Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Occupational Cancer Convention, 1974 (No. 139) - Russian Federation (Ratification: 2017)

The Committee notes the Government’s first report.

Article 2 of the Convention. Replacement of carcinogenic substances and agents. The Committee notes the information in the Government’s report that, according to paragraph 3.1 of the Sanitary Rules and Regulations 1.2.2353-08 on Carcinogenic Factors and Basic Requirements for the Prevention of Carcinogenic Hazards of 2008 (hereafter Sanitary Rules and Regulations), legal entities and individual entrepreneurs whose organization’s activities may give rise to a carcinogenic hazard are required to take measures to eliminate or reduce that hazard. Paragraph 3.2 further provides that measures shall be taken avoid human contact with carcinogenic substances in industrial and domestic spheres, and that legal entities and individual entrepreneurs should use technological and manufacturing processes that do not give rise to the emergence and release of these substances into the surrounding environment. The Committee requests the Government to provide further information on the concrete measures taken to ensure the replacement of carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents. It also requests the Government to indicate how the choices of substitute substances or agents are made, taking into consideration of their carcinogenic, toxic and other properties.

Article 5. Medical examinations. The Committee notes that paragraph 3.9 of the Sanitary Rules and Regulations requires preliminary and periodical medical examinations for workers exposed to carcinogenic substances or agents. Moreover, the Ministry of Health and Social Development Decision No. 302n of 2011 provides for the list of harmful and hazardous occupational factors and jobs which require medical examinations and the detailed procedure for these examinations. According to the relevant Decision, workers exposed to carcinogenic substance or agents shall undergo a preliminary medical examination and annual check-up, with the participation of specialists and targeted medical investigations. The Government also indicates that after workers stop working at a facility where there is exposure to carcinogenic substances and factors, they undergo health screening and are subject to monitoring at the expense of the Federal Compulsory Medical Insurance Fund, in accordance with legal requirements. The Committee requests the Government to provide further information on the legal requirements referred to in its report for post-employment health monitoring for workers who were exposed to carcinogenic substances or agents.

Article 6(a). Consultation with organizations of employers and workers. The Committee requests the Government to provide information on the consultations undertaken with organizations of employers and workers regarding the necessary measures to give effect to the provisions of this Convention, including in the process of the adoption of relevant legislation, regulations, rules and federal and regional programmes.

Article 6(c). Inspections and sanctions. Application in practice. The Committee notes the Government’s indication that state supervision of the application of the requirements of sanitary rules is performed by the federal executive bodies responsible for state public health inspection, namely the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare and its regional agencies. It also notes that the supervision is carried out in accordance with relevant administrative regulations and that violations of sanitary and epidemiological rules are punishable by disciplinary, administrative and criminal sanctions. The Committee requests the Government to provide further information on the activities of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare and its regional agencies in ensuring the compliance with relevant national legislation and rules giving effect to the Convention, including the number of inspections carried out, the number of violations detected and the nature of sanctions imposed. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on any collaboration between this body and the Federal Service of Labour and Employment in the application of the Convention. Lastly, it requests the Government to provide information on the number, nature and cause of cases of occupational cancer reported.