Benzene Convention, 1971 (No. 136) - Iraq (RATIFICATION: 1972)

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The Committee notes the information provided by the Government in its report in reply to its previous request concerning Article 8(2) of the Convention on the compulsory use of personal protective equipment against the risk of inhaling benzene vapour and Article 9(1)(b) on periodic medical re-examinations.

Article 6(3) of the Convention. Measurement of the concentration of benzene. The Committee notes that pursuant to section 6 of Instruction No. 6 of 1993 on benzene risks, the administration or the employer in any economic activity shall seek the assistance of the National Centre for Occupational Safety and Health when applying its instructions on the manner in which the concentration of benzene in the air of places of employment shall be measured. Recalling that Article 6(3) of the Convention requires the competent authority to issue directions on carrying out the measurement of the concentration of benzene in the workplace, the Committee requests the Government to provide information on any directions issued in this regard.

Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene. The Committee notes that according to section 12 of Instruction No. 6 of 1993, danger symbols shall be clearly visible on containers holding benzene or products containing benzene. The Committee requests the Government to indicate how it is ensured that containers holding benzene, or products containing benzene, are labelled as containing benzene, in conformity with Article 12 of the Convention.

Articles 13 and 14. Proper instructions on measures to safeguard health and prevent accidents and on appropriate action to take in the event of poisoning. Responsibility for compliance with the Convention and appropriate inspection. The Committee notes the absence of information in the Government’s report on this subject. Therefore, the Committee once again requests the Government to provide information on how it ensures that workers exposed to benzene, or products containing benzene, receive appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning. The Committee further requests the Government to indicate the person or persons on whom the obligation of compliance with the provisions of this Convention rests and whether appropriate inspection services exist to supervise its application.

Application in practice. With reference to its previous comments, the Committee notes the information provided by the Government on the functions and strategy of the Occupational Cancer Council. However, it notes the Government’s statement that it does not have information concerning the application in practice of the Convention. The Committee requests the Government to provide, when available, information concerning the application of the Convention in practice, particularly on the number of workers exposed to benzene or products containing benzene, and on the number and nature of contraventions and cases of occupational diseases reported.

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The Committee notes the reference made to a strategic plan including the setting up of a medical centre for occupational diseases and the acquisition, with the assistance of the World Health Organization, of equipment including portable measurements units enabling workplace measurement of hazardous substances and equipment to carry out on-site biological and physiological tests.

Articles 6(3), 8(2), 9(1)(b), 10, 12, 13 and 14 of the Convention. With reference to its previous comments on the application of these Articles, the Committee notes that the Government again refers to Instructions No. 6 of 1993, and that no further information is provided regarding effect given to these Articles of the Convention. However, there is insufficient information in Instruction No. 6 for the Committee to be able to determine whether this instruction gives effect to the above provisions of the Convention. Therefore, the Committee again requests the Government to provide further information, in its next report, on measures undertaken or envisaged to give further effect to these provisions of the Convention.

Part IV of the report form. Practical application. The Committee notes the information that a representative of the Ministry of Labour has been designated as a liaison officer in the Occupational Cancer Council to record and to follow up on cases of cancer. The Committee requests the Government to provide further information in this respect and to include information on the functions of the Occupational Cancer Council. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country. Please attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

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The Committee notes the information provided by the Government on Instruction No. 6 of 1993 (O.G. No. 3488) concerning risks of benzene, which gives effect to a number of Articles of the Convention. The Committee requests the Government to provide further information, in its next report, on measures undertaken or envisaged to give effect to the following provisions of the Convention:

Article 6(3) of the Convention on the directions issued by the competent authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 8(2) on whether the exposure of a worker to concentrations of benzene in the air of places of employment, which exceed the maximum provided for in section 5 of Instruction No. 6 of 1993, shall be limited as far as possible.

Article 9(b) on whether the periodic medical re-examinations, specified in section 9(2), include biological tests.

Article 10 on whether qualified physicians, specified in section 9(3) of Instruction No. 6 of 1993, are approved by the competent authority, and measures to ensure workers are not involved in any expense.

Article 12 on whether containers holding benzene, or products containing benzene, are labelled as containing “benzene”.

Article 13 on measures to ensure that any worker exposed to benzene, or products containing benzene, receive appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

Article 14 on who is responsible for compliance with the provisions of this Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

