Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Occupational Cancer Convention, 1974 (No. 139) - Italy (Ratification: 1981)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information in the Government’s most recent report including its response to the Committee’s previous comments. The Committee notes the information that the Government intends to give increased attention to accidents at work and that through the recently adopted Law concerning the reorganization and reform of standards on health and safety (Act No. 123 of 3 August 2007), the Government has received delegated authority to reorganize and reform the standards on occupational safety and health, to improve the cooperation between and vigilance exerted by the different national authorities supervising compliance with national legislation on occupational safety and health. The Committee requests the Government to keep it informed on all measures taken to implement this national reform in the area of occupational safety and health, including on specific actions taken to improve the application of the present Convention.

Article 1(1)–(3) of the Convention. Prohibited substances or substances subject to authorization. The Committee notes the information submitted by the Government on the adoption of Legislative Decree No. 257 of 25 July 2006 (OG, No. 211 of 11 September 2006) concerning cessation of the use of asbestos. The Committee notes, inter alia, that the maximum exposure limit for all types of asbestos has now been lowered to the EU standard (see Directive 2003/18/CE regarding exposure of workers to the risks arising from asbestos) of 0.1 fibres per cubic centimetre of air measured as a time-weighted average over eight hours, and that any demolition activity and removal of asbestos can only be carried out by recognized entities qualified to carry out such work. The Committee requests the Government to continue to provide information on the practical application of these provisions of the Convention, including on progress made concerning the implementation of Legislative Decree No. 257 of 25 July 2006 concerning cessation of the use of asbestos.

Article 3. Preventive measures and record keeping. In response to its previous comments, including the observations made by the Italian General Confederation of Workers (CGIL), the Italian Confederation of Trade Unions (CISL) and the Union of Italian Workers (UIL) that relevant legislative provisions calling for the establishment of an appropriate system of records have not been effectively implemented in practice, the Committee welcomes the information that the Government has initiated work, inter alia, with the assistance of the Higher Institute for Occupational Safety and Health (ISPESL), for the realization of an information system capable of determining carcinogenic situations at work, as provided for in Section 71 of Legislative Decree No. 626/94 on job security (as amended). Against this background, the Committee requests the Government to continue to report on the application of this provision of the Convention, including on progress as regards the initiative to reform its system for keeping records.

Article 5. Alternative employment. With reference to its previous comments, the Committee notes that the Government’s report does not provide any additional information in this respect. The Committee therefore reiterates its request to the Government to provide additional information on the application in practice of this Article of the Convention.

Part IV of the report form and Article 6(c).  With reference to its previous comments, the Committee notes the updated information on exposure data and documented estimates of the number of exposed workers by country, carcinogen, and industry based on the carcinogen exposure (CAREX) database. The Committee notes that for the period 2000–03, the CAREX report submitted includes data on 85 CAREX agents reassessed, taking into account changes in exposure patterns and in numbers of employees by industrial class. According to this CAREX report, out of 21.8 million employees in Italy (broken down as 19.4 in industry and services, and 2.4 in agriculture), 4.2 million (or slightly less than 20 per cent of the workforce) were exposed to the agents included in the study. Prevalence of exposure was highest for environmental (passive) tobacco smoke (800,000 exposures); solar radiation (700,000); diesel engine exhaust (500,000); wood dust (280,000); silica (250,000); lead and inorganic lead compounds (230,000); benzene (180,000); hexavalent chromium compounds (160,000); glass wool (140,000); and PAHs (polycyclic aromatic hydrocarbons) (120,000). According to this updated study the ten most common exposures remain “the same as those already identified in CAREX”, with the “relevant exception of asbestos”. The Committee notes that former and current CAREX estimates indicate that asbestos exposure would have decreased with approximately 80 per cent from 352,691 exposures to 76,100. While noting this updated and informative study, the Committee again requests the Government to provide further and more recent information on the manner in which the Convention is applied in Italy, based on extracts from labour inspection reports and, if such statistics are available, the number of workers covered by the legislation, disaggregated by gender if possible, or other measures which give effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of the diseases, etc.

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