Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes that the Government does not reply to the comments it has formulated in its previous observation. The Committee nevertheless notes the Government’s indication that it is not in a position to provide the information requested by the Committee and which is required under the report form to the Convention, since the General Direction of Occupational Hygiene and Welfare, responsible for carrying out inspections in industrial enterprises, does not dispose of this information. This is due to the fact that the necessary inspections have not been carried out in the designated industries because of shortcomings in technical material to measure the emission of benzene.

2. Taking due note of the Government’s indications, the Committee ventures to remind the Government that its previous observation concerned the necessity to adopt the necessary measures to apply the provisions of the Convention, for no measures have been adopted yet concerning the protection of workers against the hazards of poisoning arising from their exposure to benzene. The Committee accordingly once again draws the Government’s attention to the need to adopt measures in order to give effect to the main provisions of the Convention, in particular: Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene in certain work processes at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or there are other equally safe methods); Article 6, paragraphs 1, 2, and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (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 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee trusts that the Government will take the necessary measures in the near future to give effect to the provisions of the Convention.

3. Article 9. The Committee noted in its previous comments that the draft regulations concerning medical services included, as part of the general routine, medical examinations prior to employment, during employment and thereafter. To the Committee’s understanding, the medical examinations the Government referred to were not provided for under specific legislation, but were carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalled the Government that this Article of the Convention requires specific medical examinations prior to employment and periodically thereafter for all workers to be employed in work processes involving exposure to benzene or products containing benzene, to assess their fitness for such employment. The Committee, in absence of any further information provided by the Government in this respect, requests the Government to indicate whether the draft regulations concerning medical services have been adopted in the meantime, and, if so, to indicate whether the provisions contained in the draft regulations have been aligned in a manner to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention.

The Committee urges the Government to adopt the necessary measures, without any further delay, to give effect to the provisions of the Convention. It firmly hopes that the next report of the Government will contain information on the adoption of a legal text concerning the protection of workers against the hazards of poisoning arising from their exposure to benzene.