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Benzene Convention, 1971 (No. 136) - Chile (Ratification: 1994)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 13 (white lead), 115 (radiation), 127 (maximum weight), 136 (benzene), 161 (occupational health services), 162 (asbestos) and 187 (promotional framework for occupational safety and health) in a single comment.

Application in practice of Conventions Nos 13, 115, 127, 136, 161, 162 and 187. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected and penalties imposed.

A.General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 4(1) and (2) of the Convention. National occupational safety and health system. In relation to its previous comments, the Committee notes with regret that the regulations to determine activities and work that may be included in the definition of non-teaching curricular hours still have not been adopted and the Government has not provided information on the tripartite consultations undertaken in this respect. The Committee also notes the Government’s indication in its report that, on 5 August 2021, a Consultative Council on occupational safety and health was established with representatives of employers’ and workers’ organizations. While recalling the importance of periodically reviewing the components of the national system, in consultation with the most representative organizations of employers and workers, the Committee once again requests the Government toprovide a copy of the regulations determining the activities and work that may be included in the definition of non-teaching curricular hours, as soon as it is adopted following full tripartite consultations in the Consultative Council on occupational safety and health. The Committee also requests the Government to provide information on the tripartite consultations undertaken in this respect.

Article 2(3). Measures that could be taken to ratify relevant ILO Conventions on occupational safety and health.While noting the information provided by the Government on the process initiated with a view to ratifying the Safety and Health in Mines Convention, 1995 (No. 176), the Committee requests the Government to continue to provide information on the consideration given to the ratification of the relevant Conventions on occupational safety and health, including Convention No. 176. It also requests the Government to provide information on the consultations held in this regard, including in the context of the Consultative Council on occupational safety and health.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes that the Government does not provide information on the consideration given to the specific problems of teachers within the framework of the national policy. It also notes that, according to Decree No. 47 of 2016 establishing the national occupational safety and health policy, the commitments for its implementation include the promotion of a participatory and tripartite analysis of the different issues concerning occupational safety and health, with a view to bringing the existing regulatory framework into line with the principles, objectives and commitments of the national policy (section VI(A)(2)). The Committee therefore once again requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy, in consultation with the most representative organizations of employers and workers.

Article 5. National programme. The Committee notes that Special Decree No. 31 of 2018 approved the national occupational safety and health programme for the period 2018-20 (section 1). According to the information available, the objectives of the national programme for the period 2018-20 included the development and promotion of a national culture of prevention on occupational safety and health, incorporating the prevention of occupational risks and the promotion of health in education, training and skills. The Committee also notes the adoption of the national plan on occupational safety and health for 2019, the objectives of which included the consolidation of the preventive advice model in workplaces and the strengthening of training processes as a key tool for promoting occupational safety and health. The Committee requests the Government to provide information on any assessment carried out regarding the national plan for the period 2018-2020 and the plan for 2019 in consultation with themost representative organizations of employers and workers, and on the manner in which this assessment contributes to the development of the national programme for the subsequent period. In this regard, the Committee requests the Government to provide information on the measures adopted to ensure the formulation, implementation, monitoring, evaluation and periodic review of the new national programme for the subsequent period in consultation with the mostrepresentative organizations of employers and workers. The Committee also once again requests the Government to provide information on the consideration given to the specific features of teaching work in the framework of the national programme. It also requests the Government to provide information on the measures adopted to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in compliance with Article 5(3) of the Convention.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3 and 6 of the Convention. Appropriate steps to ensure effective protection of workers against ionizing radiations, in the light of current knowledge. Review of the maximum permissible doses of ionizing radiations. In reply to its previous comments, the Committee notes the Government’s indication in its report that the Chilean Nuclear Energy Commission, by means of technical protection standards, establishes the limits for occupational exposure to ionizing radiation that are in line with the exposure limits recommended by international bodies. In this regard, the Committee notes with interest the dose limits established in the Safety Standard on basic criteria for radiation protection NS-02.0 of 2018 (points 1.2.1 and 1.2.3) and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 of 2021 (point 1.3.2, 5) and 7)): (i) in relation to the dose limits for the occupational exposure of exposed workers: (a) an effective dose of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; (b) an equivalent dose for the lens of the eye of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; and (c) an equivalent dose for the hands and feet or skin of 500 mSv per year; and (ii) in relation to higher education students and staff trainees whose training involves exposure to radiation: (a) an effective dose of 6 mSv per year; (b) an equivalent dose for the lens of the eye of 20 mSv per year; and (c) an equivalent dose to the hands and feet or skin of 150 mSv per year.

