Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Benzene Convention, 1971 (No. 136) - Malta (Ratification: 1990)

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

The Committee notes with interest the information supplied by the Government in the first report on the application of the Convention. It requests the Government to include in its next report further information on the measures that have been taken or are contemplated to ensure the full application of the Convention in regard to the following:

Articles 2 and 3 of the Convention. The Committee notes that under Regulation 39(1) of the Factories (Health, Safety and Welfare) Regulations, 1986 (hereinafter: "the Regulations"), "it shall be the duty of the employer in so far as is reasonably practicable or possible, or when so directed by the Sanitary Authority, to substitute a harmful substance, process or technique at a place of work by a less harmful substance, process or technique". Under Regulation 39(2)(b), without prejudice to the generality of paragraph 1 of this Regulation, "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". The Committee requests the Government to supply information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection, a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that Regulation 38 prohibits the importation of toxic chemicals, unless authorized, and Regulation 39(2)(c) provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene.

It would however appear that the Regulations do not contain a listing of work processes in which the use of benzene or substances containing benzene shall be prohibited. The Committee requests the Government to indicate any measures taken or envisaged, in conformity with Article 4 of the Convention, to specify, in national laws or regulations, work processes in which the use of benzene and of products containing benzene shall be prohibited; this prohibition should at least include the use of benzene and of products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directions issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directions issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directions issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that under Regulation 43(1)(b), it shall be the duty of the employer to make adequate arrangements to the satisfaction of the superintendent for the medical examination, before commencing employment with him and periodically thereafter, of persons engaged in occupations listed in the Schedule to these Regulations. The Committee notes that the Schedule does not appear to include work processes involving exposure to benzene or to products containing benzene. It requests the Government to indicate any measures taken to extend medical examination and periodic re-examination to workers to be employed in such work processes, and to include biological tests, including a blood test, in the requirements.

Article 11. The Committee notes the prohibition of employment, without the approval of the superintendent, of women and young persons in certain activities specified in Regulation 34, which do not however include work processes involving exposure to benzene or products containing benzene. It requests the Government to indicate any measures taken to prevent the employment in such work processes of women medically certified as pregnant, nursing mothers, and young persons other than undergoing education or training under adequate technical and medical supervision.

Articles 12 and 13. The Committee notes the general labelling and instruction requirements in Regulation 46(b) and requests the Government to indicate any specific measures taken to ensure that the word "benzene" and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene, and that any worker exposed to such substances receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

Article 14, paragraph 1. The Committee notes the Government's indication that a Parliamentary Bill that would replace the Factories Ordinance is now pending before Parliament. The Committee hopes that in this connection, the Government will be in a position to take such steps as may be necessary to give effect specifically to the provisions of the Convention.

Finally, the Committee would request the Government to supply in its next report information concerning the practical application of the Convention in the country. The attention of the Government is referred in particular to points III and IV of the report form for this Convention.