Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Occupational Cancer Convention, 1974 (No. 139) - Nicaragua (Ratification: 1981)

1. The Committee notes the information contained in the Government’s report and particularly the information on the application of Article 6, paragraph (c), (obligation to provide appropriate inspection services for the purpose of supervising the application of the Convention).

2. Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and the maintenance of records. The Committee notes the Government’s indication that, in the framework of the activities of the annual meeting of Health Ministers of the Central American Region and the Dominican Republic (RESSCAD), Ministers of Health, Agriculture, the Environment and Natural Resources were called upon to comply with the legislation in force and jointly formulate and apply measures to restrict the use of the pesticides contained on the list already determined by the countries, recognized as being responsible for the majority of cases of poisoning and deaths, and to take the relevant measures to prohibit the 107 listed pesticides. The list of prohibited or restricted substances and agents in the country, set out in Ministerial Order No. 23-2001, is contained in the report. The Committee notes that, under the terms of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances, toxicological instructions have been issued by the Ministry of Health and eco-toxicological instructions by the Ministry of the Environment and Natural Resources with a view to registering and authorizing uses of pesticides, industrial and other hazardous chemical substances and to determine whether or not the import and use of particular substances is authorized. The Committee notes that Nicaragua has signed the Stockholm Convention on Persistent Organic Pollutants (POPs) and has commenced the implementation of the project “Initial assistance to enable Nicaragua to comply with its obligations deriving from the Stockholm Convention on POPs”. The Committee notes that the National Plan of Application on Persistent Organic Pollutants (POPs) has been prepared to cover as extensively as possible aspects relating to the security and handling of chemical substances, including the re-establishment of the Information Centre on Persistent Organic Pollutants, the training of a group related to the national policy for the integrated management of hazardous substances and wastes and the formulation of this policy, as well as the formulation of a preliminary inventory of sources and volumes of POPs and the evaluation of these inventories. The Committee hopes that the implementation of this Plan will provide a basis for the adoption of the necessary measures to give effect to Articles 1 and 3 of the Convention in relation to the periodic determination of carcinogenic substances and agents and the prescription of the measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee requests the Government to provide detailed information on the progress achieved in the implementation of this Plan through the establishment of the register of these substances and agents, taking into consideration the latest information contained in the codes of practice or guides which may be established by the International Labour Office and information from other competent bodies.

3. Article 2. Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee notes that, according to the Government’s report, regulations have not been adopted establishing the obligation to take all possible measures to replace carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents, nor the obligation to plan for the reduction of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee hopes that the necessary measures will be adopted to give effect to the Convention, and it requests the Government to provide information, for instance, on the adoption of specific laws or regulations establishing the obligation to replace carcinogenic substances or agents by those considered to be less harmful, determining the number of hours for which workers may be exposed to such substances or agents, determining specific degrees of exposure to such substances and agents, etc.

4. Article 4. Obligation to inform workers of the dangers involved with carcinogenic substances. The Committee notes the Government’s reference to constitutional and legislative provisions of a general nature. The Committee recalls that this Article of the Convention provides that each Member, which ratifies the Convention, shall take steps so that workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken. While noting the provisions referred to in the Government’s report, the Committee considers that, although the provisions of the Constitution and the Labour Code may be useful, they are not sufficient to give effect to this Article. The Committee requests the Government to provide information on the provisions adopted to give effect to this Article of the Convention.

5. Article 5. Medical examinations. The Committee notes the Government’s reference in its report to certain provisions of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances. These provisions establish obligations relating to the monitoring of the risks and insurance against occupational risks financed by the employer, thereby giving partial effect to this Article. The Committee recalls that this Article provides that each Member which ratifies the Convention shall 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 resulting, in particular, from their exposure to carcinogenic substances or agents. The Committee requests the Government to provide information on the provisions adopted to give effect in practice to this Article of the Convention.