Furthermore, with regard to protection measures against ionizing radiation, the Committee notes the Government’s indication that, in 2007, the Chilean Institute of Public Health established a personal radiological monitoring programme that detects doses exceeding the limits established in the Safety Standards, which are communicated for investigation to the employer, the worker and the competent authority, with the aim of identifying the cause and taking health measures. The Government adds that, in 2010, a quality assurance programme for personal dosimetry services was established to monitor and maintain the quality of risk assessments of exposure doses received by workers. The Government also indicates that, since 2018, the national registration of doses carried out by authorized personal dosimetry services has allowed for effective epidemiological evaluations to be conducted to support the development of measures and regulations on radiological protection. Lastly, the Committee notes the Government’s indication that the dose limits for workers exposed to ionizing radiation established in Decree No. 3 of 1985 are currently being updated in accordance with the recommendations of international bodies. The Committee requests the Government to continue to provide information on the updating of Decree No. 3 of 1985, and to provide a copy of the new Decree once it has been adopted. It also requests the Government to provide information on the consultations held in this respect, including the most representative organizations of employers and workers consulted and the outcome of the consultations.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. 1. Emergency workers. Further to its previous comments, the Committee notes the information provided by the Government, according to which the revision of Decree No. 3 of 1985 that is currently underway incorporates the ionizing radiation limits for workers who intervene in emergency situations. Referring to paragraphs 36 and 37 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted to define the circumstances that constitute an emergency situation, and to ensure that the reference levels selected are within, or if possible, below the20–100 mSv band, and that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

2. Overexposure of workers to ionizing radiationduring the maintenance of radioactive facilities. The Committee notes the Government’s reference to section 17 of Decree No. 3 of 1985, which establishes that, in situations in which it is necessary to overexpose a person to radioactive contamination, such as during the maintenance of radioactive facilities, express authorization must be granted by the Director of the Health Service, who shall set the limits of the doses that may be received in such situations. The Committee recalls that, in accordance with Article 2 of the Convention, the Convention applies to all activities involving exposure of workers to ionizing radiation in the course of their work. Referring to paragraphs 32, 33 and 34 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted, in the context of the revision and updating of Decree No. 3 of 1985, to ensure that workers carrying out maintenance work on radioactive facilities are within the dose limits recommended for occupational exposure. Furthermore, the Committee requests the Government to provide information on the measures adopted to ensure that the overexposure of workers to ionizing radiation only occurs in emergency situations.

Article 6.Maximum permissible doses of ionizing radiation for pregnant or breastfeeding workers. With regard to the protection of pregnant or breastfeeding workers, the Committee notes that the Safety Standard on basic criteria for radiation protection NS-02.0 and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 do not stipulate the ionizing radiation limit for pregnant or breastfeeding workers. It also notes that section 14 of Decree No. 3 of 1985 approving the regulations on radiological protection in radioactive facilities, provides for a level of protection of 0.5 rem equivalent to 5 mSv. The Committee recalls that, in its General Observation on Convention No. 115, it considers that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (paragraph 33). While noting the information provided by the Government on the process to revise and update Decree No. 3 of 1985, the Committee requests the Government to provide information on the measures adopted to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.

Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. Further to its previous comments, the Committee notes that the Government refers to the radiation exposure limits for the public established in point 1.2.2 of the Safety Standard on the basic criteria for radiation protection, and in point 1.3.2.6 of the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities. The Committee observes that the above-mentioned Safety Standards do not provide for the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its General Observation on Convention No. 115, the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Benzene Convention, 1971 (No. 136)

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. With regard to its previous comments, the Committee notes that Supreme Decree No. 594 of 1999, approving the basic sanitary and environmental conditions for workplaces, has been amended twice since 2016 through Decree No. 30 of 2018 and Decree No. 10 of 2019.

