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

Bolivia (Plurinational State of)

Benzene Convention, 1971 (No. 136) (Ratification: 1977)
Asbestos Convention, 1986 (No. 162) (Ratification: 1990)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 136 (benzene) and 162 (asbestos) together.

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution of benzene or of products containing it. The Committee notes that the Government, in its reply to the Committee’s previous comment, once again refers in its report to general OSH standards that do not contain specific provisions that give effect to Article 2 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure the use of harmless or less harmful substitute products instead of benzene or products containing benzene.

Article 6(1) and (3). Prevention of the escape of benzene vapour into the air. Measurement of the concentration of benzene. The Committee notes that the Government reiterates information relative to the fixed maximum concentration of benzene in the air in places of employment (Article 6(2) of the Convention), once again without referring to the Committee’s request in its previous comment regarding the remaining provisions of Article 6 of the Convention. The Committee requests the Government to specify: (i) whether concrete measures have been adopted or are envisaged to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used (Article 6(1)); and (ii) whether the competent authority has issued directions on carrying out the measurement of the concentration of benzene in the air of places of employment (Article 6(3)).

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes that, in reply to its previous comment, the Government once again refers to Technical Safety Standard (NTS) 009/18, for the Presentation and Approval of OSH Programmes, which contains no specific provisions giving effect to Article 7 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure that: (i) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (ii) where it is not practicable for work to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

2. Asbestos Convention, 1986 (No. 162)

Article 17(1) and (3) of the Convention. Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Elaboration of a work plan in consultation with the workers or their representatives. The Committee notes that, in reply to its previous comment, the Government once again refers in its report to general OSH standards, which contain no specific provisions giving effect to Article 17(1) and (3) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the demolition of plants and structures and removal of asbestos provided under Article 17(1) of the Convention shall be undertaken only by employers or contractors who are recognised by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives shall be consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. With reference to its previous comment, the Committee notes that the Government once again refers to general OSH standards which contain no specific provisions giving effect to Article 20(2), (3) and (4) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Furthermore, the Committee notes with regret that the Government’s report contains no responses to its earlier comments, which are reiterated below.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a dilutent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also urges the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

Article 15. Exposure limits. The Committee notes the Government’s indication that the maximum permissible concentration of asbestos in the air in occupied areas is 5 million particles per cubic foot, in accordance with section 20 of Presidential Decree No. 2348 of 18 January 1951, which approved the Basic Regulations on industrial health and safety. The Government also refers to Annex D of Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17) which provides in general terms that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA) which establishes limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain asbestos concentration limits (0.1 fibre per cubic centimetre of air as an eight hour time-weighted average and 1.0 fibre per cubic centimetre of air as averaged over a sampling period of 30 minutes, in accordance with Standards 29 CFR, 1910.1001). In this regard, the Committee observes that section 8 of NTS-008/17 determines that employers shall include in protocols for work in confined spaces the necessary safety mechanisms for entry into the premises, including preventive measures to be adopted during work, such as continuous monitoring of air in the workplace.

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

Article 16. Practical measures for prevention and control. The Committee notes that NTS-009/18 provides that the enterprise or establishment shall undertake, through methodology, the identification of hazards and the assessment of risks in the activities undertaken, as well as other relevant measures. Under the terms of the Technical Safety Standard in force adopted by the Ministry of Labour, Employment and Social Welfare, or in the absence of such a Standard or another reference standard applicable to national conditions, the enterprise or labour establishment shall present a specific study on contaminating chemicals in the working environment (hazardous substances). The Committee requests the Government to provide additional information on the specific measures adopted to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers that they employ to asbestos and for their protection against the hazards due to asbestos.

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. With reference to its previous comments, the Committee notes that NTS-009/18 provides that the enterprise or establishment shall indicate in the occupational safety and health programme the following information: (a) pre-recruitment medical examinations; (b) periodic examinations of workers in line with the risks identified in the “Hazard Identification and Risk Evaluation”, including the development of any occupational diseases that are detected; and (c) post-employment examinations of workers who have concluded their work in the enterprise or establishment (post-employment management). The Committee also notes section 404 of the General Act on occupational safety and health and welfare (Legislative Decree No. 16998), which provides that care shall be taken in the selection of workers that each worker is assigned to the work for which she/he is best suited from the viewpoint of her/his aptitude and physical strength. However, the Committee observes that specific measures have not been adopted to bring the legislation into conformity with the requirements set out in Article 21. The Committee once again requests the Government to provide specific information on the measures adopted or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; and (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]