Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Chemicals Convention, 1990 (No. 170) - Côte d'Ivoire (Ratification: 2019)

The Committee notes the information supplied by the Government in its first report.

Articles 1(1) and 4 of the Convention. Scope of application. Formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals, in consultation with the social partners. The Committee notes that the National Strategy for the management of chemicals (the Strategy) was adopted in 2014 and covers the 2016–20 period. The Strategy groups together all projects and activities which are planned to enable Côte d’Ivoire to achieve environmentally rational management of chemicals throughout their life cycle. The Committee also notes that this document provides for the establishment of a monitoring system and that the Ministry of the Environment and Sustainable Development is the authority responsible for the evaluation of its implementation. The Committee requests the Government to provide information on the measures taken to apply the National Strategy for the management of chemicals in all branches of economic activity where chemicals are used, and to indicate the results achieved. The Committee also requests the Government to provide information on the mechanism for the periodic review of the Strategy, in consultation with the most representative organizations of employers and workers concerned.

Article 5. Power to prohibit or restrict the use of certain hazardous chemicals. The Committee notes the Government’s indication that the ministries responsible respectively for labour, the environment, public health and agriculture have the power, as part of their specific areas of competence, to prohibit or limit the use of certain hazardous chemicals. The Committee also notes that the Strategy, as part of reinforcing technical capacities in this area, provides for the setting up of an inter-institutional committee on the management of chemicals. The Government also refers in its report to specific legislative provisions which prohibit or restrict the use of certain hazardous chemicals. The Committee requests the Government to indicate the measures taken to ensure coordination of the authorities responsible for prohibiting or restricting the use of certain hazardous chemicals. In this regard, the Committee requests the Government to provide information on progress made as regards setting up an inter-institutional committee on the management of chemicals. The Committee further requests the Government to provide information on the mechanisms for notification or authorization before certain hazardous chemicals are used.

Articles 6 and 7. Classification systems and marking of chemicals. The Committee notes the Government’s indication that it has not yet determined specific systems or criteria for classifying chemicals according to the degree of hazard they represent. The Committee also notes that the Government, with regard to the marking of chemicals, refers to Decree No. 67-321 of 21 July 1967, section IV of which regulates the labelling of containers for benzene hydrocarbons or products for industrial use. Moreover, the Committee notes that the Strategy, as part of the assessment and management of risks linked to chemicals, provides for mapping the production and use of chemicals according to sectors of activity and devising a harmonized general system (SGH) for the classification and labelling of chemicals. The Committee requests the Government to provide detailed information on the measures taken to establish systems and criteria for the classification and marking of all chemicals.

Article 8. Chemical safety data sheets. The Committee notes the Government’s reference in its report to the verification of hazardous chemicals, by the national authorities and accredited agencies, before these products are imported into Côte d’Ivoire. The Committee recalls that, under Article 8 of the Convention, for hazardous chemicals, chemical safety data sheets containing detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures shall be provided to employers. The Committee therefore requests the Government to indicate the measures taken to ensure that employers are provided with chemical safety data sheets, as prescribed in this Article of the Convention.

Article 9. Responsibilities of suppliers. The Committee notes the indication in the Government’s report that suppliers are informed of the need to observe conformity standards for the products concerned and that they are fully responsible for their export and even import activities. The Committee requests the Government to provide further information on standards governing the responsibility of suppliers and on the legal consequences of any violation of their obligations in this regard.

Articles 10, 11 and 12. Responsibilities of employers. Identification, transfer of chemicals and exposure. The Committee notes that the Government’s report refers to the labour inspection system and to the competence that lies with the Ministry of Labour and the Ministry of Public Health for the application of these Articles. The Committee notes that Articles 10, 11 and 12 refer to the responsibility of employers for the use and transfer of chemicals and with regard to the protection of workers in the event of exposure to hazardous chemicals. The Committee therefore requests the Government to provide information on the measures taken to ensure the application of the provisions of these Articles.

Article 13. Operational control. The Committee notes the Government’s indication concerning the general obligation of employers, established in section 41.2 of the Labour Code, to take all appropriate measures in line with the operating conditions of the enterprise to protect the life and health of workers. The Government’s report also refers to Chapter II of Decree No. 67-321 of 21 July 1967, which establishes particular hygiene and safety measures applicable in workplaces where, because of hazardous, unhealthy or dirty work, the materials or products used, or the strength required to handle them, the workers employed there must be specially protected or provided with appropriate conditions of hygiene. However, the Committee notes the lack of information on the existence of obligations for employers to: (i) choose chemicals that eliminate or minimise the risk; (ii) adopt working systems and practices that eliminate or minimise the risk; (iii) provide and properly maintain personal protective equipment and clothing for workers; and (iv) provide first aid and make arrangements to deal with emergencies. The Committee requests the Government to indicate the measures taken to ensure that employers are required to meet the obligations provided for in Article 13(1) and (2).

Articles 15 and 18(3). Information and training. Right to information for workers and their representatives. The Committee notes the Government’s reference in its report to section 41.3 of the Labour Code, which provides that employers are required to conduct training on hygiene and safety for newly recruited employees and those who change jobs or working techniques. This training must be updated for the staff concerned in the event of changes to the legislation or regulations. The Committee requests the Government to provide information on the measures taken to ensure instruction of workers in how to obtain and use the information provided on labels and chemical safety data sheets and to provide ongoing training for workers in the practices and procedures to be followed for safety in the use of chemicals at work, including with regard to the transportation of chemicals.

Article 19. Responsibility of exporting States to provide information on the prohibition of the use of chemicals for reasons of safety and health at work. The Committee notes that Order No. 159/MINAGRI of 21 June 2004, prohibiting the use in agriculture of active inputs in the manufacture of phytopharmaceutical products, contains an appended list of active substances whose use, manufacture and packaging for placing on the national market or use in agriculture is prohibited. The Committee requests the Government to provide further information on the measures taken to ensure that, in cases involving the exportation of chemicals which are subjected to regulation for reasons of health and safety at work, this fact and the reasons for it are communicated to any country to which these chemicals are to be exported.