The Committee notes with regret that, despite the amendments, particularly under Decree No. 30 of 2018, which amended, inter alia, section 66 of Supreme Decree No. 594 of 1999 on the permissible limits for chemical substances, the current occupational exposure limits for benzene (1 ppm (time-weighted) and 5 ppm (short-term) are still considerably higher than the limits recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) (0.5 ppm (time-weighted) and 2.5 ppm (short-term)). While noting the Government’s indication that the lowering of occupational exposure limits for benzene is being examined, the Committee requests the Government to provide information on the measures taken in this respect.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. In relation to its previous comments, the Committee notes the information provided by the Government on the repeal of Supreme Decree No. 90 of 1996 approving the safety regulations for the storage, refining, transport and sale to the public of petroleum-derived liquid fuels and the continuing applicability of Supreme Decree No. 160 of 2008 approving the safety regulations for facilities and operations for production and refining, transport, storage, distribution and supply of liquid fuels. The Committee notes that Supreme Decree No. 160 of 2008 establishes the provision of enclosed safety systems for the control of spills from tanks containing liquid fuels (sections 66 and 78), as well as for drainage (section 170) and the delivery of liquid fuels to supply units (section 259(f)). The Committee also notes that, according to section 69 of Supreme Decree No. 160 of 2008, as an alternative means to the enclosed safety systems, systems for conducting liquid fuel spills to remote locations may be used, in accordance with the requirements established in the above-mentioned section 69. The Committee takes note of this information.

Article 14. Application of the Convention. The Committee notes the information contained in the 2018 descriptive study provided by the Government entitled “The exposure of fuel station workers to volatile organic compounds, such as benzene, toluene and xylene”, conducted by the Chilean Institute of Public Health, which reports a decrease in benzene exposure of fuel station workers due to the installation of vapour recovery systems and the automation of dispensing machines. The Committee also notes that the Government’s indication that, as of June 2022, some 158 workers were under surveillance for exposure to benzene, which is 130 more than in 2016. The Committee requests the Government to continue to provide information in relation to the monitoring of workers exposed to benzene.

Asbestos Convention, 1986 (No. 162)

Article 14 of the Convention. Requirement of labelling. Further to its earlier comments, the Committee notes the Government’s reference in its report to Chilean Standard No. 2245 of 2003, which establishes the required content of safety data sheets for chemical substances. In this regard, the Committee notes that under Chilean Standard No. 2245 of 2003, the supplier shall provide a safety data sheet giving details of the chemical substance and the supplier (point 5(b)); identification and categorization of risks (point 7(3)); and a general description of the chemical substance, allowing it to be easily identified in the event of an emergency (point 7(4)). This information must be drafted clearly and concisely in Spanish (point 5(5)). The Committee also notes the provisions of Chilean Standard No. 2190 of 2003 on badges for risk identification in transport of hazardous substances. It particularly notes the requirement that labels, marks and placards must include information on the risks of the hazardous substances listed in points 5, 6, 7 and 8 of the abovementioned Chilean Standard. The Committee takes note of this information, which addresses its previous request.

Article 17(3). Consultation of workers or their representatives on the workplan. In reply to its previous comments, the Committee notes the Government’s indication that, according to paragraph 12.3 of the “Guide for the formulation of a workplan for material containing asbestos (MCA)” workers undertaking work with materials containing asbestos must obligatorily receive training before the beginning of the work in the following areas: health risks and preventive measures; work procedures; personal protective equipment; environmental monitoring and workers’ health programme; handling and elimination of residues, and others.

The Committee notes that the Guide and Instructions on how to request authorization to undertake work with materials containing asbestos (MCA) do not include provisions relative to consultations with the workers and their representatives regarding the workplan. The Committee once again requests the Government to provide information on the measures adopted to ensure that consultations are held with the workers or their representatives on the workplan, in conformity with Article 17(3) of the Convention.

