Chemicals Convention, 1990 (No. 170) - Burkina Faso (RATIFICATION: 1997)

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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.

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The Committee notes the information submitted including the reference made to section 248 of the revised Labour Code – Act No. 028-2008-AN of 13 May 2008 which according to the Government constitutes an “adequate basis to promote the provisions of the Convention”. The Committee notes that, pursuant to the referenced section 248, the Government is mandated to adopt relevant legislation in areas including those covered by the present Convention. It also notes the statement by the Government that, “the relevant ministries and institutions have started to regulate the area of the use of chemicals”, but that no further details are provided by the Government. With reference to the fact that this Convention was ratified in 1997, and to the comments the Committee has made since the Government’s first report in 2001, the Committee urges the Government to seek technical assistance on measures to be taken to ensure an improved application of the Convention. The Committee requests the Government to submit a detailed report on the basis of Parts I–VII of the report form, including details regarding the provisions of relevant laws and regulations etc. or other measures, which give effect to each Article of the Convention.

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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:

Repetition

The Committee notes the Government’s report in reply to its previous comments, including information regarding Decree No. 451/PRES promulgating Act No. 033-2004/AN of 14 September 2004 concerning the Labour Code. It also notes the legislative and regulatory texts attached to each report concerning, in particular, regulations on pesticides, pollutants in the air, water and soil, oil storage facilities, and also the ratification by the Government of the Stockholm Convention on the persistent organic pollutants (POPs) and the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. The Committee notes that the scope of the legislative text to which the Government refers only partially covers the scope of the Convention.

While recognizing that Burkina Faso is a largely agricultural country in which the necessary infrastructure and competence to ensure rational management of chemicals, as provided for in the Convention, are in the process of being developed, the Committee cannot fail to note that there are still gaps in the applicable regulations. It reminds the Government that this Convention necessitates the adoption of laws, regulations, technical standards, practical directives and other documents and measures applying the provisions of this Convention. Relevant legislative texts must be concerned with chemicals as a whole and not limited only to pesticides. The Committee requests the Government to implement, in the very near future, appropriate national legislation giving full effect to the provisions of the Convention, and draws the Government’s attention to the possibility of availing itself of technical assistance provided by the ILO with a view to implementing the necessary legislative measures regarding safety in the use of chemicals at work.

CMNT_TITLE

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 report in reply to its previous comments, including information regarding Decree No. 451/PRES promulgating Act No. 033-2004/AN of 14 September 2004 concerning the Labour Code. It also notes the legislative and regulatory texts attached to each report concerning, in particular, regulations on pesticides, pollutants in the air, water and soil, oil storage facilities, and also the ratification by the Government of the Stockholm Convention on the persistent organic pollutants (POPs) and the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. The Committee notes that the scope of the legislative text to which the Government refers only partially covers the scope of the Convention.

While recognizing that Burkina Faso is a largely agricultural country in which the necessary infrastructure and competence to ensure rational management of chemicals, as provided for in the Convention, are in the process of being developed, the Committee cannot fail to note that there are still gaps in the applicable regulations. It reminds the Government that this Convention necessitates the adoption of laws, regulations, technical standards, practical directives and other documents and measures applying the provisions of this Convention. Relevant legislative texts must be concerned with chemicals as a whole and not limited only to pesticides. The Committee requests the Government to implement, in the very near future, appropriate national legislation giving full effect to the provisions of the Convention, and draws the Government’s attention to the possibility of availing itself of technical assistance provided by the ILO with a view to implementing the necessary legislative measures regarding safety in the use of chemicals at work.

CMNT_TITLE

The Committee notes the Government’s report in reply to its previous comments, including information regarding Decree No. 451/PRES promulgating Act No. 033-2004/AN of 14 September 2004 concerning the Labour Code. It also notes the legislative and regulatory texts attached to each report concerning, in particular, regulations on pesticides, pollutants in the air, water and soil, oil storage facilities, and also the ratification by the Government of the Stockholm Convention on the persistent organic pollutants (POPs) and the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. The Committee notes that the scope of the legislative text to which the Government refers only partially covers the scope of the Convention.

