Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. Statutory rules and orders to be made. In comments made for a number of years, the Committee has noted the absence of provisions giving effect to several important requirements of the Convention. Since 1979, the Government has referred to a planned general survey of working places where benzene is used; in its 1985 report, the Government indicated that this survey was to provide the information necessary for the full application of the Convention. The Committee notes with interest the Government's indication in its latest report that a general survey of the automobile industry where solvents are used has now been carried out with the assistance of the Zambia State Insurance Corporation Limited. The Committee accordingly hopes that the necessary measures will soon be taken to amend and supplement the Factories (Benzene) Regulations, 1978 so as to give effect to the following provisions of the Convention:

(a) Articles 4 and 7 of the Convention. Under Article 7 of the Convention, work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system as far as practicable, and where this is not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour. In the absence of such means of protection, the use of benzene and of products containing benzene shall be prohibited under Article 4, at least as a solvent or diluent. The Committee previously noted that Regulation 3 of the Factories (Benzene) Regulations, 1978 does not prohibit the use of benzene or products containing benzene but merely requires their replacement "whenever harmless or less harmful substitute products are available"; Regulation 7 apparently follows the language of article 7 of the Convention, except that it refers to "an enclosed area" instead of an enclosed system. The Committee recalls the Government's indications in its reports received in 1979 and 1985 that, in order to protect workers from harmful contaminants, Regulation 7 needed to be amended so as to read "enclosed system" instead of "enclosed area", and that this amendment would be introducted into paragraphs (1) and (2) of Regulation 7 after the general survey of working places was carried out. Consequently, this should now be done.

(b) Article 6, paragraph 3. Under Article 6, paragraph 2 of the Convention, the employer shall ensure that the concentration of benzene in the air of the places of employment does not exceed a ceiling value of 25 parts per million (80 mg/m3), and under paragraph 3, the competent authority shall issue directions on carrying out the measurement of the concentration of benzene in the air of places of employment. In its report received in 1979, the Government indicated that these directions would be given after carrying out the survey of working places where benzene may be still in use. The Committee notes the Government's indication in its latest report that, at the time of the visits to workplaces, the competent authority has been unable to carry out monitoring, and no measurements were taken due to lack of equipment. The Committee must point out that the responsibility for keeping the concentration of benzene in the air within the limits allowed under Article 6, paragraph 2 is to rest with the employer; it follows that the measurement mentioned in Article 6, paragraph 3 is also to be ensured by the employer, under directions to be issued by the competent authority. The Committee accordingly hopes that the necessary instructions will now be issued.

(c) Article 8, paragraph 2. Under this provision, workers who for special reasons may be exposed to concentrations of benzene in the air of places of employment which exceed the maximum referred to in Article 6, paragraph 2 shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. This is also called for by Regulation 9 of the Factories (Benzene) Regulations, 1978. However, Article 8, paragraph 2 moreover provides that the duration of exposure shall be limited as far as possible. In its report received in 1979, the Government indicated that to date no cases of employment which exceeded the maximum allowable concentration had been reported; however, when the survey was complete, where appropriate, the duration of exposure to high concentrations would have to be set. The Committee notes that at the time of the survey, the concentration of benzene could not be measured in the absence of the necessary equipment; it accordingly hopes that the competent authority will now, besides issuing the necessary instructions for measurement already referred to under Article 6, paragraph 3, also set appropriate limits to the duration of exposure to high concentrations of benzene in the air.

2. Application in practice and enforcement of the Convention. Under Article 14(a) of the Convention, the Government shall take such steps as may be necessary to give effect to the provisions of the Convention and, under Article 14(c), appropriate inspection is to be carried out. The Committee notes with interest that the general survey of the automobile industry carried out with the help of the Zambia State Insurance Corporation involved 40 motor vehicle repair workshops, where the inspection teams inspected spray painting booths and paint storage facilities. The Committee notes that the inspection teams gave advice on mechanical exhaust ventilation systems and hazards associated with the use of solvents including benzene, advised the factory occupiers not to use benzene as provided in the Factories (Benzene) Regulations, and advocated the use of enclosures, mechanical exhaust systems and, in the last resort, personal protective equipment, as provided by the Regulations. The Committee, however, observes that the inspection teams, hampered as they were by the absence of measuring equipment, appear not to have been in a position to enforce, where necessary, the application of the relevant regulations. Moreover, working places where benzene may be used outside the 40 motor vehicle repair shops included in the survey appear not to have been inspected. In this connection, the Committee also recalls the Government's indication in its report received in 1985 that medical examinations are carried out at one paint manufacturing factory; however, Article 9, paragraph 1 of the Convention as well as Regulation 14 of the Factories (Benzene) Regulations, 1978 provide for pre-employment medical examination and periodical re-examination of every person employed in processes involving exposure to benzene or products containing benzene. The Committee hopes that the necessary measures will be taken to improve the application in practice and enforcement of provisions designed to give effect to the Convention, including provisions for the medical examination of all workers concerned and the inspection of all workplaces where workers may be exposed to benzene or to products containing benzene, and that the Government will report on the action taken.