Occupational Cancer Convention, 1974 (No. 139) - Ireland (RATIFICATION: 1995)

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Article 5 of the Convention. Medical examinations after the period of employment. The Committee notes the Government’s indication in its report, in response to the Committee’s request on medical examinations after the period of employment that all citizens have access to various medical services, consultations and interventions, including supervision of their state of health in relation to past occupational hazards. The Government also refers to the National Cancer Control Programme, which provides for assistance in the prevention, early detection, diagnosis, treatment, monitoring and end-of-life care. The Committee requests the Government to provide more specific information on how it is ensured that workers 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. In this respect, it requests further information on the medical services referred to in the Government’s report related to the supervision of their state of health in relation to past occupational hazards.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes that schedule 4 of the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 sets out the practical recommendations for the health surveillance of employees, including keeping records of an employee’s medical and occupational history, and where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each employee who is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine. The Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that workers 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 not only during the period of employment but also thereafter.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes that schedule 4 of the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 sets out the practical recommendations for the health surveillance of employees, including keeping records of an employee’s medical and occupational history, and where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each employee who is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine. The Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that workers 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 not only during the period of employment but also thereafter.

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Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes that schedule 4 of the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 sets out the practical recommendations for the health surveillance of employees, including keeping records of an employee’s medical and occupational history, and where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each employee who is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine. The Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that workers 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 not only during the period of employment but also thereafter.

Article 6(a). National legislation. The Committee notes the adoption of the Chemicals Act 2008, amended in 2010; the Safety, Health and Welfare (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006), amended in 2010 (S.I. No. 589 of 2010); and the Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011). In addition, the Government states that a classified list of biological agents relating to the Safety, Health and Welfare (Biological Agents) Regulations 1994 (S.I. No. 386 of 1994) (amended in 1998) is being updated and will be published in 2012, along with an associated guidance document and a code of practice. The Committee requests the Government to continue to provide information on the legislative measures adopted in application of the Convention.

Part IV of the report form. Application of the Convention in practice. The Committee notes that carcinogens were relevant in 24 percent of inspections by the Health and Safety Authority in 2010, but adequately addressed in only half of these. The Government has indicated that written advice was issued in all cases where risk assessments were deemed inadequate and remedial measures were reviewed prior to closing out inspections. The Committee welcomes the review of the Occupational Diseases Reporting System, commissioned by the Health and Safety Authority in 2007. The Government indicates that the review identified a weakness in the data regarding occupational cancers in that unless the cancer is unlikely to have a non-occupational cause, such as in the case of mesothelioma which is due to asbestos exposure, attribution of cancer to an occupational cause is difficult. The Committee requests the Government to continue to provide information on the practical application of the Convention.

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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:

Repetition

The Committee takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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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 takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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1. The Committee takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

2. The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

3. Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

4. Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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1. The Committee notes the Government’s report. It notes with interest the adoption of the Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 2001 (S.I. No. 619 of 2001) which provides practical guidance as to the observance of the provisions of the Regulations in relation to occupational exposure limit values for a range of chemical agents as listed in Schedule 1 of the Code, which came into effect on 1 April 2002 and replaced the "2001 Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 1994 (S.I. No. 445 of 1994)". The Committee notes that the 2001 Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations continues to be in conformity with Article 1 of the Convention. The Committee further notes the Government’s indication that the Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 2001 (S.I. No. 619 of 2001) will be revised by the National Authority for Occupational Safety and Health on a biennial basis. The Committee invites the Government to communicate a copy of the revised Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) once it had been adopted.

2. Article 5 of the Convention. The Committee notes the adoption of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) which replaces the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993 (S.I. No. 80 of 1993) and which continues to be in conformity with Article 5 of the Convention. The Committee notes that Regulation 12, paragraph 1, of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) provides for the detailed requirements related to health surveillance. According to Regulation 12, paragraph 1, of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) employers must ensure that health surveillance, where required, is made available prior to exposure and at regular intervals thereafter. The Committee requests the Government to provide particulars of the nature of the examinations, the prescribed tests and their frequency.

3. Part IV of the report form. The Committee notes with interest the findings contained in the Health and Safety Authority Annual Report, 2002. According to the report, the Authority significantly exceeded its targets for the processing of new substances notifications and exemptions due to a period of significant innovations in the pharmaceutical industry. Besides, the Authority was also involved in an extensive consultation on the new EU Chemicals Policy. The Committee further notes the information contained in the report concerning the inspections carried out and the outcomes of the cases, brought before the District and Circuit Courts, which were related to convictions under the Safety, Health and Welfare Act, 1989, and the Regulations adopted thereunder. The Committee invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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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:

        Article 1, paragraph 1, of the Convention. In its previous comment, the Committee noted the Government’s indication that the lists of substances, included as Appendix A and B to the 1993 Guidelines to the Safety, Health and Welfare (Carcinogens) Regulations, would be brought up to date on an annual basis by the National Health and Safety Authority. In response to its request, the Government has sent another copy of the 1993 Safety, Health and Welfare at Work (Carcinogens) Regulations, however, without its Appendices A and B, containing the list of carcinogenic substances. Moreover, the Government does not indicate whether the abovementioned Appendices have been updated as mentioned in its prior report. The Committee therefore would ask the Government to supply, with its next report, copies of the updated Appendices A and B to the abovementioned Regulations containing the list of substances which may cause a risk to the worker’s health because of their chemical, toxic or physical nature.

