Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 139) sur le cancer professionnel, 1974 - France (Ratification: 1994)

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 supplied by the Government in its first report. It also notes the observations of the French Democratic Federation of Labour (CFDT) on the application of the Convention. It asks the Government to provide additional information on the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes that the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are determined periodically. In this connection, it notes with interest Decree No. 96-1133 of 24 December 1996 respecting the prohibition of asbestos. The Committee notes however that the CFDT refers to a lack of transparency in the legislation as to the various lists of carcinogenic substances and agents. The Committee asks the Government to consider the possibility of establishing a consolidated list of the substances and agents determined as carcinogenic, as this would facilitate understanding of the legislation and the adoption of preventive measures. It hopes that the Government will provide information in this respect.

2. Article 2, paragraph 1. The Committee notes that under section R 231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, amongst other means by replacing it where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee asks the Government to provide detailed information on the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.

3. Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures (such as replacement of carcinogenic substances or agents or production and use in a closed system) are not feasible, the employer is required under section R 231-56-3 to reduce the level of exposure to the technically feasible minimum. The Committee asks the Government to indicate the criteria used in evaluation "technical feasibility", and to state how these criteria conform to the requirement of "minimum compatible with safety" as well as the methods of evaluation.