Occupational Cancer Convention, 1974 (No. 139) - Syrian Arab Republic (Ratification: 1979)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the Government’s indication that Ministerial Order No. 269 of 1977 was amended by Ministerial Order No. 28 of 2010 relating to occupational safety and health (OSH). It notes that pursuant to section 1 of Order No. 28, the implementing instructions relating to OSH and the working environment were adopted by virtue of section 237 of the Labour Code. The Committee requests the Government to indicate the specific provisions of the above-mentioned implementing instructions, which give effect to the Articles of the Convention. The Committee also requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5 of the Convention. Medical examinations of workers. The Committee takes note of the Social Security Act No. 92 of 1959 provided by the Government. The Committee notes that the Act provides for medical examination of workers in general and that, as regards occupational cancer, the only specific provision is section 48 of the Act, as amended, which provides the right of workers to file a claim for such an occurrence within five years of the cessation of assignment. The Committee requests the Government to provide further information on the measures taken to ensure that workers which are or have been exposed to carcinogenic substances or agents are provided with the necessary medical examinations or biological or other tests or investigations during the period of employment and also after this period, as the latent period between exposure to the risk and the appearance of a clinically detectable form of cancer can be very long.

Application in practice. The Committee notes that, contrary to the Government’s indication, the Annual Statistical Bulletin of the Authority for Social Security was not submitted with its report. The Committee once again requests the Government to provide a copy of the up-to-date Annual Statistical Bulletin of the Authority for Social Security. It also requests the Government to provide information on the manner in which the Convention is applied in the country, including the number and nature of contraventions reported and the measures taken to remedy them.

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

Legislation. The Committee notes the Government’s indication that Ministerial Order No. 269 of 1977 was amended by Ministerial Order No. 28 of 2010 relating to occupational safety and health (OSH). It notes that pursuant to section 1 of Order No. 28, the implementing instructions relating to OSH and the working environment were adopted by virtue of section 237 of the Labour Code. The Committee requests the Government to indicate the specific provisions of the abovementioned implementing instructions, which give effect to the Articles of the Convention. The Committee also requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5 of the Convention. Medical examinations of workers. The Committee takes note of the Social Security Act No. 92 of 1959 provided by the Government. The Committee notes that the Act provides for medical examination of workers in general and that, as regards occupational cancer, the only specific provision is section 48 of the Act, as amended, which provides the right of workers to file a claim for such an occurrence within five years of the cessation of assignment. The Committee requests the Government to provide further information on the measures taken to ensure that workers which are or have been exposed to carcinogenic substances or agents are provided with the necessary medical examinations or biological or other tests or investigations during the period of employment and also after this period, as the latent period between exposure to the risk and the appearance of a clinically detectable form of cancer can be very long.

Application in practice. The Committee notes that, contrary to the Government’s indication, the Annual Statistical Bulletin of the Authority for Social Security was not submitted with its report. The Committee once again requests the Government to provide a copy of the up-to-date Annual Statistical Bulletin of the Authority for Social Security. It also requests the Government to provide information on the manner in which the Convention is applied in the country, including the number and nature of contraventions reported and the measures taken to remedy them.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observation, the Committee notes that the Government has previously indicated that consultations were being undertaken to amend Ministerial Order No. 269 of 1977 with respect to the scope of application of the legislation and the monitoring of the environment. The Committee hopes this amendment will be adopted in the near future and requests the Government to provide a copy of this once it has been adopted.

Article 5. Medical examinations of workers. The Committee notes the Government’s clarification that section 48 of the Social Security Act No. 92 of 1959 concerns periodical examination of workers and provides for the right of the worker to file a claim for occupational cancer within five years of the cessation of the assignment. The Committee reiterates its request that the Government provide a copy of Order No. 2907 of 2003 with its next report, and also to provide a copy of the relevant sections of Social Security Act No. 92 of 1959. The Committee also asks the Government to provide information on the nature and the frequency of medical examinations carried out and the tests prescribed for workers exposed to carcinogenic substances.

Part IV of the report form. Labour inspection and statistical information. The Committee notes the information provided by the Government indicating that 1,262,839 workers in the public sector, and 182,441 in the private sector, are covered by the legislation. The Committee asks the Government to continue to provide information on the practical application of the Convention, including the number and nature of contraventions reported and the measures taken to remedy them. The Committee also asks the Government to enclose a copy of the recent Annual Statistical Bulletin of the Authority for Social Security.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1, of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited. The Committee notes with satisfaction that Ministerial Order No. 504 of 1989 has been amended by Ministerial Order No. 1510 of 2005 for the purpose of amending the table of occupational diseases in accordance with scientific data and developments on the influence of carcinogenic substances or agents.

The Committee is raising other points in a request addressed directly to the Government.

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

1. The Committee notes the information contained in the Government’s reports and the attached documentation.

2. Article 1, paragraph 1, of the Convention. The Committee notes the Government’s statement that the proposed amendment to Order No. 504 of 1989 to include other substances classified as carcinogenic in the list of poisonous and dangerous chemical substances has still not been adopted. It also notes the Government’s statement that consultations are currently being undertaken to amend Ministerial Order No. 269 of 1977 with respect to the scope of application of the legislation and the monitoring of the environment. The Committee hopes that these amendments will be adopted in the near future and requests the Government to provide copies of them once they are adopted.

3. Article 5. Medical examination of workers. The Committee notes with interest the Government’s statement that section 47 of the Social Security Law of 1959 (Act No. 92 of 1959) concerning periodical examination of workers exposed to carcinogenic substances has been amended and that the General Authority for Social Security continues to be responsible for periodic medical examinations of workers for five years after the cessation of their assignment. The Committee also notes that the Government refers to section 41(19) of Order No. 2907 of 2003 of the Presidency of the Council of Ministers with respect to employers’ obligation for medical examinations before and during employment. The Committee requests the Government to provide a copy of Order No. 2907 of 2003 with its next report and to continue to provide information on measures taken or envisaged with respect to medical examinations before and during employment and to provide information on the nature and the frequency of the medical examinations carried out and the tests prescribed for workers exposed to carcinogenic substances.

4. Part IV of the report form. Labour inspection and statistical information. The Committee has previously noted under its comments under Convention No. 136 (CEACR 2000/71st Session) that the labour inspectors and social security inspectors, governed by the Vocational Safety and Health Department within the General Authority for Social Security, hold the status equivalent to the status of judicial police officers when they undertake their inspection visits. The Committee requests the Government to provide with its next report extracts from inspection reports and, if available, information on the number of workers covered by the legislation disaggregated by sex, if possible, the number and nature of contraventions reported and the measures taken to remedy them.

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

The Committee notes the information communicated by the Government in reply to its previous comments. It draws the Government’s attention to the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes the Government’s indication that the list of carcinogenic substances established by the Arab Labour Organization and International Labour Organization, is currently used in the country. In this respect, the Government also indicates that it is currently studying the possibility of amending Ministerial Order No. 607 of 28 April 1979, as modified by Order No. 515 of 1981 and Order No. 504 of 1989, to include other substances classified as carcinogenic on the list of poisonous and dangerous chemical substances. Taking due note of this information, the Committee requests the Government to keep the Office informed on any progress made in the revision process of Order No. 607 of 1979, and to supply a copy of the amendments introduced to the above Order as soon as they are adopted.

2. Articles 2 and 6(a). The Committee notes the Government’s indication that the list of carcinogenic substances established by the Arab Labour Organization and International Labour Organization serves as a guide to the occupational safety and health inspectors to notify the employers using carcinogenic substances on the danger inherent in their use. In addition, the General Authority for Social Security, in collaboration with the Ministry of Labour and Social Affairs, endeavours to raise the awareness of the employers regarding health preventive issues and to apply the guidelines contained in the reports submitted by the occupational safety and health inspectors. In this respect, the Committee notes that inspection campaigns are organized by the inspectors of the Occupational Safety and Health Direction of the General Social Insurances. The Committee further notes the Government’s indication that the national policy adopted on this matter comprises new measures to conduct the employer to replace carcinogenic chemical substances by other non-carcinogenic or less harmful substances which comply with the established standards on health protection. Furthermore, while certain chemical carcinogenic products only emerge as a result of certain operations, the Government obliged the enterprises concerned to replace the products generating carcinogenic products, and to align the conditions at the workplace in a manner that the development of carcinogenic substances during the work process is avoided. The Committee, taking due note of this information, invites the Government to continue to provide information on the application in practice of Article 2 of the Convention, as well as on the measures adopted under Article 6(a) of the Convention, including details on any revision of national policy and legislation having an impact on the application of this Convention.

3. Article 5. With regard to medical examinations of workers exposed to carcinogenic substances, the Committee notes the Government’s indication that, while the provisions of Social Security Law No. 92 of 1959 only provide for periodical medical examinations of workers, the draft law concerning social security predicts that the workers remain subject to periodical medical examinations during the five years after the cessation of their assignment. The Government further indicates that consultations are currently carried out with the social partners on the matter, since the first draft to amend the Social Security Law of 1959 has been withdrawn for further more detailed and comprehensive considerations in order to comply with the requirements set forth by this Article of the Convention. The Committee hopes that the Government will take the necessary measures, in due time, to amend the Social Security Law of 1959 to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations, or biological or other tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee reminds the Government that the need to examine workers after they have ceased their employment is also due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. The Committee hopes that the next report the Government will contain information on progress made in this regard.

