Occupational Cancer Convention, 1974 (No. 139) - Hungary (Ratification: 1975)

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 ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 127 (maximum weight), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), and 167 (safety and health in construction) together.

The Committee notes the observations of the Forum for the Co-operation of Trade Unions (SZEF) and the Hungarian Trade Union Confederation (MASZSZ), received in 2024. It also notes the observations made by the workers’ representatives of the National ILO Council communicated with the Government’s reports concerning Conventions Nos 155 and 167.

General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

The Committees notes the information provided by the Government on the implementing measures giving effect to Article 11(b) (on determination of work processes, substances and agents subject to authorization or control), Article 11(f) (systems to examine chemical, physical and biological agents in respect of the risk to the health of workers) and Article 16 of the Convention (employers’ responsibilities) which responds to its previous request.

Articles 4, 7 and 8 of Convention No. 155. National OSH policy and review of the national OSH situation. Following its previous comments, the Committee notes the Government’s indications in its report regarding the adoption of the national OSH policy for the period 2016–22, in consultation with the most representative organizations of employers and workers. It also notes with interest the information provided by the Government on the subsequent discussion and adoption of the national OSH policy for the period 2024–27 within the National Commission for Occupational Safety and Health, which aims to improve the prevention of occupational accidents and diseases and the preparedness for possible future health emergencies. To achieve these objectives, measures will be adopted at the national, sectoral and workplace levels, including for the identification, prevention and reduction of ergonomic and psychosocial risks, and the promotion of safe and healthy working conditions, particularly in the agriculture sector and in micro, small and medium-sized enterprises, among others.

The Committee further notes that, in their observations, the workers’ representatives of the National ILO Council claim that the OSH management system currently places little emphasis on prevention and add that there is a persistent lack of OSH prevention in the public sector and in micro, small and medium-sized enterprises. The Committee requests the Government to continue to provide information on the measures taken to ensure the implementation of the national OSH policy 2024–2027, in consultation with the representative organizations of employers and workers concerned, including the measures taken to prevent occupational accidents and diseases in the public and private sectors, including in micro, small and medium-sized enterprises. It also requests the Government to provide further information on the review of the national OSH policy, including information on any discussions regarding OSH held at the National Commission for Occupational Safety and Health, the main problems identified, the methods for addressing them and the priorities for action established.

Articles 5(c), 14 and 19(d). Appropriate training in occupational safety and health. The Committee notes that in their observations, the SZEF and the MASZSZ claim that under section 55(2a) of the OSH Act, in the case of the types of work defined in the Minister’s regulations, the training required when an employee is hired, and when the workplace, job position or requirements for safe and healthy work change, may also be provided by giving the employee the general training material specified in the Minister’s decree or by publishing the training content on an internal electronic network accessible to the employee. The workers’ organizations indicate that, according to Decree No. 6 of 2024, employers are authorized to apply the provision of section 55(2a) of the OSH Act with respect to office workers and teleworkers using information technology and computer equipment. They claim that, although the exception has so far been limited to these two categories of workers, the Minister can extend the personal scope of this provision to other categories of workers by adopting new decrees. The SZEF and the MASZSZ claim that the fact that employers can fulfil their legal obligation by giving the employee the general training or by publishing the content to the internal electronic network undermines the adequacy and suitability of the training provided to workers. The workers’ organizations state that office workers and teleworkers are highly exposed to ergonomic and psychosocial risks. The Committee requests the Government to provide its comments in this respect.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s indications that Act XXV of 2000 on Chemical Safety, which aims to identify, prevent, reduce, eliminate and disclose the harmful effects of dangerous substances and mixtures, contains detailed provisions on the manufacture, import and supply of dangerous substances (sections 14, 20(1), 21(4), 30 and 31), as well as on the provision of information and instructions on their correct installation and use (sections 6, 8, 10 and 20(5)). It also notes that Decree No. 16 of 2008 on safety requirements and certification of conformity of machinery establishes requirements for the design of machinery in relation to ergonomics, lighting, protective devices, emergency stops, noise, vibration, radiation and emissions of hazardous substances (Annex 1), as well as the obligation of the manufacturer to draw up instructions for the correct assembly, installation and use of machinery (sections 112(a), 137, 174 and 17.42(k)), and to carry out studies on machinery to determine whether the design and construction are safe (section 1 of Annex 8). The Committee further notes that Decree No. 10 of 2016 on minimum health and safety requirements for work equipment and its use establishes OSH standards for the design of work equipment (sections 4, 33(1), (2) and (4) and 36(1)), and the obligation to install, use and dismantle work equipment in accordance with the manufacturer’s instructions (sections 29(2), 37(1), 52(3)(a)). Noting the Government’s indications that the development of OSH legislation will continue to be carried out on a tripartite basis, taking into account the opinion of professional organizations such as the National Association of Lifting Machinery, the National Trade Association of Construction Contractors and the Hungarian Chemical Industry Association, the Committee requests the Government to indicate the measures taken to ensure that those who design, manufacture, import, supply or transfer equipment and substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b) of the Convention, including the adoption of legislation in this regard in consultation with the representative organizations of employers and workers concerned.

