Occupational Cancer Convention, 1974 (No. 139) - Guyana (Ratification: 1983)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislation. The Committee notes the Government’s indication in its report that the final draft of the Regulations on safe use of chemicals at work have been approved by the National Tripartite Committee and are currently being reviewed by the Attorney General’s Chambers. The Regulations will then be presented to Cabinet for approval and then submitted to Parliament for adoption. Noting that the adoption of these Regulations has been pending for many years, the Committee urges the Government to take the necessary measures to ensure that the Regulations on the safe use of chemicals at work are adopted without delay in order to ensure the application of the Convention. The Committee also requests the Government to provide a copy of the Regulations once adopted.

Article 1(1) and (2) of the Convention. List of prohibited or restricted carcinogenic substances or agents. Exemptions from prohibition. In its previous comments, the Committee noted that, pursuant to section 59 of the Occupational Safety and Health (OSH) Act of 1997, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. The Committee notes that the use of 25 chemicals is prohibited or restricted by Schedule 1 of the Regulations made under the Pesticides and Toxic Chemicals Control Act, including six substances (esters, chlordane, chlordimeform, chlorobenzilate, mirex and pentachlorophenol) considered to have carcinogenic effects, all of which are prohibited. The Committee also notes that the Pesticides and Toxic Chemicals Control Board (the Board) of Guyana published an updated list of banned and restricted chemicals, which was adopted in 2018. The Committee further observes that there is no information on the existence of a mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In addition, it notes that the Government’s report does not contain up-to-date information on the exemptions from prohibition, which may only be granted by issuing a certificate specifying in each case the conditions to be met. The Committee therefore requests the Government to provide information on the mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. It also requests the Government to provide the up-to-date list of carcinogenic substances and agents to which occupational exposure is prohibited. In addition, the Committee requests the Government to indicate whether any exemptions from prohibition have been granted by the issuance of a certificate that specifies, for each case, the conditions to be met.

Article 2(1) and (2). Replacement of carcinogenic substances and agents. Number of workers exposed. In its previous comments, the Committee noted the Government’s indication that the National Agriculture Research Institute gave advice to importers to import chemicals that are not carcinogenic, and that farmers and their organizations have been educated on the need to use less carcinogenic chemicals. The Committee notes that the Pesticides and Toxic Chemical Control Act and its Regulations do not contain any provisions providing for the replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances and agents. The Committee also notes the absence of information on the number of workers exposed to carcinogenic substances or agents. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Regulations on the Safe Use of Chemicals at Work contain provisions providing for the obligation to substitute carcinogenic substances and agents whenever possible, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the number of workers exposed to carcinogenic substances or agents.

Article 3. Exposure limits and protective measures. Records of exposure of workers at risk. Following its previous comments, the Committee notes that section 31(1) and (2)(a) and (b) of the Pesticides and Toxic Chemicals Control Act provides that the Board may request the employer to remove the risk of body injury, exhibit notice at the workplace and take special precautions. Moreover, Part X of the Pesticides and Toxic Chemical Control Regulations provides for the protection of workers exposed to pesticides. The Committee observes however that, except for the above-mentioned lists of prohibited chemicals, there are no provisions addressing the risk of exposure to carcinogenic substances or agents. In addition, in its previous comments, the Committee noted that section 61 of the OSH Act 1997 does not give full effect to Article 3 of the Convention, as it only provides for the obligation of the employer to establish and maintain an inventory of all hazardous chemicals and physical agents present at the workplace. The Committee requests the Government to take the necessary measures to protect workers against the risks of exposure to carcinogenic substances or agents by specifying the conditions under which reasonable exposure to carcinogenic substances may be authorized, including permitted exposure limits and specific protective measures, and to provide any policy and/or regulation in this regard. It also once again requests the Government to take the necessary measures to establish an appropriate system of records at the national level to evaluate the different aspects of occupational cancer.

