Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. The Committee notes the information contained in the Government’s report.

2. Article 1, paragraphs 1 and 3, of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. With reference to its previous comments, the Committee notes that for many years it has been drawing the Government’s attention to the need to take measures to determine periodically the carcinogenic substances and agents to which occupational exposure shall be prohibited or authorized or controlled by a special body. The Committee notes that the Government, according to its last report, has not undertaken a revision of the schedule to Supreme Decree No. 007-93-TR determining carcinogenic and co‑carcinogenic substances and agents. It also notes the Government’s reference to ministerial resolution No. 243-2005/MINSA of 22 March 2005, through which the Ministry of Health published on its web site draft amendments to the permissible limit values for chemical agents in the working environment, approved by Supreme Decree No. 0258-75-SA, indicating that schedule II to the above document contains permissible limit values for carcinogenic chemical agents in the working environment and that schedule III includes the list of carcinogenic chemical agents with which contact shall be avoided. Noting that the prohibition, authorization and control of substances and agents that are periodically determined is a very important aspect of the application of the Convention, and that the Ministries of Labour and Employment Promotion and of Health have established the Occupational Cancer Prevention and Control Commission, the Committee hopes that the Government will, in the near future, complete the process of determining the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and it requests the Government to provide information on the progress achieved in this respect.

3. Article 3. Establishment of a system of records. The Committee notes that, according to the Government’s report, there is no system in the country for the recording of cases of occupational cancer and/or occupational diseases and that the National Health Institute nevertheless registers occupational diseases when medical assessments are undertaken in work centres or when workers undergo occupational medical assessment. The Committee recalls that, in accordance with this Article, an appropriate system of records has to be established and it trusts that the Government will take the necessary measures to ensure the existence of such a system in the near future. It requests the Government to provide information on the progress achieved in this respect.

4. The Committee is addressing a request directly to the Government on other matters.