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Benzene Convention, 1971 (No. 136) - Malta (RATIFICATION: 1990)

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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.
Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. The Committee notes that in reply to its previous request concerning details on the inspection activities conducted by the Occupational Health and Safety Authority (OHSA),the Government provides information, in its report, on the number of workplaces inspected, violations recorded, administrative fines issued and collected, and judicial proceedings initiated and closed for 2019 and 2020. The Committee also notes that as part of an increase of inspection activities in warehouses, the OHSA report of 2019 indicates that a total of 79 warehousing facilities were inspected, of which, 67 employed five or more workers and were therefore required to keep a written record of their risk assessment. According to the OHSA report, only 39 per cent of these 67 warehouses were found to be compliant with this obligation, while only 40 per cent of the companies inspected ensured the appointment of workers’ health and safety representatives. In addition, of all the warehouses inspected, 59 had fork-lift trucks, in 29 per cent of which no valid examination report was carried out by a competent body. The Committee requests the Government to continue to provide information on the implementation of the ratified occupational safety and health Conventions, including statistical information on the inspections conducted by the OHSA and on the activities undertaken to address the shortcomings identified.

1.Protection against specific risks

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

Article 11(3) of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. In its previous comment, the Committee requested the Government to indicate how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized, with a view to ensuring that workers whose continued assignment to work involving exposure to air pollution is medically inadvisable are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security. The Committee notes that the Government’s report provides information on the eligibility to social security benefits of workers that suffer from an occupational disease associated with a respiratory illness. In addition, the Committee notes that the OHSA report indicates that during 2019, OHSA’s occupational physician was involved in investigating a number of cases of workers’ diseases to determine whether their cause was occupational or otherwise. The Committee also notes that the OHSA report does not contain information on the number of occupational diseases reported by physicians, medical personnel and/or employers. The Committee requests the Government to provide information on the number of workers whose continued assignment to work involving exposure to air pollution is medically inadvisable, and on the number who were provided with suitable alternative employment or measures which were taken to maintain their income through social security.

2.Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls once again that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore once again encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.
Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. In its previous comment on the application of Convention No. 148, the Committee noted the Government’s reference to research published by the Occupational Health and Safety Authority in 2011 indicating shortcomings with regard to the training of workers in the area of Occupational Safety and Health (OSH), the coverage of workers by medical examinations, the access of workers to health and safety representatives, and the carrying out of risk assessments by employers. The Committee notes that the Government indicates in its report on the application of Convention No. 148, in response to the Committee’s request, that improvements of OSH levels can only be realized through enforcement and awareness-raising activities, with the involvement of the social partners. The Committee notes that the 2018 annual report of the Occupational Health and Safety Authority contains information on awareness-raising activities and inspection visits undertaken by the Authority, including in relation to several of the observed shortcomings in 2011. It also notes from the same report that the injury and fatality rates have seen a downward trend in recent years. The Committee requests the Government to continue to provide information on the implementation of the ratified OSH Conventions. In this respect, it requests the Government to provide statistical information on the number of inspections undertaken, and the number of violations detected in the specific areas previously identified as shortcomings, as well as any measures taken by the Occupational Health and Safety Authority as a result.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 6 and 7 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Compliance by employers with those provisions. The Committee notes the Government’s reference in its report, in response to the Committee’s request, concerning the legal provisions which require the provision of appropriate guards for the use of dangerous parts of machinery. The Committee also notes, from the 2018 Report of Activities of the Occupational Health and Safety Authority, the information on inspections undertaken to ensure that employers comply with their obligations as regards machinery and equipment. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that the Government, in response to its previous request, states that, in accordance with the Protection against Risks of Back Injury at Work Places Regulations, 2003 determining the weight that may be lifted by a worker requires a risk assessment by the employer, in consultation with the workers. It notes that pursuant to section 4(3)(4) and (5) of the Regulations, employers shall take into account the worker’s capabilities as regards health and safety, as well as the worker’s medical fitness to carry out the assigned task, make necessary arrangements for the health surveillance of workers, and take all measures and precautions so as to protect groups particularly sensitive to risks. In this respect, employers shall consider the individual risk factors as laid down in Schedules I and II of the Regulations. The Committee takes note of this information.

