In order to provide an overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167(safety and health in construction) together.

With regard to its previous comments on inspection services relating to the application of the aforementioned Conventions, the Committee refers to its detailed comments adopted in 2018 on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Benzene Convention, 1971 (No. 136)

The Committee notes that the general OSH regulations referred to by the Government give effect to Article 11 of the Convention (relating to pregnant women, nursing mothers and young persons under 18 years of age).

Article 2. Substitution. Noting an absence of information on this subject, the Committee requests the Government to provide further information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With regard to the Committee’s previous comments, the Government indicates that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor (USDOL). In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to benzene, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the setting of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; and (b) measuring the concentration of benzene in the air of places of employment.

The Committee requests the Government to provide information on measures taken or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; (b) where workers are exposed to benzene or to products containing benzene, the employer ensures that the concentration of benzene in the air of places of employment does not exceed a maximum fixed by the competent authority; and (c) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7. Enclosed systems. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

The Committee notes that the general OSH regulations referred to by the Government give effect to the following provisions of the Convention: Article 6(1) and (3) (responsibilities of employers); Article 7 (workers’ compliance with instructions); Article 8 (cooperation between employers and workers); Article 13 (notification by employers); Article 14 (labelling); Article 18 (personal protective equipment and clothing); Article 19 (disposal of waste); Article 20 (measurement of concentrations of asbestos dust); Article 21(1) and (2) (medical examinations); Article 21(5) (notification system); and Article 22 (information and education).

Article 15 of the Convention. Exposure limits. The Committee notes the Government’s indication that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the OSHA of the USDOL. In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to asbestos, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the application of Article 15(2), (3) and (4) of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; (c) reduce exposure to as low a level as is reasonably practicable; and (d) periodically review and update exposure limits. The Committee also requests the Government to provide information on the measures taken in relation to respiratory protective equipment and special protective clothing as provided for in Article 15(4).

Article 17. Demolition of plants or structures. The Committee notes that section 6(3) of Technical Standard 006/17 (Demolition) provides that when in the framework of demolition activities, “the existence of materials containing asbestos fibres is known or detected during the demolition work itself, the appropriate procedures established by national or foreign minimum OSH provisions applicable to work involving the risk of exposure to asbestos must be followed”. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the work provided for in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; (b) the employer or contractor is required before starting demolition work to draw up a work plan specifying the measures to be taken; and (c) the workers or their representatives are consulted on the work plan, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; (b) the workers concerned, their representatives and the inspection services have access to these records; (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

Article 21(3) and (4). Information on medical examinations. Other means of income when assignment to work involving exposure to asbestos is inadvisable. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4).

B. Protection in certain branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor. The Committee notes that section 13 of the Regulations implementing Act No. 545 on safety in construction (DS 2936) provides that the contractor shall nominate an occupational safety officer who shall provide training in OSH and risk prevention and be duly registered at the Ministry of Labour, Employment and Social Welfare. However, the Government has not provided any information on the authority and means to be conferred on the occupational safety officer to ensure coordination and application of the envisaged measures on behalf of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, he/she nominates a competent person or body at the site with the authority and means necessary to ensure on his/her behalf coordination and compliance with the measures, in accordance with Article 8(b) of the Convention.

Article 12. Situation of imminent and serious danger to the safety of workers. The Committee notes that section 11(a) of DS 2936 prohibits contractors from obliging their workers to carry out activities in environments containing physical, biological, chemical, mechanical or ergonomic risks, until such time as the necessary control measures are adopted. However, the Government has not supplied any information on the employer’s obligation to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent danger to their safety. The Committee requests the Government to provide information on the obligation of the employer regarding a situation of imminent and serious danger to the safety of workers, in accordance with Article 12(2) of the Convention.

Article 22. Structural frames and formwork. The Committee notes that section 95 of DS 2936 establishes precautions and instructions regarding the erection of structural frames and components, formwork, falsework and shoring. However, the Regulations do not mention the obligation of carrying out such work under the supervision of a competent person. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the erection of structural frames and formwork is carried out only under the supervision of a competent person.

Article 23. Work over water. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where work is done over or in close proximity to water there is adequate provision for: (a) preventing workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. The Committee notes that DS 2936 establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the rules to be observed for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Government has not indicated whether the competent person must take the necessary steps to prevent any risk of injury to workers and other persons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2019.]

Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 136) sur le benzène, 1971 (Ratification: 1977)Convention (n° 162) sur l'amiante, 1986 (Ratification: 1990)Convention (n° 167) sur la sécurité et la santé dans la construction, 1988 (Ratification: 2015)

Autre commentaire sur C136

Observation

Demande directe

Other comments on C162

Observation

Demande directe

Other comments on C167

Observation

Demande directe

Benzene Convention, 1971 (No. 136)

Asbestos Convention, 1986 (No. 162)

B. Protection in certain branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Convention (n° 136) sur le benzène, 1971 (Ratification: 1977)
Convention (n° 162) sur l'amiante, 1986 (Ratification: 1990)
Convention (n° 167) sur la sécurité et la santé dans la construction, 1988 (Ratification: 2015)