Occupational Cancer Convention, 1974 (No. 139) - Nicaragua (RATIFICATION: 1981)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 115 (radiation), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 139 (occupational cancer) together.

Application in practice of Conventions Nos 13, 115, 119, 127, 136 and 139.The Committee notes the general and sectoral information provided by the Government in its report on the number of violations identified during inspections and follow-up inspections, as well as the corrective action taken by them in respect of occupational safety and health conditions between 2018 and the first semester of 2021. The Committee requests the Government to continue providing information on the application in practice of the ratified occupational safety and health Conventions, including the number, nature and cause of occupational accidents and diseases notified, and information on the inspection activities and violations identified, as well as the penalties imposed.

A.Protection against specific risks

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

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. The Committee notes that the Government indicates in its report that there are no recorded cases of lead poisoning in the Ministry of Health statistics, and that no cases of lead poisoning have been recorded in Nicaragua since the end of the 1980s. While noting the Government’s statement that workers at risk of lead poisoning are treated and diagnosed by clinics attached to the National Social Security Institute, the Committee requests the Government to continue providing information on all cases of lead poisoning recorded.

2.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. The Committee notes the Government’s indication that the clauses governing purchase, sale, transfer and hiring of machines are established by the persons carrying out these operations in accordance with trade, commercial and civil law.

With respect to the protective guards over dangerous parts of machinery, the Committee notes that the provisions of The Ministerial Standard on Basic Occupational Safety and Health Provisions Applicable to Electrical Installations and Equipment of 1999, facilitated by the Government, on the design of and protection provided on machines for lifting and conveying, are referenced in sections 43 (switch requirement), 44 (polarization requirement) and 45 (grounding conductor requirement). While noting the Government’s indications regarding trade, commercial and civil law, the Committee requests the Government to indicate the specific relevant provisions in these laws that prohibit the sale, hire, transfer in any manner and exhibition of machinery of which the dangerous parts are without appropriate guards, in conformity with Article 2(1) and (2) of the Convention.

Article 15. Appropriate inspection services and penalties. With reference to its previous comments, the Committee notes the provisions on safety requirements for lifting and conveying machinery established in sections 19, 20, 21 (requirements for the use of lifting machines), 46, 47, 48 (verification of the good condition of the machinery) and 49 (safety of lifting equipment and its operation) of the Ministerial Standard of 1999, and in sections 3.1.7 (separation between machines) and 3.4.1 (requirements for the operation of hoisting apparatus) of the Technical Guide on Health and Safety Inspection. The Committee takes note of this information, which addresses its previous request.

3.Maximum weight Convention, 1967 (No. 127)

Article 7 of the Convention. Young persons and women. With regard to its earlier comments, the Committee notes the Government’s indication that compliance with Ministerial Agreement No. JCHG-08-06-10, of 2010, on the prohibition of hazardous work for young persons and the list of types of hazardous work, of which paragraph (e) prohibits physical loads for children under the age of 18 years, is ensured through the implementation, evaluation and monitoring of special care programmes for young workers. The Government reports that to protect the rights of young workers, compliance with the Ministerial Agreement is monitored by the Departmental Labour Inspectorate. Section 1 of the Ministerial Decision provides that inspectors shall be empowered to take cognizance of violations and impose penalties in conformity with the provisions of Section 6 of Act No. 474 of 2003 amending Chapter VI, part one, of the Labour Code.

The Committee further notes that the Government reports on the formulation, in April 2018, of a Decision of the National Occupational Safety and Health Council – pending publication – which establishes the maximum weights recommended for men and women (section 16) and prohibits workers under the age of 18 years from the manual transport of loads the weight of which involve physical effort and activity beyond the worker’s psychophysical strength (section 24). The Government indicates that the said Decision amends the Ministerial Decision on Occupational Safety and Health of 2002 with respect to the maximum load that can be transported manually by a worker. The Committee requests the Government to indicate whether the Decision of the National Occupational Safety and Health Council, amending the Ministerial Decision on Occupational Safety and Health as regards the maximum load that can be transported manually by a worker, has been published and is now in force. Regarding the assignment of young workers to the manual transport of loads, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

4.Benzene Convention, 1971 (No. 136)