Article 5. Medical examinations. Following its previous comments, the Committee notes that, in accordance with to section 31(2)(c) of the Pesticides and Toxic Chemicals Act, the Board may request the employer to provide periodical medical examinations of workers as prescribed by regulations. The Committee requests the Government to clarify whether this medical examination is a general obligation of employers or if it occurs only upon the request of the Board, and to indicate whether any regulations providing for periodical medical examinations have been adopted. The Committee also requests the Government to indicate whether there is any regulation providing for post-employment medical examinations of workers.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

The Committee notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

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

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the information contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

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

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

Repetition

The Committee notes the information contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

The Committee hopes that the Government will make every effort to take the necessary measures 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 is therefore bound to repeat its previous comment, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft Regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information in its next report on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

The Committee hopes that the Government will do its utmost to take the necessary measures in the near future.

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

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:

Repetition

The Committee notes the information contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information in its next report on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

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:

Repetition

The Committee notes the information contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information in its next report on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

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 contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information in its next report on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

The Committee notes the information contained in the Government’s report. It notes that draft Regulations on the safe use of chemicals at work of 31 January 2003 are currently being discussed. It notes the Government’s statement that these draft Regulations provide protection against occupational cancer and also that it refers to the international exposure limits standard established by the American Conference of Governmental Industrial Hygienists. The Committee further notes that Chapter 3.6 of Annex 2 of the draft Regulations contains rules applicable to carcinogenicity and also notes the Government’s statement that these draft regulations will attempt to provide for medical examinations. The Committee hopes that these Regulations will be adopted in the near future, ensuring the application of the Convention, and that they will also ensure that medical examinations or biological or other tests or investigations are carried out during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee requests the Government to provide information in its next report on measures taken to ensure the application of the Convention and to provide a copy of the Regulations, once they are adopted.

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

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

The Committee notes the Government’s report. It notes the Government’s indication that the draft regulations on the safe use of chemicals at work, to be issued in application of section 75 of the Occupational Safety and Health Act, 1997, which contain preventive and proactive measures to protect workers against the risks of exposure to carcinogenic substances and agents is currently being drafted by an ILO consultant and discussed with the stakeholders. The Committee hopes that the above regulations will be adopted in the near future and that they will give effect to the Convention and in particular to the following Articles of the Convention.

1. Article 1, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee had noted that pursuant to section 59 of the Occupational Safety and Health Act, 1997, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. However, the Government had indicated that neither a regulatory mechanism existed to prohibit or grant certifications specifying the conditions under which reasonable exposure of carcinogenic substances can be met, nor did the Occupational Safety and Health Department determine specific exposure levels for chemical substances proven to be carcinogenic. The Committee, recalling the provision of Article 1 of the Convention, had requested the Government to indicate the measures taken or contemplated to establish a mechanism ensuring that the substances or agents to which occupational exposure is prohibited or subject to authorization and control are determined periodically, so that it is not left to the discretion of the Occupational Safety and Health Authority to determine case by case whether a substance or agent endangers the health of the worker. In this respect, the Government merely indicates in its report that the country does not dispose of a formal list determining carcinogenic substances and agents, but that Guyana is guided by research done by the American Conference of Government Industrial Hygienists (ACGIH). The Committee accordingly requests the Government to explain the framework in which such guidance takes place and to indicate the results of this guidance with regard to the application of this Article of the Convention.

2. Article 2. With regard to the replacement of carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic or less harmful substances, the Committee notes the Government’s indication to the effect that the National Agriculture Research Institute (NARI) does the necessary research and that it gives advice to importers to import chemicals that are not carcinogenic. In addition, farmers and their organizations are educated on the need to use less carcinogenic chemicals. The Committee understands from the Government’s indications that the final decision concerning the possible substitution of carcinogenic substances and agents by non- or less harmful substances and agents is left to the discretion of the importers and users, like farmers. It accordingly hopes that the draft regulations on the safe use of chemicals at work will contain a regulation providing for the obligation to substitute carcinogenic substances and agents whenever possible. The Committee further hopes that the above regulations will also provide for the reduction of the number of workers as well as the duration and degree of exposure to carcinogenic substances and agents to the minimum compatible with safety, in order to give full effect to this Article of the Convention.