While recognizing that Burkina Faso is a largely agricultural country in which the necessary infrastructure and competence to ensure rational management of chemicals, as provided for in the Convention, are in the process of being developed, the Committee cannot fail to note that there are still gaps in the applicable regulations. It reminds the Government that this Convention necessitates the adoption of laws, regulations, technical standards, practical directives and other documents and measures applying the provisions of this Convention. Relevant legislative texts must be concerned with chemicals as a whole and not limited only to pesticides. The Committee requests the Government to implement, in the very near future, appropriate national legislation giving full effect to the provisions of the Convention, and draws the Government’s attention to the possibility of availing itself of technical assistance provided by the ILO with a view to implementing the necessary legislative measures regarding safety in the use of chemicals at work.

CMNT_TITLE

The Committee notes with regret 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 that the laws and regulations which, according to the Government’s report, give effect to the provisions of the Convention, were not attached to the report. The Committee requests the Government to provide the International Labour Office with copies of the following texts:

–      Ordinance No. 0431 of 8 March 1975 issuing conditions relating to the location of oil storage facilities;

–      Ordinance No. 91-069 of 25 November 1991 respecting the general system for imports and exports and its implementing Decree No. 94-014 of 25 November 1991;

–      Act No. 19-93 of 21 May 1997 prohibiting the import of dangerous wastes and controlling their movement in Africa;

–      Decision No. 93-007 of 8 January 1993 issuing the procedures for controlling aerosol insecticides through the use of samples;

–      common regulations on the approval of pesticides for the States members of the CILSS; and

–      approval for the sale, free distribution, provision of services and utilization of pesticides.

The Committee also notes the information that, as the review of the Labour Code is still under way, the revision of Order No. 539/ITLS/HV of 29 July 1954 has not yet come into effect and that the Committee will be informed when the above text is revised. The Committee requests the Government to provide the International Labour Office with a copy of any revised text that is adopted.

While awaiting these texts, the Committee observes, based on the texts at its disposal, that the measures adopted focus more on regulating chemicals with regard to the effects that they can or could have outside the enterprise rather than regulating the use of these chemicals in the economic branches in which they are utilized.

The Committee notes the Government’s statement that Burkino Faso is a developing country, dedicated for the most part to agriculture, which does not have adequate infrastructure or sufficient skills to ensure the rational management of chemicals. The Committee therefore recognizes that there is not an adequate infrastructure for the elimination and destruction of chemical products.

It notes the development of a national profile to evaluate national capacities for the management of chemicals based on an inventory of infrastructures, the identification of strengths, gaps and weaknesses with a view to identifying the principal areas and aspects requiring additional effort from the Government. It notes that the acceptance by the country of the various international instruments is intended to ensure its protection against the various hazards related to chemicals. However, the Committee reminds the Government that, while the content of ILO Conventions may serve as a guide for the adoption of national regulations, the provisions contained in Conventions are not directly applicable and require the adoption of internal laws, regulations, technical standards, practical directives and other documents and measures for their application. In this respect, the Committee draws the Government’s attention to the existence of a code of practice developed as an ILO contribution to the UNEP/ILO/WHO International Programme on Chemical Safety, entitled Safety in the use of chemicals at work: An ILO code of practice. This code of practice could be useful in assisting the Government to develop a coherent policy and a systematic approach to safety in the use of chemicals at work.

Analysis of the report provided by the Government shows major gaps in the applicable regulations. In this respect, the Committee notes that there are no provisions giving effect to Articles 7, 8, 9, 11, 12, 13, 15, 16 and 18 of the Convention.

The Committee requests the Government to provide information on the effect given to the following Articles:

Article 1 of the Convention. Scope of the Convention.

Article 2. Definition of terms.

Article 3. Consultation of the most representative organizations of employers and workers.

Article 4. Formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work in consultation with the organizations of employers and workers.

Article 5. Prohibition or restriction, or advance notification and authorization by the competent authority of the use of chemicals.

Article 6. Classification systems and criteria for chemicals according to the type and degree of their intrinsic health and physical hazards.

Article 7. Labelling and marking of chemicals for their identification.

Article 8. Chemical safety data sheets for hazardous chemicals.

Article 9. Responsibilities of suppliers.

Article 10. Responsibilities of employers in the identification of chemicals and the maintenance of a record of hazardous chemicals.

Article 11. Responsibility of employers in relation to the transfer of chemicals.

Article 12. Responsibility of employers in relation to the exposure of workers to chemicals.

Article 13. Responsibility of employers for operational control (assessment of risks and protection of workers, first aid and emergency arrangements).

Article 14. Disposal of hazardous chemicals and their containers which have been emptied.

Article 15. Responsibility of employers in relation to the information and training of workers.

Article 16. Cooperation of employers with workers or their representatives with respect to safety in the use of chemicals at work.

