Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Occupational Cancer Convention, 1974 (No. 139) - Guinea (Ratification: 1976)

The Committee notes the information provided by the Government in reply to its previous comments. It would like to draw the Government’s attention to the following point.

Article 2, paragraph 1, of the Convention. The Committee notes the Government’s explanation of the concept of "given circumstances" used in section 4 of Order No. 93/4794/MRAFDPT/DNTLS, under which the employer has to replace a carcinogenic substance by another non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the given circumstances. The Government indicates that the exposure of workers to carcinogenic substances, as reaffirmed in Appendix 3, has to be reduced as much as possible, especially during the procedures set forth in the same Appendix. The employer is therefore under the obligation to take adequate technical prevention measures and to ensure appropriate individual protection. The Committee notes that this interpretation significantly dilutes the objective of section 4 of the Order. It recalls that the objective of Article 2, paragraph 1, of the Convention is not only a reduction of the exposure of the workers concerned, but the replacement of carcinogenic substances by less harmful substances. The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.