Benzene Convention, 1971 (No. 136)

Article 6(3) of the Convention. The Committee notes the Government’s indication, in response to its previous request, that the Occupational Health and Safety Authority ensures (through inspection, enforcement and awareness initiatives) that duty holders take measures to ensure compliance with the national legislation on maximum limits of concentrations of benzene in workplaces. The Committee also notes that the Government, in response to the Committee’s request, indicates that the Occupational Health and Safety Authority has not issued directions on how to carry out measurements of the concentration of benzene within the workplace, but that it relies on international methodologies for this purpose. The Committee takes note of this information.
Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its request, that the number of workplaces in the country where benzene is used is very small and that such use is only undertaken in laboratory facilities, normally involving analytical testing.

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

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. The Committee recalls that upon ratification, the Government only accepted the obligations of the Convention as regards the hazard of air pollution. The Committee notes the Government’s reference, in response to the previous Committee’s request, to the specific legislation in force as regards protection from hazards related to noise and vibration. In view of the existing legislation covering these categories of hazards, the Committee reminds the Government of the possibility of sending a formal notification to the Director General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.
Article 4. National laws or regulations regarding air pollution. The Committee notes the Government’s reference, in response to its request, to the legislation on the protection from different forms of air pollution.
Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes from section 36(15) of the Employment and Industrial Relations Act that workers are entitled to employment injury benefits in relation to a number of occupational diseases resulting from air pollution as listed in the Social Security Act. It further notes that, in accordance with section 35(16) of the Employment and Industrial Relations Act, employers shall find suitable employment where the disease has caused a disability rendering the employee unfit for their former employment. In this respect, the Committee recalls that it previously noted that research by the Occupational Health and Safety Authority indicated that a number of workers were not covered by medical examinations. It further notes from the 2018 report of the Occupational Health and Safety Authority (available on the website of that entity) that certain suspected cases of occupational diseases under the Social Security Act remain unnotified by medical practitioners or by employers. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers, whose continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.
Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.
Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

CMNT_TITLE

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 comments.
Repetition
Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.
Part IV of the report form. Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

CMNT_TITLE

Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

CMNT_TITLE

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:

Article 6, paragraph 3, of the Convention. Directions issued on measurement of the concentration of benzene in the air in places of employment. The Committee notes the Government’s statement that no specific directives have been issued on the obligation to carry out measurement of the concentration of benzene in the air of places of employment. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to issue directions on measuring the concentration of benzene in the air of places of employment, in accordance with the Convention.

Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the Occupational Health and Safety Authority and the Safety Appeals Board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide information in its next report on the practical application of the Convention, including extracts from labour inspection reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

CMNT_TITLE

1. Further to its observation, the Committee requests the Government to provide additional information on the following points:

2. Article 6, paragraph 3, of the Convention. Directions issued on measurement of the concentration of benzene in the air in places of employment. The Committee notes the Government’s statement that no specific directives have been issued on the obligation to carry out measurement of the concentration of benzene in the air of places of employment. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to issue directions on measuring the concentration of benzene in the air of places of employment, in accordance with the Convention.

3. Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the Occupational Health and Safety Authority and the Safety Appeals Board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide information in its next report on the practical application of the Convention, including extracts from labour inspection reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

CMNT_TITLE

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

2. Article 14 of the Convention. National legislation. The Committee notes with interest the legislative measures undertaken by the adoption of the General Provisions of Health and Safety at Workplaces Regulations (LN 36 of 2003) and the Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (LN 122 of 2003) ensure the application of Articles 2, 4, 5, 6, 7, 8, 9, 10, 12 and 13 of the Convention. It particularly notes that the concentration of benzene in the air in places of employment shall not exceed 3.25 mg/m3 (1 ppm) (Schedule III of LN 122 of 2003). The Committee further notes with interest the adoption of the Protection of Maternity at Workplaces Regulations (LN 92 of 2000), and the Protection of Young Persons at Workplaces Regulations (LN 91 of 2000, as amended by LN 283 of 2004) ensures the full application of Article 11 of the Convention.

3. Articles 9 and 10. Medical examinations free of cost for workers. With reference to its previous comments the Committee notes with satisfaction that section 16 of LN 36 of 2003 and section 14 of LN 122 of 2003 now provide that pre-employment and, periodically thereafter, medical examination, shall be carried out and that Schedule II of LN 122 of 2003 provide recommendations that these records shall be kept and, where appropriate, biological monitoring shall be carried out. It also notes the Government’s statement that the records shall be kept for at least 40 years after the end of the exposure.

