Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information provided by the Government in reply to its previous comments. It recalls that the Government had indicated in its report for the period ending 1 July 1989 that, to complement Decree No. 406/88 prescribing general regulations on safety and health conditions, two decrees were being studied in order to implement existing standards and adopt new standards to regulate activities involving specific health risks, such as exposure to benzene. The Government has indicated in its latest report that no new standards relevant to the application of the Convention have been adopted, but that regulations concerning specific health risks were still being studied. The Government is requested to continue to supply information on any progress made in this regard in future reports. Furthermore, the Government is requested to provide further clarifications in its next report on the following points:

Article 4, paragraph 2. The Committee recalls that under Article 4, paragraph 2 of the Convention, the use of benzene and of products containing benzene as a solvent or diluent shall be prohibited unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes the Government's indication that, by virtue of section 3 of Decree No. 183/982 of 27 May 1982 concerning measures for the protection of workers against the risks caused by carcinogenic substances and agents, the following uses of benzene are prohibited: as a solvent, when other products can be used instead and when benzene is used to make waterproof items. The Committee would note that the wording of this prohibition is very ambiguous as it appears to mean that the use of benzene as a solvent is prohibited in processes where it can be substituted with other products and is also prohibited in processes for making waterproof clothing. If Annex II were worded so as to prohibit the use of benzene as a solvent, and the use of benzene when other products can be used instead, and when benzene is used to make waterproof items, the prohibition of all uses of benzene as a solvent would be clear. The Government is, therefore, requested to indicate the measures taken or envisaged to amend this section so as to specify clearly the prohibition of all uses of benzene as a solvent (whether or not other products can be used instead). The Government is also requested to indicate the measures taken to prohibit the use of benzene as a diluent (unless carried out in an enclosed system).

Article 7, paragraph 1, of the Convention. Under Article 7, all work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system as far as practicable. The Committee notes that section 4 of Decree No. 183/982 provides that the use of the substances listed in table III shall be prohibited unless the process is carried out in an enclosed system. According to the Government's report, benzene is included in this list. The Committee has noted, however, that Bencidina, and not benzene, is on this list. The Committee notes that, under section 2 of the Decree dated 14 September 1945 concerning the production and use of benzol, benzene is excluded from its scope if it is fabricated or used in a closed apparatus, thus impeding the escape of the benzene into the working environment. Furthermore, section 3 of this Decree sets forth strict measures which must be taken by those enterprises using a closed apparatus so as to best ensure that the benzene will not escape into the workplace. The Government is requested to indicate the manner in which, by practical or other measures, it is ensured that, whenever practicable, work processes involving the use of benzene and of products containing benzene are carried out in an enclosed system.

Article 8, paragraph 2. The Committee notes from the Government's report that, in cases where workers may be exposed to concentrations of benzene in the air which exceed the normal exposure limit, the Honorary Commission of Dangerous Work has the option to establish a reduced work day. It further notes that section 5 of the Decree of 1945 provides that the work day for certain work processes involving exposure to benzene shall be limited to four hours. In previous comments, the Committee had noted that, under section 27(B) of this Decree, the employer was obliged to provide workers involved in particularly dangerous work processes involving benzene with respiratory masks. It would recall that, under this Article of the Convention, workers, who for special reasons may be exposed to concentrations of benzene in the air which exceed 25 p.p.m., shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. The Government is requested to indicate the manner in which, by practical or other measures, it is ensured that the respiratory masks referred to in section 27(B) of the Decree are provided to workers who, due to the nature of their work, may be exposed to benzene vapours exceeding 25 p.p.m. and to indicate whether, in such instances, the Honorary Commission of Dangerous Work has limited the duration of exposure.