Article 18(3). Prohibition of taking home work clothing and special protective clothing. Further to its earlier comments, the Committee notes the Government’s reference to section 27 of Supreme Decree No. 594 of 1999, which establishes that the employer shall wash the work clothes and adopt measures to prevent workers from taking work clothes out of the workplace. The Committee takes note of this information, which addresses its previous request.

Article 20(1). Measurement and monitoring by the employer. In response to its earlier comments, the Committee notes the information provided by the Government on the methods of measuring the concentration of airborne suspensions of asbestos dust in workplaces and of monitoring workers’ exposure to asbestos. In particular, it notes: (i) the Protocol for determining the airborne concentration of asbestos fibres, in work environments, which is based on the phase-contrast microscopy (PCM) method, approved by Special Resolution No. 29 of 2013; (ii) the Protocol for the sampling of material that contains or may contain asbestos in the workplace, approved by Special Resolution No. 2357 of 2021; and (iii) the Handbook for the elaboration of a workplan for friable and non-friable material containing asbestos. The Committee notes that the Handbook stipulates that the workplan must include a sampling programme for workers and the environment (paragraph 4.2.8), workers must have proof that they are following a health monitoring programme for exposure to asbestos, as well as the result of their latest health check-up, in accordance with a Ministry of Health protocol (paragraph 4.2.13). The Committee requests the Government to indicate at what intervals measurement and monitoring is conducted, in conformity with Article 20(1) of the Convention.

Article 20(2). Period for which records must be kept. Regarding its earlier comments, the Committee notes the Government’s indication that the results of the measurements and monitoring of the work environment and the exposure of workers must be kept by the mutual societies in original format, and may be microfilmed or digitalized, as provided under section 2 of Decree No. 2412 of 1978, establishing rules on recovery and updating of individual accounts and registers. The Government also indicates that, within the framework of the National Occupational Safety and Health Information System, administrative bodies and enterprises with delegated administration must submit information on monitoring programmes. The system is at the phase of technological development. The Committee requests the Government to continue providing information on the manner in which it ensures that records of monitoring of the working environment and of the exposure of workers to asbestos are kept, and also on progress achieved in submitting information on monitoring programmes by administrative bodies and enterprises with delegated administration within the framework of the National Occupational Safety and Health Monitoring System. It also requests the Government to indicate the period during which records of monitoring must be kept, in conformity with Article 20(2) of the Convention.

Article 20(3). Access to the records by the workers, their representatives, and the inspection services. In response to its previous comments, the Committee indicates that, according to section 24 of Decree No. 54 of 1969, approving the Regulations for the constitution and operation of the joint health and safety committees, the committees may request the environmental monitoring reports from the employer. The Government also indicates that, in accordance with the provisions of Chapter IV of the Compendium of Social Security Rules for Employment Accidents and Work-related Diseases, administrative bodies and enterprises with delegated administration shall inform the workers of the results of health monitoring examinations, adopting safeguards for the protection of sensitive data, in compliance with the legislation in force. The Committee takes note of this information, which addresses its previous request.

Article 20(4).Right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. Further to its previous comments, the Committee notes the Government’s indication that, by virtue of section 24 of Decree No. 54 of 1969, the joint safety and health committees may, if they deem it necessary, request the employer to conduct environmental evaluations. These committees may also receive and consider suggestions from the workers on situations they observe in workplaces.

