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

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), and 187 (promotional framework for OSH), 115 (radiation protection), 139 (occupational cancer), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents) 176 (safety and health in mines) and 184 (safety and health in agriculture) together.

The Committee takes note of the observations submitted the Confederation of Christian Trade Unions (CSC), the General Confederation of Liberal Trade Unions of Belgium (CGSLB) and the General Labour Federation of Belgium (FGTB) received on 23 September 2025, as well as the Government’s response, received on 24 November 2025.

Application in practice of Conventions Nos 115, 139, 161, 162, 167, 170, 174, 176 and 184. The Committee notes the statistical information provided in the Government’s reports concerning the application in practice of the ratified Conventions, including the number of inspections conducted and the shortcomings observed. It notes, from this information, that the shortcomings identified are being followed up in the “Seveso” enterprises, which fall within the scope of application of the European Directive on the control of major-accident hazards involving dangerous substances. The Committee also notes the observations of the CSC, CGSLB and the FGTB alleging that serious accidents frequently occur and that in the subcontracting supply chain there is an important increase in bogus self-employment, workers without an employment contract, and a lack of communication and coordination. The Committee requests the Government to continue to indicate the number of inspections undertaken, the number of occupational accidents and diseases noted in the different sectors, and the measures taken to reduce them. While noting the Government’s response regarding the revision of the legislation envisaged in respect of temporary or mobile worksites the Committee also requests the Government to provide further information on the measures taken to remedy the shortcomings detected by inspections in: (i) work sites; and (ii) the enterprises where workers are exposed to asbestos. Regarding occupational safety and health services, the Committee requests the Government to provide all available information on their scope of application and the number of workers covered by the health services in practice.

A. General provisions

I . Action at national level

Article 2(2) and (3) of Convention No. 155. Scope of application. Domestic workers and other household staff. Further to its earlier comments on the scope of application of the Act of 4 August 1996 on the well-being of workers, the Committee duly notes that the Royal Order of 7 May 2023 establishes the specific measures related to the well-being at work of domestic workers and household staff. The Committee notes this information, which responds to its previous request.

Article 13 of Convention No. 155. Right of workers to remove themselves. The Committee notes section I.2-26 of the Welfare at Work Code which refers to a case of imminent and serious danger “and which cannot be avoided”. In this regard, the Committee observes that Article 13 of Convention No. 155 does not refer to a danger “that cannot be avoided”. The Committee also notes that in response to its previous comment on Convention No. 167, in which it raised a similar point concerning sections I.2-24 and I.2-26 of the Welfare at Work Code, the Government indicates that a revision of the regulation in force is under way. The Committee takes due note of the Government’s indication, in its response to the observations of the CSC, CGSLB and the FGTB, that the administration will examine the issue and will: (i) introduce a provision allowing workers to remove themselves from the worksite in case of imminent and serious danger in a new regulatory text on work sites; or (ii) amend section I.2-26 of the Code. Taking these indications into account, the Committee requests the Government to continue to provide information on legislative developments in respect of section I.2-26 of the Welfare at Work Code.

National policy

Articles 4 and 8 of Convention No. 155 and 3 of Convention No. 187. National OSH policy. The Committee takes due note of the Government’s indication regarding the 2017 codification of OSH legislation as the Welfare at Work Code. The Committee requests the Government to continue to provide information on all major developments concerning the OSH legislative framework. The Committee also requests the Government to indicate any movement towards the adoption of a new national OSH strategy, in consultation with the social partners.

Article 5(c) of Convention No. 155 and 4(3)(c) of Convention No. 187. Occupational safety and health training. The Committee notes the observations of the CSC, the CGSLB and the FGTB, according to which insufficient attention is paid to training on well-being at work, and that in small enterprises with fewer than 20 workers, the employer may assume the role of prevention adviser, without having undergone the related training. The Committee also notes that the Government, in its response, indicates that the Welfare at Work Code provides explicitly that the Employer must ensure that both the chain of command and the workers undergo training in workers’ well-being. The Committee requests the Government to provide information on the measures taken or envisaged in practice concerning the training of employers who assume the function of prevention adviser.

National Programme

Article 5 of Convention No. 187. Objectives, targets and indicators of progress. With reference to its previous comment, the Committee takes due note of the adoption of a national action plan to improve the well-being of workers at work, 2022–27. According to the Government, this plan is a living framework and will be discussed annually with the social partners in the Higher Council for Occupational Prevention and Protection. The Government also specifies that the list of shared priorities of the social partners of the Council has already been incorporated into the plan of action. The Government refers to the creation of a website in 2024, bringing together 550 Belgian indicators on working conditions and occupational hazards, and which will allow the fixing of concrete indicators to monitor the well-being at work policy for the next national strategy. The Committee requests the Government to provide more information on the indicators of progress elaborated under the national plan of action to improve the well-being of workers at work, 2022–27. It requests the Government to continue to provide information on the development of this plan of action and on the elaboration of the next plan, in consultation with the social partners.