Articles 2 and 4 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reports that while the use of benzene is not currently restricted or prohibited, the only use of benzene approved by the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) is for chemical analysis in laboratories. The Government adds that in order to import benzene, the enterprise or natural person must be registered and hold a valid importer’s licence with the CNRCST and must also complete an importation permit each time the product enters the country. The Committee further notes that the Government reports that it does not have a list of work in which the use of benzene is prohibited. While taking note of the information provided by the Government on the use of benzene for the sole purpose of chemical analysis carried out in laboratories and with reference to its comments on Article 2 of the Occupational Cancer Convention, 1974 (No. 139), the Committee requests the Government to provide information on the measures taken to ensure the adoption of laws and regulations that guarantee the prohibition of the use of benzene or products containing benzene in certain work, and that the prohibition includes the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). With reference to its earlier comments on the measures adopted to ensure that the concentration of benzene in the air of places of employment does not exceed the maximum ceiling, the Committee notes that the Government refers to section 114 of Act No. 618 of 2007, the General Occupational Safety and Health Act, which establishes the obligation to assess occupational health hazards for workers in places of employment. The Committee observes that under section 144 of Act No. 618 of 2007, such assessment shall be undertaken at least once yearly, and shall be updated in various cases, for example when there are changes in processes, or in the choice of chemicals and other substances, affecting the degree of exposure of the workers to such agents. The Committee also notes that section 130 of Act No. 618 of 2007 provides that where the maximum ceiling is exceeded, the employer shall rectify the installations or adopt the necessary technical measures to eliminate or reduce the chemical contaminants in the workplace. The Committee takes note of this information, which addresses its previous request.

Article 14(a) and (b). Measures necessary to give effect to the Convention. Authorities responsible for ensuring compliance. The Committee notes the information provided by the Government on the measures adopted by the CNRCST. It notes that Act No. 941 of 2016, establishing the National Commission for the Registration and Monitoring of Toxic Substances, which abrogates Decree No. 04-2014 of 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances, mandates the CNRCST to undertake the regulation of chemical substances for industrial use such as benzene, and to formulate policies, action and activities related to the appropriate handling of chemical substances, for the purpose of monitoring and preventing diseases caused by exposure to hazardous and toxic substances (Article 4).

The Committee also notes that the CNRCST has an inspection unit which is responsible for undertaking inspections of laboratories that use benzene in various chemical analyses. The Committee requests the Government to indicate the regulations adopted in respect of benzene and products containing benzene, as well as the policies, action and activities concerning benzene since the creation of the National Commission for the Registration and Monitoring of Toxic Substances, under Act No. 941 of 2016.

5.Occupational Cancer Convention, 1974 (No. 139)

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. With reference to its previous comments, the Committee notes that the Government indicates that the prohibition or restriction of agricultural, domestic and professional pesticides is effected through a thorough assessment of their environmental, sanitary and agricultural effects and of those of substitute substances, carried out by the CNRCST. The Government adds that the decision to prohibit or restrict is made public by announcement in the Official Gazette.

With regard to measures for the protection of workers, the Committee notes that the CNRCST undertakes surveillance and control of enterprises that use potentially carcinogenic substances and chemicals in general. The Committee notes, in response to its previous comments regarding the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances, that the Government reports that the Registry is still operating, under the aegis of the CNRCST, which has been monitoring authorized industrial chemical substances since 2014. While taking note of the procedure for the prohibition and restriction of pesticides, the Committee requests the Government to indicate the decisions determining the carcinogenic substances or agents for which exposure at work is prohibited or subject to authorization or control. The Committee also requests the Government to continue providing information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, as well as on the development and operation of the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances with regard to workers exposed to carcinogenic substances.

Article 2(2). Duration and degree of exposure. With reference to its previous comments, the Committee notes that the Government provides no information on the provisions concerning the exposure limit values established by the Ministry of Labour in conformity with section 129 of Act No. 618 of 2017, the General Occupational Safety and Health Act. The Committee urges the Government to provide detailed information on the provisions concerning the exposure limit values established by the Ministry of Labour under the abovementioned section 129.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. With reference to its previous comments, the Committee notes the obligations concerning workers’ training set out in the following sections of Act No. 618 of 2007: 19 (information provided through training programmes), 20 (frequency of the programmes), 21 (content of the programmes), 22 (qualifications of persons responsible for the training activities), and 176 (information on the hazards of application and use of pesticides and chemical substances). The Committee takes note of this information, which addresses its previous request.

B.Protection in specific branches of activity

Underground Work (Women) convention, 1935 (No. 45)

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area.

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Previous comment on Convention No. 136: direct requestPrevious comment on Convention No. 139

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 139 (occupational cancer) together.

Protection against specific risks

1.Benzene Convention, 1971 (No. 136)

Article 8 of the Convention. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. With reference to its previous comments, the Committee notes the Government’s indication that workers have adequate means of personal protection at their disposal, which reduces the risk of occupational exposure. In this connection, the Committee notes that sections 137 and 138 of Act No. 618 of 2007, provide that work clothing and personal protective equipment shall be adequate and ensure effective protection.

