Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 the information provided by the Government in reply to its direct request. It would draw the Government’s attention to the following points.

1. Article 4, paragraph 2, of the Convention. The Committee notes the Government’s indication to the effect that inspectors advise the employers to provide sufficient and effective means to filter out the vapours from the working environment in order to ensure the removal of benzene vapour in the event that the work process cannot be carried out in an enclosed system, in accordance with regulations 7(1) and 7(2) of the Factories (Benzene) Regulations. It further notes that the inspectors ensure that processes, where such chemicals are used, are carried out in an enclosed system. The Committee requests the Government to specify the abovementioned means used to remove benzene vapours from the working environment.

2. Article 6, paragraph 3. The Committee notes the Government’s indication that the Department of Factories, being the competent authority, has no equipment to measure the concentration of benzene in the air of places of employment, but that some factory inspectors have been trained in the use of such equipment. It further notes that directions for measuring benzene in the air of places of employment will be issued when the equipment is made available and that these directives will be supplemented by a series of workshop demonstrations. The Committee hopes that the lacking equipment will be available soon and that the Government will take appropriate action in this request to guarantee the carrying out of these measurements indispensable to evaluate the concentration of benzene in the air at workplaces. It requests the Government to keep it informed on the progress made in this regard.

3. Article 8, paragraph 2. The Committee notes the Government’s indication to the effect that administrative measures have been taken to limit the duration of exposure to the possible minimum and that employers have provided adequate protective equipment and clothing against the risk of inhaling benzene and its products or absorbing them through the skin. The Committee requests the Government to specify the administrative measures providing for a limitation of exposure in the case set out in Article 8, paragraph 2, of the Convention.

4. Article 10, paragraph 1. The Committee notes the Government’s indication that though competent laboratories exist, they have not been fully utilized due to the nature of their operations and mandate. It further notes that the Government has not yet taken measures to ensure that the required medical examinations under the Convention are carried out by qualified physicians, approved by the competent authority, for lack of specialized physicians in the country. However, ordinary medical examinations are conducted by general physicians at the request of the employer as directed by the Department. Nevertheless, the Government has taken into consideration the Committee’s preceding comment regarding the measures to be taken in order to meet the requirements of this paragraph of the Convention. The Committee accordingly hopes that the Government will take the necessary steps in the near future to ensure that medical examinations will be carried out under the responsibility of a qualified physician, approved by the competent authority, and that the assistance of competent laboratories is received, as appropriate, in accordance with this provision of the Convention. The Committee also hopes that the Government will indicate, in its next report, the progress achieved in this regard.

5. Article 14(c). The Committee notes that inspections are carried out every three months by qualified and graduated inspectors with industrial experience under the auspices of the Factories Department, but that they could not measure the level of benzene in the factories concerned due to the lack of equipment. The Committee therefore requests the Government to explain the manner in which these inspections are carried out under these circumstances and, in particular, to indicate the means utilized by the inspectors in order to evaluate the degree to which the Convention is applied in practice.

The Committee reiterates its hope that the Government will soon be able to take the necessary action to ensure the full application of the Convention.