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

Occupational Cancer Convention, 1974 (No. 139) - Hungary (Ratification: 1975)

Legislation. With reference to its previous comments, the Committee notes that the Government has not attached copies of the regulations referred to in its report, nor has it provided copies of the legislative texts requested in its previous comments. The Committee therefore once again requests the Government to provide copies of the most recent texts giving effect to the Convention. It also requests the Government to specify the relevant provisions of these texts.

Article 2(1) of the Convention. Replacing carcinogenic substances with non-carcinogenic substances or less harmful substances. With reference to its previous comments, the Committee notes the Government’s indication that the occupational safety and health (OSH) authority calls on employers to replace any carcinogen substances used with non-carcinogenic or less severely carcinogenic substances wherever possible. According to the experience of the OSH authority through inspections, employers give priority to the replacement of carcinogenic substances and mutagens in order to comply with the provisions of the Decree No. 26/2000 (IX.30). In practice, however, economic factors usually impede the replacement of such substances with non-carcinogenic substances (costly changes in technology or lack of knowledge). The Committee also notes that certain positive initiatives have been taken, for instance in relation to paints and surface treatment substances, and that there has been a switch in certain economic sectors (the automobile industry and metal surface treatment) to water-based chemicals and organic solvents not containing benzene. The Committee requests the Government to continue providing information on the measures taken to replace carcinogenic substances with non-carcinogenic substances or less harmful substances.

Article 6(b) and (c). Appropriate inspection services. Application in practice. The Committee notes the information provided by the Government on recent organizational changes that have affected the operation of the OSH authority, as well as the statistical data concerning the application in practice of the Convention. The Committee notes that since April 2012 labour inspectors have no longer had the power to conduct the misdemeanour procedures defined in Act No. XCIII on labour safety, 1993. The Committee also notes the Government’s indication that during occupational health and safety inspections, several inadequacies have been identified, such as: absence of records of employees performing activities with carcinogens during work; lack of prior medical examinations; and absence of labour safety training or written information on the risks of exposure to carcinogenic substances.

The Committee notes that according to the worker representatives on the tripartite National ILO Council, protection against occupational hazards caused by carcinogenic substances and agents is not adequate. They consider that there is an inadequacy in the health and institutional system, records, information and training of workers, the number of inspections conducted and the measures applied. They indicate in particular that, despite a significant increase in the number of employers engaged in activities with carcinogenic substances (from 675 in 2010 to 1,428 in 2014) and of workers exposed to carcinogens (from 14,625 in 2010 to 19,952 in 2014), there has not been a commensurate increase in the number of inspections (from 383 in 2010 to 401 in 2014). The institutional structure of the OSH authority and the inspection system are not suitable to ensure the protection of workers against carcinogenic substances and the sanctions applied are very weak. They emphasize that labour inspectors have been deprived of the power to conduct infringement procedures. They consider that the application of the Convention in practice is not satisfactory.

The Committee notes that in its response to the issues raised by the workers’ representatives, the Government indicates that the measures adopted following targeted inspections by the OSH authority are suitable to prevent damage to the health of workers as a result of exposure to carcinogenic substances or chemicals, or to significantly mitigate the risk at the specific workplace. The Government also indicates that the number of inspections stated in the report refers only to inspections targeting employers who have declared their use of carcinogenic substances, and that the OSH authority also verifies the use of potentially carcinogenic substances when conducting non-targeted inspections and introduces measures to eliminate the inadequacies identified. It adds that the increase in the number of employers concerned is a result of the efficiency of the authorities and discipline in notification. The Committee requests the Government to provide detailed information on the bodies tasked with ensuring compliance with the Convention and their different roles following the organizational changes of 2012, and to describe the procedures followed in the case of the violation of rules relating to the application of the Convention.

It further requests the Government to provide information on the measures taken or envisaged to maintain the efficiency of the inspection system in light of the increase in the number of employers and workers concerned.

In addition, it requests the Government to continue providing statistical data on the inspections carried out, the number and nature of the contraventions detected and the sanctions imposed, and the number, nature and cause of cases of disease.