Article 9. Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. The Committee notes the observations made by the workers’ representatives of the National ILO Council stating that: (i) the downsizing of the occupational safety and health authority makes it inadequate to fulfil its purpose; and (ii) the number of OSH inspections is decreasing. It also notes the information provided by the Government on the labour inspection services carried out from 2015 to 2023, including the number of inspection visits carried out, the annual inspections made by subject area, the number of OSH irregularities detected, the number of occupational accidents registered (683 fatal accidents, 1,521 serious accidents and 1,996 severe injuries), and the number of occupational diseases and cases of increased exposure notified (15,803 cases).

The Committee further notes the Governments’ indication that the national OSH policy 2024–27 aims to strengthen the operational capacity of the occupational safety and health authority. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to continue to provide information on the measures taken in practice to strengthen its labour inspection system and to enforce the laws and regulations concerning occupational safety and health and the working environment. In this respect, it also requests the Government to continue to provide information on the number, nature and causes of the occupational accidents and diseases notified, as well as information on the inspection activities carried out.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(f) of Convention No. 161. Surveillance of workers’ health in relation to work. The Committee notes that in their joint observations, the SZEF and the MASZSZ claim that: (i) under section 49(1a) of the OSH Act, which entered into force in September 2024, the suitability and health of the employee required for a job should be decided on the basis of a medical examination only in the cases provided for by law or at the employer’s discretion; and (ii) according to section 51(4) of the Labour Code, employers are only required to provide free regular medical examinations when provided by law.

The Committee notes that, in accordance with Decree No. 49 of 2024 on the organization of the compulsory aptitude test for work, fitness for work shall be decided on the basis of medical examinations and opinions in cases where workers are exposed to the following risks: hazardous chemicals, ionizing radiations, handling of loads of more than 10 kilograms, biological agents, dust, noise, vibrations, machinery, work in mines, work with risk of explosion, work with oil and gas, night shift work, work involving heat or cold stress and work at heights.

The Committee notes that the SZEF and the MASZSZ indicate that, according to the joint opinion of the workers’ and employers’ representatives of the national OSH Committee, the system of medical examinations instituted under section 49(1a) of the OSH Act, section 51(4) of the Labour Code and Decree No. 49 of 2024: (i) leads to the exclusion of vulnerable groups of workers from the provision of medical examinations, including pregnant women, young workers and older workers; (ii) does not take into account ergonomic and psychosocial risks; and (iii) does not specify whether it applies to pre-employment examinations as well as periodic examinations. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide information on the measures taken to progressively develop health surveillance in relation to work, including for workers exposed to ergonomic and psychosocial risks. It also requests the Government to provide information on the number of medical examinations carried out prior to employment and at regular intervals thereafter.

Articles 8, 9 and 16. Supervision of the operation of occupational health services. Following its previous comments, the Committee notes that the Government indicates that, by virtue of section 4 of Decree No. 27 of 1995 on occupational health services, these services perform multidisciplinary functions that include (i) identifying sources of risk in the working environment; (ii) providing occupational health services in physiology, psychology, rehabilitation, ergonomics, hygiene, chemical safety and first aid; (iii) reporting on health and safety issues related to working conditions; (iv) advising on personal protective equipment; and (v) reporting and investigating occupational diseases and cases of increased exposure. The Government adds that in order to fulfil these tasks, in the period 2018–2023, 330 graduates, together with specialists and nurses, participated in the implementation of multidisciplinary occupational health services.

With regard to the supervision of their operation, the Government indicates that occupational health is monitored by the Department of Occupational Safety and Health and the National Centre for Public Health and Pharmacy, and that occupational health services report annually on their work. In this respect, the Committee notes that in 2023, the occupational health services conducted 466,702 on-site occupational health inspections, recorded 3,337,120 workers exposed to pathological factors, examined 46,138 cases related to working conditions, treated 366,615 workers with chronic illnesses, organized 4,952 health promotion activities, and carried out 304,258 consultations on occupational health matters. The Committee also notes the Government’s indication that the employer, the workers and their representatives participate on an equal footing in the organization of measures related to occupational health, including the selection and evaluation of the occupational health services and the investigation of the circumstances of occupational diseases and incidents of increased exposure. The Committee takes note of this information, which responds to its previous request.

Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Article 5 of Convention No. 127. Adequate training on working techniques for the manual transport of loads. Following its previous comments, the Committee notes that the Government indicates that, under section 55(1) of the OSH Act, employees must receive OSH training, including the necessary information, rules and instructions, before starting work, when the requirements for safe and healthy work change, when the workplace or job changes and when work equipment is adapted. It also notes that the Government indicates that: (i) during official inspections, the occupational safety and health authority verifies that employees receive information before the manual transport of loads, checking in particular whether they are informed of the risks associated with the manual transport of loads, as well as the relevant rules to avoid such risks; and (ii) in the larger supermarket chains, leaflets with images related to the manual transport of loads and lifting equipment are placed at all work stations, and workers are asked to confirm that they have read them.

The Government also indicates that in workplaces where it is necessary for employees to transport loads manually (due to structural characteristics limiting the use of lifting equipment) OSH training on correct manual transportation is especially important. The Committee requests the Government to continue to provide information on the measures taken to ensure, in accordance with Article 5 of the Convention, that workers assigned to the manual transport of loads receive, prior to such assignment, adequate training or instructions on working techniques, with a view to safeguarding health and preventing accidents.

Application in practice. Further to its previous comments, the Committee notes the information provided by the Government on: (i) the supervision of compliance with the provisions on manual transport of loads during every annual inspection; (ii) the number of official measures taken with respect to violations of manual transport of loads rules from 2018 to 2023, which show a steady decrease per year (98 measures in 2018, 63 in 2019, 40 in 2020, 36 in 2021, 34 in 2022, and 16 in 2023); and (iii) the awareness-raising campaigns on safe manual transport of loads carried out between 2020 and 2022, during which informative material and lectures were given to occupational safety specialists, employers and employees. It also notes the Governments’ indication that disorders of the skeletal and muscular system are the most common among workers in the commerce, goods transportation, construction and health sectors. The Committee requests the Government to continue to provide information on the number of inspections carried out in relation to manual transport of loads and the infringements detected, the number of official preventive measures applied, the number of disorders of the skeletal and muscular system diagnosed and the number of sanctions imposed.

Occupational Cancer Convention, 1974 (No. 139)

Legislation. Following its previous comments, the Committee notes the information provided by the Government on the adoption of Decree No. 55 of 2023, which the Government indicates implements the EU Regulation No. 1907 of 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), Annex XVII of which contains a list of carcinogens subject to prohibition, authorization and control, which is periodically reviewed and updated. The Government indicates in this respect that Decree No. 55 gives effect to a number of provisions of the Convention, namely: Article 2(2) on the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of such exposure to the minimum compatible with safety (sections 5(5), 6(1), 7(3)); Article 3 on measures to protect workers against the risks of exposure to carcinogenic substances, including a system of records (sections 5(8) and(12) and 17 and 15(6)); and Article 4 on the obligation to inform workers of the risks that carcinogenic substances pose to their health and the measures that should be taken (sections 12 and 13(2)). The Committee requests that the Government take into account its comments below concerning Article 5 of the Convention.

Article 2(1) of Convention No. 139. Replacing carcinogenic substances with non-carcinogenic substances or less harmful substances. Further to its previous comments, the Committee notes the Government’s indications that: (i) under section 54(1)(f) of the OSH Act, employers are required to replace hazardous working conditions with safe or less hazardous working conditions to ensure safe and healthy work; and (ii) by virtue of section 5(13) and (14) of Decree No. 55 of 2023, the use of carcinogenic substances may only be introduced if it is technically impossible to substitute them with non-carcinogenic substances or with less harmful substances. If a non-carcinogenic or less dangerous substance is available, the employer must explain why the carcinogenic substance is not being replaced.

