Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Cancer Convention, 1974 (No. 139) - Czechia (Ratification: 1993)

Articles 1 and 3 of the Convention. Authorization and control of exemptions. Measures of protection. Records. The Committee notes the information provided by the Government in reply to its previous request concerning the regime for the authorization of exceptions from the prohibition of occupational exposure to asbestos, which includes exclusively work connected with the removal and elimination of asbestos installations. The Committee notes the employer’s obligation to notify the competent authority at least 30 days prior to the commencement of work in which workers could be exposed to asbestos and to discuss in advance the measures to prevent and limit hazards to the health of the workers, pursuant to section 41 of Act No. 258/2000 Coll. on public health protection. Sections 5 and 6 of Decree No. 432/2003 Coll. establishing specific conditions for work categorization, as amended, specify the requirements for reporting work that involves exposure to asbestos and biological agents. The Committee also notes the Government’s indication that the number of reported works connected with the removal of asbestos is not recorded. However, the Government indicates that information on the number of workers exposed to asbestos is recorded in the category of “hazardous work” under the national system of work categorization established by sections 37–44 of Act No. 258/2000 Coll. on public health protection, and that records for each worker are kept for a period of 40 years after the termination of exposure, pursuant to section 40 of the Act. The Committee also notes the Government’s indication that employers do not have to report work involving isolated and short-term exposure to asbestos. The Committee requests the Government to provide further information on cases of isolated and short-term exposure of workers to asbestos, including the existence of specific conditions for the granting of exceptions in these cases, the measures taken to ensure the protection of the workers concerned and any type of record kept of such cases.

Article 2. Replacement of carcinogenic substances or agents and protective measures. The Committee notes the Government’s reply to its previous request concerning, where technically possible, the replacement of hazardous substances, preparations and procedures by substances, preparations and procedures that are less hazardous for the health of the workers, and the employer’s obligation to use a closed system for the use and production of hazardous substances, as well as the list of protective measures that employers are required to implement, pursuant to section 18 of Government Regulation No. 361/2007 Coll. on conditions for the protection of health at work.

Article 5 of the Convention. Medical supervision in relation to occupational hazards. The Committee notes the information provided by the Government in reply to its previous request concerning the supervision of workers’ health and in particular the indication that the type and frequency of medical examinations depend on the nature of the actual hazardous substance, agent and exposure, pursuant to Act. No. 373/2011 Coll. on specific health services and Decree No. 79/2013 Coll. on the implementation of certain provisions of this Act, as well as Decree No. 104/2012 Coll. on the assessment of occupational diseases.