With reference to its earlier comments on the obligation of the employer to limit the duration of workers’ exposure to concentrations of benzene which exceed the maximum limit, the Committee notes with regret that the Government has failed to respond to the request that the Committee has been formulating for several years. The Committee therefore urges the Government to take the necessary measures in the near future to guarantee that the duration of workers’ exposure to concentrations of benzene in the air of places of employment that exceed 25 parts per million (80 mg/m3) is limited, in accordance with Article 8(2) of the Convention.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. With regard to its previous comments, the Committee notes the Government’s indication that, given the existence of specific legal standards to protect working conditions of pregnant women and nursing mothers, this category of workers is not prohibited from working. The Government adds that pregnant women and nursing mothers are monitored and supervised by the General Directorate of Occupational Safety and Health, the General Labour Inspectorate, the Ministry of Health, the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) and the Nicaraguan Social Security Institute. The Committee urges the Government, once again, to take the necessary measures to ensure that women medically certified as pregnant, and nursing mothers are not employed in work processes involving exposure to benzene or products containing benzene and to provide information on the specific measures adopted in this respect.

2.Occupational Cancer Convention, 1974 (No. 139)

Article 2(1). Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents. With reference to its previous comments, the Committee observes that the Government provides general information on the process of authorization, restriction, prohibition and registration of chemical substances, which includes thorough toxicological assessments of their environmental, sanitary, agricultural, and domestic effects and those of substitute substances, carried out by the CNRCST, but makes no reference to the replacement of carcinogenic substances or agents by non-carcinogenic or less harmful substances or agents. While noting that the Government indicates that the CNRCST is mandated to regulate chemical substances, pesticides and other toxic substances, the Committee urges the Government to adopt the necessary measures to identify the carcinogenic substances and agents that must be replaced and to take the steps required for their replacement within the framework of the CNRCST or any other institution competent in the matter.

Article 5. Medical examinations during or after employment. The Committee notes that sections 23 to 27 of Act No. 618 of 2007, the General Act on Occupational Safety and Health, provide for medical examinations before and during employment but do not include the post-employment examinations required by the Convention. The Committee requests the Government to adopt measures to ensure that such medical examinations, or investigations of a biological or other nature, as may be required to assess workers’ exposure or state of health in respect of occupational hazards are provided following a period of employment.

The Committee is raising other matters in a request addressed directly to the Government.

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Legislation. The Committee notes the Government’s indication that it has adopted Decree No. 04-2014, published on 11 February 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances. The mandate of this body is to coordinate policies, actions and activities concerning the import, export, production, marketing, distribution, use and consumption of everything related to toxic substances. The Government indicates that this Commission is reviewing the Basic Act No. 274 concerning the regulation and control of pesticides and toxic, hazardous and other similar substances and its implementing regulations, issued by Decree No. 49-98, with a view to updating them. The Committee requests the Government to supply information on the measures taken by the new Commission to give effect to the present Convention.

Article 2(1) of the Convention. Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. With reference to its previous comments, the Committee notes that the Government again refers to section 18(4) of Act No. 618 with regard to employers’ obligations. The Committee reminds the Government that Article 2(1) of the Convention is more specific and refers not to employers’ obligations but to the Government’s obligation, firstly, to determine which carcinogenic substances or agents are to be replaced and, secondly, to take measures for such replacement. The Committee requests the Government to take the necessary measures to determine which carcinogenic substances or agents are to be replaced and to ensure such replacement, and to provide information in this regard.

Furthermore, the Committee notes with regret that the Government does not reply in its brief report to the points raised by the Committee in its previous observation. The Committee emphasizes that the appointment of a new National Commission for the Registration and Monitoring of Toxic Substances to reform the legislation does not release the Government from its obligation to give effect to the Convention, pending the adoption of the new legislation, or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. The Committee is therefore bound to reiterate a substantial part of its previous comment.

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. The Committee draws the Government’s attention to the fact that the fundamental aspect of Article 1 of the Convention is the determination of a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and the existence of a mechanism for periodic review. The Committee also notes that the Government does not provide information on the operation of the Single National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances envisaged in section 6 of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances of 1998. The Committee once again requests the Government to provide a copy of the legislation determining the substances to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the present Convention shall apply, the mechanism for review, the protection measures for workers and the records referred to in Articles 1 and 3 of the Convention. The Committee requests the Government to indicate whether the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances is already in operation, which will be a body of the authority responsible for the application of Act No. 274 and its Regulations.

