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

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

The Committee has noted the information supplied in the Government's reports for the period ending 30 June 1989 and 30 June 1990, as well as the Government' latest report received in December 1991. In particular, the Committee notes with interest the adoption of Legislative Decree No. 277 of 15 August 1991 which gives effect to EEC Directives 80/1107, 82/605, 83/477, 86/188 and 88/642 concerning the protection of workers against hazards of exposure to chemical, physical and biological agents. The Committee has also taken note of the various comments and collective agreements provided with the Government's report from the ASAP and CONFCOMERCIO. The Government is requested to provide further information on the following points:

1. The Committee notes that Legislative Decree No. 277 sets forth the measures to be taken for workers exposed to chemical, physical and biological agents which are dangerous to the health and sets out specific measures to be taken with regard to lead and asbestos. In its report for the period ending 30 June 1989, the Government had indicated that a National Advisory Commission on Toxic Substances exists to periodically establish a list of carcinogenic substances used in industry. The Government is requested to provide a copy of the most recent list established by the National Advisory Commission and to indicate whether the substances contained therein are subject to Legislative Decree No. 277 as they would be considered to be chemical agents by virtue of the definition given in section 3 of the Decree.

Furthermore, the Committee recalls that Article 1, paragraph 3, of the Convention provides that ILO codes of practice and guides, as well as information from other competent bodies, should be taken into consideration when determining the carcinogenic substances to be prohibited or controlled. In this regard, the Committee would draw the Government's attention to the ILO guide entitled "Occupational Cancer: Prevention and Control" (second edition, 1988, published as Occupational Safety and Health Series No. 39). Appendix I of this guide sets forth an indicative list of carcinogenic substances and agents the use of which should be prohibited or controlled. The Committee requests the Government to keep it informed of any other carcinogenic substances or agents, determined by the competent authority, to which occupational exposure shall be prohibited or made subject to authorisation or control and to continue to indicate the manner in which consideration is given to the latest international information in this regard.

Finally, the Committee notes the reference in the Government's report under Convention No. 136 concerning Benzene to EEC Directive No. 90/394 concerning the protection of workers against hazards arising from exposure to carcinogens. It notes that the adoption of such regulations in Italy is to be effected by Legislative Decree. The Government is requested to indicate, in its next report, whether these regulatons have been adopted and to provide a copy of the relevant decree.

2. The Committee notes that section 2 of Legislative Decree No. 277 excludes work in shipping and air transport. The Committee notes that Article 6(b) provides that persons or bodies on whom the obligation of compliance with the provision with the Convention rests shall be specified. It would note, however, that, only under Article 1, paragraph 2, may exemptions be granted and only as concerns carcinogenic substances or agents which are prohibited. Furthermore, such exemptions are to be granted on a case-by-case basis and a certificate must be issued specifying the conditions to be met in each case. The Government is, therefore, requested to indicate the manner in which compliance with regard to the prohibition, authorisation or control of carcinogenic substances or agents in the workplace is ensured in the fields of shipping and air transport.

3. The Committee notes that no information has been provided concerning the practical application of the Convention as called for in point IV of the report form. The Committee, therefore, hopes that the Government will be able to provide information in its future reports concerning the number of workers covered by the relevant legislation, the number of violations detected by the inspection service, as well as the number of occupational diseases caused by the use of carcinogenic substances in the workplace.