Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Legislation. The Committee notes the Government’s indication that it has adopted Decree No. 04-2014, published on 11 February 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances. The Committee refers in more detail to this new Commission in its comments on the Occupational Cancer Convention, 1974 (No. 139). The Committee requests the Government to provide information on the measures taken by the new Commission to give effect to the present Convention.

Article 2 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. In relation to its previous comments, the Committee notes that the Government again refers to section 18 of Act No. 618 with regard to employers’ obligations. The Committee reminds the Government that Article 2 of the Convention is more specific and refers not to employers’ obligations but to the Government’s obligation to take measures to ensure that harmless or less harmful substitute products are used instead of benzene. The Committee requests the Government to take the necessary measures to ensure that harmless or less harmful substitute products are used instead of benzene and to provide information on this matter.

Furthermore, the Committee notes with regret that the Government does not reply, in its brief report, to the points raised by the Committee in its previous comment. The Government refers to the setting up of the new National Commission for the Registration and Monitoring of Toxic Substances, resulting in changes to the legislation. The Committee emphasizes that the appointment of a commission to reform the legislation does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. The Committee is therefore bound to reiterate a substantial part of its previous comment, which read as follows:

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 (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.

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.