Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

I. The Committee notes that the Occupational Safety and Health Act, 1997, has been adopted. It notes that this Act does not contain any specific provision which regulates the use of benzene and products containing benzene as provided for in the Convention. In this respect, the Committee notes the Government's indication that, in the absence of measures giving effect to the provisions of the Convention, the Occupational Safety and Health Division of the Ministry of Labour has been requested to take legal initiative in order to bring the national legislation into conformity with the Convention. To this effect, the Committee would draw the Government's attention once again to the following points.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air or places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee reiterates its hope that the Government will take the necessary measures and will soon be in a position to report on progress made towards the adoption of measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

II. Article 11 of the Convention. The Committee notes that section 41, paragraph 1, of the Occupational Safety and Health Act, 1997, provides for a general prohibition to employ children in any factory or in the business of a factory outside the factory. In this respect, it would point out that Article 11 calls for measures to prohibit the employment of young persons under 18 years of age, pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee would therefore request the Government to indicate the measures adopted or envisaged to ensure that full effect is given to this Article of the Convention.