3. Article 3. Referring to its previous comments and with regard to the establishment of permissible exposure limits in the framework of measures to be taken pursuant to Article 3 of the Convention to protect the workers against the risks of exposure, the Committee notes the Government’s indication that Guyana is guided by research done by the ACGIH. The Committee, noting that one of the main activities of the ACGIH is the establishment of threshold limit values for chemical substances and physical agents, requests the Government to indicate whether the threshold limits set forth by the ACGIH have a binding character and are in deed observed in the country. As to the establishment of an appropriate system of records of exposure of workers at risk, the Committee recalls again that the provision of section 61 of the Occupational Safety and Health Act, 1997, does not give full effect to Article 3 of the Convention, since it obliges only the employer to establish and maintain an inventory of all hazardous chemicals and physical agents present at the workplace. The Committee therefore draws the Government’s attention to Paragraph 15, subparagraphs 1 and 2, of the Occupational Cancer Recommendation, 1974 (No. 147), recommending the establishment and maintenance of a system of records by the competent authority in association with individual employers. Moreover, it is indicated in the ILO publication Occupational cancer: Prevention and control, Occupational Safety and Health Series No. 39, that the purpose of a register containing the names of exposed persons, the result of technical monitoring, special medical examinations and laboratory tests performed on these workers is to permit the competent authority "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action. In this way, increased knowledge of the various aspects of occupational epidemiology can be gained". The Committee accordingly requests the Government to take the necessary measures to establish an appropriate system of records on national level in order to evaluate the different aspects of occupational cancer.

4. Article 5. The Committee notes the Government’s indication that there is currently no regulation providing for medical examinations of workers during the period of employment and thereafter, but that this requirement will be addressed in the proposed draft regulations on chemicals which is being drafted by an ILO consultant. The Committee therefore hopes that the above draft regulations will be adopted in the near future to ensure that workers will be provided with, inter alia, medical examinations during the period of employment and thereafter, to give effect to this Article of the Convention.

5. Article 6(a). The Committee notes the Government’s indication that the existing legislation applicable, namely the Occupational Safety and Health Act, 1997, will soon be supplemented by regulations in order to give full effect to the provisions of the Convention. The Committee requests the Government to keep it informed on every progress accomplished with regard to the elaboration of the regulations on chemicals.

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

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

The Committee notes the Government’s report. It notes the Government’s indication that the draft regulations on the safe use of chemicals at work, to be issued in application of section 75 of the Occupational Safety and Health Act, 1997, which contain preventive and proactive measures to protect workers against the risks of exposure to carcinogenic substances and agents is currently being drafted by an ILO consultant and discussed with the stakeholders. The Committee hopes that the above regulations will be adopted in the near future and that they will give effect to the Convention and in particular to the following articles of the Convention.

1. Article 1, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee had noted that pursuant to section 59 of the Occupational Safety and Health Act, 1997, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. However, the Government had indicated that neither a regulatory mechanism existed to prohibit or grant certifications specifying the conditions under which reasonable exposure of carcinogenic substances can be met, nor did the Occupational Safety and Health Department determine specific exposure levels for chemical substances proven to be carcinogenic. The Committee, recalling the provision of Article 1 of the Convention, had requested the Government to indicate the measures taken or contemplated to establish a mechanism ensuring that the substances or agents to which occupational exposure is prohibited or subject to authorization and control are determined periodically, so that it is not left to the discretion of the Occupational Safety and Health Authority to determine case by case whether a substance or agent endangers the health of the worker. In this respect, the Government merely indicates in its report that the country does not dispose of a formal list determining carcinogenic substances and agents, but that Guyana is guided by research done by the American Conference of Government Industrial Hygienists (ACGIH). The Committee accordingly requests the Government to explain the framework in which such guidance takes place and to indicate the results of this guidance with regard to the application of this Article of the Convention.

2. Article 2. With regard to the replacement of carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic or less harmful substances, the Committee notes the Government’s indication to the effect that the National Agriculture Research Institute (NARI) does the necessary research and that it gives advice to importers to import chemicals that are not carcinogenic. In addition, farmers and their organizations are educated on the need to use less carcinogenic chemicals. The Committee understands from the Government’s indications that the final decision concerning the possible substitution of carcinogenic substances and agents by non- or less harmful substances and agents is left to the discretion of the importers and users, like farmers. It accordingly hopes that the draft regulations on the safe use of chemicals at work will contain a regulation providing for the obligation to substitute carcinogenic substances and agents whenever possible. The Committee further hopes that the above regulations will also provide for the reduction of the number of workers as well as the duration and degree of exposure to carcinogenic substances and agents to the minimum compatible with safety, in order to give full effect to this Article of the Convention.