II. Action at the level of the undertaking

Articles 19 and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. The Committee notes the observations of the CSC, the CGSLB and the FGTB that direct participation of workers in small enterprises is often not implemented in practice, and that only three per cent of enterprises in the country benefit from structural social concertation on OSH, in which the representatives of the workers are protected from retaliation by the employer. The Committee request the Government to provide further information on the implementation in practice of Articles 19 and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187.

Occupational Health Services Convention, 1985 (No. 161).

Articles 3(1) and Article 5 of Convention No. 161 of Convention No. 187. Occupational health services for all workers. Functions of the occupational health services. The Committee notes the observations of the CSC, the CGSLB and the FGTB, according to which there is a shortage of occupational physicians, who are unable to perform 67 per cent of the health checks required by law. According to these observations, the doctors are also assigned additional tasks unrelated to primary prevention or health monitoring. The Committee also notes the Government’s response, indicating that it is aware of the shortage of occupational physicians and that it will take note of the concerns expressed by the unions in this regard within the framework of its future reforms. The Committee requests the Government to provide information on the measures taken or envisaged to counter the difficulties identified and ensure, in law and in practice, that Article 3(1) and Article 5 of the Convention are effectively implemented.

B. Protection against specific hazards

The Radiation Protection Convention, 1960 (No. 115)

Article 6(2) of Convention No. 115. Maximum permissible doses. Protection of pregnant and nursing workers. With regard to pregnant or nursing workers, the Committee notes the Government’s indication that Annex X.5-2 of the Welfare at Work Code will be amended and aligned with the provisions of the Royal Order of 20 July 2001 issuing the general regulations on protection of the population, workers and the environment against the hazard of ionizing radiation and with the requirements of the International Atomic Energy Agency. The Committee requests the Government to continue to provide information on legislative developments in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. System of records. The Committee notes that the CSC, the CGSLB and the FGTB indicate in their observations that there are gaps in the collection of data on the exposure of workers to carcinogenic substances. According to these observations, the system of recording data is not uniform throughout the different occupational prevention and protection services. The Committee requests the Government to provide its comments in this respect.

Article 5. Health surveillance. The Committee notes that in their observations, the CSC, CGSLB and the FGTB point to shortcomings in respect of long-term health surveillance, resulting from the difficulty of establishing, in practice, the responsibilities of the different prevention bodies and services. The Committee requests the Government to provide its comments in this respect.

Asbestos Convention, 1986 (No. 162)

Article 22(3) of Convention No. 162.Information for workers. The Committee notes that the CSC, the CGSLB and the FGTB consider, in their observations, that measures to provide workers with information should be reinforced. The Committee notes that the Government, in its response, refers the provisions of section VI.3-36 of the Welfare at Work Code which gives effect in law to Article 22(3). The Committee request the Government to provide all currently available information on the application in practice of section VI.3-36 of the Welfare at Work Code.

Chemicals Convention, 1990 (No. 170)

Article 10(3) of Convention No. 170. Employer’s responsibilities. With reference to its earlier comments, the Committee notes, according to the Government, that compliance with Article 10(3) of the Convention is secured largely by the unavailability on the market of chemical agents that are not in conformity with European Union regulations. The Committee notes this information, which responds to its previous request.

Article 14. Disposal. The Committee notes the information provided by the Government in response to its previous comments on the legislative framework in force concerning disposal of waste in the Brussels Capital and Wallonia regions. The Committee notes this information, which responds to its previous request.

Article 18(1). Workers’ right to remove themselves from danger. The Committee refers the Government to its comment under Article 13 of Convention No. 155. It requests the Government to indicate all other measures taken to ensure the application of Article 18(1) of the Convention.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 20(e) of Convention No. 174. Rights and duties of workers and their representatives. Corrective action and interruption of the activity. The Committee notes the information provided by the Government concerning the provisions that give effect to Article 20(e).The Committee requests the Government to provide information on the application in practice, in the context of “Seveso” enterprises, of Article 20(e), which provides that workers and their representatives shall, within the scope of their job, and without being placed at any disadvantage, take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident, and notify their supervisor or raise the alarm, as appropriate, before or as soon as possible after taking such action.

C. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12 of Convention No. 167. Right of workers to remove themselves from imminent and serious danger. Obligation of employers where there is an imminent danger to the safety of workers. Further to its previous comments on sections I.2-24 and I.2-26 of the Welfare at Work Code, the Committee refers the Government to its comment under Article 13 of Convention No. 155. It also requests the Government to report on any progress made regarding the amendment of section I.2-24 of the Welfare at Work Code.

Article 23. Work over water. Further to its previous comments, the Committee notes that according to section IV.2-1 of the Welfare at Work Code, when choosing work equipment to be used, the employer shall take into consideration the specific characteristics of the work and existing hazards in the enterprise or establishment, in particular at work posts. The Committee notes this information, which responds to its previous request.

