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

Convention (n° 170) sur les produits chimiques, 1990 - Burkina Faso (Ratification: 1997)

Autre commentaire sur C170

Demande directe

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The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB), received on 25 August 2015, and the Government’s reply.

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes that, under section 6 of Decree No. 2011-715/PRES/PM/ MFPTSS of 7 October 2011, the National Advisory Committee on Occupational Safety and Health, a tripartite body, shall decide on the orientation and implementation of the national policy on the prevention of occupational hazards. The Committee further notes that, in its report on the Safety and Health in Agriculture Convention, 2001 (No. 184), the Government indicates that the national occupational safety and health policy is integrated into the national labour policy, in programme No. 4, one of the objectives of which is to prevent occupational hazards, and that the operational action plan of the national labour policy is currently being implemented. The Committee requests the Government to provide detailed information on the specific measures taken or envisaged in the framework of programme No. 4 in relation to safety in the use of chemicals at work, as well as on any progress made in their implementation.

Article 8. Safety data sheets on hazardous chemicals. The Committee notes that, under the terms of sections 8 and 9 of Decree No. 2011-883/PRES/PM/ MFPTSS/MICA/MAH/MEDD of 24 November 2011 on measures for the distribution and use of substances or mixtures for industrial use that are hazardous for workers, any supplier of hazardous substances or mixtures must ensure that safety data sheets are prepared and provided to users, and that they are revised whenever new information on safety and health becomes available. The Committee requests the Government to provide detailed information on the content of the safety data sheets.

Article 16. Cooperation between employers and workers. The Committee notes that, in accordance with Joint Order No. 2008-02/MTSS/MS/SG/DGSST, safety and health committees must be established in enterprises with at least 30 employees in the industrial sector, public works, construction, mining and quarrying, as well as in commercial or administrative establishments with at least 100 employees. These committees are responsible for, inter alia, contributing to the promotion of occupational hazard prevention. The Committee requests the Government to indicate the manner in which cooperation between employers and workers, or their representatives, with respect to safety in the use of chemicals at work, is ensured in establishments where the number of employees does not reach the threshold for the establishment of a safety and health committee.

Information on the application of certain provisions. The Committee notes that the Government’s report does not contain information enabling it to assess the manner in which effect is given to the following Articles: Article 5 (prohibition or restriction of the use of certain hazardous chemicals); Article 6(2) (assessment of the hazardous properties of mixtures composed of two chemicals); Articles 6(3) and 7(3)(2) (account to be taken of international recommendations on the transport of dangerous goods); Article 9(3) (obligation of suppliers to identify and assess chemicals that have not been classified); Article 10(2) and (3) (obligation of employers to ensure that all chemicals are labelled or marked and that only chemicals which are classified and labelled or marked are used); Article 12(c) and (d) (monitoring of the exposure of workers to hazardous chemicals and keeping of the records of the monitoring of the working environment and of exposure); Article 13(1)(a) and (b) (obligation of employers to choose chemicals and technology that eliminate or minimize risks); Article 18(4) (disclosure of the specific identity of an ingredient of a chemical mixture to a competitor); and Article 19 (responsibility of exporting States). The Committee requests the Government to provide detailed information on the relevant legislative or regulatory provisions and any other measures that give effect to these Articles of the Convention.

Application in practice. The Committee notes the observations of the CNTB indicating that, while texts have been adopted concerning safety in the use of chemicals, their monitoring and enforcement in practice are not guaranteed. In its reply, the Government indicates that the enforcement of the texts adopted to give effect to the provisions of the Convention is ensured by several ministerial departments, including those responsible for labour, health, agriculture, the environment, trade and artisanal work. It adds that it is unaware of any violations reported by workers to these services. The Committee requests the Government to provide detailed information on the manner in which the application of the relevant national legislation is monitored and enforced, including extracts from inspection reports and, where such statistics are available, information on the number of workers covered by the legislation, the number and nature of the violations reported, and the number and nature of the occupational accidents and cases of occupational disease reported as being caused by exposure to chemical substances.