Article 2(2). Duration and degree of exposure. In its previous comments, the Committee noted that, under the terms of section 129 of Act No. 618, the Ministry of Labour shall establish, in respect of chemicals identified in various workplaces, exposure limit values for workers, which shall be established in accordance with international criteria and the national investigations that are undertaken in this area, and it authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as a reference point in inspections. The Committee requested the Government to provide detailed information on the application of the legislation in practice including, for example, the provision of information on the limit values laid down by the Ministry of Labour pursuant to section 129, and including information on the application of the Convention to rural workers. Noting that the Government has not provided the requested information, the Committee asks it once again to provide detailed information on this subject.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. Noting that the Government has not provided information on the effect given to this Article of the Convention, the Committee again requests that it do so in relation both to law and practice.

Article 5. Medical examinations during employment and thereafter. The Committee notes that sections 23–27 of Act No. 618 provide for examinations to be carried out prior to employment and during employment, but do not envisage examinations after employment, as required by the Convention. The Committee requests the Government to adopt measures to give effect to this Article and to provide information on the law and practice.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide detailed information on the application of the Convention in the country, including the effect given to the requirement to keep records, training, medical examinations, as well as information on the application of the Convention to rural workers, and particularly on the application of the Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances in relation to the aspects that are relevant to the present Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. In its previous comments, the Committee noted the existence of new legislation, and particularly Act No. 618 of 2007 (the General Occupational Safety and Health Act) and it requested a detailed report, including information on the application of the Convention in practice and replies to its previous comments. The Committee notes the Government’s brief report, which does not enable it to gain a complete overview of the application of the Convention. The Committee notes that, through the Ministry for Natural Resources (MARENA), in coordination with other institutions, Nicaragua is implementing the second phase of the Stockholm Convention, as a result of which 12 persistent organic pollutants (POPs) are prohibited, and that the national legislation is being revised to provide a framework to be used by all national institutions for the provision of supervision and follow-up wherever toxic, hazardous and similar substances are commercialized. With regard to pesticides, the Government indicates that it is intended to carry out an investigation of the population near to the airport in Chinandega which acts as a base for spraying operations. The Committee notes that the information provided by the Government does not indicate the substances that are prohibited or the protection measures for workers in the event of exposure. The Committee draws the Government’s attention to the fact that the fundamental aspect of Article 1 of the Convention is the determination of a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and the existence of a mechanism for periodic review. The Committee also notes that the Government does not provide information on the operation of the Single National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances envisaged in section 6 of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances of 1998. The Committee once again requests the Government to provide a copy of the legislation determining the substances to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the present Convention shall apply, the mechanism for review, the protection measures for workers and the records referred to in Articles 1 and 3 of the Convention. The Committee requests the Government to indicate whether the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances is already in operation, which will be a body of the authority responsible for the application of Act No. 274 and its Regulations.

Article 2(1). Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee notes the Government’s indications that sections 19, 20 and 21 of Act No. 618 provide that the employer shall ensure the development of risk maps and prevention programmes together with the Joint Occupational Safety and Health Committee. The Committee notes that these sections refer to training, and not replacement, and it draws the Government’s attention to the fact that such broad provisions do not ensure that effect is given to this provision of the Convention. It further notes that section 18(5) provides that employers shall have the obligation to replace what is dangerous by what involves little or no danger. Noting that this section contributes to the application of this provision of the Convention, the Committee observes that the latter is more specific and requires prior determination by the authority of the carcinogenic substances and agents which have to be replaced. The Committee requests the Government to take the necessary measures to give effect to this Article and to provide information on this subject.

Article 2(2). Duration and degree of exposure. In its previous comments, the Committee noted that, under the terms of section 129 of Act No. 618, the Ministry of Labour shall establish, in respect of chemicals identified in various workplaces, exposure limit values for workers, which shall be established in accordance with international criteria and the national investigations that are undertaken in this area, and it authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as a reference point in inspections. The Committee requested the Government to provide detailed information on the application of the legislation in practice including, for example, the provision of information on the limit values laid down by the Ministry of Labour pursuant to section 129, and including information on the application of the Convention to rural workers. Noting that the Government has not provided the requested information, the Committee asks it once again to provide detailed information on this subject.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. Noting that the Government has not provided information on the effect given to this Article of the Convention, the Committee again requests that it do so in relation both to law and practice.

Article 5. Medical examinations during employment and thereafter. The Committee notes that sections 23 to 27 of Act No. 618 provide for examinations to be carried out prior to employment and during employment, but do not envisage examinations after employment, as required by the Convention. The Committee requests the Government to adopt measures to give effect to this Article and to provide information on the law and practice.

Part IV of the report form. The Committee requests the Government to provide detailed information on the application of the Convention in the country, including the effect given to the requirement to keep records, training, medical examinations, as well as information on the application of the Convention to rural workers, and particularly on the application of the Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances in relation to the aspects that are relevant to the present Convention.