3. Article 3. Referring to its previous comments and with regard to the establishment of permissible exposure limits in the framework of measures to be taken pursuant to Article 3 of the Convention to protect the workers against the risks of exposure, the Committee notes the Government’s indication that Guyana is guided by research done by the ACGIH. The Committee, noting that one of the main activities of the ACGIH is the establishment of threshold limit values for chemical substances and physical agents, requests the Government to indicate whether the threshold limits set forth by the ACGIH have a binding character and are in deed observed in the country. As to the establishment of an appropriate system of records of exposure of workers at risk, the Committee recalls again that the provision of section 61 of the Occupational Safety and Health Act, 1997, does not give full effect to Article 3 of the Convention, since it obliges only the employer to establish and maintain an inventory of all hazardous chemicals and physical agents present at the workplace. The Committee therefore draws the Government’s attention to Paragraph 15, subparagraphs 1 and 2, of the Occupational Cancer Recommendation, 1974 (No. 147), recommending the establishment and maintenance of a system of records by the competent authority in association with individual employers. Moreover, it is indicated in the ILO publication Occupational cancer: Prevention and control, Occupational Safety and Health Series No. 39, that the purpose of a register containing the names of exposed persons, the result of technical monitoring, special medical examinations and laboratory tests performed on these workers is to permit the competent authority "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action. In this way, increased knowledge of the various aspects of occupational epidemiology can be gained". The Committee accordingly requests the Government to take the necessary measures to establish an appropriate system of records on national level in order to evaluate the different aspects of occupational cancer.

4. Article 5. The Committee notes the Government’s indication that there is currently no regulation providing for medical examinations of workers during the period of employment and thereafter, but that this requirement will be addressed in the proposed draft regulations on chemicals which is being drafted by an ILO consultant. The Committee therefore hopes that the above draft regulations will be adopted in the near future to ensure that workers will be provided with, inter alia, medical examinations during the period of employment and thereafter, to give effect to this Article of the Convention.

5. Article 6(a). The Committee notes the Government’s indication that the existing legislation applicable, namely the Occupational Safety and Health Act, 1997, will soon be supplemented by regulations in order to give full effect to the provisions of the Convention. The Committee requests the Government to keep it informed on every progress accomplished with regard to the elaboration of the regulations on chemicals.

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

The Committee notes the information provided with the Government’s report. The Committee notes that the Occupational Safety and Health Act has been adopted in 1997 with the technical assistance of the ILO. It notes that the Act gives effect to Articles 4 and 6(b) and (c) of the Convention.

Moreover, the Committee notes that pursuant to section 75 of the Occupational Safety and Health Act, 1997, the Minister is empowered to issue regulations enforcing the provisions of the Act and that the ILO has retained a consultant to draft the regulations in order to make the Occupational Safety and Health Act fully operational. The Committee requests the Government to supply a copy of these Regulations as soon as they are adopted.

The Committee notes, however, that the Occupational Safety and Health Act, 1997, does not apply the Articles of the Convention mentioned hereafter on which the Committee has made comments for a certain number of years. The Committee accordingly draws the Government’s attention to the following points.

Article 1, paragraphs 1 and 2. The Committee notes that, according to section 59 of the Occupational Safety and Health Act, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. The Government indicates however that there is no regulatory mechanism to prohibit or grant certifications specifying conditions under which reasonable exposure of carcinogenic substances can be met. The Government further indicates that the Occupational Safety and Health Department, at present, does not determine specific exposure levels for the labour force from those chemical substances that are proven to be carcinogenic. The Committee recalls that Article 1 of the Convention requires the periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization and control. It thus cannot be left to the discretion of the Occupational Safety and Health Authority to determine case by case whether a substance or agent endangers the workers’ health. The Government is accordingly requested to indicate the measures taken or contemplated to establish a mechanism ensuring that the substances and agents to which occupational exposure is prohibited or subject to authorization and control are determined periodically.

