Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Cancer Convention, 1974 (No. 139) - Ukraine (Ratification: 2010)

Article 1 of the Convention. Periodic updating of the carcinogenic substances that are either prohibited or subject to authorization or control. The Committee notes the Government’s indication that, in 2012, work was launched for a review of the current list on the basis of the International Agency for Research of Cancer (IARC). However, it notes that according to the Government, there is currently no list, established by the Cabinet of Ministers, of carcinogenic substances or agents whose use is prohibited or restricted in the national territory. The Committee reminds the Government that the aim of such a list is to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or subject to authorization or control. The Committee therefore requests the Government to adopt such a list and to ensure the determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and to provide information in this regard.

Article 2. Replacement of carcinogenic substances and agents. The Committee requests the Government to indicate the measures adopted with a view to replacing carcinogenic substances or agents to which workers may be exposed in the course of their work, such as asbestos, by non-carcinogenic, or less harmful, substances or agents.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee notes that, according to the Government’s report, workers are protected against all harmful and hazardous factors in the production environment on the basis of the relevant legal and regulatory framework (particularly the Labour Protection Act, 1992; and the Ministry of Health Order No. 246 of 21 May 2007). It also notes the Government’s indication that carcinogenic and other harmful substances in the air of work areas are subject to control by the health and epidemiological inspection services according to State Standard 2008-88 of 12 January 2008. The Government further indicates that there are nine manufacturing enterprises in the construction and petrochemical industries, employing 4,000 employees and 50,000 service personnel, which use chrysotile asbestos. According to the Government’s report, no asbestos processing enterprises exist in the country and the activities in question consist of the manufacture of asbestos cement products (pipes). Furthermore, the Committee notes that, according to the Government’s report, in the period of 2009–11, there were no cases involving occupational diseases related to work with asbestos, and that production operations fully meet the international requirements of the Asbestos Convention, 1986 (No. 162). The Committee requests the Government to continue to provide further information on the application of Article 3 with regard to asbestos and other carcinogenic substances.

Article 3. Record keeping. The Committee notes from the Government’s report that neither were special measures taken for the protection of workers against exposure to carcinogenic substances at the workplace nor was a recording system set up of the number of workers exposed to carcinogenic substances. The Government refers in this regard to a lack of funds on the part of the State or the employers as the root cause of this shortcoming. The Committee draws the Government’s attention to Paragraph 15(1) and (2), of the Occupational Cancer Recommendation, 1974 (No. 147), recommending the establishment and maintenance of a system of records by the competent authority in association with individual employers. It also reminds the Government that the system of records for the prevention and control of occupational cancer consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to assess the effectiveness of preventive measures and to identify remaining and/or new dangers. The Committee therefore requests the Government to take the necessary measures to establish an appropriate system of records at the national level in order to evaluate the different aspects of occupational cancer.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Committee notes that section 5 of the Labour Protection Act provides for the employer’s obligation to provide information in relation to hazardous or harmful factors upon the conclusion of an employment contract. It notes however that, according to the Government’s report, in contradiction with this legal provision, due to a lack of financing, no special steps have been taken to provide workers who are, or are likely to be, exposed to carcinogenic substances or agents with available information on dangers involved and measures to be taken. The Committee requests the Government to take measures to give full effect to this Article of the Convention and to provide information in this respect.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee notes that, according to the Government’s report, the Ministry of Health Order No. 246 of 21 May 2007 establishes the procedure for the medical examination of workers of specific categories, identifies the groups of workers subject to medical examination, and determines the frequency and scope of these examinations. The Committee requests the Government to provide information on the frequency of such examinations.

Article 6. Consultation with the most representative organizations. Responsible body and appropriate inspection system. The Committee requests the Government to take such steps as may be necessary to give effect to the provisions of this Convention in consultation with the most representative organizations of employers and workers and others concerned, and to provide information on the consultations held and the measures taken as a result of such consultations. Please also provide information on paragraphs (b) and (c) of this Article.

Parts III to V of the report form. Court decisions on questions of principles. Application in practice. Communication of a copy to representative organizations of employers and/or workers. The Committee requests the Government to supply in its next report the information requested in Parts III to V of the report form of the Convention.