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

1. Articles 2 and 6(a) of the Convention. In its previous comments, the Committee noted the Government's indication that establishments use non-carcinogenic or less harmful substitute substances when they existed. Referring also to Article 6(a) of the Convention, the Committee asked the Government to indicate the measures taken to ensure that this practice is complied with as far as possible. The Committee notes that in its latest report the Government indicates that it has requested the General Social Insurance Institution for information on cases in which carcinogenic substances have been replaced by non-carcinogenic or less harmful substances, as well as information on the measures taken or contemplated so that the number of workers exposed to carcinogenic substances and the duration and level of exposure are reduced to the minimum compatible with safety. The Committee hopes that the Government will supply information on the application in practice of Article 2 and the measures adopted under Article 6(a), including details on any revision of national policy and legislation to which the Government refers in regard to activities involving exposure to ionizing radiations.

2. Article 5. In its previous comments, the Committee noted that in the review of the Social Insurance Code it was planned to include provisions for workers to remain subject to periodical medical examinations for five years after termination of their service; and that Order No. 12 of 1959 respecting periodical medical examinations for workers exposed to occupational diseases was also being reviewed for the purpose of amendment. The Committee notes the Government's indications in its report that the draft revised legislation on social insurance has not yet been adopted; it also notes that the Government requested the Social Security Institute to supply information on any modification of the 1959 Order. The Committee recalls the necessity of inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after the worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological or other tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

The Committee hopes that the Government will report in the near future on progress made in the application of the Convention.

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

The Committee notes with interest the information supplied by the Government in its latest report concerning the application of Article 1 of the Convention. The Government is asked to provide additional information in its next report on the following points:

1. Article 2. The Committee notes the Government's indication that, in practice, where non-carcinogenic or less harmful substitute substances or agents exist, establishments use them. The Committee recalls that under Article 6(a) of the Convention such steps as may be necessary to give effect to its provisions shall be taken by laws or regulations or any other method consistent with national practice and conditions. The Government is asked to indicate the measures taken to ensure that the practice of replacing carcinogenic substances or agents with non-carcinogenic or less harmful substances or agents is observed as far as possible.

2. Article 5. The Committee notes with interest that the review of the Social Insurance Code is to include provision for workers to remain subject to periodical medical examinations for five years after termination of their service; and that Order No. 12 of 1959 respecting periodical medical examinations for workers exposed to occupational diseases is also being reviewed for the purposes of amendment. The Government is asked to report on the progress made in this respect.

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

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 following matters raised in its previous direct request:

Article 1. The Committee noted the information supplied by the Government in its report received in February 1988 making reference to general legislation concerning the prevention and control of occupational accidents. The Committee would point out, however, that Article 1 of the Convention requires specific determinations of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to make such determination.

Article 2. The Committee noted from the information supplied by the Government that this Article appears to be applied in practice. It hopes that the Government will have no difficulty in giving legally binding effect to the practice already implemented by the labour inspectorate, and that the next report will indicate the measures taken in this regard.

Article 5. The Committee noted the information supplied by the Government. The Committee would point out, however, that under this Article the Government undertakes to ensure that workers are provided with post-employment medical examinations to evaluate their exposure and supervise their state of health. Please indicate the specific measures taken or envisaged to ensure post-employment medical examinations for workers who have been exposed to carcinogenic substances.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in reply to its previous direct request, concerning the application of Article 4 of the Convention. The Committee requests the Government to provide additional information in its next report on the following points:

Article 1. The Committee notes the information supplied by the Government in its report making reference to general legislation concerning the prevention and control of occupational accidents. The Committee would point out, however, that Article 1 of the Convention requires specific determinations of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to make such determination.

Article 2. The Committee notes from the information supplied by the Government that this Article appears to be applied in practice. It hopes that the Government will have no difficulty in giving legally binding effect to the practice already implemented by the labour inspectorate, and that the next report will indicate the measures taken in this regard.

Article 5. The Committee notes the information supplied by the Government. The Committee would point out, however, that under this Article the Government undertakes to ensure that workers are provided with post-employment medical examinations to evaluate their exposure and supervise their state of health. Please indicate the specific measures taken or envisaged to ensure post-employment medical examinations for workers who have been exposed to carcinogenic substances.