4. The Committee is raising certain other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report. It would draw the Government's attention to the following points.

Articles 2 and 3 of the Convention. The Committee notes section 38, paragraph 1, of the Factories (Health, Safety and Welfare) Regulations, 1986, prohibiting the importation or sale of any chemical or toxic material as well as their use in any workplace without prior approval by the Superintendent of Public Health. In granting such approvals, the Superintendent may impose any conditions deemed fit in the interest of public health (section 38, paragraph 2). The Committee further notes the Government's indication to the effect that the abovementioned section represents the legal basis under which the department responsible for occupational health and safety controls the importation of chemicals in the country, including benzene and chemicals containing benzene, and that no benzene was imported in the last three years. However, in the event that the importer would get the licence for importation of such chemicals, he is obliged to seek the approbation by the Department of Labour to sell these chemicals to third parties in Malta. To the Committee's understanding, the approbation depends on the result of the workplace inspection where it is intended to use the chemicals at work. The Committee would therefore ask the Government to define the legal provisions according to which the importer is obliged to seek the Department of Labour's authorization for selling these chemicals to third parties and which provide for the inspection of workplaces where the chemicals are expected to be used.

Article 4. The Committee notes with interest the Government's indication that consideration is being given to publish regulations specifying work processes in which benzene and products containing benzene are prohibited. The Committee hopes that the regulations will be issued in the near future and requests the Government to supply a copy as soon as they become effective.

Article 5. The Committee notes the Government's indication according to which section 8 of Act No. VII for the Promotion of Occupational Safety and Health, 1994, and section 49 of the Factories (Health, Safety and Welfare) Regulations, 1986, both prescribing the employer's general duty to ensure that all reasonable measures and precautions are taken to preserve the workers' health and safety and to render every workplace free from all dangers to health and safety, are considered sufficient with a view to an efficient protection of workers exposed to benzene and products containing benzene. The Committee therefore requests the Government to indicate the concrete measures which have been taken in this connection and to indicate the manner in which it is ensured that such measures are taken in workplaces involving exposure to benzene.

Article 6, paragraph 1. The Committee notes again section 19 of the Factories (Health, Safety and Welfare) Regulations, 1986, aiming at preventing explosion or fire, as well as the provisions found in its section 49(3)(c) (second option) intending to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. It, however, points out that Article 6, paragraph 1, of the Convention calls for specific measures necessary to prevent the escape of benzene into the air of places of employment. The Committee accordingly requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene into the air of places of employment.

Article 6, paragraph 2. With reference to its previous comment, the Committee again requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes the Government's declaration that no directives have been issued to employers last year with a view to carry out air monitoring for benzene at the workplace. It requests the Government to indicate whether or not it is aimed to issue such directions for measuring benzene in the air of places of employment, as provided for in Article 6, paragraph 3, of the Convention.

Article 7. The Committee notes the Government's indication to the effect that benzene and its compounds are considered being hazardous substances due to their carcinogenic potential and that even little exposure may cause health effects. In this respect, section 49(3)(c) of the Factories (Health, Safety and Welfare) Regulations, 1986, requires the employer to carry out hazardous processes in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed system. According to section 49(1) of the abovementioned regulations, the employer is obliged to take all practicable steps to ensure the health, safety and welfare at work of all workers. In this regard, the Government indicates that the application of this section would require to make use of the control measures which cause least exposure, depending on the particular workplace scenario and the conditions of the intended use. The Committee requests the Government to explain the control measures used in this respect.

Article 8, paragraph 1. The Committee notes section 49(3)(e) of the Factories (Health, Safety and Welfare) Regulations, 1986, prescribing the provision of such protective clothing and equipment and other means of personal protection to workers as may be necessary to shield them from the effects of harmful agents. The Government indicates that in application of this provision workers must be provided with protective clothing and equipment which include the provision of appropriate clothing, gloves, eye and respiratory protection. The Committee accordingly requests the Government to indicate the directives issued in application of section 49(3)(e) prescribing the provision of the above indicated means of personal protection to protect workers against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. The Committee notes the Government's indication according to which, in application of section 49(3)(e) of the Factories (Health, Safety and Welfare) Regulations, 1986, workers must be provided, inter alia, with appropriate means of respiratory protection. The Committee requests the Government to indicate the practical steps taken in application of section 49 (3)(e) providing for respiratory protection to be used by workers in order to protect them against the risk from inhaling benzene vapour. Furthermore, the Government is requested to indicate the measures taken or envisaged with a view to the limitation of the duration of exposure as much as possible.