The Committee notes the Government’s indication that workers and their representative organizations may seek recourse to the competent authorities, in case of disagreement in respect of the quality of the prevention activities undertaken by the administrative bodies, including evaluations conducted by the latter in the context of monitoring programmes, and may report failure to respect risk-prevention procedures by the employer to the competent authorities. The Committee requests the Government to provide information on the application in practice of Article 20(4) of the Convention with regard to monitoring of the working environment requested by the workers of their representatives.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. In its previous comments, the Committee requested the Government to take the necessary measures to update the limit that is currently in force for occupational exposure to benzene in light of current scientific knowledge and, in particular, the limit recommended by the American Conference of Governmental Industrial Hygienists (ACGIH), and to provide information on this subject. The Committee recalls that the ACGIH recommended that the concentration limit for occupational exposure to benzene should not be over 0.5 ppm (time-weighted) and 2.5 ppm (short-term). In this regard, the Committee notes with regret that, according to the information provided by the Government in its report, by Supreme Decree No. 594 of 1999, as amended in 2015, of the Ministry of Health, the limits for occupational exposure to benzene are clearly higher than the above exposure limits. The Committee once again requests the Government to take the necessary measures to establish threshold limit values in accordance with the ACGIH’s recommendation, and to provide information on this subject.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. In its previous comments, the Committee requested the Government to provide information on the manner in which it is ensured that work processes involving the use of benzene or products containing benzene shall, as far as practicable, be carried out in an enclosed system. The Committee notes the Government’s reference to section 9 of Decree No. 144 of 1985 of the Ministry of Health and Supreme Decree No. 90 of 1996 of the Ministry of Economy. The Committee notes that, although these texts contain protective provisions, it is not clear whether or not they give full effect to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it is ensured that work processes involving the use of benzene or of products containing benzene shall, as far as practicable, be carried out in an enclosed system, and requests it to provide practical information on this subject.

Article 14(c). Requirement to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out. Application in practice. In relation to its previous comments, the Committee notes that the Social Security Supervisory Authority requested the social security administrative bodies covered by Act No. 16744 to report on the monitoring programmes carried out in 2014 in accordance with the implementing regulations of the Act. The Government indicates that the required information was sent by the administrative bodies to the Social Security Supervisory Authority, but that it is currently in the process of being revised. The Committee also notes the Government’s indication that, without prejudice to the above, it is known that at least 28 workers are following programmes as a result of exposure to benzene. The Committee trusts that the information provided to the Social Security Supervisory Authority will be communicated, together with any updated information, in the Government’s next report.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

New legislation. The Committee notes the communication by the Government of a copy of Decree No. 50 of 11 November 2007, approving the Regulations implementing section 3 of the Labour Code (work by young persons under 18 years of age) and Decree No. 148 of 12 June 2003 approving the Health Regulations on the handling of hazardous wastes. While noting that this legislation regulates important issues for the health and safety of workers, the Committee requests the Government to specify the provisions of these Decrees which give effect to specific Articles of the Convention and to indicate which Articles, so that it is able to assess more fully the impact of this legislation on the application of the present Convention.

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. The Committee notes that the Government reiterates the same information as that provided in its previous report to the effect that the exposure limits are 8 parts per million (ppm). The Committee requests the Government to take the necessary measures to update the limit that is currently in force for occupational exposure to benzene in light of current scientific knowledge and, particularly, the limit recommended by the American Conference of Governmental Industrial Hygienists (ACGIH), which has recommended that the concentration limit for occupational exposure to benzene should be no more than 0.5 ppm, and to provide information on this subject.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. The Committee notes the reference by the Government to section 9 of Decree No. 144 of 1985 of the Ministry of Health and to Supreme Decree No. 90 of 1996 of the Ministry of the Economy. The Committee notes that these texts contain protective provisions, but that it is not however clear whether or not they give full effect to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it is ensured that work processes involving the use of benzene or of products containing benzene shall as far as possible be carried out in an enclosed system and it requests it to provide practical information on this subject.

Article 10. Medical examinations free of charge carried out by qualified personnel. The Committee notes that, according to the information provided by the Government, effect is given to this Article of the Convention.

Article 14(c) and Part IV of the report form. Requirement to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out. Application in practice. The Committee notes that the Government is awaiting further information from the health authorities responsible for undertaking inspections in matters relating to the Convention, as indicated by the Government in its first report. The Committee recalls the fundamental importance of providing information on the manner in which effect is given to the Convention in practice and once again requests the Government to provide information on the various inspection activities to supervise compliance with the provisions of this Convention and their findings, including extracts from the inspection reports produced when undertaking such inspections.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. In particular, it notes the information on the application of Article 8 of the Convention.

