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Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(1) of the Convention. Prohibition on the employment of young persons and women. In reference to its previous comments, the Committee notes the Government’s reply indicating that the revision of Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST, establishing the types of work and the categories of enterprises which are prohibited for women, pregnant women and young persons, as well as the age until which the prohibition applies, will be envisaged once the current review of the Labour Code has been completed, including the necessary amendments. In this regard, the Government indicates that the issue of revising the Order was discussed at the second meeting of the National Commission on Occupational Safety and Health (CNSST) in October 2012 and that the new wording proposed by the commissioners of the CNSST takes into account the comments made by the Committee in this regard. The Committee further notes the Government’s indication that the draft Decree establishing the list of the worst forms of child labour was submitted to the Council of Ministers for consideration after being reviewed at the December 2014 session of the National Labour Council. The Committee requests the Government to provide information on developments relating to the revision of Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST with regard to the prohibition of women in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. It also requests the Government to provide a copy of the Decree establishing the list of the worst forms of child labour once it has been adopted.
Article 7. Statistics on morbidity and mortality. The Committee notes the Government’s indication that the National Social Security Fund (CNSS), which is responsible for the provision of statistics on occupational diseases, has not received any notifications of cases of morbidity or mortality due to lead poisoning. The Committee requests the Government to continue providing statistics on cases of morbidity and mortality due to lead poisoning.
Technical assistance. In reference to its previous comments, the Committee notes that the Government wishes to receive assistance from the Office for the implementation of the provisions of the Convention, particularly in the informal sector of the economy. The Committee hopes that the Office will provide the technical assistance requested by the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(1) of the Convention. Employment of all females shall be prohibited. The Committee notes the response provided by the Government in its latest report indicating that amendments to Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST are currently in progress; and that monitoring investigations undertaken in the construction industry have shown that women do not generally participate in this industry, but that they are involved in art painting and dyeing. The Committee further notes the information that the national list of the worst forms of child labour has been drawn up with the inclusion of the employment of children in painting, particularly in operations of scraping off and sanding old buildings, and that it is currently being adopted. The Committee asks the Government to keep it informed of amendments to the abovementioned Order with regard to the prohibition of all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments; and to provide a copy of the national list of the worst forms of child labour once it has been adopted.

Article 7. Statistics as to morbidity and mortality. The Committee notes the information provided by the Government indicating that statistics on the morbidity and mortality among working painters are not available. The Committee requests the Government to provide relevant statistics concerning cases of morbidity and mortality due to lead poisoning, in accordance with Article 7 of the Convention; and to provide full information on the action taken for the compilation of such statistics.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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

1. The Committee notes the information provided by the Government in its report. The Committee notes with interest the measures taken by the Government to give effect to the occupational safety and health regulations, including the development of human resources and of research and management in the field of occupational safety and health. The Committee wishes to draw the Government’s attention to the following points.

2. Article 3, paragraph 1, of the Convention. The Committee notes that the services of the Ministry of the Public Service, Labour and Administrative Reform and of the National Social Security Fund ensure the monitoring and surveillance of any cases of the recruitment of women in painting work of an industrial character. The Committee notes with interest the Government’s indication in its report of the possibility of amending Inter-Ministerial Order No. 132/
MFPTRA/MSP to include painting work of an industrial character among the activities prohibited for women. The Committee encourages the amendment of the Inter-Ministerial Order and requests the Government to provide it with a copy of the Order, as amended.

3. The Committee notes with interest the Government’s indication in its report of its intention of including the employment of children in painting work, particularly the operations of scraping off and sanding old buildings, in the national list of the worst forms of child labour. The Committee requests the Government to provide it with a copy of the national list of the worst forms of child labour when it has been supplemented.

4. The Committee requests the Government to continue providing it with statistics on morbidity and mortality among working painters.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report. It also notes the adoption of Act No. 98-004 of 27 January 1998 issuing the Labour Code, Order No. 022/MFPTRA/DC/SGM/DT/SST of 19 April 1999 issuing general measures for health and safety at work and Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2 November 2000 fixing the nature of work and the categories of enterprises prohibited to women, pregnant women and young persons and the age limit to which the prohibition applies. The Committee wishes to draw the attention of the Government to the following matters.

Article 3, paragraph 1, of the Convention. The Committee notes that sections 5 and 6 of Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2 November 2000 fixing the nature of work and categories of enterprises prohibited to women, pregnant women and young persons and the age limit to which the prohibition applies list the work prohibited to women. The work prohibited to women does not include painting work of an industrial character involving the use of white lead as provided in Article 3 of the Convention. The Government is requested to indicate the measures taken or envisaged to ensure that women may not be called upon to carry out painting work of an industrial character involving the use of white lead. With regard to pregnant women, the Committee notes with interest that section 8 of the abovementioned Order prohibits the employment of pregnant women or of nursing women in work exposing them, inter alia, to lead and its components. With regard to young workers, the Committee notes with interest that section 20 of the same Order prohibits the employment of young workers under the age of 18 on work where they come into contact with lead and its components, namely work on scraping, burning, or cutting out with a blow torch of material covered with paint containing lead. In this regard, the Government indicates that a study on the employment of apprentices, carried out by the multidisciplinary industrial health team of the Directorate of Labour, has revealed that child apprentices are unequally distributed among the various trades in Benin and that there are few young apprentices in the painting trade. The painting trades, however, are among the most dangerous for the safety and health of children under 15 years old even though it has been proved that the paint does not contain white lead. The risks to which those performing this trade may be exposed relate to possible exposure to dust from sanding down old buildings in which the paint contains white lead. In this context, the Committee recalls the provision of section 18 of the abovementioned Order which, inter alia, prohibits the employment of young workers under 18 years of age in work on sanding and roughening of hard stone. In addition, section 6 of General Order No. 8827/IGTLS/AOF of 14 November 1955 laying down special health measures applicable in French West Africa in establishments where the staff are exposed to lead intoxication prohibits scraping or dry sanding of paint containing lead components. Consequently, the Committee requests the Government to indicate, first, whether Order No. 8827/IGTLS/AOF of 14 November 1955 remains in force and secondly, to supply information on the action taken, namely through inspection of workplaces, to ensure the application in practice of the provisions of the abovementioned Orders.

Article 7. The Committee notes the Government’s indication to the effect that neither the occupational health service of the Directorate of Labour nor the Benin Office of Social Security have discovered any case of illness caused by white lead and that no statements have been received on this subject. It invites the Government to continue to provide the ILO with statistics on morbidity and mortality among painters.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 7 of the Convention. The Committee notes with interest the results, contained in the Government's report, of inquiries carried out by the occupational health service on lead poisoning among working painters. The Committee requests the Government to continue to provide the ILO with statistics on morbidity and mortality among working painters.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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 from the Government's report that there has been no change in the legislation giving effect to the Convention. It notes, however, that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's report that there has been no change in the legislation giving effect to the Convention. It notes, however, that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

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