Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

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

2. Article 14 of the Convention. National legislation. The Committee notes with interest the legislative measures undertaken by the adoption of the General Provisions of Health and Safety at Workplaces Regulations (LN 36 of 2003) and the Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (LN 122 of 2003) ensure the application of Articles 2, 4, 5, 6, 7, 8, 9, 10, 12 and 13 of the Convention. It particularly notes that the concentration of benzene in the air in places of employment shall not exceed 3.25 mg/m3 (1 ppm) (Schedule III of LN 122 of 2003). The Committee further notes with interest the adoption of the Protection of Maternity at Workplaces Regulations (LN 92 of 2000), and the Protection of Young Persons at Workplaces Regulations (LN 91 of 2000, as amended by LN 283 of 2004) ensures the full application of Article 11 of the Convention.

3. Articles 9 and 10. Medical examinations free of cost for workers. With reference to its previous comments the Committee notes with satisfaction that section 16 of LN 36 of 2003 and section 14 of LN 122 of 2003 now provide that pre-employment and, periodically thereafter, medical examination, shall be carried out and that Schedule II of LN 122 of 2003 provide recommendations that these records shall be kept and, where appropriate, biological monitoring shall be carried out. It also notes the Government’s statement that the records shall be kept for at least 40 years after the end of the exposure.

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