CMNT_TITLE

White Lead (Painting) Convention, 1921 (No. 13) - Lao People's Democratic Republic (RATIFICATION: 1964)

Other comments on C013

Observation

Direct Request

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Articles 1, 2 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. Legislation. Following its previous comments on legislative provisions giving effect to the Convention, the Committee notes the Government’s indication in its report that the country does not manufacture white lead, and only uses products from exporting countries that should already have measures to control the use of white lead. The Government further indicates that a prohibition on the use of white lead is provided for in sections 9, 10 and 11 of the Law on Chemical Management No. 07/NA. Sections 9 and 10 of this Law divide chemicals into Types I, II, III or IV according to levels of hazards, and prohibits business activities using chemicals of Type I, except for selected activities approved by the Government, such as research. The Government also refers to Decision No. 0389/MOIC of the Minister of Industry and Commerce on the List of Industrial Chemicals, of 3 April 2018. While this Decision categorises lead powder as a chemical under Type II, white lead and sulphate of lead do not appear to be included in the list. In addition, while the Government indicates that the prohibition on the use of white lead also applies to artistic painting, it is not clear if there are any other exceptions. The Committee therefore requests the Government to indicate the legislative provisions setting out the categorisation of white lead and sulphate of lead, in application of the Law on Chemical Management No. 07/NA. In addition, should there be any exceptions to the prohibition, the Committee requests the Government to indicate the legislative provisions regulating the use of white lead and sulphate of lead in accordance with Article 5 of the Convention.

Article 3. Prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead. In response to the Committee’s comments on provisions giving effect to Article 3, the Committee notes the Government’s indication that it applies section 3(1.5) of the Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons, adopted on 23 November 2018. The Committee requests the Government to provide detailed information on this section and the way it is implemented in practice.

Article 7. Establishment of statistics of morbidity and mortality due to lead poisoning. Following its previous comments on this matter, the Committee notes the Government’s indication that it has implemented sections 12 and 13(4) and (5) of the Decree No. 22/GOV on Occupational Safety and Health (OSH) of 5 February 2019, which provide for the duties of OSH officers and OSH units at the undertaking level to report occupational diseases to the labour management authority, among other duties. The Government nevertheless states that there are currently no statistics available regarding morbidity and mortality due to lead poisoning, and that it will strive to collect statistics when it has the capacity to do so. The Committee requests the Government to continue to take the necessary measures to ensure that it can compile statistics of morbidity and mortality due to lead poisoning in the near future, and to provide such statistical information, when available.