Benzene Convention, 1971 (No. 136) - Kuwait (RATIFICATION: 1974)

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Articles 6 and 14 of the Convention. Maximum concentration and measurement of benzene in the air in workplaces. Supervision of the application of the Convention. The Committee notes that the Government provides a special memorandum, prepared on the Convention, which includes information on inspection visits undertaken to workplaces where workers could be exposed to benzene fumes. This memorandum indicates that the Environment Public Authority (EPA) has set the maximum permissible level of airborne benzene in the workplace during an eight-hour working day at 0.1 part per million (ppm) and at 1 ppm for a 40-hour working week, as set out in the implementing regulations of the Act establishing the EPA (Decision No. 210 of 2001). The memorandum also details the results of inspection visits carried out by the EPA in several industries where workers are exposed to benzene. The Committee notes that according to the figures provided, higher maximum limits for exposure appear to have been set in some industries (10 ppm or 50 ppm). It also notes that in a great number of the undertakings inspected, the exposure levels observed largely exceeded the threshold limit value set by the EPA (that is 43 ppm for oil refineries, 180 ppm in fibreglass industries, 210 ppm in print, 224 ppm in woodworking). The Committee therefore requests the Government to take all necessary measures to ensure that the threshold limit values set for all industries producing or using benzene do not exceed the ceiling value of 25 ppm provided in Article 6(2) of the Convention and are applied in practice. It also requests the Government to take all necessary measures to ensure that appropriate monitoring is carried out by labour inspection services and that remedial or corrective actions are taken in response to the numerous infringements reported in the memorandum. Please provide all relevant information in this respect.

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Article 6(3) of the Convention. Measurement of the concentration of benzene. Part IV of the report form. Application in practice. The Committee notes the response provided by the Government concerning the periodical labour inspection visits carried out by the Industrial Environment Department at the Public Authority for the Environment, in workplaces at which workers are exposed to the risks of benzene vapours. The Committee notes, however, that the special memorandum on exposure to benzene and the results of field visits mentioned in the Government’s report have not been received. The Committee requests the Government to provide information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention disaggregated by gender, if possible, and the number and nature of the infringements recorded.

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Article 6(3) of the Convention. Measurement of the concentration of benzene. Part IV of the report form. Application in practice. The Committee notes that it has, on several occasions in previous comments, requested the Government to provide concrete information on how Order No. 210 of 2 October 2001 on executive regulations of Act No. 21/1995 is applied in practice and how compliance with the required limit for exposure to benzene of 0.5 mg/l is maintained in practice. The Committee yet again notes that the Government in its most recent report repeats its reference to the activities of the labour inspection services, without submitting any supporting information on actual labour inspection carried out. 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 urges the Government to indicate the measures taken or envisaged in this regard. The Committee also requests the Government to provide information on the application of the Convention in practice, including extracts from the reports of inspection services and information on the number of employed persons covered by the measures adopted, to give effect to the Convention and on the number and nature of the contraventions reported.

[The Government is asked to reply in detail to the present comments in 2012.]

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Article 6, paragraph 3, of the Convention. Measurement of the concentration of benzene. Part IV of the report form. Application in practice. The Committee notes that it has, on several occasions in previous comments, requested the Government to provide concrete information on how the Order No. 210 of 2 October 2001 on executive regulations of Act No. 21/1995 is applied in practice and how compliance with the required limit for exposure to benzene of 0.5 mg/l is maintained in practice. The Committee notes that the Government, in its most recent report, yet again refers to the activities of the labour inspection services, without any supporting information on actual labour inspections carried out. Recalling that Article 6, paragraph 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 indicate the measures taken or envisaged in this regard. The Committee also requests the Government to provide information on the application of the Convention in practice including extracts from the reports of inspection services, information on the number of employed persons covered by the measures adopted to give effect to the Convention, and on the number and nature of the contraventions reported.

