Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Benzene Convention, 1971 (No. 136) - Nicaragua (Ratification: 1981)

Article 2. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. In its previous comments, the Committee requested a detailed report of the application of the Convention. The Committee notes the Government’s brief report which, although providing certain information, does not enable it to gain an overall vision of the application of the Convention in law and in practice. The Committee notes the Government’s indication that section 18(5) of the General Occupational Safety and Health Act provides that the employer shall be under the obligation to replace whatever is dangerous by what involves little or no danger. Noting that this legislation contributes to the application of this provision of the Convention, the Committee nevertheless observes that this Article requires the adoption of effective replacement measures. The Committee once again requests the Government to take the necessary measures to give effect to this Article and to provide information on the subject.

Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. The Committee notes that the Government’s report refers once again to Basic Act No. 274 respecting the handling and control of pesticides and toxic, hazardous and other similar substances. Noting that this legislation contributes to the application of this Article of the Convention, the Committee nevertheless observes that the processes in which the use of benzene and of products containing benzene are prohibited need to be determined clearly and it once again requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on this subject.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (u 80 mg/m3). The Committee notes that section 129 of Act No. 618 empowers the General Directorate of Occupational Safety and Health to use as a reference for inspections the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to indicate the measures adopted to ensure that the concentration of benzene in the air in places of employment does not exceed this ceiling.

Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the reference made by the Government in its report to laws and regulations of a general nature which contain provisions requiring the employer to provide free of charge and the worker to use personal protection equipment in workplaces where risks are inevitable and cannot be limited. The Committee once again requests the Government to indicate the laws or regulations which establish the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that the Government reiterates its reference to section 140 of the Labour Code, which provides that “the continued employment of a women who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. The Committee reiterates its previous comments in which, taking into account that this provision is too general in nature and that, to give full effect to this Article, it needs to be specified by another provision, it requests the Government to adopt measures to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene, and to provide information on this subject.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on labour inspection, but that it does not specify whether such inspections are related to the Convention. The Committee requests the Government to indicate the inspections related to the Convention, the contraventions reported and the measures taken as a result.