In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 167 (OSH in construction) in a single comment.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication, in reply to its previous comments, that measures were adopted in the past for the elimination, prohibition and intentional production of products containing benzene, such as hexachlorobenzene and pentachlorobenzene. The Committee requests the Government to indicate the legislative provisions adopted regarding the prohibition of products containing benzene and to clarify whether this includes, in accordance with Article 4(2) of the Convention, a prohibition on the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(1). Prevention of the escape of benzene vapour. Further to its previous comments, the Committee notes the Government’s indication in its report that measures to prevent the escape of benzene vapours in the air of places of employment are established under section 6(3)(a) of Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes, which provides that the enterprise or establishment must use a methodology to identify hazards and assess the risks of the activities they perform, as well as other relevant measures. The Committee requests the Government to provide detailed information on the measures adopted in practice by employers under section 6(3)(a) of NTS-009/18 to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used.

Article 6(3). Measurement of the concentration of benzene. The Committee notes the Government’s reference, in relation to its previous comments, to the 1995 Regulations on air pollution, Title III of which contains provisions on the assessment and monitoring of air pollution resulting from the emission of hazardous substances from fixed sources, which are defined, in section 6, as all plant or activities established in a single place or area which perform industrial or commercial operations or services. In this regard, the Committee notes that sections 26, 28, 30, 33 and Annex 3 of the above-mentioned Regulations establish the way in which fixed sources must carry out monitoring of emissions of hazardous substances, such as benzene, and also prepare and present an inventory of such emissions to the competent authorities. The Committee notes this information, which responds to its previous request.

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes the Government’s indication, in reply to its previous comments, that section 6(8) of the 1979 General Act on occupational safety, health and welfare provides that employers must install the necessary equipment to ensure the renewal of air, the elimination of gases, vapours and other pollutants produced, in order to provide workers and the nearby population with a salubrious environment. The Committee notes this information, which responds to its previous request.

Protection in specific branches of activity

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

Article 22(1) of the Convention. Erection of structural frames and formwork under the supervision of a competent person. Further to its previous comments, the Committee notes the Government’s indication that the site manager, referred to by various provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, is responsible for the authorization, inspection and supervision of each of the tasks to be performed on the site and also proposes the most appropriate procedures, techniques and means for carrying them out. However, the Committee notes that these provisions do not provide specifically that the erection of structural frames must be supervised by a competent person. The Committee requests the Government to clarify whether in practice the erection of structural frames and formwork must be carried out only under the supervision of a competent person, for example, an immediate supervisor other than the site manager, as required by Article 22(1).

Article 23. Work over water. The Committee notes the Government’s reference, in reply to its previous comments, to section 116 of Supreme Decree No. 2936, which provides that for work involving a risk of workers falling from various levels or of materials protruding, a collective protection system must be adopted. However, the Committee notes that this provision does not explicitly regulate work over water. The Committee requests the Government to provide detailed information on the adequate provisions adopted in practice, if appropriate in the context of section 116 of Supreme Decree No. 2936, to ensure that when work is done over or in close proximity to water measures are taken: (a) to prevent workers from falling into water; (b) to rescue workers in danger of drowning; and (c) to provide safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. The Committee notes the Government’s reference, in relation to its previous comments, to section 20(a)(ii) of Supreme Decree No. 2936, under which the handling of explosives requires the relevant permit from the Ministry of Defence and also a procedure for the use, handling and storage of the explosives. The Government also once again cites section 72 of the Supreme Decree, which establishes rules regarding the storage, handling and transportation of explosives and other materials. However, the Committee notes that these provisions do not specifically establish that the storage, transportation and handling or use of explosives must only be carried out by a competent person. The Committee requests the Government to clarify whether the procedure and rules on the storage, handling or use and transportation of explosives referred to by sections 20(a)(ii) and 72 of Supreme Decree No. 2936 require such activities to be carried out only by a competent person, indicating whether this is required as part of the process to obtain a permit from the Ministry of Defence for the handling of explosives. The Committee also requests the Government to provide copies of any additional regulations adopted in this respect.

[The Government is asked to reply in full to the present comments in 2024.]

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

Benzene Convention, 1971 (No. 136)

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)