Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Cancer Convention, 1974 (No. 139) - Portugal (Ratification: 1999)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes that the Government has supplied a long list of items of legislation adopted during the reporting period. In order to have a better understanding of the impact of these changes on the application of the Convention, the Committee needs precise and up-to-date information on the manner in which the new legislation gives effect to the Convention. The Committee therefore requests the Government to communicate a detailed report indicating the legislative, regulatory and other provisions, and their relevant sections, which give effect to each of the Articles of the Convention. It also requests the Government to provide answers to the following questions.

Article 2(2) of the Convention. Limitation of duration of exposure. With reference to its previous comment the Committee notes that, according to the report, the methods applied to limit the duration of exposure are intervention in the case of a complaint, proactive intervention and particular attention to exposure to asbestos. The Committee notes, however, that the information supplied by the Government does not refer to measures aimed at reducing the number of workers exposed to carcinogenic substances or agents or to the duration or degree of such exposure, as provided for by this provision of the Convention. It hopes that the Government will take the necessary steps in the near future to reduce to a minimum the number of workers exposed to carcinogenic substances or agents (and not only to asbestos), and also the duration and degree of such exposure. The Government is requested to supply information in its next report on the progress made in this respect. The Committee requests the Government in particular to supply more detailed information on chemical agents in the working environment, including in agriculture, and to indicate the steps taken or contemplated to reduce the duration of workers’ exposure to carcinogenic substances other than chemical agents to the minimum compatible with safety.

Article 3. Measures to be taken to protect workers and the establishment of a system of records. The Committee notes that, according to the General Workers’ Union (UGT), it is vitally important to raise the awareness of family doctors with regard to occupational cancer, in order to facilitate the establishment of a causal link between a diagnosed cancer and its possible occupational origin, in view of the fact that many diagnosed cancers are occupational in origin but are not regarded as such. In this context the Committee draws the Government’s attention to the fact that the list of occupational diseases, attached to the List of Occupational Diseases Recommendation, 2002 (No. 194), was revised in 2010. The Committee requests the Government to supply comments on this matter and send information on the steps taken to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records.

Article 4. Information for workers. The Committee notes that the UGT states that the question of available information on risks arising from carcinogenic substances is of vital importance, particularly for small and medium-sized enterprises (SMEs). The UGT considers that this issue should be given clear effect in the national occupational safety and health policy. The Committee requests the Government to supply detailed information on the implementation of this Article, including in SMEs.

Article 5. Medical examinations after termination of employment. In its previous comments the Committee asked the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with the medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. The Committee notes the Government’s statement in its report that Act No. 35/2004 of 29 July 2004, which implements Act No. 99/2003, has tacitly repealed certain provisions, such as Legislative Decree No. 109/2000, to which the Government referred in its previous report. However, the report does not contain any reply to the questions asked by the Committee. The Committee again requests the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. It also requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of cases of occupational disease, etc.