Article 27. Explosives. Further to its previous comments, the Committee notes that the Government refers to the Royal Order of 23 September 1958 issuing the general regulations for the manufacture, storage, possession, sale, transport and use of explosive products. Section 59 of this Order provides that piecework in a workshop deemed hazardous shall only be undertaken after consultation of the safety and health committee and with a favourable opinion issued by the explosives service, which prescribes the safety measures required. According to section I.2-20 of the Welfare at Work Code, the employer shall take the necessary measures to allow access to zones of grave and specific danger only to workers that have undergone appropriate training. Finally, in its response to the observations of the CSC, the CGSLB and the FGTB, the Government refers to section 26(1)(9) of the Royal Order of 25 January 2001 concerning temporary or mobile work sites, which makes the establishment of a safety and health plan mandatory for work involving the use of explosives. Noting the general requirement to establish a safety and health plan, the Committee requests the Government to indicate all provisions specifically concerning the conditions for the storage, transport, handling and use of explosives on construction sites.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of Convention No. 184. Coherent national policy on safety and health in agriculture. With reference to its previous comments, the Committee takes due note of the Agreement of 2015 on well-being at work and safety at work in the agricultural and horticultural sector and the information provided by the Government regarding its implementation. It notes that the signatories agree to evaluate the Agreement of 2015 at regular intervals and, if required, to adapt it for the following year (section 5 of the Agreement of 2015). The Committee also takes note of the various activities undertaken and tools introduced under the National Strategy for Welfare at Work 2016–2020, particularly aimed at improving OSH in small and medium-sized enterprises. The Committee requests the Government to provide information on the periodic re-examination, in practice, of the coherent national policy on safety and health in agriculture, and on consultations held with the social partners in this regard.

Article 4(2)(a) and (c). Competent authority and mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the information provided by the Government on the distribution of competence between the different authorities in charge of the marketing and monitoring of biocidal and plant protection products. The Committee also notes, according to section 2 of the Agreement of 2015 on well-being at work and safety at work in the agricultural and horticultural sector, that the signatories agreed to establish a support committee, with the aim of maximizing alignment of the initiatives for a coordinated approach to improving safety at work on the ground. The Committee requests the Government to continue providing information on the mechanisms of inter-sectoral coordination between the authorities and the relevant bodies in the agricultural sector, including the function of the support committee in this regard.

Article 7(c) and 8(1)(c). Obligation of employers where there is an imminent and serious danger. Right of workers to remove themselves from danger. The Committee refers the Government to its comment under Article 13 of Convention No. 155. It also requests the Government to report on progress made regarding the amendment of section I.2-24 of the Welfare at Work Code.

Articles 12(c) and 13(2)(b), (c) and (d). Suitable system for the safe collection, recycling and disposal of chemical waste. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee notes the information provided by the Government regarding the AgriRecover system in the Wallonia region. The Government also states that supervision of farmers as regards the safe use of plant protection products is ensured through the requirement to hold a federal licence known as a “phytolicence”. The Committee requests the Government to provide more information on the manner in which the “phytolicence” system regulates, at undertaking level: (i) agricultural activities leading to the dispersal of chemicals (Article 13(2)(b)); (ii) the maintenance, repair and cleaning of equipment and containers for chemicals (Article 13(2)(c)); and (iii) the disposal of empty containers and the treatment and disposal of chemical waste and obsolete chemicals (Article 13(2)(d)).

Article 19. Minimum accommodation standards for workers. The Committee takes note of the observations of the CSC, the CGSLB and the FGTB, indicating that the social partners were not involved in decisions concerning standards regarding accommodation, which come under the competence of the regions and, for certain aspects, of the municipal administrations. The Committee again requests the Government to provide information on the measures taken at regional level to give effect to these provisions, and on the consultations held in this regard with the social partners.

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

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its reports. It wishes to draw the Government’s attention to the following matter.

Article 5 of the Convention.  The Committee notes that pursuant to section 15, paragraph 1, of the Royal Decree of 2 December 1993 concerning the protection of workers against hazards connected with exposure to carcinogenic substances, as modified, workers assigned to activities likely to entail a risk of exposure to carcinogenic substances benefit from a prior medical examination which includes a biological examination, if appropriate, and that medical supervision must be provided at least once yearly throughout the time that the worker suffers this exposure. In addition, section 15, paragraph 3, provides for medical supervision, after an opinion by the adviser in preventive medicine, for workers who show some anomaly resulting from exposure to carcinogenic substances. The Committee recalls that Article 5 of the Convention, which provides that measures shall be taken to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, is intended to meet the frequent situation in which the cancer is not discovered before the worker leaves the employment involving exposure to carcinogenic substances. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that workers have a medical examination after cessation of the work involving exposure to carcinogenic substances. It also requests the Government to indicate the criteria laid down to determine whether biological supervision is appropriate.