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The Committee refers to its comments on the application of the Occupational Cancer Convention, 1974 (No. 139), with regard to the General Occupational Safety and Health Act of 2007. As already indicated in comments under other occupational safety and health Conventions, this Act establishes a favourable framework for facilitating the application of the Conventions in this area. However, each of these Conventions have their own specific features. The Committee notes that the Government has not replied to the Committee’s last comments formulated in 2006. The Committee therefore requests the Government to provide a detailed report on the provisions of the national legislation which give legislative expression to the Convention and on its application in practice, and requests the Government to include in the detailed report a reply to the questions asked by the Committee in 2006.
[The Government is asked to report in detail in 2011.]
The Committee notes the information contained in the Government’s report. Its notes in particular the information on the application of Articles 9, 10 and 11, paragraph 2, of the Convention.
1. Article 14, paragraph (a), of the Convention. Obligation to take, by laws or regulations or any other method consistent with national practice and conditions, such steps as may be necessary to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes that no information is included in the Government’s report on the adoption of regulations on benzene in accordance with Article 14. In its report, the Government confines itself to acknowledging that the adoption of regulations on benzene would make it possible to give full effect to the provisions of the Convention and it expresses the hope that this obligation will be fulfilled in future. The Committee recalls that there have been no specific legislative provisions since the ratification of the Convention to give effect to its requirements and it requests the Government to provide information in its next report on the progress achieved in this respect.
2. Article 2. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Noting once again the Government’s acknowledgement in its report of the need to adopt regulations on benzene to give effect to this provision, the Committee requests the Government to indicate the measures that have been adopted to ensure that, whenever they are available, harmless or less harmful substitute products are used instead of benzene or products containing benzene.
3. Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. As the Government’s report does not contain any information in response to its previous comments, the Committee requests the Government to indicate the national laws or regulations which specify the work processes in which the use of benzene and of products containing benzene is prohibited.
4. Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (u 80 mg/m3). The Committee notes that the General Directorate of Occupational Safety and Health has an environmental measurement laboratory which detects the presence of benzene and its derivatives from samples taken at the workplace. The Committee requests the Government to indicate the text determining the maximum concentration level and the necessary measures to ensure that the concentration of benzene in the air of places of employment does not exceed this ceiling value.
5. Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the Government’s reference in its report to the laws and regulations of a general nature containing provisions on the obligation of employers to provide free of charge and of workers to use personal protective equipment in workplaces where risks are inevitable or cannot be limited. The Committee requests the Government to indicate the laws or regulations which established the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.
6. Article 11, paragraph 1. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes the Government’s reference in its report to section 140 of the Labour Code, which provides that “the continued employment of a woman who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. Noting that this provision is of too general a nature and that, to give full effect to this Article, it needs to be specified by another provision, the Committee requests the Government to indicate the measures adopted to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene.
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 summaries of inspection reports, statistical information, including data on the number of workers covered, disaggregated by gender if possible, and the number and nature of contraventions reported.
The Committee notes the information provided by the Government indicating that it is committed to preparing regulations on benzene, based on the Act respecting the handling and control of pesticides and dangerous toxic substances, approved in 1998 by the National Assembly. The Committee recalls that there has been no specific legislation giving effect to the Convention since its ratification. It once again hopes that the Government will take the necessary measures as soon as possible to prepare the announced regulations with a view to giving effect to the provisions of the Convention.
The Committee hopes that the Government's next report will indicate that the regulations on benzene have been adopted and that they will give effect to the following provisions of the Convention, in accordance with Article 14, paragraph 2 (use of harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (prohibition of the use of benzene and of products containing benzene in certain work processes, including their use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (the concentration of benzene in the air not to exceed a maximum of 25 parts per million (80 mg/m3)), Article 8 (provision of adequate means of personal protection and limitation of the duration of exposure to levels of benzene concentration above the maximum limit), Articles 9 and 10 (pre-employment and periodic medical examinations) and Article 11 (prohibition of the employment of pregnant women and nursing mothers, as well as young persons under 18 years of age, in work processes involving exposure to benzene).
The Committee notes with interest the information provided in the Government's latest report and the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993. The Government has indicated that this Resolution will provide a legal framework within which other specific aspects of occupational safety and health can be regulated and recalls that section 3, paragraphs 1 and 2 of the Resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks.
The Committee would recall that, since its ratification, no provisions have existed to give effect to the Convention. In its report for 1987, the Government had declared that special inquiries were being carried out with a view to adopting safety measures specifically for the prevention of risks of intoxication by benzene. The Committee hopes, therefore, that the specific measures necessary to the application of the Convention will be taken in the very near future, in accordance with Article 14 of the Convention.
The Committee once again expresses the hope that the Government will be able to indicate in its next report that measures have been taken to ensure, in particular, the application of the following Articles of the Convention: Article 2 (the substitution of harmless or less harmful products to replace benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene which exceed the maximum limit), Articles 9 and 10 (pre-employment and periodic medical examinations), and Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).
In comments it has been making for several years, the Committee noted that no provisions existed to give effect to the Convention. In 1988, the Committee had taken note of the Government's indication that special inquiries were being carried out with a view to adopting safety measures for the prevention of risks of intoxication by benzene and requested the Government to supply information on the progress made in this regard. In its latest report, the Government has made reference to difficulties faced by the country in the last 13 years which have hindered the implementation of national occupational safety and health programmes. The Government adds, however, that the General Directorate of Occupational Safety and Health has just begun a series of actions aimed at identifying risk situations and establishing measures of control and that the Ibero-American Institute of Co-operation has begun to assist the Government in the drafting of Ministerial resolutions and agreements to regulate certain aspects of safety and health, taking into account the Committee of Experts' comments. The Committee hopes, therefore, that the Government will take the necessary measures in the very near future to ensure the application of the provisions of this Convention, as called for in Article 14 of the Convention.
In particular, the Committee reiterates its hope that the Government will be able to indicate in its next report the measures taken to ensure the application of the following Articles of the Convention: Article 2 (the use of available harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene exceeding the maximum), Articles 9 and 10 (pre-employment and periodic medical examinations), Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).
[The Government is requested to report in detail for the period ending 30 June 1993.]
In comments it has been making for several years now, the Committee noted that no provisions existed to give effect to the Convention. In 1988, the Committee took note of the Government's indication that special inquiries were being carried out with a view to adopting safety measures for the prevention of risks of intoxication by benzene and requested the Government to supply information on the progress made in this regard. In its latest report, the Government indicates that no change has occurred since its previous report and makes no mention of the status of these special inquiries. The Committee, therefore, urges the Government to take the necessary measures by laws or regulations or any other method to ensure the application of the provisions of this Convention, as called for in Article 14 of the Convention.
In particular, the Committee hopes that the measures necessary to ensure the application of the following Articles of the Convention will be taken in the near future: Article 2 (the use of available harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene exceeding the maximum), Articles 9 and 10 (pre-employment and periodic medical examinations), Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).
[The Government is requested to provide a detailed report for the period ending 30 June 1992.]
1. The Committee takes note of the Government's reply to its previous comments, which indicates that special inquiries are being carried out with a view to adopting safety measures in the very near future for the prevention of risks of intoxication by benzene. Since no provisions yet exist in laws or regulations to give effect to the Convention, the Committee trusts that the necessary measures announced by the Government will be adopted shortly, in accordance with Article 14(a) of this Convention.
The Committee requests the Government to supply information on progress made in this connection in its next report.