It also notes that the Government indicates that the occupational safety and health authority draws the employers’ attention to the need to substitute carcinogenic substances with non-carcinogenic or less potent substances, where possible. It indicates that during inspections, the authority has noted that employers are prioritizing the substitution of carcinogenic substances with a view to complying with the requirements of Decree No. 55 of 2023. The Government adds that, in practice, the difficulties regarding the substitution of carcinogenic substances with non-carcinogenic ones is mainly due to economic limitations as well as a lack of knowledge or technological specificities. Noting the challenges identified by the Government, the Committee requests the Government to provide further information on the measures taken to support employers in overcoming these difficulties, with a view to ensuring that, in practice, carcinogenic substances and agents are replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5. Medical examinations after the period of employment. The Committee notes that section 15(1) of Decree No. 55 of 2023 provides for medical examinations prior to the commencement of employment involving exposure to carcinogenic substances, as well as periodic examinations during the period of employment. It notes, however, that according to section 15(3) of the aforementioned Decree, the health of the worker is monitored after the end of exposure to carcinogenic substances at the initiative of the doctor or the occupational safety and health authority. The Committee requests the Government to provide information on the implementation of section 15(3) with a view to ensuring that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment.

Article 6(b) and (c). Appropriate inspections services. Application in practice. Further to its previous comments, the Committee notes that the Government indicates that (i) the bodies responsible for ensuring compliance with the Convention are the occupational safety and health authority (section 86(1)(b) of the OSH Act) and the State Health Administration Body (section 4(3) of Act XI of 1991 on Health Authorities and Administration); and (ii) the OSH Act establishes the procedure in case of violation of the rules relating to the application of the Convention, including the powers of labour inspectors to order remedial measures, prohibition measures and measures of immediate executory force, in case of exposure to carcinogenic substances or agents (section 84(1)), and the imposition of penalties for violation of OSH requirements (section 82(1)).

Furthermore, the Committee notes the information provided by the Government on the application in practice of the Convention from 2016 to 2023, including the number of inspections carried out (1,065), the number of cases of increased exposure to lead and its inorganic compounds (122), the number of workers affected by asbestos demolition activities (10,249), the number of remedial and suspension orders issued (2,251), the number and amounts of fines imposed (62 fines, amounting to 65,346,651 Hungarian forints), and the number of cases of occupational cancer reported (25). The Government indicates that the lack of knowledge on the part of employers of the carcinogenic properties of the substances and agents gives rise to various infringements, such as: lack of risk assessments, lack of information provided to workers on the carcinogenic risks involved and the measures to be taken, lack of ventilation and decontamination of the working environment, poor occupational hygiene, lack of surveillance of workers’ health through medical examinations and lack of adequate records. The Government adds that, according to the occupational hygiene and occupational health body, deaths caused by occupational cancer represent approximately 10 per cent of all cases of fatal cancers in the country. Noting the Government’s indications that it plans to report activities involving carcinogenic substances on the official website of the Minister of Employment and Social Affairs and increase inspections of workplaces where activities involving exposure to these substances and agents are carried out,the Committee requests the Government to continue to provide information on the measures adopted to strengthen compliance with the provisions of the Convention, as well as information on its practical application, including the number of inspections and investigations carried out, the number of violations detected and sanctions imposed, as well as the number of occupational diseases and cases of increased exposure to carcinogens reported.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4 and 12 of Convention No. 148. Prevention, control of and protection against occupational hazards in the working environment concerning air pollution, noise and vibration. Following its previous comments, the Committee notes the Government’s indications that (i) the Department of Occupational Health and Safety produced a guide describing the risk assessment process, including the assessments relating to noise and vibration; and (ii) the Department is preparing information material on all issues related to exposure for both employers and workers to reinforce the preventive approach.

It also notes that the Government refers to the employer’s obligations to adopt preventive measures as set out in Decree No. 66 of 2005 on the minimum safety and health requirements for the exposure of workers to noise, including sections 3, 4, 8(1) and (2) and 12(a) and (b). The Government also refers to the employer’s obligations established in sections 3, 5 and 6 of Decree No. 22 of 2005 on the minimum health and safety requirements for the exposure of workers to vibration.

The Committee also notes the Government’s indication regarding the adoption of Decree No. 5 of 2020 on the protection of the safety and health of workers exposed to chemical agents, which establishes the employer’s obligation to adopt preventive measures, including carrying out risk assessments of chemical agents (section 5) and managing hazardous substances (sections 6–8), among others. The Committee notes, in addition, the information provided by the Government on the number of violations of risk assessment rules identified between 2018 and 2023 with regard to noise (767), vibrations (88) and air pollution (897). The Committee requests the Government to continue to provide information on the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks related to air pollution, noise and vibration, including the measures taken to ensure compliance with the risk assessments rules, established in Decree No. 66 of 2005, Decree No. 22 of 2005 and Decree No. 5 of 2020. It also requests the Government to continue to provide information on the material prepared by the Department of Occupational Health and Safety to reinforce the preventive approach to the risks generated by occupational exposure to air pollution, noise and vibration.

