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

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government communicated the following information:

Following the National Tripartite Seminar concerning the Labour Code provisions relevant to occupational safety and health held from 7 to 11 May 1990, organised with the assistance of the ILO, a draft text was elaborated concerning the application of the Occupational Cancer Convention and the Benzene Convention. This project, after consultation, will be adopted in the near future.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

A Government representative stated that after the labour legislation had been revised, with the help of the technical services of the Office, many provisions had been substantially modified as regards hygiene and occupational safety and health in the workplace. ILO standards had often served as a source of inspiration, despite the fact that Conventions which had been ratified had not always been accompanied by legislative texts necessary for their implementation. The present Convention was an example of such a ratified Convention. The new Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, provided for the adoption of legislation for the application of certain provisions relating to health and safety in the workplace. The drafting of such texts was achieved with the collaboration of the social partners, notably the trade unions. Progress was slow due to the lack of documents and there were plans to revise, inter alia, the list of occupational diseases and the definition of hazardous substances. He added that, for the first time, reliable information was available and the help of the Office was welcomed by all. His delegation's mandate was to contact the Office's technical services with a view to drawing up as quickly as possible an adequate legal framework for protection against occupational diseases and occupational cancer in particular. Comments made by the Committee of Experts would thus be followed up.

The Employers' members considered the information provided by the Government representative to be positive in that, 13 years after ratification of Convention No. 139, the main legislative provisions on occupational safety and health matters had been adopted. Nevertheless, the specific measures needed to ensure full conformity with the provisions of Convention No. 139 were still lacking. They viewed positively the fact that the Government was ready to request the assistance of the Office to ensure that the provisions adopted which deal with highly technical and complex questions enabled the provisions to be implemented correctly. They hoped that, with the help of the Office, the necessary first steps could be taken to implement protective measures against occupational diseases and occupational cancer.

The Workers' members drew attention to one very positive point, namely, that Guinea had ratified the present Convention just two years after its adoption. Nevertheless, they considered that progress was very slow on its implementation. Referring to the comments of the Committee of Experts in 1984, 1986 and 1989, they stressed the usefulness of the Office's help, since the new Labour Code was prepared with its assistance, but they noted that regulations were still lacking in the fields covered by the Convention. They felt that the technical assistance of the ILO should be requested as regards the development of regulations to implement the Convention's provisions requiring very specific technical measures which were difficult to define. They thought it was necessary to adopt appropriate laws and regulations with which effectively to combat the plague of occupational cancer and to guarantee conformity with the present Convention.

The Committee took note of the information provided by the Government representative. The Committee noted, however, that the ordinances and the specific measures noted by the Committee of Experts were still not stated so as to bring law and practice into conformity with the Convention. The Committee noted, however, the wish expressed by the Government for assistance from the ILO in this field. The Committee therefore requested the Government to take all necessary steps for the ordinances and the application texts to be adopted so as to make it possible at an early date for the full application in law and in practice of the Convention in question to take effect. The Committee expressed the hope that concrete progress in this respect could be reported to it by the next meeting of the Committee of Experts and therefore to this Committee next year.

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

Legislation. Referring to the comments that it has been making for a number of years, the Committee notes the Government’s indication that, even though the new Labour Code of 10 January 2014 does not contain any specific provisions governing the use of carcinogenic products, steps will be taken to update Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993 concerning the prevention of occupational cancer and to ensure its conformity with the Convention, particularly with regard to Article 2(1) on the replacement of carcinogenic substances and agents. The Committee urges the Government to take all the necessary steps to ensure the conformity of Order No. 93/4794/MARAFDPT/DNTLS with the Convention, to provide information on all progress made in this respect, and to send a copy of any new legislative text giving effect to the Convention.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including any relevant extracts from inspection reports and, where it exists, statistical information on the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of diseases recorded, etc.

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

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Referring to the comments the Committee has been making for several years concerning Article 2, paragraph 1, of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its previous comments. It would like to draw the Government’s attention to the following point.

Article 2, paragraph 1, of the Convention. The Committee notes the Government’s explanation of the concept of "given circumstances" used in section 4 of Order No. 93/4794/MRAFDPT/DNTLS, under which the employer has to replace a carcinogenic substance by another non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the given circumstances. The Government indicates that the exposure of workers to carcinogenic substances, as reaffirmed in Appendix 3, has to be reduced as much as possible, especially during the procedures set forth in the same Appendix. The employer is therefore under the obligation to take adequate technical prevention measures and to ensure appropriate individual protection. The Committee notes that this interpretation significantly dilutes the objective of section 4 of the Order. It recalls that the objective of Article 2, paragraph 1, of the Convention is not only a reduction of the exposure of the workers concerned, but the replacement of carcinogenic substances by less harmful substances. The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to its previous comments. It would like to draw the Government’s attention to the following point.

Article 2, paragraph 1, of the Convention. The Committee notes the Government’s explanation of the concept of "given circumstances" used in section 4 of Order No. 93/4794/MRAFDPT/DNTLS, under which the employer has to replace a carcinogenic substance by another non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the given circumstances. The Government indicates that the exposure of workers to carcinogenic substances, as reaffirmed in Appendix 3, has to be reduced as much as possible, especially during the procedures set forth in the same Appendix. The employer is therefore under the obligation to take adequate technical prevention measures and to ensure appropriate individual protection. The Committee notes that this interpretation significantly dilutes the objective of section 4 of the Order. It recalls that the objective of Article 2, paragraph 1, of the Convention is not only a reduction of the exposure of the workers concerned, but the replacement of carcinogenic substances by less harmful substances. The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret 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 direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDTP/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret 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 direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDTP/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 direct request, which read as follows:

        Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDTP/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDPT/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes with satisfaction Order No. 93/4794/MRAFPT/DNTLS of 4 June 1993 on the prevention of occupational cancer, issued in application of the Convention and of section 171 of the Labour Code, which establishes a legal framework for protection against occupational cancer.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making since 1983, the Committee has noted that no specific measures have been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention. In 1990, the Committee noted that, during the discussion concerning the application of this Convention in the Committee on the Application of Standards in the 1989 Conference, the Government expressed its wish for technical assistance from the ILO with a view to drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee hoped that practical progress could be reported before its 1990 meeting. This ILO technical assistance was provided prior to the International Labour Conference in 1990. In its latest report for the period ending 15 October 1991, the Government stated that the draft text concerning occupational cancer, formulated with the technical assistance of the ILO, would be signed in the very near future in order to give full effect to the provisions of the Convention. The Committee once again hopes that the Government will make every effort to take the necessary measures in the very near future to give effect to the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In the comments that it has been making since 1983, the Committee has noted that no specific measures have been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention.

In 1990, the Committee noted that, during the discussion concerning the application of this Convention in the Committee on the Application of Standards in the 1989 Conference, the Government expressed its wish for technical assistance from the ILO with a view to drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee hoped that practical progress could be reported before its 1990 meeting. This ILO technical assistance was provided prior to the International Labour Conference in 1990. In its latest report for the period ending 15 October 1991, the Government stated that the draft text concerning occupational cancer, formulated with the technical assistance of the ILO, would be signed in the very near future in order to give full effect to the provisions of the Convention.

The Committee once again hopes that the Government will make every effort to take the necessary measures in the very near future to give effect to the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that no report has been received from the Government. 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 direct request, which read as follows:

With reference to its observation, the Committee noted with interest the Government's request for ILO technical assistance. The Committee hoped that with this assistance, the Government would be able to take the necessary steps to adopt specific measures for the prevention and control of occupational cancer and that such measures would give full effect to the following provisions of the Convention:

Article 1 (Determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, and those to which other provisions of this Convention shall apply.)

Article 2 (Replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents and reduction of the number of workers exposed to them and the duration and degree of such exposure.)

Article 3 (Specific measures to protect workers against the risks of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records.)

Article 4 (The provision of information to workers who have been exposed to carcinogenic substances or agents on the dangers involved and on the measures to be taken to provide protection.)

Article 5 (Medical examination of workers who have been exposed after their period of employment. This examination, in the same way as the examination that must be made of workers before their recruitment and during employment, by virtue of section 193 of the Labour Code, must include, in the case of workers who have been exposed to carcinogenic substances or agents, biological or other tests or investigations that are necessary to evaluate their exposure and supervise their state of health.)

The Committee also recommended the provisions of the Occupational Cancer Recommendation, 1974 (No. 147), and the revised 1988 edition of the manual "Occupational cancer: Prevention and control" published by the ILO (Occupational Safety and Health Series, No. 39) for guidance in the drafting of laws, regulations or technical measures for the full application of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that no report has been received from the Government. It must therefore refer to its previous observation concerning the following matters:

In earlier comments, the Committee had noted that no specific measures had been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention.

The Committee noted with interest that, during the discussion concerning the application of this Convention at the Committee on the Application of Standards to the 1989 Conference, the Government had expressed its wish for technical assistance from the ILO with a view towards drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee had expressed the hope that concrete progress in this respect would be reported prior to the meeting of this Committee in 1990.

The Committee understood that ILO technical assistance should occur prior to the International Labour Conference in June 1990 and hoped that, with this assistance, the Government would be able to take, in the very near future, the necessary steps for the application of the Convention in law and in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail for the period ending 30 June 1991.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its observation, the Committee notes with interest the Government's request for ILO technical assistance. The Committee hopes that with this assistance, the Government will be able to take the necessary steps to adopt specific measures for the prevention and control of occupational cancer and that such measures will give full effect to the following provisions of the Convention:

Article 1 (Determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, and those to which other provisions of this Convention shall apply.)

Article 2 (Replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents and reduction of the number of workers exposed to them and the duration and degree of such exposure.)

Article 3 (Specific measures to protect workers against the risks of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records.)

Article 4 (The provision of information to workers who have been exposed to carcinogenic substances or agents on the dangers involved and on the measures to be taken to provide protection.)

Article 5 (Medical examination of workers who have been exposed after their period of employment. This examination, in the same way as the examination that must be made of workers before their recruitment and during employment, by virtue of section 193 of the Labour Code, must include, in the case of workers who have been exposed to carcinogenic substances or agents, biological or other tests or investigations that are necessary to evaluate their exposure and supervise their state of health.)

The Committee also recommends the provisions of the Occupational Cancer Recommendation, 1974 (No. 147), and the revised 1988 edition of the manual "Occupational cancer: Prevention and control" published by the ILO (Occupational Safety and Health Series, No. 39) for guidance in the drafting of laws, regulations or technical measures for the full application of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In earlier comments, the Committee noted that no specific measures have been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention.

The Committee notes with interest that, during the discussion concerning the application of this Convention at the Committee on the Application of Standards to the 1989 Conference, the Government expressed its wish for technical assistance from the ILO with a view towards drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee expressed the hope that concrete progress in this respect would be reported prior to the meeting of this Committee in 1990.

The Committee understands that ILO technical assistance shall occur prior to the International Labour Conference in June and hopes that, with this assistance, the Government will be able to take, in the very near future, the necessary steps for the application of the Convention in law and in practice.

[The Government is asked to report in detail for the period ending 30 June 1990.]