        Article 5. The Committee notes Regulation 15, paragraph 1(b), of the Safety, Health and Welfare at Work (General Application) Regulations, 1993, and Regulation 12, paragraph 1, of the Safety, Health and Welfare (Carcinogens) Regulations, 1993, providing for health surveillance of workers which includes medical examinations at regular intervals. It also notes the Government’s indication that these medical examinations are compulsory and that in the context of the medical examinations every employer is legally obliged to prepare a safety statement as well as a risk assessment as part of that safety statement (Regulation 10 of the Safety, Health and Welfare at work (General Application) Regulations, 1993). In this context it is explained that a safety statement is an employer’s programme in writing for safeguarding the health of the employees while they work. It represents the employer’s commitment to the employees’ health and safety, and it should therefore show the manner in which this objective is achieved, including the resources necessary for the maintaining and the reviewing of health and safety laws and standards. A risk assessment consists in a careful examination of the place of employment to ascertain what could cause harm to employees in order to take effective preventive measures. In addition to these preventive measures, the Government indicates that the employer is also obliged to monitor the health of workers who may be exposed to hazards to their health. The frequency of these medical examinations depends on the nature of the job performed and the level of risk involved and must therefore be carried out as often as necessary. In this regard, the Committee notes the provision of Regulation 12, paragraph 1(a), in conjunction with its paragraph 2(b) of the 1993 Safety, Health and Welfare (Carcinogens) Regulations, which to the Committee’s understanding, leaves the decisions concerning the frequency of medical examination up to the responsible medical practitioner. The Committee nevertheless requests the Government to confirm that it is the responsible medical practitioner who may decide on the necessity and consequently on the frequency of carrying out medical examinations. It further asks the Government to indicate whether there is a minimum number of medical examinations that must be carried out within a specific period of time during the employment and thereafter, irrespective of the level of risk inherent in the job performed.

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Article 1, paragraph 1, of the Convention.  In its previous comment, the Committee noted the Government’s indication that the lists of substances, included as Appendix A and B to the 1993 Guidelines to the Safety, Health and Welfare (Carcinogens) Regulations, would be brought up to date on an annual basis by the National Health and Safety Authority. In response to its request, the Government has sent another copy of the 1993 Safety, Health and Welfare at Work (Carcinogens) Regulations, however, without its Appendices A and B, containing the list of carcinogenic substances. Moreover, the Government does not indicate whether the abovementioned Appendices have been updated as mentioned in its prior report. The Committee therefore would ask the Government to supply, with its next report, copies of the updated Appendices A and B to the abovementioned Regulations containing the list of substances which may cause a risk to the worker’s health because of their chemical, toxic or physical nature.

Article 5.  The Committee notes Regulation 15, paragraph 1(b), of the Safety, Health and Welfare at Work (General Application) Regulations, 1993, and Regulation 12, paragraph 1, of the Safety, Health and Welfare (Carcinogens) Regulations, 1993, providing for health surveillance of workers which includes medical examinations at regular intervals. It also notes the Government’s indication that these medical examinations are compulsory and that in the context of the medical examinations every employer is legally obliged to prepare a safety statement as well as a risk assessment as part of that safety statement (Regulation 10 of the Safety, Health and Welfare at work (General Application) Regulations, 1993). In this context it is explained that a safety statement is an employer’s programme in writing for safeguarding the health of the employees while they work. It represents the employer’s commitment to the employees’ health and safety, and it should therefore show the manner in which this objective is achieved, including the resources necessary for the maintaining and the reviewing of health and safety laws and standards. A risk assessment consists in a careful examination of the place of employment to ascertain what could cause harm to employees in order to take effective preventive measures. In addition to these preventive measures, the Government indicates that the employer is also obliged to monitor the health of workers who may be exposed to hazards to their health. The frequency of these medical examinations depends on the nature of the job performed and the level of risk involved and must therefore be carried out as often as necessary. In this regard, the Committee notes the provision of Regulation 12, paragraph 1(a), in conjunction with its paragraph 2(b) of the 1993 Safety, Health and Welfare (Carcinogens) Regulations, which to the Committee’s understanding, leaves the decisions concerning the frequency of medical examination up to the responsible medical practitioner. The Committee nevertheless requests the Government to confirm that it is the responsible medical practitioner who may decide on the necessity and consequently on the frequency of carrying out medical examinations. It further asks the Government to indicate whether there is a minimum number of medical examinations that must be carried out within a specific period of time during the employment and thereafter, irrespective of the level of risk inherent in the job performed.

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The Committee notes the information supplied in the Government's first report. It would welcome additional information on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes the lists of substances, included as Appendix A and B to the Guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993, which, because of their chemical, toxic or physical nature, may cause a risk to health. It also notes that the National Health and Safety Authority will update these lists on an annual basis. Finally, it notes the Safety, Health and Welfare at Work (Control of Specific Substances and Activities) Regulations of 1991. The Committee would be grateful, if the Government would supply, with its next report, copies of these Regulations for further examination.

Article 5. The Committee notes that Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993 requires an appropriate health surveillance of workers exposed to carcinogenic substances. It also notes the explanation given by the Guidelines to these Regulations, according to which health surveillance may include a medical examination. Depending on the carcinogen to which the worker is exposed, it can include self-examination or questionnaires, record-keeping, biological monitoring and medical examination. The Committee would point out that Article 5 of the Convention calls in particular for 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. The Committee would therefore request the Government to indicate, in its next report, whether the medical examinations provided for in Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations are obligatory. It would also ask the Government to supply information on the frequency of these medical examinations.