Protection in specific branches of activity

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

Article 35 of Convention No. 167. Appropriate inspection and effective enforcement of the provisions of the Convention. Application in practice. With regard to its previous comments, the Committee notes that the Government indicates that: (i) several targeted inspections were carried out in the construction sector in 2017, 2020 and 2021; and (ii) by virtue of Decree No. 25 of 2024 on the amount of the occupational safety and health fine and the detailed rules for its imposition, the amounts of fines for OSH violations have been increased.

It also notes that, according to the information provided by the Government on labour inspections carried out between 2016 and 2023: (i) the number of inspections carried out in the construction sector has decreased from 3,859 inspections in 2019 to 2,574 inspections in 2023; (ii) there is a high rate of non-compliance with regulations on risk assessment and management, protection against falls, protection against collapses and entrapments, equipment safety, provision of occupational health services and reporting of occupational accidents and diseases and investigation of their causes; (iii) the number of occupational accidents in the construction sector amounted to 7,554, including 184 fatal accidents, 384 serious accidents and 147 severe injuries; (iv) the number of reported cases of occupational diseases was 8; (v) the number and amount of fines imposed was 2,338 fines, totalling 639,398,475 forints; and (vi) the number of remedial measures ordered amounted to 16,752.

The Committee also notes the observations made by the workers’ representatives of the National ILO Council, underlining that the number of inspections is constantly decreasing, despite the high number of occupational accidents in the construction sector. The Committee requests the Government to continue to provide information on the measures taken to strengthen compliance with the provisions of the Convention, as well as information on its application in practice, including the number of inspections and investigations carried out, the number of violations identified and sanctions imposed, as well as the number of occupational accidents and diseases reported.

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

Legislation. With reference to its previous comments, the Committee notes that the Government has not attached copies of the regulations referred to in its report, nor has it provided copies of the legislative texts requested in its previous comments. The Committee therefore once again requests the Government to provide copies of the most recent texts giving effect to the Convention. It also requests the Government to specify the relevant provisions of these texts.

Article 2(1) of the Convention. Replacing carcinogenic substances with non-carcinogenic substances or less harmful substances. With reference to its previous comments, the Committee notes the Government’s indication that the occupational safety and health (OSH) authority calls on employers to replace any carcinogen substances used with non-carcinogenic or less severely carcinogenic substances wherever possible. According to the experience of the OSH authority through inspections, employers give priority to the replacement of carcinogenic substances and mutagens in order to comply with the provisions of the Decree No. 26/2000 (IX.30). In practice, however, economic factors usually impede the replacement of such substances with non-carcinogenic substances (costly changes in technology or lack of knowledge). The Committee also notes that certain positive initiatives have been taken, for instance in relation to paints and surface treatment substances, and that there has been a switch in certain economic sectors (the automobile industry and metal surface treatment) to water-based chemicals and organic solvents not containing benzene. The Committee requests the Government to continue providing information on the measures taken to replace carcinogenic substances with non-carcinogenic substances or less harmful substances.

Article 6(b) and (c). Appropriate inspection services. Application in practice. The Committee notes the information provided by the Government on recent organizational changes that have affected the operation of the OSH authority, as well as the statistical data concerning the application in practice of the Convention. The Committee notes that since April 2012 labour inspectors have no longer had the power to conduct the misdemeanour procedures defined in Act No. XCIII on labour safety, 1993. The Committee also notes the Government’s indication that during occupational health and safety inspections, several inadequacies have been identified, such as: absence of records of employees performing activities with carcinogens during work; lack of prior medical examinations; and absence of labour safety training or written information on the risks of exposure to carcinogenic substances.

The Committee notes that according to the worker representatives on the tripartite National ILO Council, protection against occupational hazards caused by carcinogenic substances and agents is not adequate. They consider that there is an inadequacy in the health and institutional system, records, information and training of workers, the number of inspections conducted and the measures applied. They indicate in particular that, despite a significant increase in the number of employers engaged in activities with carcinogenic substances (from 675 in 2010 to 1,428 in 2014) and of workers exposed to carcinogens (from 14,625 in 2010 to 19,952 in 2014), there has not been a commensurate increase in the number of inspections (from 383 in 2010 to 401 in 2014). The institutional structure of the OSH authority and the inspection system are not suitable to ensure the protection of workers against carcinogenic substances and the sanctions applied are very weak. They emphasize that labour inspectors have been deprived of the power to conduct infringement procedures. They consider that the application of the Convention in practice is not satisfactory.