Article 9. The Committee notes section 6(1) of the Workplace (Protection of Young Persons) Regulations, 1996, stipulating that all young persons have to undergo a medical examination prior to employment and thereafter at least every 12 months. In this regard, the Committee notes the Government's indication that these medical examinations would include blood tests as recommended by the examining physician. The Committee would ask the Government to indicate the legal provision providing for blood tests in connection with the medical examination of young workers. Furthermore, the Committee points out that Article 9 of the Convention calls for medical examinations as specified in its subparagraphs (a) and (b) for all workers who are to be employed in work processes involving exposure to benzene or products containing benzene. The Committee requests the Government to indicate any measures taken or contemplated to ensure that all workers profit from the medical examinations as provided for in Article 9 of the Convention.

Article 11, paragraph 1. The Committee notes with interest the adoption of the Workplace (Protection of Maternity) Regulations, 1996. According to regulation 4(2), the employer shall not require pregnant women to perform duties for which the assessment has revealed a risk of exposure to the agents listed in the first schedule to these regulations, or when so directed by the director of labour in the interests of health and safety. Point 1(c) of the first schedule to regulation 4(2), defining the chemical agents to which a pregnant women cannot be exposed, provides for a prohibition of exposure to lead and compounds of lead. However, according to point 2 of the First Schedule to regulation 4(2), a pregnant woman cannot be exposed to "any other physical, biological or chemical agent regarded by the director of labour, acting on the advice of the Commission for the Promotion of Occupational Health and Safety, as causing foetal lesions, and/or is likely to disrupt placental attachment, and/or is likely to cause serious disease to a pregnant woman or an unborn child". The Committee therefore asks the Government to indicate whether benzene or products containing benzene are classified by the director of labour as chemical agents to which a pregnant woman must not be exposed.

Article 11, paragraph 2. The Committee notes with interest the Workplace (Protection of Young Persons) Regulations, 1996. Section 3(b) of these Regulations stipulates that young persons shall not be exposed to any chemical, physical or biological agents or to any of the processes listed in the Schedule to these regulations. According to point 1(c)(ii) of the Schedule specifying the agents and processes of work to which young persons cannot be exposed, it is prohibited to expose young persons to "all chemical agents regarded as being carcinogenic, and/or sensitizing through skin contact or by inhalation, and agents which may cause irreversible health effects, serious health effects, heritable genetic damage, damage to an unborn child, and agents which may impair fertility". The Committee would therefore ask the Government to indicate whether benzene or products containing benzene are classified as being part of this category of chemical agents.

Articles 12 and 13. The Committee notes the Government's declaration that it will elaborate in the near future a new legislation on the issues being the subject of Articles 12 and 13 of the Convention with a view to joining the European Union. As a part of this process the Government intends to adopt and transpose the existing EU legislation. The Committee therefore requests the Government to provide information on any progress made in this respect and to supply copies of the new relevant legislation as soon as it is adopted.

Part III of the report form. The Committee notes the Governments indication to the effect that no infringements relating to the use of benzene or products containing benzene have been taken to court in the past two years. The Committee would invite the Government to continue to supply information concerning the practical application of the Convention in the country. To this effect, the attention of the Government is particularly referred to Parts III and IV of the report form for this Convention.

CMNT_TITLE

The Committee notes with interest that the Occupational Health and Safety (Promotion) Act, 1994, as well as the Occupational Health and Safety Judicial Committee (Procedure) Regulations, 1995, and the Work Place (First Aid) Regulations, 1995, came into effect. It also notes with interest the Government's indication according to which proposals for the issue of new regulations in the field of occupational health and safety are at an advanced stage. The Committee, however, would draw the Government's attention to the following points.