Article 2. The Committee notes that the Occupational Safety and Health Act, 1997, does not contain provisions requiring the replacement or substitution of substances or agents by non-carcinogenic or less harmful substances and agents. In this respect, the Government indicates that regulations do not provide for maximum exposure of workers to carcinogenic substances over an eight- hour workday. The Committee therefore points out that, in accordance with this Article of the Convention, the Government must make every effort to replace carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic or less harmful substances. Moreover, the number of workers exposed as well as the duration and degree of exposure to carcinogenic substances and agents is to be reduced to the minimum compatible with safety. In view of the absence of provisions providing for the above described measures, the Committee hopes that the Regulations, which will be drafted in order to make the Occupational Safety and Health Act, 1997, operational, will contain such preventive and protective measures, in accordance with the provisions of this Article of the Convention.

Article 3. The Committee notes that the Occupational Safety and Health Act, 1997, does not set or recommend permissible exposure limits for workers or specifies other protective measures to be taken in relation to workers’ exposure to carcinogenic substances or agents. The Committee therefore hopes that the Government will take the necessary steps in the near future to adopt appropriate measures to protect workers against the risks of exposure to carcinogenic substances and agents, as provided for in Article 3 of the Convention. With regard to the establishment of an appropriate system of records of the exposure of workers at risk, the Committee notes that section 61 of the Occupational Safety and Health Act, 1997, obliges only the employer to establish and maintain an inventory of all hazardous chemicals and physical agents that are present in the workplace. The Committee draws the Government’s attention to the ILO publication "Occupational cancer: prevention and control", Occupational Safety and Health Series, No. 39, indicating that the purpose of a register containing the names of exposed persons, the result of technical monitoring, special medical examinations and laboratory tests performed on these workers is to permit the competent authority "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action. In this way, increased knowledge of the various aspects of occupational epidemiology can be gained".

The Government is accordingly requested to indicate the measures taken or envisaged to establish an appropriate system of records in order to evaluate the different aspects of occupational cancer.

Article 5. The Committee notes that the Occupational Safety and Health Act, 1997, provides neither for medical examinations during the period of employment nor for post-employment medical examinations. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that medical examinations or other tests or investigations are carried out during the period of employment and thereafter as are necessary to evaluate the exposure of workers and to supervise their state of health in relation to occupational hazards, in order to give full effect to Article 5 of the Convention. In this regard, the Committee recalls the importance of both periodic health evaluations at appropriate intervals during employment to determine whether the worker’s health remains compatible with his or her job assignment and to detect any evidence of ill health attributed to employment, and post-assignment health examinations to state whether the job assignments have affected workers’ health, for workers may not reveal any symptoms of cancer until some time after the period of exposure and so there is a serious risk of cancer being undetected if the worker who has been exposed to carcinogenic substances or agents does not undergo medical examinations or tests after employment.

Article 6(a). The Committee notes the Government’s indication that the Occupational Safety and Health Act, 1997, only applies partly the provisions of the Convention, and that in addition methods such as "voluntary compliance" are used by the Occupational Safety and Health Authority to comply with this Act. The Committee accordingly requests the Government to explain the manner in which the methods called "voluntary compliance" apply to the Convention. The Committee further hopes that the Regulations to be issued in application of section 75 of the Occupational Safety and Health Act, 1997, will be elaborated and adopted in the near future in order to give full effect to the provisions of the Convention.

[The Government is asked to report in detail in 2003.]

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

Further to its previous comments the Committee notes the Government's information in its report that, following ILO assistance and consultation with relevant agencies and persons, a final version of the draft Occupational Safety and Health Act is being prepared for submission to Parliament. The Committee hopes that the Government will soon be in a position to report on the adoption of the Act and on progress in the application of the Convention, in particular with regard to the following specific requirements of the Convention:

-- the determination of carcinogenic substances or agents to which occupational exposure is prohibited or made subject to authorization or control, Article 1 of the Convention;

-- the replacement of carcinogenic substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure, Article 2;

-- the protection of workers against the risks of exposure and establishment of an appropriate system of records, Article 3;

-- the information to be provided to workers on the dangers involved and the measures to be taken, Article 4; and

-- medical examinations and biological and other tests and investigations for exposed workers, Article 5.

