Radiation Protection Convention, 1960 (No. 115) - Lebanon (RATIFICATION: 1977)

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A.Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide informationon the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 ofDecree No. 11802,indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures.Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records.Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibres. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibres and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available.The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committeenotes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary workrelated organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration.The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment.The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards.The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health.The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers.The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use.However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work.The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred.The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year.With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year.The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 of Decree No. 11802, indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibers. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibers and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available. The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committee notes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary work related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment. The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. . However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), 120 (hygiene (commerce and offices)), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 of Decree No. 11802, indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibers. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibers and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available. The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committee notes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary work related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment. The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. . However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

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Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

The Committee is raising other matters in a request addressed directly to the Government.

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General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, including the request for information contained in paragraph 30 thereof.

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 6(1), 7(1)–(2) and 8 of the Convention. Permissible doses for various categories of workers. With reference to its previous comment, the Committee notes the information that Decree No. 700 of 1999 has not yet been revised and that discussions are still ongoing in order to ensure greater conformity between its provisions and ratified labour Conventions, including this Convention. The Committee reiterates its requests to the Government to provide information with its next report on whether Decree No. 700 of 1999 has been revised; whether limits have been set for workers under the age of 18 years involved in ionizing radiation work; whether there is a general prohibition to engage workers under the age of 16 in such work; and to provide information on measures taken to develop rules applicable to pregnant women. The Committee also requests the Government to provide copies of any applicable legislation.

Article 9(2). Training and information. The Committee notes the information that the Government set up a committee on 30 June 2009 for the consideration of, inter alia, international labour Conventions with the mandate to, inter alia, take measures to ensure compliance with the present provision, namely the “training and information of workers exposed to ionozing radiation.” The Committee reiterates its request to the Government to provide information regarding the issuance of rules ensuring the full application of Article 9(2) of the Convention and to transmit copies of relevant legislation, once it has been adopted.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the indication that the Government does not dispose of information with respect to provisions requiring employers to take remedial action based on technical findings and medical advice. The Committee urges the Government to take relevant measures, in law and in practice, to ensure compliance with this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes the information that neither the Social Security Act nor other related regulations have ever addressed workers’ income insurance or maintenance. The Committee also notes that, according to the 2009 report of the Prevention and Safety Inspectorate, enterprises whose activities involve exposure to ionizing radiation work are limited to health-care establishments, which keep records on the extent and amount of exposure to ionizing radiation work and that, should the amount of exposure exceed the prescribed level, the workers concerned should be transferred to another radiation-free job. The Committee requests the Government to provide further information on whether the provision of alternative employment as indicated is legally regulated and whether other measures are offered for workers to maintain their income where their continued assignment to work involving exposure is medically inadvisable. It also requests the Government to provide information regarding the practical application of the provision of alternative employment to workers where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

Article 15. Labour inspection. Application in practice. The Committee notes that the Government indicates that it does not dispose of information regarding the application of the Convention in practice. The Committee would like to draw the Government’s attention to the obligation in Article 15 which requires the Government to provide appropriate inspection for the purposes of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out. It therefore reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, the number and nature of contraventions reported, the number and cause of accidents recorded, and the measures taken to remedy them, and the individual protective equipment allocated to workers, such as dosimeters.

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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 comments.

Repetition

Articles 6(1), 7(1)–(2) and 8 of the Convention. Permissible doses for various categories of workers. With reference to its previous comment, the Committee notes the information that Decree No. 700 of 1999 has not yet been revised and that discussions are still ongoing in order to ensure greater conformity between its provisions and ratified labour Conventions, including this Convention. The Committee reiterates its requests to the Government to provide information with its next report on whether Decree No. 700 of 1999 has been revised; whether limits have been set for workers under the age of 18 years involved in ionizing radiation work; whether there is a general prohibition to engage workers under the age of 16 in such work; and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP), to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

