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

Occupational Cancer Convention, 1974 (No. 139) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, of the Convention. The Committee recalls that in its previous direct request it noted the information provided by the Government to the effect that it had been decided in the enterprise Petróleos de Veneuela, S.A. (PDVSA) to replace asbestos in packaging and other uses by non-carcinogenic substances and that for ten years the activities in the industry had been carried out without the use of asbestos. The Committee then noted that, according to the Government, this substitution would be carried out in accordance with an official regulation. In this respect, the Committee once again requests the Government to indicate the official regulation which provides for the replacement of asbestos in packaging and other uses by non-carcinogenic substances. The Committee hopes that the Government, in providing detailed information on the above regulation, will supply a copy of it so that the Committee can examine its relevance to this provision of the Convention. The Committee also requests the Government to continue providing information on the efforts made to ensure that, in cases where reasonable replacement substances exist, they are actually used in practice instead of carcinogenic substances and agents.

Article 2, paragraph 2. The Committee notes the Government’s statement that the Department of Occupational Medicine in the Venezuelan Social Security Institute (IVSS) considers that the "philosophy of radiological protection" constitutes the scientific basis for deeming that the exposure of its workers to radiation for eight hours is compatible with safety. The Committee also notes the Government’s comments on this matter. The Committee notes that, in the above comments, the Government refers to the International Commission on Radiological Protection (ICRP). In this respect, the Committee recalls that the ICRP’s recommendations (contained in its publication International basic safety standards for protection against ionizing radiations and for the safety of radiation sources" of 1997, Safety Series No. 115), in establishing radiological safety standards to protect health and reduce to a minimum the danger to life, set out dose limits for exposure to sources of radiation in terms of years, and not eight hours. The Committee therefore requests the Government to indicate whether the exposure limits to radiation sources recommended by the ICRP have been taken into account. The Committee finally notes that, according to the Government, if the working day was reduced as a preventive measure, this would involve increasing the number of persons subject to occupational exposure to the hazard, "which could result at the same time in an increase in the collective radiological impact". In this respect, the Committee recalls that, if the exposure limits to radiation sources proposed by the ICRP are respected, the risks referred to by the Government would not occur. It therefore urges the Government once again to adopt the exposure limits proposed by the ICRP.

Article 3. The Committee notes the Government’s indication that the Department of Occupational Medicine of the IVSS in 1994 suspended the Radiophysical Health Programme, which evaluated and recorded workers exposed to ionizing radiations. The Committee notes from the Government’s information that this body is in the process of being reactivated in IVSS centres at the national level. The Committee notes the information supplied by the Government that the Department of Occupational Medicine nevertheless keeps a record of diseases and biological manifestations related to five carcinogenic substances. The Committee hopes that the Radiophysical Health Programme will soon be reactivated and that it will be able to continue evaluating and recording workers exposed to ionizing radiations. The Committee also recalls that the obligation to operate an appropriate system of records is only fulfilled where records are kept of all workers exposed to substances or products which may give rise to occupational cancer. The Committee therefore hopes that the Government will make every effort to take the necessary measures in the near future to give effect to this Article of the Convention by establishing the records that it requires.

Article 5. The Committee notes the information provided by the Government indicating once again that the Venezuelan Social Security Institute (IVSS) has the capacity to evaluate the exposure and state of health of workers exposed to five specific carcinogenic substances. The Committee also notes the Government’s indication that sections 6 (1) and (2), 19 and 34 of the Framework Act respecting prevention and occupational conditions and environment (LOPCYMAT) of 10 July 1986 (published in the Gaceta Oficial of the Republic of Venezuela, No. 3850 of 18 July 1986, Special Issue) and COVENIN standard No. 2274-97 respecting occupational health services in workplaces, are considered by the Government as being provisions which give effect to Article 5 of the Convention. The Committee recalls that Article 5 places the obligation upon the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee notes that the provisions of the LOPCYMAT Act referred to by the Government are of a very general nature. It therefore requests the Government to take the necessary measures to provide for the medical examinations or biological or other tests or investigations before, during and after the employment of all workers exposed to carcinogenic substances or products, as envisaged by Article 5 of the Convention.

Finally, the Committee requests the Government, in accordance with Part IV of the report form, to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and copies of the conclusions of inspections and investigations undertaken by the National Institute of Occupational Prevention, Health and Safety, in accordance with the requirements of the LOPCYMAT Act. Finally the Committee requests the Government to provide, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc.