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

Benzene Convention, 1971 (No. 136) - Uruguay (Ratification: 1977)

General framework for the application of the Convention. The Committee notes with interest Decree No. 307/009 of 3 July 2009, establishing minimum compulsory standards for the protection of the health and safety of workers against risks related to chemicals. This Decree is the result of the work of the Tripartite Commission for the Chemical Industry established by Decree No. 306/005 with the technical collaboration of the Ministry of Labour and Social Affairs of Spain. Decree No. 307/009 lays down the minimum compulsory conditions for the protection of the health and safety of workers against risks related to chemicals in the course of work, contains detailed regulations for the assessment of risks and on prevention plans, the principles of prevention, the supervision of health, the measures to be adopted in the event of accidents, incidents and emergencies, prohibitions, information and training, and the consultation and participation of workers. It accordingly establishes an adequate and favourable framework for the application of the present Convention. The Committee notes that certain specific issues relating to the present Convention have remained pending for a number of years and, in the hope that the Government can contribute to clarifying them in its next report, enumerates them below.

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluents, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. For several years, the Committee has been referring to section 3 of Decree No. 183/982 of 27 May 1982, under the terms of which: “The use is prohibited of the substances enumerated in the Schedule in Annex II for the uses indicated in that Schedule.” The Schedule in Annex II, in its enumeration of prohibited substances and uses, refers to benzene or benzole “as a solvent, when it can be substituted and in waterproofing products”. Previously in 1992, the Committee referred to this wording and considered it very ambiguous. The Committee has repeatedly indicated that the prohibition appeared to refer only to two hypotheses: the use of benzene as a solvent when it can be substituted and its use in waterproofing products. The Committee notes the Government’s reference to Decree No. 307/009 of 3 July 2009, and particularly to section 9(1) of the Decree. However, the Committee notes that, with regard to benzene, Decree No. 307/009 confirms the prohibition in the same terms as Decree No. 183/82, for which reason the Committee’s comment remains valid that, although the use of benzene is prohibited as a solvent, its prohibition as a diluent is not yet sufficiently regulated, nor is the prohibition of products containing benzene. In practice, the prohibition of use of benzene in waterproofing products would cover part of the prohibition of its use as a diluent, but not all uses. Finally, the Committee notes that, on the one hand, the Government reiterates that benzene is prohibited, while at the same time providing copies of: (1) Order No. 145 of 13 March 2009 on the management of the prevention and protection of risks arising out of work, which contains tables on health supervision establishing specific monitoring for benzene; and (2) the “Guide for the medical treatment of workers exposed to solvents” of 2006, containing specific references to benzene. The Committee therefore requests the Government to ensure that its legislation gives effect to this Article and to provide information on: (1) the prohibition of the use of benzene as a diluent; and (2) the prohibition of the use of products containing benzene as: (i) solvents or (ii) diluents. Please also provide information on the use of benzene and products containing benzene covered by the Guide referred to above (only in relation to benzene) and by Order No. 145, referred to above.

Article 7(1). Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. Article 8(2). Compulsory use of personal protective equipment against the risk of inhaling benzene vapour. The Committee notes that, in response to the questions concerning these two Articles, the Government reiterates that benzene does not exist and is not used in Uruguay. On the one hand, the Committee notes that Decree No. 307/009 contains prevention and protection measures which could give effect to these Articles of the Convention and, on the other, refers to its comments in the previous paragraph. The Committee therefore requests the Government to provide detailed information on the application of these two Articles, also taking into account its comments made in 2006, and on the manner in which Decree No. 307/009 is applied in this respect.

Part IV of the report form. Application in practice. The Committee notes that the Government does not have at its disposal specific information on this subject and that it refers to the latest annual report of the Labour Inspectorate communicated to the Office. The Committee notes that the above report, of December 2008, does not contain information on the application of the Convention and it requests the Government to provide practical information on the activities of the Tripartite Commission for the Chemical Industry in relation to the present Convention.