Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre el cáncer profesional, 1974 (núm. 139) - Venezuela (República Bolivariana de) (Ratificación : 1983)

Article 1 of the Convention. Requirement to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In its previous comments, the Committee noted that, according to the Government, the National Institute for Occupational Hazard Prevention, Health and Safety (INPSASEL) is using the internationally certified list of carcinogenic substances of the International Agency for Research on Cancer (IARC), as well as the lists of hazardous substances issued by the ILO. The Committee requested the Government to provide information on the relevant legislation and its application. The Committee notes the Government’s indication that the applicable legislation is the Act on hazardous substances, materials and waste of 2001. The Committee draws the Government’s attention to the fact that this Act is unrelated to the list referred to in the present Article. The Government also indicates that investigations into occupational cancer are currently focused on compiling epidemiological data from enterprises and institutions in the country which handle carcinogenic substances. The Committee notes that this information is also unrelated to the list referred to in this Article of the Convention. The Committee requests the Government to provide the following information: (1) the provisions of the national legislation which refer to the IARC list of carcinogenic substances; (2) the list of substances that are prohibited in practice; (3) the list of substances subject to authorization or control; and (4) the manner in which such authorization or control is carried out. Please also indicate the manner in which this list is periodically reviewed and the date of the most recent review.

Article 2(1). Replacement and exposure levels. In its direct request in 2011, the Committee noted the Government’s indication that INPSASEL was developing a matrix of exposure to carcinogenic substances in accordance with the IARC list following the methodology of the database system for occupational exposure to carcinogenic substances (CAREX). However, the Government indicates that in 2013 the preparation of the occupational exposure matrix (MEL) was finalized for various substances, and that the MEL for carcinogenic substances is currently being prepared. The Committee once again requests the Government to provide information on the progress made in the preparation of the matrix of exposure to carcinogenic substances.

Article 6. Measures, institutions and appropriate inspection services. The Committee noted previously that, according to the report received in August 2010, the first prosecutor’s office with nationwide competence in occupational safety and health has been inaugurated and that it was intended to reinforce the action taken to ensure the effective compliance of the Convention. The Committee also notes the Government’s indication of the establishment of a second prosecutor’s office, the Sixty-Eighth Office of the Public Prosecutor. Nevertheless, the Committee observes that the Government has not provided any information on the action undertaken by these prosecutor’s offices, nor on the services responsible for occupational safety and health inspection. The Committee requests the Government to provide information on the action taken by both prosecutor’s offices and the institutions responsible for occupational safety and health in relation to the present Convention.

The Committee notes that the information provided by the Government in its report does not contain further indications or specific replies to the other issues raised in its previous direct request. The Committee is therefore bound to reiterate the relevant sections of that direct request, which read as follows:

Replacement of asbestos. Since 1998, when the Committee noted that the decision had been taken to replace asbestos in packaging at the Petróleos de Venezuela, SA (PDVSA) enterprise, the Committee has been asking the Government to send a copy of the relevant regulation. This issue relates to Article 3 of the Convention concerning measures to be taken to protect workers while handling asbestos but not to Article 2 of the Convention, which deals with its replacement by other materials. In view of the fact that the protocols sent by the Government make no reference to replacement, the Committee requests the Government to clarify this matter and to indicate whether or not a regulation is currently in force which orders the replacement of asbestos by PDVSA. The Committee also requests the Government to indicate whether asbestos has been replaced in any sector and to provide information on any other carcinogenic substances or agents that have been or are being replaced.

Article 2(2). Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. With reference to its previous comments, the Committee notes standard No. 3496 of 1999 of the Venezuelan Convention of Industrial Standards (COVENIN) and also notes that the report refers to COVENIN standard No. 2259 of 1995. However, it is unclear which of these standards is applicable. Moreover, the Committee notes that both standards provide, with respect to pregnant women, that during the period from conception to confinement it must be guaranteed that the embryo/foetus is not exposed to a dose of more than 5 mSv. In this regard, the Committee of Experts indicates in paragraph 13 of its 1992 general observation on the Radiation Protection Convention, 1960 (No. 115), that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, who are not to be exposed to more than 1 mSv a year. Noting that the Government is undertaking numerous activities in the field of radiation protection, it also notes that the stated limit for pregnant women does not appear to be in line with these indications. Taking account of the fact that the maximum permissible level of exposure is of an evolving nature, as pointed out by the Government in the information supplied, the Committee requests the Government to take all possible steps to adopt stricter standards of protection in relation to the unborn child and to state in its next report the limits in force that apply to various categories of workers, including pregnant women.

Article 3. Measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee notes that the Radiophysical Health Programme to which it referred in its previous comments is not yet operational. It also notes that the Ministry of People’s Power for Health recently incorporated a Directorate of Radiological Health in its structure which has two national coordinating offices, the Coordinating Office for the Regulation and Control of Radiation, and the Coordinating Office for Radiological Protection and Health. Please provide information on protection measures relating to the risks of exposure to carcinogenic substances or agents.

Article 5. Measures to ensure that workers undergo medical examinations. With reference to its previous comments, the Committee notes that, according to the Government’s report, every workplace has a health monitoring programme, in accordance with the terms of the Basic Act on hazard prevention and working conditions and environment (LOPCYMAT) and its regulations. The Committee also notes that these regulations require medical examinations to be undertaken, and that medical examinations include a pre-employment examination, pre- and post-vacation examinations, an examination upon termination of employment and examinations related to exposure to hazards. The Committee also notes that the health services keep a medical record for ten years after the termination of the employment relationship, and that the information is then kept by INPSASEL. Please provide information on the risk factors considered in determining the relevant examinations relating to exposure to hazards, as set out in the final paragraph of section 27 of the LOPCYMAT regulations. Moreover, as section 22 of the regulations requires the establishment of health services where there are 50 or more workers, please provide information on the measures taken to give effect to this Article of the Convention for workers in enterprises who work with carcinogenic substances or agents.

Application of the Convention in practice. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the applicable protocols for monitoring the index of occupational and public radiological safety, and notes that some 3,500 persons in the industrial sector are protected by a radiological monitoring programme and around 90 are covered by research, but that there is no evidence of occupational diseases relating to radiation. Please provide information on the application of the Convention in practice with regard to workers in other sectors, such as workers exposed to benzene or asbestos.