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The Committee notes the Government’s indication that Ministerial Instruction No. 6 of 1993 (O.G. No. 3488) concerning the hazards of benzene meets the requirements of the Convention. Unfortunately, this text has not been available to the Committee. The Committee requests the Government to submit a copy of the referenced legislation to enable an evaluation of how the Convention is applied in the country. The Committee also requests the Government to provide information on the practical application of the Convention in the country, including any available statistics.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s indication that appropriate measures will be taken with a view to the amendment of Directive No. 2 of 1978 respecting protection against the risk of poisoning due to benzene to give full effect to Article 4, paragraph 2, of the Convention. The Committee recalls that the Government has been stating its intention since 1991 to amend the above Directive. It therefore hopes that the Government will take the necessary measures in the very near future to amend the above Directive and thereby give adequate effect to the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s indication that appropriate measures will be taken with a view to the amendment of Directive No. 2 of 1978 respecting protection against the risk of poisoning due to benzene to give full effect to Article 4, paragraph 2, of the Convention. The Committee recalls that the Government has been stating its intention since 1991 to amend the above Directive. It therefore hopes that the Government will take the necessary measures in the very near future to amend the above Directive and thereby give adequate effect to the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s indication that appropriate measures will be taken with a view to the amendment of Directive No. 2 of 1978 respecting protection against the risk of poisoning due to benzene to give full effect to Article 4, paragraph 2, of the Convention. The Committee recalls that the Government has been stating its intention since 1991 to amend the above Directive. It therefore hopes that the Government will take the necessary measures in the very near future to amend the above Directive and thereby give adequate effect to the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

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The Committee notes the Government's indication that appropriate measures will be taken with a view to the amendment of Directive No. 2 of 1978 respecting protection against the risk of poisoning due to benzene to give full effect to Article 4, paragraph 2, of the Convention. The Committee recalls that the Government has been stating its intention since 1991 to amend the above Directive. It therefore hopes that the Government will take the necessary measures in the very near future to amend the above Directive and thereby give adequate effect to the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its previous direct request. The Committee has noted that sections 4 and 5 of the Directives concerning the protection against the risks of poisoning due to benzene, 1978, provide that, if the use of benzene or products containing benzene in industrial work processes is indispensable, the operations must take place in an enclosed system; if it is impossible to use an enclosed system, the workplace must be equipped with effective measures for clearing the benzene vapours from the air in order that the concentration of benzene in the air not exceed 25 parts per million. The Government has indicated that these sections naturally cover the use of benzene as a solvent or diluent as well.

The Committee would recall that Article 4, paragraph 2, of the Convention calls for the prohibition of the use of 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. Article 6, paragraph 2 which sets a maximum concentration of benzene vapour in the air at 25 parts per million concerns benzene or products containing benzene in general. The use of benzene as a solvent or diluent is particularly dangerous and it is for this reason that, in a separate Article of the Convention, such use is to be prohibited except where the process is carried out in an enclosed system or where another method of work is used which is as safe as using an enclosed system. Section 5 of the above-mentioned Directives would, therefore, not ensure the measure of safety required by Article 4, paragraph 2.

The Committee notes with interest the Government's indication that it will take the necessary measures with a view towards amending the Directives in order to ensure a more precise formulation in conformity with Article 4, paragraph 2, of the Convention. The Committee hopes that the Government will take the above into account when making this amendment and requests the Government to provide information on the progress made in this regard in its next report.

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The Committee notes the information provided by the Government in reply to its previous direct request. The Committee has noted that sections 4 and 5 of the Directives concerning the protection against the risks of poisoning due to benzene, 1978, provide that, if the use of benzene or products containing benzene in industrial work processes is indispensable, the operations must take place in an enclosed system; if it is impossible to use an enclosed system, the workplace must be equipped with effective measures for clearing the benzene vapours from the air in order that the concentration of benzene in the air not exceed 25 parts per million. The Government has indicated that these sections naturally cover the use of benzene as a solvent or diluent as well.

The Committee would recall that Article 4, paragraph 2, of the Convention calls for the prohibition of the use of 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. Article 6, paragraph 2 which sets a maximum concentration of benzene vapour in the air at 25 parts per million concerns benzene or products containing benzene in general. The use of benzene as a solvent or diluent is particularly dangerous and it is for this reason that, in a separate Article of the Convention, such use is to be prohibited except where the process is carried out in an enclosed system or where another method of work is used which is as safe as using an enclosed system. Section 5 of the above-mentioned Directives would, therefore, not ensure the measure of safety required by Article 4, paragraph 2.

The Committee notes with interest the Government's indication that it will take the necessary measures with a view towards amending the Directives in order to ensure a more precise formulation in conformity with Article 4, paragraph 2, of the Convention. The Committee hopes that the Government will take the above into account when making this amendment and requests the Government to provide information on the progress made in this regard in its next report.

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In its previous comments, the Committee drew the Government's attention to the fact that the 1978 directives concerning protection against the risks of benzene poisoning contain no provision formally prohibiting the use of benzene and products containing benzene such as solvents, or diluents - except where the process is carried out in an enclosed system or where there are other equally safe methods of work - as prescribed in Article 4, paragraph 2, of the Convention. The Committee considered that the provisions of sections 5 and 8 of the above directives did not give full effect to the above Article of the Convention and requested the Government to take the necessary measures to ensure the application of the Convention on this point.

The Committee notes with regret that, for the second time in succession, the Government's report contains no reply to the above comments. It therefore reiterates the hope that the next report will contain information on the measures adopted in this connection.