to selected carcinogenic and mutagenic factors in the workplace are registered by regional public health authorities. The Committee requests the Government to continue to give information on the application in practice of the Convention in the country, including information concerning the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported and the number, nature and cause of cases of disease, etc.