2. Article 6, paragraph 2, of the Convention. Establishment of limits for occupational exposure to benzene. The Committee notes with interest that section 1 of Decree No. 201 of 27 April 2001 modified the occupational exposure limit established in section 66 of Decree No. 594/99 and set the limit at the level of 8 parts per million (ppm). At the same time, the Committee draws the Government’s attention to the fact that the limit established in the Convention was based on scientific knowledge available in 1971, at the time that the Convention was adopted, and that over the years that have elapsed since the beginning of the 1970s, based on scientific progress, the concentration limit for occupational exposure has been reconsidered by a number of competent bodies. For example, the American Conference of Industrial Hygienists (ACGIH) has recommended that the concentration limit for occupational exposure to benzene should be no more than 0.5 ppm. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to harmonize the concentration limit currently in force for occupational exposure to benzene with current scientific knowledge, and particularly the limit recommended by the ACGIH.

3. Article 6, paragraph 3. Issuing of directions by the competent authorities for the measurement of benzene in the air. The Committee notes the Government’s reference to the Basic Manual on Measurement and Biological Samples in Occupational Health, Chapter VIII, which includes a guide for taking samples of chemical agents in the workplace, including organic solvents. With a view to examining the application of this provision of the Convention in greater depth, the Committee requests the Government to provide a copy of the above Manual with its next report.

4. Article 7. Processes involving the use of benzene to be carried out in an enclosed system. The Committee notes that, in its reply to its previous comments, the Government refers to the national legislation that is in force, by virtue of which, in cases in which the health authority authorizes the use of benzene on the grounds that it cannot be replaced by another product, the process of the production, distribution, sale and use of organic solvents which are harmful to health shall be carried out as far as practicable in enclosed installations. The Government is requested to indicate the provisions of this legislation which give effect to the present Article.

5. Article 9, paragraph 1, and Article 10, paragraph 1. Pre-employment medical examinations and periodic re-examinations. The Committee notes the Government’s reference to section 68 of Act No. 16744 on social insurance against occupational injury and section 3 of Presidential Decree No. 40 implementing the Act, establishing the obligation for enterprises to adopt occupational safety and health measures and the obligation for employers’ mutual societies to undertake continuous activities for the prevention of the risk of employment accidents and occupational diseases. The Committee notes that none of the above provisions establish the obligation for workers exposed to benzene or to products containing benzene to undergo a thorough pre-employment medical examination for fitness for employment and periodic re-examinations. The Committee therefore requests the Government to indicate the necessary measures taken to ensure that all workers concerned undergo medical examinations of the two types indicated above and that such medical examinations are carried out under the responsibility of a qualified physician, approved by the competent authority, or of various categories of physicians whose qualifications or functions make them especially competent to carry out such examinations.

6. Article 10, paragraph 2. Medical examination free of charge for workers. With reference to its previous comments, the Committee notes from the Government’s report that there is no provision in the national legislation explicitly providing that the preventive examinations that have to be carried out in the context of the programme of surveillance shall be free of charge. The Government is requested to indicate the measures taken to ensure that the medical examination is free of charge for workers.

7. Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, as well as extracts from labour inspection reports, statistical data, including information on the number of workers covered and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 takes note of the Government’s report. It draws the Government’s attention to the following points and requests the Government to supply further information as required.

1. Article 6, paragraph 2, of the Convention. Establishment of limits for occupational exposure. The Committee notes article 66 of Decree No. 594 of 29 April 2000 concerning basic health conditions and the working environment, establishing a concentration limit of benzene in the air of the environment of 1.3 mg/m3, which is below the concentration level established by the Convention. The Committee, however, would draw the Government’s attention to the fact that this limit has been established based on the scientific knowledge available in 1971, at the time when the Convention had been adopted. In the meantime, following scientific progress, the concentration limit for occupational exposure recommended by the American Conference of Industrial Hygienists (ACGIH) is nearly ten times lower, namely 0.5 ppm. The exposure limit of 1.3 mg/m3 fixed by the above Decree corresponds to 1.625 ppm. The Committee therefore invites the Government to consider the possibility to align the limit value currently in force for occupational exposure to benzene to the limit value recommended by the American Conference of Industrial Hygienists (ACGIH).

