Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Referring to its observation on the Convention, the Committee requests the Government to include in its next report information on measures taken or envisaged in respect of the following:

1. Article 4, paragraph 2, of the Convention. The Committee requests the Government to indicate nay measures taken in practice to guarantee that "efficiency means" to ensure the removal of benzene vapour under regulation 7(2) of the Factories (Benzene) Regulations are equally safe as the use of an enclosed system, at least where benzene or products containing benzene are used as a solvent or diluent.

2. Article 6, paragraph 3. This particular provision requires the competent authority to issue directions on carrying out the measurement of the concentration of benzene in the air of places of employment. This provision is particularly important because paragraph 2 of the same Article would require employers to ensure that concentration of benzene in the air of places of employment should not exceed a maximum level to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3). While the Convention gives to the employer the obligation of ensuring that benzene in the air is controlled below a particular level, the manner by which such control is ensured must be provided for by the competent authority through appropriate instructions on how to measure benzene in the air. Article 6, paragraph 3, therefore, makes it possible for the required ceiling value level to be observed and properly monitored. The Committee notes that regulation 5 of the Factories (Benzene) Regulations of 1978 specifies the same ceiling value as the Convention. However, no provision refers to the issuance of instructions by the competent authority on how employers, through a particular mode of measurement, may keep the levels of benzene in the air in their respective factories within the required ceiling value. The Committee hopes that such a provision will soon be included in pertinent regulations so as not to render nugatory the requirement of keeping benzene in the air within the mandated ceiling value.

3. Article 8, paragraph 2. The Committee notes the provisions contained in regulations 8, 9 and 10 of the Factories (Benzene) Regulations concerning protection against skin contact and exposure to benzene or products containing benzene or its vapour and through the provision of personal protection and/or suitable protective clothing. However, with reference to cases when, for special reasons, workers may be exposed to concentration of benzene in the air, the Committee requests the Government to indicate the measures taken to limit the duration of exposure as low as possible.

4. Article 10, paragraph 1. The Committee requests for information on the practical application of regulation 14(2) of the Factories (Benzene) Regulation indicating, in particular, the extent to which assistance of competent laboratories are utilized, including measures adopted by the competent authority to ensure that the physicians conducting the medical examinations are qualified to undertake such examinations. The Committee, in this regard, brings to the attention of the Government the requirement under this particular provision of the Convention that medical examinations shall be carried out under the responsibility of a qualified physician, approved by the competent authority, and with assistance, as appropriate, of a competent laboratory.

5. Article 14(c). The Committee requests the Government to supply it with information on the manner by which inspection of establishments are carried out; the qualifications of inspectors carrying out inspection services in factories where benzene is present; and the measurement of benzene levels in such establishments.

The Committee hopes that the Government will soon be able to take the necessary action to ensure the full application of the Convention and that it would be able to indicate the progress made in this regard.