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 the application of Conventions Nos 136 (benzene), 162 (asbestos) and 167 (construction) in a single comment.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution. The Committee once again requests the Government to provide information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With reference to its previous comments, the Committee notes the Government`s reference in its report to Annex D of the Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17), which provides in general that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA), in which it establishes the limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain limits for benzene, the values of which are in accordance with the maximum concentration of benzene in the air of places of employment determined by the Convention (maximum time-weighted average limit of 1 part of benzene per million parts of air as an 8-hour time-weighted average and the maximum short-term exposure limit of 5 parts per million as averaged over any 15 minute period, in accordance with Standards 29 CFR, 1910.1028, as well as 25 parts per million of acceptable ceiling concentration, in accordance with Standards 29 CFR, 1910.1000 Table Z-2). In this regard, the Committee observes that section 8 of the NTS-008/17 provides that employers shall include in protocols respecting work in confined spaces the necessary safety measures for entry into the premises as a function of the preventive measures to be adopted during work, such as continuous monitoring of the air in the workplace. The Committee notes that the Government has not provided information on the determination of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; or (b) measuring the concentration of benzene in the air of places of employment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; and (b) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment through the adoption of appropriate standards.

Article 7. Enclosed systems. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

Article 17. Demolition of plants or structures of the Convention. With reference to its previous comments, the Committee notes that NTS-006/17 provides in section 4(4) and (5) that employers who have workers engaged in demolition work shall: (i) adopt full technical measures for the protection of the life and physical and mental safety of the workers under their responsibility; and (ii) have the necessary competent personnel to prepare the demolition plan. Section 5(7) provides that workers shall use respiratory equipment for work causing the release of dust. The Committee notes that section 6(3), (11) and (15) of the Technical Standard provides that: (i) where during the performance of these activities the existence is ascertained of materials containing asbestos fibres or such fibres are found during their implementation, effect shall be given to the appropriate procedures set out in the minimum health and safety provisions applicable to work involving the risk of exposure to asbestos in national or foreign legislation; (ii) prior authorization shall be obtained from the competent authority prior to the commencement of any demolition work; (iii) all demolition work shall comply with the national or foreign standards in force relating to the release of dust, particles, noise, the stoppage of work and any other permanent or transitional provision which may affect such work, and the supporting documentation shall be attached to the demolition plan. Section 7 provides that, based on a risk evaluation, employers shall prepare and establish a demolition plan setting out the respective procedures for safe demolition work, including the adoption of adequate measures to prevent the release of dust (subsection 7). Finally, section 14(1) provides that workers engaged in demolition work shall at all times wear as a minimum safety footwear, helmets, gloves and dust masks. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the work envisaged in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; and (b) the workers or their representatives are consulted on the work plan in relation to the measures to be taken for the protection of workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment, right to request the monitoring of the working environment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; (b) the workers concerned, their representatives and the inspection services have access to these records; and (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

B. Protection in certain branches of activity

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

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor from the workplace. With reference to its previous comments, the Committee notes the Government’s indication that Presidential Decree No. 2936 provides that the contractor shall appoint a person responsible for occupational safety who shall benefit from training in occupational safety and health and hazard prevention and shall be duly registered with the Ministry of Labour, Employment and Social Welfare.

Article 12(2). Situation of imminent and serious danger to the safety of workers. With reference to its previous comments, the Committee notes that NTS -009/18 provides that the Occupational Safety and Health Programme shall include an emergency plan, which shall contain among other provisions the determination of evacuation times. However, the Committee notes that the Government has not provided specific information on the obligation of the employer to take immediate steps to stop the operation and evacuate workers where there is an imminent danger to their safety. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that employers are required to take immediate steps to stop the operation and evacuate workers in a situation of danger in which there is an imminent and serious danger to the safety of the workers, in accordance with Article 12(2).

Article 22. Structural frames and formwork. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Presidential Decree No. 2936, which contains precautionary measures and instructions for the erection of structural frames and their components, formwork, falsework and shoring. However, the Committee notes that none of the regulations indicated by the Government refer to the requirement to carry out such work under the supervision of a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that work on structural frames and formwork is carried out only under the supervision of a competent person, in accordance with Article 22(1) of the Convention.

Article 23. Work over water. With reference to its previous comments, the Committee notes the Government’s indication that when implementing the Occupational Safety and Health Programme, the employer is required to include mechanisms to control risks in production processes, such as work performed over water. However, the Committee notes that NTS-009/18, referred to by the Government, does not make specific reference to work performed over water. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, where work is carried out over or in close proximity to water, there is adequate provision to: (a) prevent workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Supreme Decree No. 2936, which establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the requirements for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Committee notes that the Government does not indicate specifically whether explosives shall only be stored, transported, handled or used by a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

CMNT_TITLE

Benzene Convention, 1971 (No. 136) (RATIFICATION: 1977)Asbestos Convention, 1986 (No. 162) (RATIFICATION: 1990)Safety and Health in Construction Convention, 1988 (No. 167) (RATIFICATION: 2015)

Other comments on C136

Observation

Direct Request

Other comments on C162

Observation

Direct Request

Other comments on C167

Observation

Direct Request

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Asbestos Convention, 1986 (No. 162)

B. Protection in certain branches of activity

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

Benzene Convention, 1971 (No. 136) (RATIFICATION: 1977)
Asbestos Convention, 1986 (No. 162) (RATIFICATION: 1990)
Safety and Health in Construction Convention, 1988 (No. 167) (RATIFICATION: 2015)