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Legislation. The Committee notes with interest that Act No. 618 (General Occupational Safety and Health Act), published in Official Journal No. 133 of 13 July 2007, and Ministerial Accord VCG-AM-0020-10-06, which lists hazardous types of work, contains substantive provisions to give a qualitative boost to occupational safety and health policy in Nicaragua and to the application of the present Convention. It notes in particular that section 18 of the Act places the obligation on the employer to adopt preventive measures to ensure the safety and health of workers, including: (1) avoiding risks; (2) assessing risks which cannot be avoided; (3) preventing risks at source; (4) adapting the work to the person concerned; (5) replacing hazardous tasks with those involving little or no danger; (6) adopting measures which ensure collective and individual protection; and (7) duly informing workers. Section 18 also provides for the carrying out of an initial diagnosis with a view to compiling a chart of the specific labour risks of the enterprise and its corresponding plan for prevention and for the promotion of healthy work and provides that the competent authority shall be informed with regard to the activities of the enterprise, including those relating to inflammable, toxic or hazardous materials and products. The Committee also notes that, under section 129 of the abovementioned Act, the Ministry of Labour shall establish, in respect of chemical substances present in various workplaces, limit values for workers to exposure, in line with international criteria and national investigations in this area, and authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as the benchmark for its inspections.

However, the Committee notes that the Government has not sent any reply to the questions raised in its previous direct request. Bearing in mind that this new legislation introduces substantial changes in this area, the Committee requests the Government to supply a detailed report on the manner in which its legislation gives effect to each of the provisions of the Convention, including the information asked for in its previous direct request, particularly with regard to the Basic Act on the regulation and control of pesticides and toxic, hazardous and similar substances. The Committee also requests the Government to supply detailed information on the application of the legislation in practice, including, for example, information on the limit values laid down by the Ministry of Labour pursuant to section 129, and also including information on the application of the Convention to workers in agriculture.

[The Government is asked to report in detail in 2011.]

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1. The Committee notes the information contained in the Government’s report and particularly the information on the application of Article 6, paragraph (c), (obligation to provide appropriate inspection services for the purpose of supervising the application of the Convention).

2. Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and the maintenance of records. The Committee notes the Government’s indication that, in the framework of the activities of the annual meeting of Health Ministers of the Central American Region and the Dominican Republic (RESSCAD), Ministers of Health, Agriculture, the Environment and Natural Resources were called upon to comply with the legislation in force and jointly formulate and apply measures to restrict the use of the pesticides contained on the list already determined by the countries, recognized as being responsible for the majority of cases of poisoning and deaths, and to take the relevant measures to prohibit the 107 listed pesticides. The list of prohibited or restricted substances and agents in the country, set out in Ministerial Order No. 23-2001, is contained in the report. The Committee notes that, under the terms of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances, toxicological instructions have been issued by the Ministry of Health and eco-toxicological instructions by the Ministry of the Environment and Natural Resources with a view to registering and authorizing uses of pesticides, industrial and other hazardous chemical substances and to determine whether or not the import and use of particular substances is authorized. The Committee notes that Nicaragua has signed the Stockholm Convention on Persistent Organic Pollutants (POPs) and has commenced the implementation of the project “Initial assistance to enable Nicaragua to comply with its obligations deriving from the Stockholm Convention on POPs”. The Committee notes that the National Plan of Application on Persistent Organic Pollutants (POPs) has been prepared to cover as extensively as possible aspects relating to the security and handling of chemical substances, including the re-establishment of the Information Centre on Persistent Organic Pollutants, the training of a group related to the national policy for the integrated management of hazardous substances and wastes and the formulation of this policy, as well as the formulation of a preliminary inventory of sources and volumes of POPs and the evaluation of these inventories. The Committee hopes that the implementation of this Plan will provide a basis for the adoption of the necessary measures to give effect to Articles 1 and 3 of the Convention in relation to the periodic determination of carcinogenic substances and agents and the prescription of the measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee requests the Government to provide detailed information on the progress achieved in the implementation of this Plan through the establishment of the register of these substances and agents, taking into consideration the latest information contained in the codes of practice or guides which may be established by the International Labour Office and information from other competent bodies.

3. Article 2. Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee notes that, according to the Government’s report, regulations have not been adopted establishing the obligation to take all possible measures to replace carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents, nor the obligation to plan for the reduction of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee hopes that the necessary measures will be adopted to give effect to the Convention, and it requests the Government to provide information, for instance, on the adoption of specific laws or regulations establishing the obligation to replace carcinogenic substances or agents by those considered to be less harmful, determining the number of hours for which workers may be exposed to such substances or agents, determining specific degrees of exposure to such substances and agents, etc.

