Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the information provided by the Government in its reports in reply to its previous request concerning the measures giving effect to Article 4 of the Convention on providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents.

Article 2(2). Limitation of duration of exposure. The Committee notes the Government’s indication that, pursuant to Chapter V of Act No. 102/2009 on the legal regime for promoting occupational safety and health, amended by Act No. 3/2014, exposure assessments are conducted on a quarterly basis with a view to removing workers from the workplace or reducing the duration of exposure when it is not practicable to reduce the intensity of exposure to a hazardous factor. It also notes information provided related to the substitution of certain substances and on measures taken related to minimizing occupational exposure to asbestos. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that the duration of workers’ exposure to carcinogenic substances is reduced to the minimum compatible with safety, including information on the specific measures taken with respect to substances other than asbestos.

Application in practice. The Committee notes the detailed statistical information provided by the Government for the 2009–13 period. It notes in particular the Government’s indication that 44 new cases of occupational cancer were recorded by the Social Security Institute between 2009–14, including 34 cases of bronco-pulmonary fibrosis and six cases of mesothelioma. It also notes that, while national statistics regarding cancer-related deaths do not specify the number of cases which could be attributed to carcinogenic or mutagenic factors, it is estimated that 900 of the 23,000 annual cancer-related deaths have occupational origins. The Committee requests the Government to continue to provide detailed information on the manner in which the Convention is applied in the country, including statistical information concerning the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and cause of cases of occupational disease, etc.