Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Occupational Cancer Convention, 1974 (No. 139) - France (Ratification: 1994)

The Committee notes the information provided by the Government in its reports. It notes with interest the adoption of Decree No. 2001-97 of 1 February 2001 establishing particular rules for the prevention of carcinogenic, mutagenic and toxic risks to reproduction and amending the Labour Code (Part Two: Decree in the Council of State), which extends the protection conferred by French legislation in force concerning the prevention of carcinogenic risks, regulated by section R.231-56 ff. of the Labour Code, to the rules of prevention that apply to mutagenic and toxic agents. In this regard, the Committee notes that the abovementioned Decree comprises in particular provisions which reinforce the implementation of the Convention by even exceeding the requirements of its provisions.

However, the Committee, referring to its previous comments, would like to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. The Committee again notes that, under section R.231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, in particular by replacing it, where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee once again asks the Government to indicate the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.

Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures, such as replacement of carcinogenic substances or agents or production and use in a closed system, are not feasible, the employer is required under section R.231-56-3, paragraph 2, of the Labour Code, to reduce the level of exposure to the technically feasible minimum. The measures aimed at reducing the number of workers exposed to carcinogenic substances or agents, as well as the duration and level of exposure, therefore depend on what is "technically feasible". The Convention, for its part, requires that these be reduced to the "minimum compatible with safety". As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating "technical feasibility", how these criteria conform to the required "minimum compatible with safety", and the methods of evaluation.

Part V of the report form. The Committee notes with concern the statistics provided by the Government concerning the number of recognized cases of occupational cancer. It observes that the figure recorded for 1999 (799 cases) is practically double that of 1998 (394 cases). The Committee hopes that the Government will continue to provide information on the practical implementation of the Convention and will take the necessary measures, in the light of the abovementioned figures, to ensure extensive protection of workers against the risks arising from exposure to carcinogenic substances and agents.