Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Chemicals Convention, 1990 (No. 170) - Germany (Ratification: 2007)

The Committee notes with interest the Government’s response on the application of Article 13(1)(f) of the Convention under section 9 of the Ordinance on Hazardous Substances 2004.

Article 12(d) of the Convention. Keeping of records of exposure. The Committee notes the Government’s comments on the application of Article 12(d) of the Convention under sections 7(6), 10(2) and 19(2)(1) of the Ordinance on Hazardous Substances 2004, with regard to ensuring records for monitoring of the working environment are kept and are accessible to the workers and their representatives. However, the Ordinance does not contain provisions with regard to keeping records for the monitoring of the working environment for a prescribed period of time. The Committee also notes that the Government is in the process of reintroducing the provisions for monitoring and keeping records on the exposure of workers to hazardous chemicals for a prescribed period under section 14. The Committee requests the Government to provide further information and the corresponding legal provisions on the prescribed time period for which records on monitoring the working environment are to be kept and in what manner. The Committee would also request the Government to keep it informed on the reintroduction of the provisions concerning the monitoring and keeping of records on the exposure of workers to hazardous chemicals.

Part V of the report form. Application in practice. The Committee notes the Government’s response that the competent authorities of the individual Länder are responsible for authorizing exemptions, and that such exemptions are rarely used and only given if the circumstances involve “disproportionate severity” and the protection of the workers is still guaranteed. The Committee would appreciate if the Government can provide further information and the corresponding legal provisions that ensure the protection of workers is guaranteed under the application for an exemption by the employer.