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1. The Committee notes the information contained in the Government’s report. It notes the adoption of Order No. 210 of 2 October 2001 on executive regulations of Act No. 21/1995 amended by Act No. 16/1996 on the establishment of a general body concerning the environment. The Committee notes that the authorized limit for benzene is 0.5 mg/l, as shown in Annex No. 11-3 to the regulations. However, the Committee notes that the report contains no information on the inspection of workplaces, which the Government states for the second consecutive time is carried out by the general environment body through tests at workplaces which determines the degree of exposure to benzene. The Committee requests the Government to provide information in its next report on the abovementioned labour inspections.

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1. The Committee notes with interest the report transmitted by the Government on the inspection activities for the period 1993 to 1994 concerning the working environment carried out by the Department of the Protection of the Environment of the State of Kuwait. It also notes the results of these inspections according to which 46 industrial undertakings in different industrial sectors have been possibly polluted with benzene and, that in some of these undertakings the maximum permissible concentration of benzene vapour, fixed by the State, was exceeded. The Committee finally notes that these undertakings have been requested to take appropriate action in the application of article 4 of Ministerial Order No. 57 of 1982 and Article 8 of the Convention. The Committee accordingly would ask the Government to keep it informed on this subject.

2. The Committee notes the Government's indication to the effect that medical examinations of workers exposed to benzene or products containing benzene have been carried out only in some undertakings due to the lack of human and material resources, but that medical as well as environmental tests of the work environment will be carried out in all undertakings when human and material resources are sufficiently available. However, clinical and biological tests carried out in certain undertakings to detect serious or chronic poisoning due to benzene have shown negative results. In this respect the Committee notes with interest that the General Body for the Environment is currently examining filed tests of the work environment in order to measure the occupational exposure therein. The Committee would request the Government to transmit any results of this study as soon as they are available.

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The Committee notes with interest the information communicated in the Government's latest report with respect to the application of Article 8, paragraph 2, of the Convention.

Point III of the report form. In its previous comments, the Committee noted the indication in the Government's report that some judicial decisions had been rendered which touched upon the application of this Convention, but that due to the particular circumstances with which the country had been faced, it had not then been possible to transmit these decisions. It further noted that the Government had not been able to provide statistical data concerning the application of the Convention. The Government is once again requested to supply the texts of the judicial decisions referred to in its report of 1991, and to provide any information available on the practical application of the Convention, such as extracts from inspection reports and any statistics available.

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The Committee notes the information provided in the Government's latest report. The Committee notes that the Government has not replied to its previous direct request concerning the application of Article 8, paragraph 2, of the Convention. While the Government has referred to Order No. 57 of 1982 concerning the protection of workers against the hazards of poisoning due to benzene, the Committee would note that this Order does not limit the duration of worker exposure to benzene which exceeds, for special reasons, the maximum concentration of benzene in the air to be fixed under Article 6, paragraph 2, and set by the Government in ministerial Decree No. 45 of 1979 at 30 mg/m3. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that the duration of exposure for workers who must, for special reasons, be exposed to concentrations of benzene in the air exceeding the above-mentioned maximum level is limited.

The Committee notes from the Government's report that some judicial decisions have been rendered which touch upon the application of this Convention, but that due to the particular circumstances with which the country had been faced, it was not possible to transmit these decisions at present. It further notes that the Government has not been able to provide statistical data concerning the application of the Convention. The Government is requested to supply, if possible, the texts of the judicial decisions referred to in its next report, in accordance with point III of the report form, and to provide any information available on the practical application of the Convention, such as extracts from inspection reports and any statistics available.

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The Committee has noted the information supplied by the Government in reply to its previous direct request concerning the maximum level of benzene concentration in the air of places of employment fixed in accordance with Article 6, paragraph 2, of the Convention and the means of personal protection provided for in accordance with Article 8.

Article 8, paragraph 2, of the Convention. The Committee would recall that Article 8, paragraph 2 of the Convention requires that when workers are exposed for special reasons to concentrations of benzene in the air which exceed the maximum fixed in accordance with Article 6, paragraph 2, the duration of their exposure shall be limited as far as possible. Please indicate the measures taken or envisaged to give effect to this requirement.