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RS 0.832.329 Convention no 139 of 24 June 1974 concerning the prevention and control of occupational risks caused by carcinogens and agents (with recommendation)

Original Language Title: RS 0.832.329 Convention no 139 du 24 juin 1974 concernant la prévention et le contrôle des risques professionnels causés par les substances et agents cancérogènes (avec recommandation)

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0.832.329

Original text

Convention (n O 139) concerning the prevention and control of occupational risks caused by carcinogens and substances

Adopted at Geneva on 24 June 1974

Approved by the Federal Assembly on March 18, 1976 1

Instrument of ratification deposited by Switzerland on 28 October 1976

Entry into force for Switzerland on 28 October 1977

(State on 2 September 2010)

The General Conference of the International Labour Organization,

Convened in Geneva by the Executive Board of the International Labour Office, and met on 5 June 1974, at its fifty-ninth session;

Noting the terms of the Convention and the Recommendation on Radiation Protection, 1960 2 , and the Convention and Recommendation on Benzene, 1971 3 ;

Considering the desirability of establishing international standards for the protection against carcinogenic substances or agents;

Taking into account the relevant work of other international organizations, including the World Health Organization and the International Agency for Research on Cancer, with which the International Labour Organization collaborates;

Having decided to adopt various proposals relating to the prevention and control of occupational risks caused by carcinogens and substances, the fifth item on the agenda of the session;

Having decided that these proposals would take the form of an international convention,

Adopts, this twenty-fourth day of June, nine hundred and seventy-four, the following convention, which will be called the Convention on Professional Cancer, 1974.

Art. 1

1. Any Member ratifying this Convention shall periodically determine which substances and carcinogens to which occupational exposure will be prohibited or subject to authorisation or control, as well as those to which it applies Other provisions of this Agreement.

2. A derogation from the prohibition may be granted only by an act of individual authorisation specifying the conditions to be fulfilled.

3. In order to determine, in accordance with paragraph 1, these substances and agents, the most recent data contained in the Codes of Practice or Guides should be taken into account as the International Labour Office Could develop as well as information from other relevant bodies.

Art. 2

1. Any Member ratifying this Convention shall endeavour to replace the carcinogenic substances and agents to which workers may be exposed during their work by non-carcinogenic substances or agents or by Less harmful substances or agents; in the choice of replacement substances or agents, consideration should be given to their carcinogenic, toxic or other properties.

2. The number of workers exposed to carcinogenic substances or agents and the duration and level of exposure should be kept to a minimum compatible with safety.

Art. 3

Any Member ratifying this Convention shall prescribe the measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents and shall establish a system for the registration of data.

Art. 4

Any Member ratifying this Convention shall take measures to ensure that workers who are exposed to, or at risk of being exposed to, carcinogenic substances or agents are provided with all available information on the risks Include these substances and agents and the measures required.

Art. 5

Any Member ratifying this Convention shall take measures to ensure that workers receive, during and after their employment, medical or biological examinations or other tests or investigations necessary to assess their exposure and Monitor their health status with respect to occupational risks.

Art. 6

Any Member which ratifies this Convention:

(a)
Shall take, by legislation or any other method in accordance with national practice and conditions, and in consultation with the organisations most representative of employers and interested workers, the measures Necessary to give effect to the provisions of this Agreement;
(b)
Shall designate, in accordance with national practice, the persons or bodies required to comply with the provisions of this Convention;
(c)
Shall provide appropriate inspection services for the monitoring of the application of the provisions of this Convention or ensure that adequate inspection is ensured.
Art. 7

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 8

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each member twelve months after the date on which its ratification has been registered.

Art.

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 10

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 11

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.


Art. 12

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art. 13

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)
Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 9 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;
(b)
From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. 14 Recommendation (n O 147)
Concerning prevention and control
Occupational hazards caused by substances
And carcinogens I. General provisions II. Preventive Measures III. Occupational Health Surveillance IV. Information and education V. Implementing measures Scope of application September 2, 2010 Declaration

The English and French versions of the text of this Agreement are equally authentic.

Recommendation (n O 147) concerning the prevention and control of occupational risks caused by carcinogens and substances

The General Conference of the International Labour Organization,

Convened in Geneva by the Executive Board of the International Labour Office, and met on 5 June 1974, at its fifty-ninth session;

Noting the terms of the Convention and the Recommendation on Radiation Protection, 1960, and the Convention and Recommendation on Benzene, 1971;

Considering the desirability of establishing international standards for the protection against carcinogenic substances or agents;

Taking into account the relevant work of other international organizations, including the World Health Organization and the International Agency for Research on Cancer, with which the International Labour Organization collaborates;

Having decided to adopt various proposals relating to the prevention and control of occupational risks caused by carcinogens and substances, the fifth item on the agenda of the session;

Having decided that these proposals would take the form of a recommendation,

Adopted, this twenty-fourth day of June, nine hundred and seventy-four, the following recommendation, which will be referred to as the Recommendation on Professional Cancer, 1974.