Article 9(2). Training and information. The Committee notes the information that the Government set up a committee on 30 June 2009 for the consideration of, inter alia, international labour Conventions with the mandate to, inter alia, take measures to ensure compliance with the present provision, namely the “training and information of workers exposed to ionozing radiation.” The Committee reiterates its request to the Government to provide information regarding the issuance of rules ensuring the full application of Article 9(2) of the Convention and to transmit copies of relevant legislation, once it has been adopted.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the indication that the Government does not dispose of information with respect to provisions requiring employers to take remedial action based on technical findings and medical advice. The Committee urges the Government to take relevant measures, in law and in practice, to ensure compliance with this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes the information that neither the Social Security Act nor other related regulations have ever addressed workers’ income insurance or maintenance. The Committee also notes that, according to the 2009 report of the Prevention and Safety Inspectorate, enterprises whose activities involve exposure to ionizing radiation work are limited to health-care establishments, which keep records on the extent and amount of exposure to ionizing radiation work and that, should the amount of exposure exceed the prescribed level, the workers concerned should be transferred to another radiation-free job. The Committee requests the Government to provide further information on whether the provision of alternative employment as indicated is legally regulated and whether other measures are offered for workers to maintain their income where their continued assignment to work involving exposure is medically inadvisable. It also requests the Government to provide information regarding the practical application of the provision of alternative employment to workers where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

Part V of the report form. Application in practice. Article 15. Labour inspection. The Committee notes that the Government indicates that it does not dispose of information regarding the application of the Convention in practice. The Committee would like to draw the Government’s attention to the obligation in Article 15 which requires the Government to provide appropriate inspection for the purposes of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out. It therefore reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, the number and nature of contraventions reported, the number and cause of accidents recorded, and the measures taken to remedy them, and the individual protective equipment allocated to workers, such as dosimeters.

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Articles 6(1), 7(1)–(2) and 8 of the Convention. Permissible doses for various categories of workers. With reference to its previous comment, the Committee notes the information that Decree No. 700 of 1999 has not yet been revised and that discussions are still ongoing in order to ensure greater conformity between its provisions and ratified labour Conventions, including this Convention. The Committee reiterates its requests to the Government to provide information with its next report on whether Decree No. 700 of 1999 has been revised; whether limits have been set for workers under the age of 18 years involved in ionizing radiation work; whether there is a general prohibition to engage workers under the age of 16 in such work; and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP), to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

Article 9(2). Training and information. The Committee notes the information that the Government set up a committee on 30 June 2009 for the consideration of, inter alia, international labour Conventions with the mandate to, inter alia, take measures to ensure compliance with the present provision, namely the “training and information of workers exposed to ionozing radiation.” The Committee reiterates its request to the Government to provide information regarding the issuance of rules ensuring the full application of Article 9(2) of the Convention and to transmit copies of relevant legislation, once it has been adopted.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the indication that the Government does not dispose of information with respect to provisions requiring employers to take remedial action based on technical findings and medical advice. The Committee urges the Government to take relevant measures, in law and in practice, to ensure compliance with this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes the information that neither the Social Security Act nor other related regulations have ever addressed workers’ income insurance or maintenance. The Committee also notes that, according to the 2009 report of the Prevention and Safety Inspectorate, enterprises whose activities involve exposure to ionizing radiation work are limited to health-care establishments, which keep records on the extent and amount of exposure to ionizing radiation work and that, should the amount of exposure exceed the prescribed level, the workers concerned should be transferred to another radiation-free job. The Committee requests the Government to provide further information on whether the provision of alternative employment as indicated is legally regulated and whether other measures are  offered for workers to maintain their income where their continued assignment to work involving exposure is medically inadvisable. It also requests the Government to provide information regarding the practical application of the provision of alternative employment to workers where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

Part V of the report form. Application in practice. Article 15. Labour inspection. The Committee notes that the Government indicates that it does not dispose of information regarding the application of the Convention in practice. The Committee would like to draw the Government’s attention to the obligation in Article 15 which requires the Government to provide appropriate inspection for the purposes of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out. It therefore reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, the number and nature of contraventions reported, the number and cause of accidents recorded, and the measures taken to remedy them, and the individual protective equipment allocated to workers, such as dosimeters.

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1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 6, paragraph 1, Article 7, paragraphs 1 and 2, and Article 8 of the Convention. Permissible doses for various categories of workers. The Committee notes that table 2 of Decree No. 11802 of 30 January 2004 sets the permissible ionizing radiation level for people in general to 1 mSv per year, in accordance with the Convention. With respect to the general prohibition to engage workers before the age of 16 or 17 years for work that is hazardous by nature as set out in Decree No. 700 of 1999, the Committee refers to its comments of 2004 under Convention No. 182 noting that this Decree is currently being revised. It requests the Government to provide information with its next report whether Decree No. 700 of 1999 has been revised, whether limits have been set for workers under the age of 18 years old involved in ionizing radiation work, whether there is a general prohibition to engage workers at the age of 16 years old and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

3. Article 9, paragraph 2. Training and information. The Committee notes that section 21 of Decree No. 11802 of 2004 provides that the Ministry of Labour shall issue rules ensuring that workers receive information and training with respect to work with ionizing radiation. The Committee requests the Government to provide information whether the Ministry of Labour has issued any rules ensuring the full application of Article 9(2) of the Convention.