4. Article 4. Obligation to inform workers of the dangers involved with carcinogenic substances. The Committee notes the Government’s reference to constitutional and legislative provisions of a general nature. The Committee recalls that this Article of the Convention provides that each Member, which ratifies the Convention, shall take steps so that workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken. While noting the provisions referred to in the Government’s report, the Committee considers that, although the provisions of the Constitution and the Labour Code may be useful, they are not sufficient to give effect to this Article. The Committee requests the Government to provide information on the provisions adopted to give effect to this Article of the Convention.

5. Article 5. Medical examinations. The Committee notes the Government’s reference in its report to certain provisions of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances. These provisions establish obligations relating to the monitoring of the risks and insurance against occupational risks financed by the employer, thereby giving partial effect to this Article. The Committee recalls that this Article provides that each Member which ratifies the Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards resulting, in particular, from their exposure to carcinogenic substances or agents. The Committee requests the Government to provide information on the provisions adopted to give effect in practice to this Article of the Convention.

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The Committee notes the information supplied by the Government in its report.

Articles 1 and 3 of the Convention. The Committee takes note of the Government’s information concerning these Articles. In its report the Government refers to the annual meeting of Health Ministers of the Central American Region and Dominican Republic (RESSCAD) in 2000, which reached an agreement to ban the use of carcinogenic substances and agents or submit them to authorization or control. The Government gives the list of substances and agents in its report. The Committee asks the Government to state whether the above agreement is binding for Nicaragua and to send a copy of the full text of the RESSCAD instrument including the abovementioned list, and to indicate which substances are prohibited and which are subject to authorization. The Committee also notes that, according to the Government, the Ministers of Health of Central America and the Ministers of Labour, Agriculture and Forests, Environment and Natural Resources of Nicaragua, determined the carcinogenic substances and agents occupational exposure to which will be prohibited or subject to authorization or control. A list of them also is provided. The Committee asks the Government to state whether this agreement is binding for Nicaragua, to provide a copy of the full text and to indicate which substances are banned and which are subject to authorization. The Committee also notes that, according to the Government, in periodically determining these substances or agents, account is taken of international standards based on the International Register of Potentially Toxic Chemicals. The Committee observes that, according the chemicals division of the United Nations Environment Programme (UNEP) which is in charge of the Register, the latter has not been updated since 1993. The Committee therefore suggests that the Government should take as a reference the work and the lists of the International Agency for Research on Cancer (IARC). The Committee notes that the list supplied by the Government enumerates some products regarded as carcinogenic by the IARC. The Committee recalls that the list supplied by the Government is not exhaustive and there is no mention that it is merely indicative. The Government is therefore asked to consider increasing the number of products in this category which are prohibited or subject to authorization.

The Committee recalls that in its previous comments it took note of the establishment of a National Centre for Information and Documentation on Toxic, Dangerous and Similar Substances. The Committee expressed the hope that, once established, the Centre would be able to take the necessary steps to give effect to the provisions of Articles 1 and 3 of the Convention with regard to periodically determining carcinogenic substances and agents and prescribing measures to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee therefore asks the Government to provide detailed information as to whether the abovementioned Centre has been set up and is operational; whether, in addition to the list established by the annual meeting of Health Ministers of the Central American Region and Dominican Republic (RESSCAD), a national list of carcinogenic substances and agents has been drawn up; and whether the abovementioned Centre has created a register of such substances and agents, giving consideration to the latest information contained in the codes of practice or guides which may be established by the International Labour Organization, as well as to information from other competent bodies. The Committee notes in this connection the information supplied by the Government on the National Register of Pesticides and Toxic or Other Toxic Substances used in agriculture, administered by the Ministry of Agriculture and set up under Basic Act No. 274 to regulate and control pesticides and toxic or other dangerous substances. The Committee also notes the records provided for in Chapter IX of the Ministerial Resolution on Industrial Hygiene at Work of 28 July 2000. The Committee states that it is not clear whether it is possible in the first record to include the effects on workers’ health of the products and substances controlled and regulated by the abovementioned Act. As to the second record, the Committee states that, according to the abovementioned resolution, it is to be kept by the employer. The Committee recalls that it is the Government which is required to establish an appropriate system of records, and while it may be useful to have records kept by the employer, this is not enough to give effect to the Convention. The Committee therefore urges the Government to take the necessary steps to meet the requirement of a system of records laid down in Article 3 of the Convention. The Committee suggests that, in taking the necessary measures, the Government should refer to Paragraph 15 of the Occupational Cancer Recommendation, 1974 (No. 147).

