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

Occupational Cancer Convention, 1974 (No. 139) - Argentina (Ratification: 1978)

Articles 1 and 3 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Records. The Committee notes with interest SRT Resolution No. 415/2002, which: provides for the maintenance by the Occupational Risks Supervisory Authority, of a “Record of Carcinogenic Substances and Agents”; updates the list of carcinogenic substances and agents in Annex I to DNHST Provision No. 01/95; approves the form for the entry of data in the Record of Carcinogenic Substances and Agents; provides for the registration of the employers concerned and establishes that employers are to keep clinical histories of workers liable to be exposed for a period of 40 years. It also notes SRT Resolution No. 310/03 amending the annex listing these agents. The Committee requests the Government to indicate the procedures for periodically determining and updating the carcinogenic substances and agents to which the provisions of Article 1(1) of the Convention apply.

Article 2. Replacement of carcinogenic substances and agents. The Committee requests the Government to indicate the measures adopted with a view to replacing carcinogenic substances or agents, such as asbestos, by non-carcinogenic, or less harmful, substances or agents.

Article 3. Protective measures. The Committee requests the Government to provide information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, such as asbestos and ionizing radiations.

Article 5. Medical examinations for workers during the period of employment and thereafter. In its previous comments, noting the compulsory nature of medical examinations, the Committee pointed out that the need to examine workers after they have ceased employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, since from a clinical and pathological point of view there is no difference between occupational cancer and non-occupational forms of the disease. The aim, therefore, is to make a final evaluation of workers’ health and compare it with previous medical examinations to see whether the job assignments in the course of employment have affected the health of workers. It asked the Government to take the necessary steps to assess the exposure of workers and check their state of health in relation to occupational hazards not only in the course of employment and before separation, but also after termination of the employment relationship. The Committee notes SRT Resolution No. 37/2010 establishing the medical examinations that are to be included in the occupational risks system. The Committee notes that according to section 5 of the Resolution, examinations after employment are optional. The Committee again points out that post-employment medical examinations are compulsory and once again asks the Government to take the necessary steps to bring its legislation and practice into conformity with the Convention, ensuring that all the examinations referred to in this Article of the Convention are made compulsory, and to provide information in this regard.

Part IV of the report form. Application in practice. The Committee requests the Government to provide information of a general nature on the manner in which the Convention is applied, including information on the number of workers protected by the legislation and the number and nature of the infringements detected and diseases reported that relate to the Convention.