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

Occupational Cancer Convention, 1974 (No. 139) - Norway (Ratification: 1977)

The Committee notes the information supplied by the Government in its report and, in particular, the information concerning the full application of Article 2, paragraph 2, of the Convention through section 6 of the Regulations concerning protection from exposure to chemicals at the workplace, 2001.

The Committee also notes the observations of the Confederation of Norwegian Business and Industry (NHO).

Further to its previous comments, it draws the Government’s attention to the following points.

1. Article 1, paragraph 1, of the Convention. With regard to the determination of carcinogenic substances and agents, the Committee notes that substances are classified as carcinogenic according to the criteria set forth in the Regulations on health hazard labelling of dangerous chemicals of 1 January 1998, and that the substances so classified by the authorities are listed in the above Regulations, that is in its subordinated Regulation on the list of dangerous substances. In this respect, the Committee notes with interest the Government’s indication that both the Regulations on health hazard labelling of dangerous chemicals and its subordinated Regulation on the list of dangerous substances were revised periodically and that they are at present again under revision entailing the classification of more substances as carcinogenic. The Committee further notes that carcinogens and pollutants are listed in the annex to the administrative guidelines for pollutants in the working atmosphere, i.e. occupational exposure limits. In addition, section 27, subsection 1, of the Regulations concerning protection from exposure to chemicals at the workplace of 5 May 2001 enumerates certain chemical substances which are prohibited at work. Pursuant to its subsection 2, exemptions from the prohibition are only to be granted for scientific research and testing, for activities to eliminate by-products or waste products, and for chemicals used as intermediates. Moreover, section 8 of the Regulations on asbestos of 16 August 1991 prohibits the import, production and trade of asbestos and products containing asbestos. In this context, the Committee notes the comments made by the NHO pointing out that the revision of Regulations on health hazard labelling of dangerous chemicals targets the harmonization with European Union rules which entails the exclusion of a number of chemicals from the list of carcinogenic chemicals. However, the harmonization of national law with European Union legislation will generate a list of carcinogenic substances that is updated to the maximum extent at all times. The NHO believes that this harmonization procedure would represent some progress in relation to the application of the Convention, since the current list merely represents a list of examples of carcinogenic substances. With regard to some individual substances such as silicon carbide fibre, the NHO underlines that the scientific community in Norway, in particular the Cancer Register of Norway, has recently contributed its knowledge to classify them as carcinogenic, which, assumingly, has been brought to the attention of the respective European Union bodies in accordance with the EEA Agreement. With reference to the comments provided by the NHO, the Committee requests the Government to explain in more detail the legal character of the list of carcinogenic substances currently in force. It further invites the Government to report on any progress made in relation to the consolidated list once it is adopted.

2. Article 3. The Committee notes with interest that section 28 of the Regulations concerning protection from exposure to chemicals at the workplace obliges the employer to keep a record of workers who are, according to the risk assessment, that is the assessment to identify hazards present at the workplace, exposed to carcinogenic chemicals. The Committee therefore requests the Government to indicate the nature of information that must be recorded by the employer. Moreover, with reference to its previous comments, the Committee again requests the Government to provide information on the practical application with regard to the amendments made by the Act in 1995 to the Prevention of Harmful Effects of Tobacco Act of 9 March 1973 requiring smoke-free air in meeting rooms and work premises where at least two persons are gathered in order to protect workers against the risks related to the exposure to tobacco smoke.

3. Article 5. The Committee notes with interest that sections 29 and 30 of the Regulations concerning protection from exposure to chemicals at the workplace, 2001, provides for medical examination of workers prior to their assignment to work involving exposure to carcinogenic chemicals and at regular intervals thereafter. As to the nature of these examinations, the Government indicates that they must be suitable, meaning that suitable techniques must be available so that the results of the examinations enable the application of preventive measures at the workplace. Therefore, the physician decides on the content and the frequency of the examinations taking into consideration the degree and duration of exposure as well as the worker’s current state of health. In this context, the Committee notes again the Government’s indication that it was considered inappropriate to specify the nature of the examinations or the type of tests that should be carried out in application of both the Regulations concerning protection from exposure to chemicals at the workplace and the Regulations on safety and health personnel. However, an exception from this principle is made with regard to workers’ exposure to asbestos, for which section 37 of the Asbestos Regulations requires X-ray examinations. Noting the Government’s position, the Committee nevertheless would request the Government to indicate the general nature of examination provided in practice to workers who are exposed to carcinogenic substances and agents.

4. Part IV of the report form. The Committee notes the Government’s information as regards the orders imposed by the labour inspectorate during the years 1998 to 2000 regarding different regulations in the field of occupational safety and health. It further notes that relatively few orders had to be imposed by the labour inspectorate for non-observance of the regulations on workers’ protection related to exposure to carcinogens in the course of their work which seems to be an indicator that the Convention is applied in practice. In this regard, the Committee also notes the documents which have been elaborated on the consequences of the regulations concerning carcinogens and other chemicals. Moreover, it notes the comments compiled under section 3 of the Regulations concerning protection from exposure to chemicals at the workplace, 2001, which underline the overall responsibility of the employer to take protective measures for his workers, including contract labourers.

The Committee, taking due note of this information, invites the Government to continue to provide information on the practical application in the country.