Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Cancer Convention, 1974 (No. 139) - Portugal (Ratification: 1999)

The Committee notes the observations of the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), communicated with the Government’s report.

Article 5 of the Convention. Medical examinations necessary to evaluate exposure and supervise the state of health in relation to occupational hazards. The Committee notes the observations of the UGT which reiterate that, in view of the fact that many diagnosed cancers are occupational in origin but are not reported as such, an effective campaign must be conducted in order to raise awareness of general practitioners and family doctors with regard to prompt diagnosis of cancers with occupational origins by incorporating screening for certain types of cancers into their examination procedures. The Committee also notes the observations of the CGTP-IN according to which special health monitoring is only provided to workers whose medical examinations have revealed the existence of hazards and that the legislation does not provide for special examinations aimed at assessing the effects of exposure to specific hazards or for continued examination following termination of employment. In this regard, the Committee notes the Government’s indication that, pursuant to section 12 of Legislative Decree No. 301/2000, regulating workers’ protection against hazards associated with carcinogenic or mutagenic agents at work, employers are required to ensure the monitoring of the health of workers for whom hazards have been identified by means of health examinations upon recruitment and then on a regular or occasional basis. The Government indicates that family doctors are tasked with carrying out regular health checks, after termination of employment, for workers exposed to occupational hazards, including exposure to carcinogenic agents. The Committee requests the Government to take all appropriate measures to ensure that the necessary medical examinations or biological or other tests or investigations are guaranteed to all workers likely to be exposed to occupational hazards, both during the period of employment and thereafter. In this regard, it requests the Government to provide further information on the manner in which it is ensured that medical examinations, aimed at supervising the health of workers exposed to occupational hazards after termination of employment, are effectively carried out.

The Committee is raising other matters in a request addressed directly to the Government.