Article 2. With reference to its previous comments, the Committee notes the Government’s reference to Basic Act No. 274 of 1998 to regulate and control pesticides and toxic and other dangerous substances, and particularly section 21 of the Act which sets forth the functions of the Ministry of Health. The Committee also notes that, according to the Government, article 6 of the Ministerial Resolution on Occupational Hygiene and Safety of 26 July 1993 which establishes the employer’s obligations, would give effect to this Article of the Convention. The Committee recalls, however, that Article 2 requires every effort to be made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non carcinogenic substances or agents or by less harmful substances or agents. It further provides that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure must be reduced. General measures such as those referred to by the Government cannot therefore be deemed sufficient to give effect to the provision of Article 2 of the Convention. Consequently, the Committee asks the Government to adopt the necessary measures to give effect to the Convention, and particularly legislative or regulatory measures requiring the replacement of specific carcinogen substances or agents by others which are deemed to be less harmful; and which set the number of hours for which workers may be exposed to such substances or agents, specific levels of exposure, etc.

Article 4. The Committee notes the Government’s statement that the current Labour Code, the Ministerial Resolution on Occupational Hygiene and Safety of 26 July 1993 and the Ministerial Resolution on Safety and Hygiene respecting the use, handling and application of pesticides and other agrochemicals at places of work, 24 November 2000, are the standards which would give effect to the provisions of Article 4 of the Convention. The Committee also notes the Government’s statement that the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, requires employers to provide information on the matters specified in Article 4. The Committee recalls that Article 4 of the Convention requires each Member which ratifies the Convention to take steps so that workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken. The Committee observes that, while the provisions of the abovementioned resolution may be useful, they are not enough to give effect to Article 4. It therefore asks the Government to inform it of provisions adopted to apply this Article of the Convention.

Article 5. The Committee notes the information supplied by the Government in the form of a reference to the provisions on obligations for employers contained in the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, namely: occupational medical examinations (Chapter VIII), the content of such examinations (Chapter X), evaluation of industrial health risks (Chapter V), notification of a summary of the medical examinations (Chapter XI). The Committee recalls that Article 5 of the Convention requires each Member which ratifies it to take steps to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards of exposure to carcinogenic substances or agents in particular. The Committee asks the Government to inform it of arrangements made to give practical effect to this Article of the Convention.

Article 6. The Committee notes that several legal instruments submitted by the Government contain provisions on sanctions and liability for failure to apply the standards (article 10 of the Ministerial Resolution on Occupational Hygiene and Safety, 26 July 1993, Chapter III of the Basic Law to Regulate and Control Pesticides, Toxic and Other Dangerous Substances (Act No. 274 of 13 February 1998), Chapter XXI of the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, Chapter XVI of the Ministerial Resolution on Hygiene and Safety Respecting the Use, Handling and Application of Pesticides and Other Agrochemicals at Workplaces, 24 November 2000). The Committee nevertheless notes that only two of the above instruments refer, succinctly and in general terms, to the inspection services to be provided by the Government (article 5 entitled "Supervision of the Ministerial Resolution on Occupational Hygiene and Safety, 26 July 1993", and section 21(3) of the Basic Act to Regulate and Control Pesticides and Toxic and Other Dangerous Substances (Act No. 274 of 13 February 1998)). The Committee recalls that paragraph (c), of Article 6, of the Convention establishes that each Member which ratifies it must undertake to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out. The Committee asks the Government to provide information on measures and arrangements for applying this Article of the Convention, and on the organization, functions and powers of the inspection services responsible for supervising the application of the Convention.

Lastly, the Committee asks the Government to provide general information, as Part IV of the report form requires, on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and causes of cases of disease, etc.

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The Committee notes the adoption of the Fundamental Act of 13 February 1998 respecting the regulation and control of pesticides, toxic and other dangerous substances which, while providing responses to some of the issues relative to the application of the Convention, ignores the specific problems addressed by the Convention. Consequently, the Committee wishes to draw the Government's attention to the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that section 20(1) of the above Act establishes a National Information and Documentation Centre on Toxic Substances which, under section 20(2) shall monitor and supervise contamination by pesticides, toxic or other dangerous substances which are natural or man-made. Section 22(1) and (2) of the Fundamental Act empowers the Minister of Labour to monitor, regulate and supervise the safety of premises where workers are exposed to pesticides, toxic and other dangerous substances and to apprehend and supervise the potential risks of exposure to these substances. The Committee requests the Government to indicate whether the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are periodically determined, in accordance with Article 1, paragraph 1, of the Convention, in the light of paragraph 3 of this Article of the Convention.