Articles 2 and 3 of the Convention. The Committee notes the Government's indication that in 1984 a system has been established to ensure that no chemical containing benzene is imported, whether intentionally as a part of a chemical formulation or as a contaminant, if the concentration in the end-product exceeds 20 parts per million. The Committee requests the Government to specify the legal basis under which the system has been established. It also requests the Government to indicate the legal provision which stipulates that the concentration of benzene in the end-product shall not exceed 20 parts per million. The Committee recalls that section 39(2)(b) of the Factories (Health, Safety and Welfare) Regulations, 1986, which does not exclusively refer only to the importation of benzene or products containing benzene, stipulates that "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". Therefore, the Committee requests the Government to communicate information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that section 38 of the Regulations prohibits the importation of toxic chemicals, unless authorized, and section 39(2)(b) of the Regulations provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene. It notes however that the Regulations do not contain a listing of works processes in which the use of benzene or substances containing benzene is prohibited. In this respect, the Government explains that after the importation of benzene, the Department has to be informed of any subsequent sales to ensure its safe use, since benzene is classified as a Severely Restricted Chemical. Whenever a safe use of any chemical is not ensured, the Department is empowered to withhold such a sale or to make recommendations for their safe use. The Committee requests the Government to specify the Department which has to be informed and to indicate the legal provision which empowers this Department to act in the way described above. The Committee, however, points out that Article 4 of the Convention calls for national laws or regulations to specify the work processes in which the use of benzene and of products containing benzene is prohibited. This prohibition should at least include the use of benzene or products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee accordingly requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that 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.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directives issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directives issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directives issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that pursuant to section 43(12) of the Regulations, the Superintendent of Public Health may instruct the employer "to make arrangements for medical examinations of any of his employees at any time". It would however appear that arrangements for medical examinations are only made for workers already under contract. The Committee recalls that Article 9(a) of the Convention also demands pre-employment medical examination which shall include a blood test. Furthermore, it stresses that according to Article 9(b) of the Convention, periodic re-examinations shall include biological tests as well as a blood test. The Committee requests the Government to indicate any measures taken or envisaged to ensure that medical examinations as provided for in Article 9 of the Convention are carried out.

Article 11. The Committee notes with interest the Government's indication according to which draft legislation is being proposed to the Commission for the Promotion of Occupational Health and Safety dealing with the protection of young persons, maternity and nursing mothers. The Committee hopes that the legislation will be adopted in the near future and requests the Government to supply a copy when it is adopted.

Articles 12 and 13. The Committee notes the intention of the Commission for the Promotion of Occupational Health and Safety to formulate and propose new legislation that include an adequate labelling of chemicals. The Commission requests the Government to provide information on progress made in this respect and to supply a copy of the relevant legislation as soon as it is adopted.

Article 14, paragraph 1. In its previous comment, the Committee had noted that a Parliamentary Bill that would replace the Factories Ordinance was pending before Parliament. The Committee requests the Government to indicate whether this Bill has been adopted yet and, if so, it requests the Government to provide a copy of the Bill.

Finally, the Committee would request the Government to supply, in its next report, information concerning the practical application of the Convention in the country. To this effect, the attention of the Government is referred in particular to points III and IV of the report form for this Convention.

CMNT_TITLE

The Committee notes with interest the information supplied by the Government in the first report on the application of the Convention. It requests the Government to include in its next report further information on the measures that have been taken or are contemplated to ensure the full application of the Convention in regard to the following:

Articles 2 and 3 of the Convention. The Committee notes that under Regulation 39(1) of the Factories (Health, Safety and Welfare) Regulations, 1986 (hereinafter: "the Regulations"), "it shall be the duty of the employer in so far as is reasonably practicable or possible, or when so directed by the Sanitary Authority, to substitute a harmful substance, process or technique at a place of work by a less harmful substance, process or technique". Under Regulation 39(2)(b), without prejudice to the generality of paragraph 1 of this Regulation, "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". The Committee requests the Government to supply information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection, a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that Regulation 38 prohibits the importation of toxic chemicals, unless authorized, and Regulation 39(2)(c) provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene.

It would however appear that the Regulations do not contain a listing of work processes in which the use of benzene or substances containing benzene shall be prohibited. The Committee requests the Government to indicate any measures taken or envisaged, in conformity with Article 4 of the Convention, to specify, in national laws or regulations, work processes in which the use of benzene and of products containing benzene shall be prohibited; this prohibition should at least include the use of benzene and of products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that 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.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directions issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directions issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directions issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that under Regulation 43(1)(b), it shall be the duty of the employer to make adequate arrangements to the satisfaction of the superintendent for the medical examination, before commencing employment with him and periodically thereafter, of persons engaged in occupations listed in the Schedule to these Regulations. The Committee notes that the Schedule does not appear to include work processes involving exposure to benzene or to products containing benzene. It requests the Government to indicate any measures taken to extend medical examination and periodic re-examination to workers to be employed in such work processes, and to include biological tests, including a blood test, in the requirements.

