Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s reports. It observes that they do not contain information concerning any future legal texts or work for the preparation of such texts. It recalls that the Government has frequently indicated in its reports over a number of years, starting from 1990, that, to supplement Decree No. 406/88 prescribing general regulations on safety and health conditions, two decrees were being examined to implement existing standards and adopt new standards to regulate activities involving specific health risks, such as exposure to benzene. The Committee requests the Government to confirm its intention to adopt regulations in the near future, in accordance with Article 14(a) of the Convention, establishing such measures as may be necessary to give full effect to the Convention and to provide information on the progress achieved in this respect. The Committee also requests the Government to provide further clarifications in its next report on the following matters.

2. Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and of products containing benzene 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. The Committee refers to its previous comments concerning 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 the use of benzene to make waterproof items. In this respect, the Committee notes once again that the wording of this prohibition is very ambiguous as it would appear to mean that the use of benzene as a solvent is prohibited in processes where it can be substituted by other products and that it is also prohibited in processes for making waterproof clothing. Noting the need to amend this section so as to clearly specify the prohibition of all uses of benzene as a solvent, the Committee requests the Government to indicate the measures adopted to give effect to this provision.

3. Article 7, paragraph 1. Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. With reference to its previous comments, the Committee notes that the national legislation does not establish the obligation to use an enclosed system for processes involving the use of benzene. It requests the Government to indicate the manner in which, by practical or other measures, 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.

4. Article 8, paragraph 2. Obligation to use adequate means of personal protection against the risk of inhaling benzene vapour. The Committee notes that, under the terms of section 27(B) of the Decree of 14 September 1945 respecting the production and use of benzene, the employer was obliged to provide respiratory masks to workers engaged in particularly dangerous work processes involving benzene. The Committee requests the Government 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 concentrations of benzene in the air exceeding a maximum value of 25 parts per million.

5. 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, and statistical data, including information on the number of workers covered, disaggregated by gender if possible, and the number and nature of the contraventions reported.