Moreover, the Committee notes that the Fundamental Act includes no provision to give effect to the following Articles of the Convention: Article 2 (replacing carcinogenic substances and agents by non-carcinogenic substances or agents and reducing the number of workers exposed to and their exposure to a minimum compatible with safety); Article 3 (special measures to be taken to protect workers against the risks of exposure to cacogenic agents and substances and the establishment of an appropriate system of records); and Article 5 (medical examinations or biological tests or investigations, when so required, during and subsequent to the period of employment).

The Committee notes the Government's statement to the effect that the Government has requested the assistance of a multidisciplinary team for the Americas and the Caribbean States to amend national legislation to bring it into full conformity with the provisions of the Convention. The Committee hopes that the necessary measures will shortly be taken to this end and requests the Government to transmit any information in this respect.

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The Committee notes with interest the adoption and publication of the Fundamental Act of 13 February 1998 respecting the regulations for and the supervision of pesticides, toxic and other dangerous substances. In this regard, the Committee is addressing a request regarding certain points directly to the Government.

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The Committee notes the information provided by the Government in its report. In its previous comments the Committee noted the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993, providing a framework within which specific aspects of occupational safety and health can be regulated. Section 3 of the resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks. Recalling that since the ratification of the Convention no specific provisions have been adopted to give effect to the Convention, the Committee expresses once again the hope that the necessary steps will be taken in the very near future, in consultation with the most representative organizations of employers and workers concerned, as called for by Article 6 (a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration and degree of exposure and the number of workers concerned); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of workers concerned during the period of exposure and thereafter, as necessary).

[The Government is asked to report in detail in 1999.]

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The Committee notes the information provided in the Government's latest report and the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993. The Government has indicated that this resolution will provide a framework within which other specific aspects of occupational safety and health can be regulated and recalls that section 3, paragraphs 1 and 2 of the resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks.

The Committee would recall that, since its ratification, no provisions have existed to give effect to the Convention. In its report for 1987, the Government indicated that special efforts were being made to establish standards on the safety measures to be taken to prevent the risks of occupational cancer.

The Committee hopes that the necessary steps will be taken in the very near future, in consultation with the most representative organizations of employers and workers concerned, as called for by Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter as necessary).

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In comments it has been making since 1984, the Committee noted that there were no specific laws or regulations to apply the provisions of the Convention. In 1987, the Government indicated that special efforts were being made to establish standards on the safety measures to be taken to prevent the risks of occupational cancer. In its latest report, the Government has made reference to difficulties faced by the country in the last 13 years which have hindered the implementation of national occupational safety and health programmes. The Government adds, however, that the General Directorate of Occupational Safety and Health has just begun a series of actions aimed at identifying risk situations and establishing measures of control and that the Ibero-American Institute of Co-operation has begun to assist the Government in the drafting of Ministerial resolutions and agreements to regulate certain aspects of safety and health, taking into account the Committee of Experts' comments.

The Committee hopes that the necessary steps will be taken in the very near future, in consultation with the most representative organizations of employers and workers concerned, as called for by Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); and Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter as necessary).

[The Government is requested to provide a detailed report for the period ending 30 June 1994.]

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In earlier comments, the Committee had noted that, apart from some provisions in the Labour Code that prescribe protective measures of a general nature, there are no laws or regulations to apply the provisions of the Convention; in 1987, the Government indicated that special efforts were made to establish standards on the safety measures to be taken to prevent the risks of occupational cancer. The Committee notes with regret that in its latest report, the Government has not supplied any information on the outcome of these efforts, as requested in 1988.

The Committee recalls that measures should be adopted to give effect in particular to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure must be prohibited or made subject to authorisation or control); Article 2 (replacement of carcinogenic substances and agents by others that are less harmful and reduction of the duration of exposure); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter).

The Committee hopes that standards will be established in accordance with Article 6(a) of the Convention to give effect to these provisions, that they will take account of the most recent information contained in the Codes of Practice and guides established by international bodies including the ILO, and that the Government will soon be in a position to report progress in this regard.

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The Committee notes with interest from the Government's reply to its previous direct request that the Government is undertaking special efforts to establish standards on the safety measures to be taken to prevent the risks of occupational cancer. The Committee recalls that measures should be adopted to give effect in particular to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure must be prohibited or made subject to authorisation or control); Article 2 (replacement of carcinogenic substances and agents by others that are less harmful and reduction of the duration of exposure); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter).

The Committee hopes that standards will be established in the near future to give effect to the Convention in accordance with Article 6(a) of the Convention, that they will take account of the most recent information contained in the Codes of Practice or guides established by international bodies including the ILO and that the next report will indicate the progress made in this regard.