4. Article 13, section (d). Required remedial action based on technical findings and medical advice. The Committee notes that the report contains no information with respect to provisions requiring employers to take remedial action based on the technical findings and medical advice. The Government is requested to provide information on measures taken to ensure compliance with this provision of the Convention.

5. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee, having previously noted that section 38(E) of Decree No. 11802 of 30 January 2004 ensures the right of workers to alternative employment when they have premature accumulation of their lifetime radiation dose, wishes nevertheless to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

5. Part V of the report form. The Committee notes the Government’s statement that the result of the two committees established under Decree No. 46/1 of 12 March 2004 and Decree No. 135/1 of 10 August 2004 to establish a list of occupational diseases and another list for dangerous chemical substances and carcinogenic substances, shall result in appropriate measures being taken to ensure the application of the Convention. It requests the Government to provide detailed information with its next report on any measures taken or envisaged to ensure the application of the Convention. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the nature and number of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them and the individual protective equipment allocated to workers, such as dosimeters.

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1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Articles 6(1) and 7(1) of the Convention. Dose limits. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code ensuring the application of most of the Articles of the Convention. It notes with satisfaction that table 2 of the Decree provides for a maximum annual dose limit of 20 mSv over a five-year period for workers over 18 years of age involved in ionizing radiation work which reflects the dose limits for exposure to ionizing radiation in the 1990 Recommendation of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. The Committee also notes with satisfaction that section 14 of the Decree also includes provisions providing for alternative employment which, as the Committee noted in its 1992 general observation, is a general principle of occupational safety and health which appears in article 17 of the Occupational Health Services Recommendation, 1985 (No. 171), as well as in Paragraph 27 of the Radiation Protection Recommendation, 1960 (No. 114).

3. The Committee is raising certain other points in a request addressed directly to the Government.

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1. The Committee notes the information supplied by the Government. It further notes the declaration of the Lebanese Atomic Energy Agency, which is a specialized subagency of the National Council for Scientific Research, that a draft legal framework concerning the regulation of the permit system, inspection and the proper utilization of ionizing radiation in Lebanon has been elaborated. The Committee hopes that the above draft legal framework will be adopted in a near future and requests the Government to transmit a copy as soon as it is adopted. The Committee further notes that the Ministry of Labour has elaborated a draft to amend Decree No. 6341 of 24 October 1951, which regulates the health protection in the majority of undertakings prescribed by the Labour Code. According to the Government, the proposed amendment also specifies special measures for the protection of workers exposed to ionizing radiation. Since every undertaking which owns, deals or uses sources of ionizing radiation is required to get a special permit from the Ministry of Labour, the undertakings are hence bound to take all the necessary measures to provide effective protection of workers, as regards their health and safety, against ionizing radiations by means of restriction of exposure to the values indicated in a table providing for maximum permissible doses of exposure to radiation per year. The draft decree also obliges undertakings to hold special registers containing information on the sources of radiation. The Government further indicates that an order to be issued by the Minister of Labour, in application of the above Decree, would relate to the following points:

-      Minimizing workers’ level of exposure to radiation and its limitation;

-      Fixing the maximum permissible doses, the quantity of ionizing radiation and their review on a regular basis;

-      Fixing adequate levels of exposure to radiation of workers over 18 years and those for workers under the age of 18, who are directly engaged in work involving such radiation, and whereby young workers under the age of 16 are prohibited from being engaged in work involving exposure to ionizing radiation;

-      Providing warnings to tasks that may involve exposure to radiation;

-      Training and informing workers who may be exposed to ionizing radiation of the hazards involved;

-      Carrying out appropriate tests to verify the observance of established standards concerning exposure to radiation; and

-      Determining cases in which immediate measures need to be taken as a result of the nature of exposure or due to its degree.