The Committee notes that in its response to the issues raised by the workers’ representatives, the Government indicates that the measures adopted following targeted inspections by the OSH authority are suitable to prevent damage to the health of workers as a result of exposure to carcinogenic substances or chemicals, or to significantly mitigate the risk at the specific workplace. The Government also indicates that the number of inspections stated in the report refers only to inspections targeting employers who have declared their use of carcinogenic substances, and that the OSH authority also verifies the use of potentially carcinogenic substances when conducting non-targeted inspections and introduces measures to eliminate the inadequacies identified. It adds that the increase in the number of employers concerned is a result of the efficiency of the authorities and discipline in notification. The Committee requests the Government to provide detailed information on the bodies tasked with ensuring compliance with the Convention and their different roles following the organizational changes of 2012, and to describe the procedures followed in the case of the violation of rules relating to the application of the Convention.

It further requests the Government to provide information on the measures taken or envisaged to maintain the efficiency of the inspection system in light of the increase in the number of employers and workers concerned.

In addition, it requests the Government to continue providing statistical data on the inspections carried out, the number and nature of the contraventions detected and the sanctions imposed, and the number, nature and cause of cases of disease.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Relevant legislative texts. With reference to its previous comments, the Committee notes with interest that the Government in its most recent report provides further information regarding the adoption of new legislation including Decree No. 12/2006 (III.23.) EM of the Minister of Health on the protection of workers from the risks related to exposure to asbestos at work and Regulations (EC) No. 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorization and restriction of chemicals (REACH) including a list of carcinogens that is updated and extended at regular intervals. It also notes, however, that the Government has not attached copies of these legislative texts referred to in its reports nor includes copies of the text requested in its previous comments. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of relevant legislation or reference to publicly available sources where the relevant legislation can be consulted.

Article 2(1) of the Convention. Replacing carcinogenic substances with less harmful substances. With reference to its query regarding Decree No. 26/2000 (IX.30.) allowing the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less carcinogenic substances for “technical reasons”, the Committee notes that the Government indicates that since 2008 labour inspectors have not encountered any cases of blatant violation of using a carcinogen without good reasons when non-carcinogenic substances are available. The Committee would like to recall that the Government is under the obligations to also implement this provision of the Convention. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to this Article.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government, including the information that the Hungarian Institute of Occupational Health keeps an Occupational Cancer Register of carcinogenic substances reported under Annex 3 of Decree No. 26/2000 (IX.30.) EüM of the Minister of Health and registered by the labour inspectorates; activities involving the use of carcinogenic substances; as well as workers exposed to such substances. It also notes that this Institute issues yearly evaluations based on an analysis of relevant data. The Committee notes further that the statistical data provided is limited to the number of cancerous diseases registered for the years 2005–09 (2005: 9; 2006: 8; 2007: 6; 2008: 4; 2009: 10 cases) and summary statistics for the years 2008 and 2009 indicating, inter alia, that there were 6,745 workers exposed to carcinogenic substances; that there were 339 reporting entities and that the most common occupational carcinogenic substances workers had been exposed to were wood powder and compounds of chromium. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases including in the form of the yearly analyses provided by the Hungarian Institute of Occupational Health. The Committee also requests the Government to provide further information on the measures taken address problems at workplaces with potential health risks related to exposure to carcinogenic or mutagenic substances including substances such as wood powder and compounds of chromium.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report and the statistical information.

Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

Article 2(1) of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the statistical information.

2. Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

3. Article 2, paragraph 1, of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

4. Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the information contained in the Government’s reports. It notes with interest the adoption of several regulations designed to apply the provisions of the Convention, namely Government Decree 233/1996 (XII.26.) on the Rules of the Procedure relating to Hazardous Substances and Hazardous Preparations, and its implementing Decree 4/1997 (II.21.) issued by the Minister of Social Welfare, both of which are based on the respective European Directives. The Government indicates that they deal with various issues denoting general rules as to the registration, classification, labelling, packaging, transport, health protection and occupational safety as well as regulations concerning the registration of hazardous substances and preparations and the exchange on related information as well as the utilisation of the less hazardous materials suitable for the activity concerned in view of the risk assessment. The Committee also notes Decree 25/1996 (VIII. 28.) NM on the General Health Requirements of Work Performance and Working Conditions Implying No Danger to Health, issued by the Minister of Welfare to implement the provisions of the Act XCIII on Labour Protection, 1993, which, according to the Government, refers to threshold limit values and substitution of carcinogenic substances by less harmful substances. The Committee, with a view to examine the above texts in the light of the provisions of the Convention, would request the Government to supply a copy of them. The Committee further notes with interest the adoption of Order 26/2000 (IX.30.) EüM on the Protection against Carcinogenic Substances and the Prevention of Occupational Health Damage caused by them which became effective on 1 January 2001. The Government indicates that, while seeking to minimise workers’ exposure to carcinogenic substances and to promote the protection of workers against occupational health damage and malignant tumours as provided for in section 88, subsection 2 of the Act XCIII on Labour Protection, 1993, it reflects the provisions of the Convention as well as those of the respective Directives of the European Union. As to the content, the Committee notes the Government’s indication that, inter alia, the Order deals with risks management, risks minimisation, substitution of carcinogenic substances; prevention and exposure minimisation; provision of information and training to staff; registering employees working under exposure to a carcinogenic substance; health examination; generating and preserving documentation as well as a list of carcinogens characterized by sentences R45 and R49. In view of this information, it would appear to the Committee that Order 26/2000 (IX.30.)EüM would meet the requirements set forth in Articles 1, 2, 3, 4 and 5 of the Convention. The Committee therefore would be grateful if the Government would supply a copy of the above Order in order to enable it to determine the extent to which the provisions of this Order in fact would apply the above articles of the Convention.

Beyond these comments and with regard to the Government’s comprehensive explanations contained in its reports, the Committee draws the Government’s attention distinctively to the following points.

1. Article 2 of the Convention. The Committee notes from the Government’s report that, pursuant to Government Decree 233/1996 (XII.26.) on the Rules of the Procedure Relating to Hazardous Substances and Hazardous Preparations, prior to the start of the production, manufacture, processing or utilisation, including the import from abroad of hazardous substances or preparations, the less hazardous material suitable for the activity concerned must be chosen on the grounds of a risk assessment and a cost/benefit analysis to be carried out. The Committee understands that a cost/benefit analysis in this context would imply deliberations on the economic tolerability in the determination whether carcinogenic substances or agents are to be replaced by less harmful substances or agents, a restriction, which is not foreseen by Article 2, paragraph 1 of the Convention. The Committee therefore requests the Government to supply a copy of Government Decree 233/1996 (XII.26.) to reveal the extent to which this article of the Convention is applied.

2. Article 3. With regard to the data on the results of the medical examination to be carried out under the provisions of Decree 33/1998 (VI. 24.) on Medical Examination of/Report on Occupational, Professional and Personal Hygienic Aptitude, the Committee notes with interest the Government’s indication that these data have to be compiled in a documentation, which is maintained by the occupational health service, and conserved pursuant to Act XLVII on the Management and Protection of Health and Related Personal Data, 1997, for at least thirty years. In case of the cessation of the employer’s activities, these data must be transferred to the competent institute of the National Health Officer’s Service (ANTSZ). The Government further indicates that the registration obligations of the both the employer and the ANTSZ are specified in Decree 26/2000. The Committee would be grateful if the Government would transmit a copy of the legal texts referred to above to enable the Committee to examine in detail the application of Article 3 of the Convention by the national legislation.

3. Article 5. The Committee notes from the Government’s indications provided in its last report under Convention No. 161 that specific occupational medical aptitude examinations are addressed in the Minister of Welfare Decree 33/1998 (VI.24.) NM on the Medical Examination of/Report on Occupational, Professional and Personal Hygienic Aptitude providing for mandatory preliminary and periodic annual medical examinations of workers exposed to carcinogenic substances as well as for a "final examination" of workers after they have ceased the activity or the employment relationship where they have been exposed to carcinogens. The Government further indicates that these post-assignment medical examinations are to be carried out for ten years in the case of worker’s exposure to human carcinogenic substances, and for four years after exposure to benzene or ionising radiations. Taking note of this information, the Committee requests the Government to explain the reasons for providing workers, who were exposed to human carcinogens, more than twice as long with medical examinations after they ceased their activity in comparison to workers who were exposed to benzene or ionising radiations. Moreover, the Committee will provide further comments after it had examined the above Decree. The Committee also requests the Government to indicate whether the methodological guidelines for medical examinations, which the Government had announced in its report of 1996, have been issued in the meantime. If that is the case, it would requests the Government to provide a copy of them.

