In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), 120 (hygiene (commerce and offices)), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 of Decree No. 11802, indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibers. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibers and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available. The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committee notes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary work related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment. The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. . However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.