Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 13) sur la céruse (peinture), 1921 - Bosnie-Herzégovine (Ratification: 1993)

Autre commentaire sur C013

Observation

2007

Demande directe

2015
2010
2009

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Articles 1 and 2 of the Convention. Prohibition of the use of white lead and sulphate of lead and of all products containing these pigments. The Committee notes the Government’s indication that the legislation does not prohibit the use of white lead, sulphate of lead and all products containing these pigments in the Federation of Bosnia and Herzegovina, but that a draft law on chemicals and a list of hazardous materials are currently being elaborated. Furthermore, the Committee notes from the Government’s report that in the Republika of Srpska, section 46 of the Law on Chemicals and Annex 1 of the Rulebook on the criteria limiting or prohibiting the transport and use of chemicals prohibit the use of lead carbonates and sulphate of lead, except for the restoration and protection of works of art or historical buildings. The Committee also notes that the Government’s report contains no information on the effect given to the requirements of these Articles of the Convention in the Brčko District. The Committee requests the Government to continue to provide information on progress achieved in the adoption of the Law on Chemicals and the List of hazardous materials, and on any other measures taken and applicable in the Federation of Bosnia and Herzegovina, in accordance with Articles 1 and 2 of the Convention. The Committee also requests the Government to provide a copy of the Law on Chemicals and the Rulebook on the criteria limiting or prohibiting the transport and use of chemicals applicable in the Republika of Srpska. Furthermore, it requests the Government to provide detailed information on the measures taken to give effect to these provisions of the Convention in the Brčko District.

Article 3. Prohibition of the employment of young persons and women. The Committee notes from the Government’s report that pursuant to the Rulebook on the criteria for the identification of jobs carried out in specific working conditions and medical examinations for workers employed in these jobs, which applies in the Federation of Bosnia and Herzegovina, the employment of male workers under 18 years of age and of pregnant or breastfeeding workers in jobs involving exposure to dusts and fumes from lead and its compounds or exposure to tetraethyllead, is prohibited. The Committee also notes the Government’s indication that similar provisions are applicable in the Republika of Srpska, under section 78 of the Labour Law and section 17 of the Rulebook on the content of, and procedures for, medical examinations of workers employed in jobs with increased risk involving exposure to poisonous substances. The Committee recalls that Article 3(1) of the Convention prohibits the employment of all female workers in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also notes that the Government’s report contains no information on the effect given to the requirements of this Article of the Convention in the Brčko District. The Committee requests the Government to adopt the necessary provisions to prohibit the employment of all female workers in painting work of an industrial character involving the use of white lead, sulphate of lead and products containing these pigments. It also requests the Government to indicate whether permission has been granted for the employment of painters’ apprentices, in keeping with the conditions set out in Article 3(2) of the Convention. Furthermore, it requests the Government to provide detailed information on the measures taken to give effect to Article 3 of the Convention in the Brčko District.

Article 5. Regulation of the use of white lead. With reference to its previous comment, the Committee notes that in the Republika of Srpska, the legislation seems to give effect to Article 5, II on the provision of adequate facilities and protective clothing; Article 5, III(b) on the medical examination of workers; and Article 5, IV on instructions received by workers. However, the Committee notes that no information has been provided concerning measures taken to regulate the use of white lead, sulphate of lead and products containing these pigments in operations for which their use is not prohibited, including measures to prevent danger arising from the application of paint in the form of spray or from dust caused by dry rubbing down and scraping, as required by Article 5, I of the Convention. Furthermore, the Committee notes that the Government’s report contains no information on the effect given to the requirements of this Article of the Convention in the Federation of Bosnia and Herzegovina and the Brčko District. The Committee requests the Government to specify the provisions giving effect to Article 5, I of the Convention in the Republika of Srpska. Furthermore, it requests the Government to provide detailed information on the measures taken to give effect to all of the provisions of Article 5 of the Convention in the Federation of Bosnia and Herzegovina and in the Brčko District.

Article 6. Observance of the regulations prescribed. The Committee notes from the Government’s report that in the Republika of Srpska, regulations on occupational safety and health are elaborated with the participation of the social partners and representatives of the inspectorate. In the absence of information in this respect, the Committee requests the Government to provide detailed information on the measures taken to give effect to Article 6 of the Convention in the Federation of Bosnia and Herzegovina and in the Brčko District.

Article 7. Statistics on cases of lead poisoning. Application in practice. The Committee notes that in reply to it’s previous comments, the Government reiterates that statistics on occupational diseases caused by lead poisoning are not available in the Federation of Bosnia and Herzegovina and that there were no reported cases of lead poisoning in the Republika of Srpska. The Committee again requests the Government to take all steps necessary to collect and compile statistical data on cases of morbidity and mortality due to lead poisoning and to provide relevant statistics across all three entities. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation and the number and nature of contraventions reported.