General provisions

Every effort should be made to replace the carcinogenic substances or agents to which workers may be exposed during their work by non-carcinogenic substances or agents or by less harmful substances or agents; In selecting replacement substances or agents, consideration should be given to their carcinogenic, toxic or other properties.

2. The number of workers exposed to carcinogenic substances or agents and the duration and level of exposure should be kept to a minimum compatible with safety.

3.
(1) The competent authority should prescribe the measures to be taken to protect workers from exposure to carcinogenic substances or agents.
(2)
The competent authority should keep these measures up-to-date, taking into account the collections of practical guidelines or guides which the International Labour Office could draw up, the conclusions of the expert meetings that could be Convened by the International Labour Office as well as any information from other competent bodies.
4.
(1) Employers should make every effort to use work processes that do not give rise to training or, above all, in the work environment of substances or carcinogens as the main product, product Intermediate, sub-product, waste or other.
(2)
Where the complete elimination of a carcinogen or substance is not possible, employers should, in consultation with workers and their organizations, and in the light of advice from authorized sources, including: Occupational health services -, implement all appropriate means to remove exposure or minimize the number of exposed persons, duration and levels of exposure.
(3)
Employers should, in cases to be determined by the competent authority, take the necessary steps to systematically monitor the duration and levels of exposure to carcinogenic substances or agents in the working environment.
(4)
Where carcinogenic substances or agents are transported or stored, appropriate measures should be taken to prevent leakage or contamination.

5. Workers and any other persons taking part in occupational activities involving a risk of exposure to carcinogenic substances or agents should comply with prescribed safety procedures and make proper use of Any equipment provided for the protection or protection of third parties.


II. Preventive Measures

6. The competent authority should periodically determine which substances and carcinogens to which occupational exposure should be prohibited or subject to authorisation or control, as well as those to which others would apply Provisions of the recommendation.

7. In order to determine these substances, the competent authority should take into account the most recent data contained in the collections of practical guidelines or guides which the International Labour Office could develop and in Conclusions of the expert meetings that the International Labour Office could convene, as well as information from other relevant bodies.

8. The competent authority may grant derogations from the prohibition by an act of individual authorisation specifying:

(a)
Technical measures, hygiene measures and individual protection measures to be applied;
(b)
The monitoring required and the reviews or investigations to be conducted;
(c)
The data to be recorded;
(d)
The professional qualifications required of persons responsible for monitoring exposure to these substances or agents.
9.
(1) For substances and agents subject to authorisation or control, the competent authority should:
(a)
Obtain the necessary opinions, in particular as regards the existence of alternative products or methods, on technical measures, hygiene measures and individual protection measures and on medical supervision or examinations or Investigations to be carried out before, during and after the posting of workers to tasks involving exposure to the substances or agents in question;
(b)
Require appropriate action to be taken.
(2)
The competent authority should also establish the criteria for determining the level of exposure to the substances or agents in question and, in appropriate cases, specify which levels should be considered as an indication for the Monitoring of the work environment in relation to the required technical prevention measures.

The competent authority should ensure that decisions on the substances and carcinogens that it has taken under this part of the recommendation are kept up-to-date.


III. Surveillance of workers' health

11. It should be foreseen, by national legislation or by any other method in accordance with national practice and conditions, that any worker assigned to work involving exposure to carcinogenic substances or agents Specified should be submitted, as required:

(a)
A pre-assignment medical examination;
(b)
Periodic medical examinations at appropriate intervals;
(c)
Biological or other investigations or investigations necessary to assess exposure and monitor health status with respect to occupational hazards.

12. The competent authority should ensure that arrangements are made for workers to continue to benefit from appropriate medical, biological or other tests or investigations after the termination of the assignment in question. By. 11 of this recommendation.

13. Medical examinations and other examinations or investigations provided for in s. 11 and 12 of this recommendation should take place, as far as possible, during working hours and should not result in any expense to workers.

If, as a result of any action taken pursuant to this recommendation, it appears inappropriate to continue to expose a worker to carcinogenic substances or agents by reason of his normal employment, all reasonable means should be Implemented to transfer this worker to other suitable employment.