The Committee hopes that the Government will also provide information on the measures taken to ensure, in conformity with Article 6(a) of the Convention, that the necessary steps to apply the Convention are taken in consultation with the most representative organizations of employers and workers concerned.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. In comments it has been making since 1988, the Committee noted that only ionizing radiations from medical and dental use had been subject to control, and that no other carcinogenic substance had been prohibited or made subject to control. The Government indicated in 1988 that the occupational health and safety sector of the Ministry of Labour was being restructured, that consultations were taking place on a repeal and re-enactment of the Factories Act and that with the completion of this exercise it was hoped that other areas of occupational exposure would be covered by control and supervision. In 1992, no progress had been made, and the Committee notes the Government's indication in its latest report that it regretted no action was taken to put in place the requirements of the Convention; however, a national meeting was to be held in December 1993 to look at all aspects of occupational safety and health in the country.

The Committee hopes that the Government will soon be in a position to report progress in the application of the Convention, particularly with reference to the following specific requirements of the Convention:

-- the determination of carcinogenic substances or agents to which occupational exposure is prohibited or made subject to authorization and control, Article 1 of the Convention;

-- the replacement of carcinogenic substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure, Article 2 of the Convention; on this point, the Committee also refers to its general observation of 1992 under the Convention;

-- the protection of workers against the risks of exposure and establishment of an appropriate system of record, Article 3 of the Convention;

-- the information to be provided to workers on the dangers involved and the measures to be taken, Article 4 of the Convention; and

-- medical examinations and biological and other tests and investigations for exposed workers, Article 5 of the Convention.

The Committee also hopes that the Government will supply information on the structure of the December 1993 meeting, particularly with regard to the participation of representatives of employers' and workers' organizations in the meeting, and on any further measures taken to ensure, in conformity with Article 6(a) of the Convention, that the necessary steps to apply the convention are taken in consultation with the most representative organizations of workers and employers.

2. The Committee previously referred to additional measures to be taken in respect of ionizing radiations for medical and dental use to give effect to Article 1 (paragraph 3) and Article 5 of the Convention. In the absence of further information on this matter, it again expresses the hope that the Government will report progress made in applying the revised versions of the United Kingdom Codes of Practice in this field, and in ensuring that workers shall be provided with medical examinations during the period of their employment and thereafter to evaluate their exposure and the state of their health in relation to occupational hazards.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. In comments it has been making since 1988, the Committee noted that only ionizing radiations from medical and dental use had been subject to control, and that no other carcinogenic substance had been prohibited or made subject to control. However, the Government indicated in 1988 that the occupational health and safety sector of the Ministry of Labour was being restructured, that consultations were taking place on a repeal and re-enactment of the Factories Act and that with the completion of this exercise it was hoped that other areas of occupational exposure would be covered by control and supervision. The Committee once again requests the Government to supply details concerning the restructuring, its effect on the application of the Convention, as well as developments concerning the repeal and re-enactment of the Factories Act. In this connection, the Committee urges the Government to ensure that the necessary steps are taken in consultation with the most representative organizations of workers and employers concerned, as required by Article 6(a) of the Convention to ensure the application of the following provisions of the Convention: Article 1, paragraph 1 (determination of carcinogenic substances or agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (the replacement of carcinogenic substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure); Article 3 (the protection of workers against the risks of exposure and establishment of an appropriate system of records); Article 4 (information to be provided to workers on the dangers involved and the measures to be taken); and Article 5 (medical examinations and biological and other tests and investigations for exposed workers). The Committee once again expresses the hope that the Government will now report progress made in this regard. 2. In its previous comments, the Committee also had referred to additional measures to be taken in respect of ionizing radiations for medical and dental use to give effect to Article 1, paragraph 3 and Article 5 of the Convention. The Committee noted from the Government's report for 1989 that no progress had been made in these fields. It again expresses the hope that the Government will soon be in a position to report progress in applying the 1978 revised United Kingdom Code of Practice for the Protection of Persons against Ionising Radiations from Medical and Dental Use, and in ensuring that workers shall be provided with medical examinations during the period of their employment and thereafter as are necessary to evaluate their exposure and the state of their health in relation to the occupational hazards. On this point, the Committee would also refer the Government to its general observation for 1992 under this Convention.

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

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Commmittee notes with regret the indication in the Government's report that no progress has been made since its last report received in 1989.

