Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Occupational Cancer Convention, 1974 (No. 139) - Belgium (Ratification: 1996)

The Committee notes the information provided by the Government in reply to its previous comments. It wishes to draw the Government’s attention to the following point.

Article 5 of the Convention. Medical examinations after the period of employment. The Committee notes that under the terms of section 131ter of the General Regulation on Labour Protection, as amended, the health of any worker who so wishes is assessed at regular intervals, in accordance with the provisions of section 128bis. The Committee notes the Government’s statement that section 131ter of the above Regulation meets the requirement of Article 5 of the Convention, as it entitles workers to a medical examination, whatever their occupation, during the entire period of employment. However, the right to medical examinations is contingent not on exposure to carcinogenic substances but on the existence of health and safety risks that persist beyond the period of exposure. The Government also refers to section 15(5) of the Royal Decree of 2 December 1993 on the protection of workers against the risks of exposure to carcinogenic substances at work, by virtue of which employers are bound to inform and advise workers assigned to activities likely to involve a risk of exposure to carcinogenic substances, of any health assessments they may undergo after the end of the period of exposure. While noting the provisions referred to by the Government, the Committee notes, and the Government confirms, that section 131ter of the General Regulation on Labour Protection, as amended, restricts medical examinations to the period of employment. With regard to section 15(5) of the Royal Decree of 2 December 1993 on the protection of workers against the risks of exposure to carcinogenic substances at work, under which employers are bound to inform the workers concerned of the existence of health assessments that they may undergo after the period of exposure, the Committee is of the view that this provision does not fulfil the requirements of Article 5 of the Convention. The Committee wishes to emphasize that, according to the Convention, as well as informing the workers concerned it is necessary to take specific measures in order to ensure that they may undergo an adequate medical examination. The Committee therefore requests the Government to indicate whether there are any rules or regulations indicating the measures taken to ensure that the workers concerned are entitled to the medical examinations envisaged under this Article of the Convention after the period of employment as well.