The Committee notes with interest this development, in particular, with regard to the indicated content of the draft amendment of Decree No. 6341 of 24 October 1951, which, when adopted, would apply the following provisions:

-      Article 3 (appropriate steps to be taken to ensure effective protection in the light of knowledge available at the time);

-      Article 5 (reduction of the level and duration of exposure);

-      Article 6 (fixing and regular review of maximum permissible doses and amounts of ionizing radiation);

-      Article 7 (fixing of appropriate levels of exposure of workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiation);

-      Article 8 (fixing of appropriate levels of exposure of workers liable to be exposed temporarily);

-      Article 9 (information and instruction for workers exposed);

-      Article 10 (notification of work involving exposure to radiations);

-      Article 11 (appropriate monitoring of observance of levels of exposure);

-      Article 13 (action to be taken promptly in circumstances to be specified owing to the nature or degree of exposure); and

-      Article 15 (establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention).

The Committee therefore hopes that the above draft decree will be adopted in a near future to ensure effective protection of workers against ionizing radiations. In this context, the Committee nevertheless once again would draw the Government’s attention to its 1992 general observation under the Convention, which sets forth, inter alia, the exposure limits established for the different categories of workers on the basis of new physiological findings by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, which were reflected in the 1994 Basic Safety Standards developed under the auspices of the International Atomic Energy Agency (IAEA), the International Labour Organization (ILO), the World Health Organization (WHO) and three other international organizations.

Finally, the Committee notes the Government’s indication that the Council of Ministers approved on 4 November 1998 a draft law, which aims at protecting from radiation and providing safety of ionizing radiation sources. The Committee therefore requests whether the above draft has been adopted and, if that is not the case, to indicate its stage within the legislative process towards its adoption. It also requests the Government to supply a copy as soon as it is adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that the Lebanese Atomic Energy Agency has communicated an annual dose limit of 20 mSv for workers’ exposure to ionizing radiation. The committee requests the Government to indicate whether such a communication of the Lebanese Atomic Energy Agency is legally binding. Moreover, the Committee notes the Government’s indication that the Council of Ministers agreed in its session held on 9 July 1997 to join the International Project on Strengthening Infrastructure for Protection against Radiation. Taking due note of this information, the Committee requests the Government to explain more in detail the content and objectives of this international project as well as its duration and to provide information on the results achieved until now.

3. Article 12. The Committee notes that section 22 of the Labour Code requires medical examinations of young persons before their employment in order to determine their fitness for work. It further notes that Order No. 157/1 of 2 August 2000 requires the carrying out of a medical examination and re-examination to check the fitness for employment of young persons until the age of 21 years in the case they are employed in occupations involving serious health hazards. In addition, Decree No. 4568 of 20 June 1960 requires each undertaking with more than 20 employees to have a physician to monitor the health conditions of the workers. In this respect, the Government however indicates that upon promulgation of the abovementioned legal texts on ionizing radiation, an effort will be made to promulgate other legal texts to apply Article 12 of the Convention, if this Article would not already be applied sufficiently by the new laws. The Committee states that the orders and decrees referred above, only provide for medical examinations of young persons. Consequently, with regard to the new decree to be adopted, which amends Decree No. 6341 of 1951, the Committee would recall that Article 12 of the Convention provides for appropriate medical examination of all workers directly engaged in radiation work prior to or shortly after taking up such work as well as for subsequent further medical examinations. The Committee hopes that the Government will take the necessary steps to ensure that medical examinations are provided to all workers exposed to ionizing radiation, in application of Article 12 of the Convention.

4. Article 14. Alternative employment. In its previous comment, the Committee noted that section 16 of Decree No. 6341 provides that it shall be the responsibility of the establishment’s physician to assess the capacity and physical aptitude of workers. It further noted the Government’s indication that the Committee responsible for the review of the Labour Code will examine the Decree referred to above in the light of the provisions of this Article of the Convention. With regard to the provision of suitable alternative employment to workers whose continued assignment to a work involving exposure to ionizing radiations is contraindicated for health reasons, the Government refers in its report to the statement made by the Lebanese Atomic Energy Agency that no practical progress has been achieved in this respect. Taking into consideration that Decree No. 6341 is being amended, the Committee trusts that the draft amendment of Decree No. 6341 of 24 October 1951 will contain provisions concerning alternative employment, in application of Article 14 of the Convention. The Government is also asked to provide information on any progress made in this regard.

