Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Occupational Cancer Convention, 1974 (No. 139) - Peru (Ratification: 1976)

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2023.

Article 1(1) and (3) of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes the Government’s indication in its report that Supreme Decree No. 015-2005-SA, approving a Regulation on threshold limit values (TLVs) for chemical agents in the workplace, is currently in force. The Committee notes the CATP’s indication in its observations that this Regulation do not cover all carcinogens and the established exposure limits are significantly higher than those of other countries. The Committee requests the Government to provide its comments in this respect. Furthermore, noting that Supreme Decree No. 015-2005-SA was adopted in 2005 and that it has not been revised since then, the Committee requests the Government to take the necessary steps to adopt and periodically revise: (i) the list of prohibited carcinogenic substances and agents; and (ii) the list of carcinogenic substances and agents which are subject to authorization or control. The Committee also requests the Government to indicate the manner in which the list of prohibited substances or agents is formulated and approved, and the manner in which the identified authorization or control is carried out.

Article 6(a). Requirement to take steps to give effect to the provisions of the Convention in consultation with the most representative employers’ and workers’ organizations concerned. The Committee notes the Government’s indication that the National Occupational Safety and Health Committee established the tripartite Standing Technical Committee on Occupational Cancer and Chemical Agents in the Workplace on 24 October 2018, with a view to taking action to promote, coordinate and supervise compliance with the Convention. The Committee notes the CATP’s indication that the Ministry of Labour and Employment Promotion does not comply with the agreements of the above-mentioned Technical Committee and that this is counterproductive as regards promoting tripartite dialogue. In particular, the CATP indicates that at session No. 12 of the Technical Committee, agreement was reached on the proposal to update the Regulations on the prevention and control of occupational cancer, adopted by Supreme Decree No. 039-93-TR and published on 28 June 1993. This proposal received scientific approval from experts of the National Institute for Neoplasic Diseases, who have also participated in the Technical Committee since it was first established. However, as at 15 August 2023, the CATP has expressed concern at the lack of information on the status of the update of the Regulations. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure tripartite social dialogue in the context of the Standing Technical Committee on Occupational Cancer and Chemical Agents in the Workplace.

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