2. Article 6, paragraph 3. Issuing of directives by the competent authority for measuring benzene in the air. The Committee requests the Government to indicate whether the competent authority has issued directives for the measurement of the concentration of benzene in the air in places of employment.

3. Article 7, paragraph 1. Processes involving the use of benzene to be carried out in an enclosed system. The Committee requests the Government to indicate whether the use of benzene or products containing benzene, to the extent permitted according to article 10 of Decree No. 144 of 26 July 1985 on the production, distribution, store and use of organic solvents harmful to health, must be carried out, as far as practicable, in an enclosed system.

4. Article 8. Provision of personal protection means to workers against the risk of inhaling or absorbing benzene through the skin. The Committee notes article 68 of Act No. 16.744 of 1 February 1968 on the establishment of social insurance against accidents and occupational diseases, read together with article 11 of Decree No. 144 of 26 July 1985 on the production, distribution, store and use of organic solvents harmful to health, requiring the enterprise to provide workers with the necessary means of protection against the risk inherent in their work. In the same way, article 53 of Decree No. 594 of 29 April 2000 concerning basic health conditions and the working environment, obliges the employer to provide, according to the risks inherent to the work, adequate protection equipment to the workers. However, it does not derive from these provisions that specific means of personal protection against the risks of absorbing benzene through the skin or of inhaling benzene vapour have to be provided to the workers. Hence, the Committee requests the Government to specify the protection means that are put at the disposal of the workers concerned.

5. Article 9, paragraph 1, and Article 10, paragraph 1. Medical examination. With regard to the medical examination of workers, the Committee notes that the Government refers to article 12 of Act No. 16.744 of 1 February 1968 on the establishment of social insurance against accidents and occupational diseases. Article 12(c) provides for the carrying out of permanent activities related to the prevention of occupational accidents and diseases. The Committee notes the Government’s indication that the organs of the Social Security (Mutualidades), on the basis of this law, carry out pre-employment examinations of the workers at the request of the enterprises. The Committee, while taking into consideration the Government’s indications on the understanding of the above provision, observes that it appears to be left to the discretion of the individual employer to request medical examinations of his workers. In contrast, the Convention provides for medical examinations for fitness for employment of all workers exposed to benzene in the course of their work. These examinations must be carried out at different stages, namely prior to employment and periodically thereafter, and must include biological tests and blood tests at intervals to be fixed by national laws or regulations. The Committee therefore requests the Government to take the necessary measures to ensure that all workers concerned are subject to medical examinations prior to employment and periodically thereafter. With regard to the manner in which the medical examinations are to be carried out, the Committee draws the Government’s attention to Article 10 of the Convention providing for the obligation of the competent authority to approve qualified physicians responsible for such examinations, or categories of physicians whose qualifications or functions make them especially competent to carry out the examinations, with the assistance, as appropriate, of a competent laboratory.

6. Article 10, paragraph 2. Medical examination free of charge for workers. The Committee notes the Government’s indication that the medical surveillance does not involve the workers in any expense. The Committee requests the Government to specify the legal basis providing for medical surveillance free of charge for workers.

7. Article 11, paragraph 2. Prohibition to employ young persons under the age of 18 years in work processes involving their exposure to benzene. The Committee notes that pursuant to article 13, paragraph 2, of the Labour Code, young persons between 15 and 18 years of age may only be parties to a labour contract with the authorization of the persons indicated therein. Article 14 of the Labour Code specifies that young persons under the age of 18 years may not be employed, inter alia, in activities which are dangerous for their health, safety and morality. Hence, the Committee requests the Government to indicate whether activities involving exposure to benzene are covered by the prohibition set out under article 14 of the Labour Code, and to provide a copy of the list of activities prohibited for young persons under the age of 18.

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

The Committee takes note of the Government’s report. It draws the Government’s attention to the following points and requests the Government to supply further information as required.