Article 17. Duties of workers to cooperate with employers and comply with rules relating to safety in the use of chemicals.

Article 18. Rights of workers and their representatives in the event of imminent and serious risk, right to information on the identity of chemicals used.

Article 19. Responsibility of exporting States.

CMNT_TITLE

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 reports provided by the Government. It notes that the laws and regulations which, according to the Government’s report, give effect to the provisions of the Convention, were not attached to the report. The Committee requests the Government to provide the International Labour Office with copies of the following texts:

-  Ordinance No. 0431 of 8 March 1975 issuing conditions relating to the location of oil storage facilities;

-  Ordinance No. 91-069 of 25 November 1991 respecting the general system for imports and exports and its implementing Decree No. 94-014 of 25 November 1991;

-  Act No. 19-93 of 21 May 1997 prohibiting the import of dangerous wastes and controlling their movement in Africa;

-  Decision No. 93-007 of 8 January 1993 issuing the procedures for controlling aerosol insecticides through the use of samples;

-  common regulations on the approval of pesticides for the States members of the CILSS;

-  approval for the sale, free distribution, provision of services and utilization of pesticides.

The Committee also notes the information that, as the review of the Labour Code is still under way, the revision of Order No. 539/ITLS/HV of 29 July 1954 has not yet come into effect and that the Committee will be informed when the above text is revised. The Committee requests the Government to provide the International Labour Office with a copy of any revised text that is adopted.

While awaiting these texts, the Committee observes, based on the texts at its disposal, that the measures adopted focus more on regulating chemicals with regard to the effects that they can or could have outside the enterprise rather than regulating the use of these chemicals in the economic branches in which they are utilized.

The Committee notes the Government’s statement that Burkino Faso is a developing country, dedicated for the most part to agriculture, which does not have adequate infrastructure or sufficient skills to ensure the rational management of chemicals. The Committee therefore recognizes that there is not an adequate infrastructure for the elimination and destruction of chemical products.

It notes the development of a national profile to evaluate national capacities for the management of chemicals based on an inventory of infrastructures, the identification of strengths, gaps and weaknesses with a view to identifying the principal areas and aspects requiring additional effort from the Government. It notes that the acceptance by the country of the various international instruments is intended to ensure its protection against the various hazards related to chemicals. However, the Committee reminds the Government that, while the content of ILO Conventions may serve as a guide for the adoption of national regulations, the provisions contained in Conventions are not directly applicable and require the adoption of internal laws, regulations, technical standards, practical directives and other documents and measures for their application. In this respect, the Committee draws the Government’s attention to the existence of a code of practice developed as an ILO contribution to the UNEP/ILO/WHO International Programme on Chemical Safety, entitled Safety in the use of chemicals at work: An ILO code of practice. This code of practice could be useful in assisting the Government to develop a coherent policy and a systematic approach to safety in the use of chemicals at work.

Analysis of the report provided by the Government shows major gaps in the applicable regulations. In this respect, the Committee notes that there are no provisions giving effect to Articles 7, 8, 9, 11, 12, 13, 15, 16 and 18 of the Convention.

The Committee requests the Government to provide information on the effect given to the following Articles:

Article 1 of the Convention. Scope of the Convention.

Article 2. Definition of terms.

Article 3. Consultation of the most representative organizations of employers and workers.

Article 4. Formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work in consultation with the organizations of employers and workers.

Article 5. Prohibition or restriction, or advance notification and authorization by the competent authority of the use of chemicals.

Article 6. Classification systems and criteria for chemicals according to the type and degree of their intrinsic health and physical hazards.

Article 7. Labelling and marking of chemicals for their identification.

Article 8. Chemical safety data sheets for hazardous chemicals.

Article 9. Responsibilities of suppliers.

Article 10. Responsibilities of employers in the identification of chemicals and the maintenance of a record of hazardous chemicals.

Article 11. Responsibility of employers in relation to the transfer of chemicals.

Article 12. Responsibility of employers in relation to the exposure of workers to chemicals.

Article 13. Responsibility of employers for operational control (assessment of risks and protection of workers, first aid and emergency arrangements).

Article 14. Disposal of hazardous chemicals and their containers which have been emptied.

Article 15. Responsibility of employers in relation to the information and training of workers.

Article 16. Cooperation of employers with workers or their representatives with respect to safety in the use of chemicals at work.

Article 17. Duties of workers to cooperate with employers and comply with rules relating to safety in the use of chemicals.