15. (1)
The competent authority should, as soon as possible, develop and maintain, with the cooperation of individual employers and workers' representatives, a system of prevention and control of professional cancer involving:
(a)
Data recording, maintenance, retention and transfer of data;
(b)
Exchange of information.
(2)
In order to establish such a system for the recording of data and exchange of information, consideration should be given to the assistance that international and national organizations, including employers'and employers' organizations, can provide And individual employers.
(3)
In the event of the closure of a company, the data and information collected pursuant to this paragraph should be processed in accordance with the directives of the competent authority.
(4)
In any country where the competent authority does not establish such a system for the registration of data and information, employers should, in consultation with workers' representatives, endeavour to apply this paragraph.

IV. Information and education

16. (1)
The competent authority should promote epidemiological and other studies as well as gather and disseminate information on the risks of professional cancer, with the assistance, where appropriate, of national organisations and International, including employers'and workers' organisations.
(2)
It should endeavour to establish criteria for determining the carcinogenicity of a substance or agent.

17. The competent authority should develop adequate education manuals for employers and workers concerning substances and agents capable of causing occupational cancer.

18. Where substances or agents are implemented or are to be implemented in the undertaking, employers should inform the competent authority, in particular, of the risks of cancer that may arise; where there is They should decide, in consultation with the competent authority, for further studies to be carried out.

19. Employers should ensure that, in all cases involving the use of carcinogenic substances or agents, the resulting risk is appropriately reported in the workplace to any worker who may be exposed to it.

Employers should instruct workers prior to their assignment and subsequently regularly, as well as in the introduction of a new carcinogen or a new carcinogen, of the risks resulting from exposure to Carcinogenic substances or agents, as well as required measures.

21. Employers'and workers' organisations should take concrete steps to implement information and education programmes on the risks of professional cancer and should encourage their members to participate To the prevention and control programmes.


Enforcement measures

Each Member should:

(a)
Take, through legislation or any other method in accordance with national practice and conditions, the necessary measures, including the adoption of appropriate sanctions, to give effect to the provisions of this recommendation;
(b)
Designate, in accordance with national practice, persons or organizations required to comply with the provisions of this recommendation;
(c)
To provide appropriate inspection services for monitoring the application of the provisions of this recommendation, or to ensure that adequate inspection is carried out.

23. By giving effect to the provisions of this recommendation, the competent authority should consult the organisations most representative of employers and interested workers.


Scope of application on 2 September 2010 4

States Parties

Ratification Statement of Succession (S)

Entry into force

Afghanistan

May 16

1979

May 16

1980

Germany

August 23

1976

August 23

1977

Argentina

15 June

1978

15 June

1979

Belgium

11 October

1996

11 October

1997

Bosnia and Herzegovina

2 June

1993 S

2 June

1993

Brazil

27 June

1990

27 June

1991

Croatia

8 October

1991 S

8 October

1991

Denmark *

6 June

1978

6 June

1979

Egypt

25 March

1982

25 March

1983

Ecuador

March 27

1975

10 June

1976

Finland

4 May

1977

4 May

1978

France

August 24

1994

August 24

1995

Guinea

20 April

1976

20 April

1977

Guyana

10 January

1983 S

10 January

1983

Hungary

10 June

1975

10 June

1976

Iraq

March 31

1978

March 31

1979

Ireland

April 4

1995

April 4

1996

Iceland

21 June

1991

21 June

1992

Italy

23 June

1981

23 June

1982

Japan

26 July

1977

26 July

1978

Lebanon

23 February

2000

23 February

2001

Luxembourg

April 8

2008

April 8

2009

Macedonia

17 November

1991 S

17 November

1991

Montenegro

3 June

2006 S

3 June

2006

Nicaragua

1 Er October

1981

1 Er October

1982

Norway

14 June

1977

14 June

1978

Peru

16 November

1976

16 November

1977

Portugal

3 May

1999

3 May

2000

Czech Republic

1 Er January

1993 S

1 Er January

1993

Serbia

24 November

2000 S

19 August

1978

Slovakia

1 Er January

1993 S

1 Er January

1993

Slovenia

29 May

1992 S

29 May

1992

Sweden

23 September

1975

23 September

1976

Switzerland

28 October

1976

28 October

1977

Syria

1 Er February

1979

1 Er February

1980

Ukraine

17 June

2010

17 June

2011

Uruguay

July 31

1980

July 31

1981

Venezuela

July 5

1983

July 5

1984

*

Statements, see below.


Statement

Denmark

The Convention is not applicable to Greenland and the Faroe Islands.


RO 1977 1862; FF 1975 II 370


1 Art. 1 al. 1 AF of March 18, 1976 (RO 1977 1861)
2 RS 0.814.502.1
3 RS 0.832.326
4 RO 1977 1872, 1982 1829, 1983 265, 1985 1799, 1987 1359, 1992 938, 2005 1861 and 2010 4945. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status on September 2, 2010