Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Benzene Convention, 1971 (No. 136) - Bolivia (Plurinational State of) (Ratification: 1977)

Legislation. Referring to its previous comments, the Committee notes that, in its report, the Government provides information on general regulations on occupational safety and health (OSH) to which it has previously referred and which give very limited effect to the Convention. The Committee notes with regret that the Government reiterates that no specific standards or provisions have been developed relating to benzene. The Committee also notes that the Government refers once again to the preparation of the Occupational Safety and Health Bill, which will establish directives for immediate action regarding the handling and use of benzene, and other measures in accordance with the Convention. The Committee once again requests the Government to adopt the necessary measures to give effect to the Convention and to provide information on any progress made in this regard.

In view of the fact that the Government has not provided the information requested in its previous observation, the Committee must therefore repeat with regret its previous observation which read as follows:

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment. The Committee notes that, according to the report, section 20 of Supreme Decree No. 2348 of 18 January 1951, issuing basic industrial safety and health regulations, determines that the maximum permitted concentration of benzene is 100 parts per million. The Committee draws the Government’s attention to Article 6(2) of the Convention, under which the employer shall ensure that the concentration of benzene in the air in places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80mg/m3). The Committee also draws the Government’s attention to the fact that the concentration of 100 parts per million, as set out in Supreme Decree No. 2349, significantly exceeds the maximum permitted level provided for in the Convention, and is thus not in conformity with the Convention. The Committee therefore urges the Government to adopt the necessary measures as soon as possible to set the concentration of benzene at a level not exceeding a ceiling value of 25 parts per million, as established in this Article of the Convention, and to provide information in this respect.

Article 11(1). Pregnant women, nursing mothers and young persons under 18 years of age. The Committee notes the Government’s indication that, under section 8 of the General Occupational Safety, Health and Welfare Act of 2 August 1979, women and young persons under 18 years of age shall not be employed in work that is hazardous, arduous or harmful to their health or morals. The Committee notes that the report does not indicate whether this covers work involving exposure to benzene. The Committee requests the Government to take the necessary steps to ensure that the legislation provides that: (a) women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision. The Committee requests the Government to provide information in this respect.

[The Government is asked to reply in detail to the present comments in 2017.]