4. Part IV of the report form. The Committee notes with interest the Government’s indication that the collection of data on professional health damage caused by carcinogenic substances is mandatory by virtue of the Government Decree on the National Statistical Data Collection Programme in the form of annual reports on occupational diseases, which, according to the Committee’s understanding, is most recently prescribed under number 1572 of Government Decree 187/1998 (XI.13.). It notes that, in 1998, three cases of tumour of occupational origin were reported caused by exposure to asbestos and metal fumes of different kinds. The Committee, taking due note of this information, invites the Government to continue to provide information on the practical application of the Convention in the country. It also requests the Government to transmit a copy of the above legal texts.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report. It also notes the comments by the National Federation of Autonomous Trade Unions on the application of the Convention.

Article 1, paragraphs 1 and 3, and Article 2 of the Convention. The Committee notes that draft decrees regulating the procedure related to hazardous substances and preparations (based on EEC Directives Nos. 67/548 and 88/379) to replace Decrees No. 26/1985 (V.11.) MT and 16/1988 (XX.22.) SZEM, as well as a decree on the prevention of hazards related to carcinogenic substances (based on EEC Directive No. 90/394) are under consideration. It notes that an up-to-date list of carcinogenic substances as well as measures aiming at the reduction of the number of exposed workers, the duration and degree of exposure, would be included in the new provisions. The Committee requests the Government to provide a copy of the new texts, when adopted.

Article 3. The Committee notes the comments by the National Federation of Autonomous Trade Unions that there exists no register on occupational cancer. Noting the Government's statement that the possibility of introducing such a register is envisaged in the framework of the adoption of the new provisions, the Committee hopes that the Government will ensure the establishment of an appropriate system of records, in conformity with this Article of the Convention. It requests the Government to provide information on measures taken or envisaged to this end.

Articles 5 and 6(a). Further to its previous comments, the Committee notes the Government's indication that the modifications to Decree No. 4/1981 (III.3.1.) EüM on "medical examination and report on occupational fitness" have come into force and that the new provisions provide for preliminary and periodical examinations as well as for a final compulsory examination for persons having worked with carcinogenic substances (after four years' exposure to benzene or ionizing radiation, after ten years for other substances). The Committee also notes that recommendations on the type of periodical and final examination will be included in the planned methodological guidelines. The Committee requests the Government to provide a copy of the decree and of the methodological guidelines. Referring also to Article 6(a) of the Convention, the Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned.

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in reply to its previous direct request. In particular as concerns the application of Article 1, paragraphs 1 and 3, of the Convention, the Committee notes with interest the adoption of Decree No. 26/1985 on the procedure related to toxic substances, Decree No. 16/1988 (XII.22), and Standard No. MSZ 21461/1-1988 (which includes a list of substances classified into categories by the WHO and IARC).

Article 5. In its previous comments, the Committee had noted the Government's indication that Decree No. 4/1981/III.31/EUM of the Ministry of Health was being revised and would include provisions to ensure that the health of workers exposed to carcinogenic substances is monitored even after leaving work involving such exposure. The Government has provided in its latest report information concerning the difficulty of evaluating possible tumorous diseases in workers exposed to carcinogenic substances in the working environment and the problems arising with respect to their compensation. The Committee would recall that Article 5 of the Convention calls for workers to be provided with such medical examinations or biological or other tests or investigations after employment as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. It would point out that there is a serious risk of a cancer being undetected if the worker who has been exposed to carcinogenic substances does not undergo certain medical examinations or tests after employment. The Government is requested to indicate whether it is still planning to revise Decree No. 4/1981/III.31/EUM as indicated in its previous report and, if not, to indicate the measures taken or envisaged to ensure that workers receive medical examinations or other tests, as necessary, after leaving work involving exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information contained in the Government's report, in reply to its previous direct request.

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that the draft decree to implement the provisions of Decree No. 24/1985/V.II is being discussed by the national authorities and that it is likely to be approved soon. The Committee reiterates its hope this decree will be adopted in the near future and that it will contain a list of carcinogenic substances and agents, occupational exposure to which will be prohibited or regulated, in accordance with the provisions of this Article.

Article 5. The Committee notes with interest that the updating of Decree No. 4/1981/III.31/EUM of the Ministry of Health has begun and that the revised version will include provisions which stipulate that the worker's health is to be monitored after leaving a job involving work with certain carcinogens. It hopes that the updating of the Decree will also take into account the latest information from competent bodies on the designation of the carcinogenic substances.

The Committee hopes that in its next report the Government in its next report will be able to indicate the progress made in the adoption of the above-mentioned provisions and that it will supply the texts of those provisions once adopted.