1. In comments it has been making since 1988, the Committee noted that only ionizing radiations from medical and dental use had been subject to control, and that no other carcinogenic substance had been prohibited or made subject to control. However, the Government indicated in 1988 that the occupational health and safety sector of the Ministry of Labour was being restructured, that consultations were taking place on a repeal and re-enactment of the Factories Act and that with the completion of this exercise it was hoped that other areas of occupational exposure would be covered by control and supervision.

The Committee once again requests the Government to supply details concerning the restructuring, its effect on the application of the Convention, as well as developments concerning the repeal and re-enactment of the Factories Act.

In this connection, the Committee urges the Government to ensure that the necessary steps are taken in consultation with the most representative organizations of workers and employers concerned, as required by Article 6(a) of the Convention to ensure the application of the following provisions of the Convention: Article 1, paragraph 1 (determination of carcinogenic substances or agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (the replacement of carcinogenic substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure); Article 3 (the protection of workers against the risks of exposure and establishment of an appropriate system of records); Article 4 (information to be provided to workers on the dangers involved and the measures to be taken); and Article 5 (medical examinations and biological and other tests and investigations for exposed workers).

The Committee once again expresses the hope that the Government will now report progress made in this regard.

2. In its previous comments, the Committee also had referred to additional measures to be taken in respect of ionizing radiations for medical and dental use to give effect to Article 1, paragraph 3 and Article 5 of the Convention. The Committee noted from the Government's report for 1989 that no progress had been made in these fields. It again expresses the hope that the Government will soon be in a position to report progress in applying the 1978 revised United Kingdom Code of Practice for the Protection of Persons against Ionising Radiations from Medical and Dental Use, and in ensuring that workers shall be provided with medical examinations during the period of their employment and thereafter as are necessary to evaluate their exposure and the state of their health in relation to the occupational hazards. On this point, the Committee would also refer the Government to its general observation for 1992 under this Convention.

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

The Commmittee 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:

1. In previous comments, the Committee noted that only ionising radiations from medical and dental use had been subject to control, and that no other carcinogenic substance had been prohibited or made subject to control. However, the Government had indicated in 1988 that the occupational health and safety sector of the Ministry of Labour was being restructured, that consultations were taking place on a repeal and re-enactment of the Factories Act and that with the completion of this exercise it was hoped that other areas of occupational exposure would be covered by control and supervision. In its 1989 request, the Committee listed a number of measures which it hoped would be taken as a result of these developments to give effect to the Convention.

The Committee noted from the Government's latest report that, while it was still expected that on the completion of the restructuring exercise of the Occupational Health and Safety Division, greater effect would be given to the Articles of the Convention, particularly to determine carcinogenic substances, etc., and protection against exposure to these substances or agents; no substantial progress had been made in these areas.

The Committee requests the Government to supply details concerning the restructuring, its effect on the Convention as well as developments concerning the repeal and re-enactment of the Factories Act. The Committee again expresses the hope that the Government will soon be in a position to report on concrete steps taken to give effect to the provisions of the Convention.

In this connection, the Committee again draws attention to the following measures to be taken in consultation with the most representative organisations of workers and employers concerned, as required by Article 6(a) of the Convention.

In particular, measures should be taken in the near future, in accordance with Article 1, paragraph 1, to determine carcinogenic substances or agents to which occupational exposure should be prohibited or made subject to authorisation or control, and those to which other provisions of the Convention should be applied. In making such determinations the Government may wish to take into account the lists of carcinogenic substances and agents appearing in Appendix 1 of the ILO manual "Occupational cancer: Prevention and control" (ILO, Occupational Safety and Health Series (No. 39)) and the IARC Monographs Supplement 4, published by the International Agency for Research on Cancer. Furthermore, the Committee requests the Government to indicate the progress made or envisaged to apply the United Kingdom revised versions of the Code of Practice against Ionising Radiations in order to ensure that consideration is given to the latest information in the field of carcinogenic substances (Article 1, paragraph 3).