Article 11. The Committee notes the prohibition of employment, without the approval of the superintendent, of women and young persons in certain activities specified in Regulation 34, which do not however include work processes involving exposure to benzene or products containing benzene. It requests the Government to indicate any measures taken to prevent the employment in such work processes of women medically certified as pregnant, nursing mothers, and young persons other than undergoing education or training under adequate technical and medical supervision.

Articles 12 and 13. The Committee notes the general labelling and instruction requirements in Regulation 46(b) and requests the Government to indicate any specific measures taken to ensure that the word "benzene" and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene, and that any worker exposed to such substances receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

Article 14, paragraph 1. The Committee notes the Government's indication that a Parliamentary Bill that would replace the Factories Ordinance is now pending before Parliament. The Committee hopes that in this connection, the Government will be in a position to take such steps as may be necessary to give effect specifically to the provisions of the Convention.

Finally, the Committee would request the Government to supply in its next report information concerning the practical application of the Convention in the country. The attention of the Government is referred in particular to points III and IV of the report form for this Convention.

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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 with interest the information supplied by the Government in the first report on the application of the Convention. It requests the Government to include in its next report further information on the measures that have been taken or are contemplated to ensure the full application of the Convention in regard to the following:

Articles 2 and 3 of the Convention. The Committee notes that under Regulation 39(1) of the Factories (Health, Safety and Welfare) Regulations, 1986 (hereinafter: "the Regulations"), "it shall be the duty of the employer in so far as is reasonably practicable or possible, or when so directed by the Sanitary Authority, to substitute a harmful substance, process or technique at a place of work by a less harmful substance, process or technique". Under Regulation 39(2)(b), without prejudice to the generality of paragraph 1 of this Regulation, "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". The Committee requests the Government to supply information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection, a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that Regulation 38 prohibits the importation of toxic chemicals, unless authorized, and Regulation 39(2)(c) provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene.

It would however appear that the Regulations do not contain a listing of work processes in which the use of benzene or substances containing benzene shall be prohibited. The Committee requests the Government to indicate any measures taken or envisaged, in conformity with Article 4 of the Convention, to specify, in national laws or regulations, work processes in which the use of benzene and of products containing benzene shall be prohibited; this prohibition should at least include the use of benzene and of products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that 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.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directions issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directions issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directions issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that under Regulation 43(1)(b), it shall be the duty of the employer to make adequate arrangements to the satisfaction of the superintendent for the medical examination, before commencing employment with him and periodically thereafter, of persons engaged in occupations listed in the Schedule to these Regulations. The Committee notes that the Schedule does not appear to include work processes involving exposure to benzene or to products containing benzene. It requests the Government to indicate any measures taken to extend medical examination and periodic re-examination to workers to be employed in such work processes, and to include biological tests, including a blood test, in the requirements.

Article 11. The Committee notes the prohibition of employment, without the approval of the superintendent, of women and young persons in certain activities specified in Regulation 34, which do not however include work processes involving exposure to benzene or products containing benzene. It requests the Government to indicate any measures taken to prevent the employment in such work processes of women medically certified as pregnant, nursing mothers, and young persons other than undergoing education or training under adequate technical and medical supervision.

Articles 12 and 13. The Committee notes the general labelling and instruction requirements in Regulation 46(b) and requests the Government to indicate any specific measures taken to ensure that the word "benzene" and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene, and that any worker exposed to such substances receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

Article 14, paragraph 1. The Committee notes the Government's indication that a Parliamentary Bill that would replace the Factories Ordinance is now pending before Parliament. The Committee hopes that in this connection, the Government will be in a position to take such steps as may be necessary to give effect specifically to the provisions of the Convention.

Finally, the Committee would request the Government to supply in its next report information concerning the practical application of the Convention in the country. The attention of the Government is referred in particular to points III and IV of the report form for this Convention.

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