5. Finally the Committee requests the Government to supply a copy of the Legislative Decree No. 105 of 13 September 1983 relating to the regulation of the use of ionizing radiation and protection against ionizing radiation.

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The Committee notes that in its 1995 report the Government indicates that it has not been able to take the necessary measures to guarantee effective protection of workers against exposure to ionizing radiation, pursuant to Articles 5, 6, 7, 8, 9, 10, 11, 13 and 15 of the Convention, and that it is waiting to receive information from the technical services which will allow it to provide such protection. The Committee hopes that these measures will be taken in the near future and that they will take account of its previous comments on the following points:

1. The Committee draws the Government's attention to its general observation of 1992 under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiation in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiation in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

-- Article 5 (Reduction of the level and duration of exposure);

-- Article 6 (Fixing and regular review of maximum permissible doses and amounts of ionizing radiation);

-- Article 7 (Fixing of appropriate levels of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiation);

-- Article 8 (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily);

-- Article 9 (Information and instruction for exposed workers);

-- Article 10 (Notification of work involving exposure to radiations);

-- Article 11 (Appropriate monitoring of observance of levels of exposure);

-- Article 13 (Action to be taken promptly in circumstances to be specified owing to the nature or degree of exposure);

-- Article 15 (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention).

2. Furthermore, the Committee requests the Government to provide information on the following points:

Article 12. In its previous comments, the Committee noted that section 16 of Decree No. 6341 of 1951 provides for medical examinations prior to recruitment and periodically during employment, and that under section 5 of Decree No. 4568 of 30 June 1960, the number, nature and frequency of such examinations shall be determined by the occupational doctors. The Government indicated previously that the workers exposed toionizing radiation are also covered by these provisions and that the more dangerous the work is, the more rigorous is the medical examination of the workers concerned. The Committee hopes that in its next report the Government will provide information on the nature and frequency of the medical examinations provided for the workers exposed to ionizing radiation.

Article 14. In its previous comments, the Committee also noted that section 16 of Decree No. 6341 provides that it shall be the responsibility of the establishment physician to assess the capacity and physical aptitude of workers. In its last report, the Government indicates that the Committee responsible for reviewing the Labour Code will examine the Decree referred to above in the light of the provisions of this Article of the Convention. The Committee requests the Government to provide information on any progress made in this regard and to indicate, in particular, whether provision is made for a worker who is advised by a doctor not to undertake work involving exposure to ionizing radiation to be assigned to a different kind of work or, if he has already been assigned to work involving exposure, whether he must be transferred to another suitable employment.

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The Committee notes the indication in the Government's latest report that it had not been in a position to take the measures necessary for the application of the Convention due to the exceptional circumstances which the country had been experiencing since 1977. The Government further stated that it hoped to take measures to ensure the strict application of Articles 5, 6, 7, 8, 9, 10, 11, 13 and 15 of the Convention in due time. The Committee hopes that the measures necessary for the protection of workers against exposure to ionizing radiation will be taken in the near future and that they will take into account its previous comments concerning the following points:

1. The Committee would call the Government's attention to its general observation of 1992 under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionizing radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

2. Furthermore, the Committee asks the Government to provide further information on the following points:

Article 12. In its previous comments, the Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. In its latest report, the Government has indicated that workers exposed to ionizing radiation are also subject to these provisions and that the more dangerous the work the stricter the medical supervision of the workers concerned. Finally, by virtue of section 5 of Decree No. 4568 of 30 June 1960, the occupational doctors are responsible for fixing the number, nature and frequency of the medical examinations. The Government is once again requested to provide information, in its next report, on the nature and frequency of medical examinations for workers engaged in radiation work.

Article 14. In its previous comments, the Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is once again requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionizing radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

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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:

1. The Committee took note of the statement in the Government's first report for the period ending 15 October 1979 that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's first report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

3. The Committee would call the Government's attention to its general observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). Under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionizing radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionizing radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.

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The Committee notes with regret that no report has been received from the Government. 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 following matters raised in its previous direct request.

1. The Committee took note of the statement in the Government's first report for the period ending 15 October 1979 that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's first report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

3. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionising radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionising radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionising radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionising radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.

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The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. The Committee took note of the statement in the Government's first report that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionising radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionising radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionising radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionising radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.