Article 18. Rights of workers and their representatives in the event of imminent and serious risk, right to information on the identity of chemicals used.

Article 19. Responsibility of exporting States.

CMNT_TITLE

The Committee notes the reports provided by the Government. It notes that the laws and regulations which, according to the Government’s report, give effect to the provisions of the Convention, were not attached to the report. The Committee requests the Government to provide the International Labour Office with copies of the following texts:

­-  Ordinance No. 0431 of 8 March 1975 issuing conditions relating to the location of oil storage facilities;

-  Ordinance No. 91-069 of 25 November 1991 respecting the general system for imports and exports and its implementing Decree No. 94-014 of 25 November 1991;

-  Act No. 19-93 of 21 May 1997 prohibiting the import of dangerous wastes and controlling their movement in Africa;

-  Decision No. 93-007 of 8 January 1993 issuing the procedures for controlling aerosol insecticides through the use of samples;

-  common regulations on the approval of pesticides for the States members of the CILSS;

-  approval for the sale, free distribution, provision of services and utilization of pesticides.

The Committee also notes the information that, as the review of the Labour Code is still under way, the revision of Order No. 539/ITLS/HV of 29 July 1954 has not yet come into effect and that the Committee will be informed when the above text is revised. The Committee requests the Government to provide the International Labour Office with a copy of any revised text that is adopted.

While awaiting these texts, the Committee observes, based on the texts at its disposal, that the measures adopted focus more on regulating chemicals with regard to the effects that they can or could have outside the enterprise rather than regulating the use of these chemicals in the economic branches in which they are utilized.

The Committee notes the Government’s statement that Burkino Faso is a developing country, dedicated for the most part to agriculture, which does not have adequate infrastructure or sufficient skills to ensure the rational management of chemicals. The Committee therefore recognizes that there is not an adequate infrastructure for the elimination and destruction of chemical products.

It notes the development of a national profile to evaluate national capacities for the management of chemicals based on an inventory of infrastructures, the identification of strengths, gaps and weaknesses with a view to identifying the principal areas and aspects requiring additional effort from the Government. It notes that the acceptance by the country of the various international instruments is intended to ensure its protection against the various hazards related to chemicals. However, the Committee reminds the Government that, while the content of ILO Conventions may serve as a guide for the adoption of national regulations, the provisions contained in Conventions are not directly applicable and require the adoption of internal laws, regulations, technical standards, practical directives and other documents and measures for their application. In this respect, the Committee draws the Government’s attention to the existence of a code of practice developed as an ILO contribution to the UNEP/ILO/WHO International Programme on Chemical Safety, entitled Safety in the use of chemicals at work: An ILO code of practice. This code of practice could be useful in assisting the Government to develop a coherent policy and a systematic approach to safety in the use of chemicals at work.

Analysis of the report provided by the Government shows major gaps in the applicable regulations. In this respect, the Committee notes that there are no provisions giving effect to Articles 7, 8, 9, 11, 12, 13, 15, 16 and 18 of the Convention.

The Committee requests the Government to provide information on the effect given to the following Articles:

Article 1 of the Convention. Scope of the Convention.

Article 2. Definition of terms.

Article 3. Consultation of the most representative organizations of employers and workers.

Article 4. Formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work in consultation with the organizations of employers and workers.

Article 5. Prohibition or restriction, or advance notification and authorization by the competent authority of the use of chemicals.

Article 6. Classification systems and criteria for chemicals according to the type and degree of their intrinsic health and physical hazards.

Article 7. Labelling and marking of chemicals for their identification.

Article 8. Chemical safety data sheets for hazardous chemicals.

Article 9. Responsibilities of suppliers.

Article 10. Responsibilities of employers in the identification of chemicals and the maintenance of a record of hazardous chemicals.

Article 11. Responsibility of employers in relation to the transfer of chemicals.

Article 12. Responsibility of employers in relation to the exposure of workers to chemicals.

Article 13. Responsibility of employers for operational control (assessment of risks and protection of workers, first aid and emergency arrangements).

Article 14. Disposal of hazardous chemicals and their containers which have been emptied.

Article 15. Responsibility of employers in relation to the information and training of workers.

Article 16. Cooperation of employers with workers or their representatives with respect to safety in the use of chemicals at work.

Article 17. Duties of workers to cooperate with employers and comply with rules relating to safety in the use of chemicals.

Article 18. Rights of workers and their representatives in the event of imminent and serious risk, right to information on the identity of chemicals used.

Article 19. Responsibility of exporting States.