Measures should also be taken to protect workers against the risks inherent in exposure to carcinogenic substances so determined. They should provide for the replacement of these substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure (Article 2 of the Convention); the protection of workers against the risks of exposure and the establishment of an appropriate system of records (Article 3); the information of the workers concerned on the dangers involved and the measures to be taken (Article 4); and the medical examinations and biological and other tests and investigations for exposed workers (Article 5).

The Committee hopes that the next report will indicate progress made in this regard.

2. In its previous comments, the Committee also had referred to additional measures to be taken in respect of ionising radiations for medical and dental use to give effect to Articles 1, paragraph 3, and 5 of the Convention. The Committee noted from the Government's report for 1989 that no progress had been made in these fields. It again expresses the hope that the Government will soon be in a position to report progress in applying the 1978 revised United Kingdom Code of Practice for the Protection of Persons against Ionising Radiations from Medical and Dental Use and the more general 1985 revised United Kingdom Code of Practice against Ionising Radiations, and in ensuring that workers shall be provided with medical examinations during the period of their employment and thereafter as are necessary to evaluate their exposure and the state of their health in relation to the occupational hazards.

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

1. In previous comments, the Committee noted that only ionising radiations from medical and dental use had been subject to control, and that no other carcinogenic substance had been prohibited or made subject to control. However, the Government had indicated in 1988 that the occupational health and safety sector of the Ministry of Labour was being restructured, that consultations were taking place on a repeal and re-enactment of the Factories Act and that with the completion of this exercise it was hoped that other areas of occupational exposure would be covered by control and supervision. In its 1989 request, the Committee listed a number of measures which it hoped would be taken as a result of these developments to give effect to the Convention.

The Committee notes from the Government's latest report that, while it is still expected that on the completion of the restructuring exercise of the Occupational Health and Safety Division, greater effect will be given to the Articles of the Convention, particularly to determine carcinogenic substances, etc., and protection against exposure to these substances or agents; to date, no substantial progress has been made in these areas.

The Committee requests the Government to supply details concerning the restructuring, its effect on the Convention as well as developments concerning the repeal and re-enactment of the Factories Act. The Committee again expresses the hope that the Government will soon be in a position to report on concrete steps taken to give effect to the provisions of the Convention.

In this connection, the Committee again draws attention to the following measures to be taken in consultation with the most representative organisations of workers and employers concerned, as required by Article 6(a) of the Convention.

In particular, measures should be taken in the near future, in accordance with Article 1, paragraph 1, to determine carcinogenic substances or agents to which occupational exposure should be prohibited or made subject to authorisation or control, and those to which other provisions of the Convention should be applied. In making such determinations the Government may wish to take into account the lists of carcinogenic substances and agents appearing in Appendix 1 of the ILO manual "Occupational cancer: Prevention and control" (ILO, Occupational Safety and Health Series (No. 39)) and the IARC Monographs Supplement 4, published by the International Agency for Research on Cancer. Furthermore, the Committee requests the Government to indicate the progress made or envisaged to apply the United Kingdom revised versions of the Code of Practice against Ionising Radiations in order to ensure that consideration is given to the latest information in the field of carcinogenic substances (Article 1, paragraph 3).

Measures should also be taken to protect workers against the risks inherent in exposure to carcinogenic substances so determined. They should provide for the replacement of these substances and agents by less harmful substances or agents, and the reduction to the minimum of the number of workers exposed and the level and duration of exposure (Article 2 of the Convention); the protection of workers against the risks of exposure and the establishment of an appropriate system of records (Article 3); the information of the workers concerned on the dangers involved and the measures to be taken (Article 4); and the medical examinations and biological and other tests and investigations for exposed workers (Article 5).

The Committee hopes that the next report will indicate progress made in this regard.

2. In its previous comments, the Committee also had referred to additional measures to be taken in respect of ionising radiations for medical and dental use to give effect to Articles 1, paragraph 3, and 5 of the Convention. The Committee notes from the Government's report that no progress has been made in these fields. It again expresses the hope that the Government will soon be in a position to report progress in applying the 1978 revised United Kingdom Code of Practice for the Protection of Persons against Ionising Radiations from Medical and Dental Use and the more general 1985 revised United Kingdom Code of Practice against Ionising Radiations, and in ensuring that workers shall be provided with medical examinations during the period of their employment and thereafter as are necessary to evaluate their exposure and the state of their health in relation to the occupational hazards.