White Lead (Painting) Convention, 1921 (No. 13) - Afghanistan (Ratification: 1939)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 Conventions Nos 13 (white lead), 45 (underground work (women)), and 139 (occupational cancer) together.

White Lead (Painting) Convention, 1921 (No. 13)

Legislation. In its previous comments, the Committee noted the Government’s indication that the development of OSH regulations to implement the Labour Code had been envisaged, and requested the Government to provide information on any progress in this respect. The Committee notes the Government’s indication in its report that, as part of the broader national legal reform, the revision of the Regulation on General OSH Standards (1999) has begun. It further notes that, according to information from the ILO Decent Work Team for South Asia and Country Office for India, the Labour Code reform is ongoing. The Committee hopes that in its next report, the Government will be able to provide specific information regarding the measures taken, in law and in practice, to regulate the use of white lead and sulphate of lead and of all products containing these pigments in accordance with the provisions of the Convention. The Committee further requests the Government to continue to provide information regarding the progress of its legal reform, and to provide a copy of the new OSH regulation, once it has been adopted.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Periodic determination of carcinogenic substances or agents. The Committee notes that the Government refers in its report to the Regulation on General OSH Standards and indicates that its revision is pending the completion of the revision of the Labour Code. The Committee observes, however, an absence of information regarding measures taken to periodically determine the list of carcinogenic substances or agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. Noting the importance of such a list for the effective application of the provisions of the Convention, the Committee requests that the Government indicate the specific measures taken to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply.

Article 3. Protective measures and appropriate system of records. The Committee notes that, pursuant to section 111(2) of the Labour Code, workers are required to observe the rules and standards of protection at work as well as safety techniques, and to use individual protective devices while working. Section 112 of the Labour Code also requires the enterprise to provide protective clothes and equipment for workers, free of charge, where the work carried out is under conditions harmful to health. In addition, section 9 of the Regulation on the Distribution of Clothes and Protective Equipment (No. 791) also requires the provision of protective clothes, materials or other equipment specific and common for workers who work with acids and fluids, harmful gases, toxic substances, destructive disinfectants and hazardous radiation. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the protection of workers against the risks of exposure to carcinogenic substances or agents. It also requests the Government to provide information on the measures taken or envisaged to establish an appropriate system of records, in accordance with Article 3.

Article 4. Information. The Committee notes that section 111(1) of the Labour Code requires the person in charge of the enterprise to give continuous training to employees about safety, health, first-aid service and firefighting rules and techniques, as well as other employee protection rules. The Committee requests the Government to provide further information on the steps taken to ensure that to workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken.

Article 5. Medical examinations or biological or other tests or investigations. The Committee notes that, pursuant to section 113 of the Labour Code, workers engaged in arduous work and in types of work carried out under conditions that are harmful to health must undergo periodic health and medical examinations during the service period in order to see that they are fit for work and to prevent occupational diseases. Section 115 of the Labour Code further provides for the establishment of fixed and mobile centres to carry out, to the extent possible, medical examinations for workers, with due regard to the number of employees and personnel, and in accordance with the standards set by the Ministry of Public Health in agreement with the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD). Moreover, the Government indicates that the MoLSAMD has begun work on the development of a regulation on the Rights and Benefits of Workers in Physically Arduous and Harmful Jobs and that the next report will provide more information on the progress made regarding this regulation. The Committee requests the Government to provide information on the measures taken to ensure that medical examinations are also provided to workers after the period of employment, as necessary, in accordance with Article 5 of the Convention. In addition, the Committee requests the Government to provide information on the application in practice of section 115 of the Labour Code.

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the Government’s brief report confirming that, in order to implement the Labour Code, the development of occupational safety and health (OSH) regulations has been envisaged. With reference thereto, as well as to the comments submitted by the All Afghanistan Federation of Trade Unions (AAFTU) referred to in its previous comments, the Committee again expresses the hope that the Government will now proceed to take the necessary action to give effect to the specific requirements in the Convention, and to keep the Office informed of any progress in this respect.

Application in practice. The Committee also notes the information that the Labour Inspection Department regularly checks the OSH conditions in workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee also notes the information provided regarding awareness campaigns conducted on the importance of the use of personal protective equipment. Against this background the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislation. The Committee notes the Government’s brief report confirming that, in order to implement the Labour Code, the development of occupational safety and health (OSH) regulations has been envisaged. With reference thereto, as well as to the comments submitted by the All Afghanistan Federation of Trade Unions (AAFTU) referred to in its previous comments, the Committee again expresses the hope that the Government will now proceed to take the necessary action to give effect to the specific requirements in the Convention, and to keep the Office informed of any progress in this respect.

Part V of the report form. Application in practice. The Committee also notes the information that the Labour Inspection Department regularly checks the OSH conditions in workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee also notes the information provided regarding awareness campaigns conducted on the importance of the use of personal protective equipment. Against this background the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s brief report including reference to the provisions on occupational safety and health (OSH) in Chapter 10 of the Labour Code of February 2007. The Committee notes that sections 111–126 of the Labour Code regulate a number of issues including employers’ responsibilities related to establishing safe and healthy working conditions and setting standards to prevent accidents and diseases; workers’ training; the use of personal protective equipment; medical examinations of workers; the provision of first aid; the setting up of health-care units and the procedures for investigation and compensation in cases of accidents. The Labour Code also empowers the State Committee of Labour and Social Security and the Central Council of Trade Guilds to draw up regulations concerning OSH. The Committee welcomes the progress achieved, and notes that the required legislative base for developing more detailed regulations giving effect to the Convention is now in place. The Committee notes also that the Government requests further assistance and technical cooperation from the ILO in order to develop its OSH system. With reference to the foregoing as well as to the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) referred to in its previous comments, the Committee expresses the hope that the Government will now proceed to take the necessary action, for example through regulation, to give effect to the specific requirements in the Convention, and to keep the Office informed of any progress in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s stated intention to submit a complete report on the application of the present Convention in consultation with the Ministry of Public Health, Housing and Urban Development, the Ministry of Commerce and the Municipalities. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the absence of legislation giving effect to the Convention and concerning the alleged non-application of the Convention. Against this background, and taking into account the Committee’s previous comments, the Committee requests the Government to submit a detailed report on the application of this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s brief report, and the Government’s stated intention to submit a complete report on the application of the present Convention in consultation with the Ministry of Public Health, Housing and Urban Development, the Ministry of Commerce and the Municipalities. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the absence of legislation giving effect to the Convention and concerning the alleged non-application of the Convention. Against this background, and taking into account the Committee’s previous comments, the Committee requests the Government to submit a detailed report on the application of this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government’s indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries.

2. Article 5(I)(c). The Committee notes that regulation No. 3(b) calls for the use of the necessary tools in order to prevent hazards arising from dust caused by dry rubbing down and scarping. The Committee would ask the Government to indicate whether any further protective measures such as guidelines or instructions exist or are envisaged to assist the working painters in determining the measures to be taken in this regard.

3. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned department and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.

4. Article 5(III)(b). The Committee notes that section 119 of the Labour Code provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. According to the Government these examinations are carried out at least every six months. The nature of such examinations is regulated by the Ministry of Public Health in collaboration with the Ministry of Labour and Social Affairs. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, whether these examinations are carried out on a regular basis.

5. Article 6. The Committee takes note of the Government’s indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers’ and workers’ organizations are consulted in this regard.

6. Article 7. The Committee notes the indication in the Government’s report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted.

7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under Part V of the report form.

Furthermore, the Committee again requests the Government to provide a copy of the relevant Official Gazette containing the regulation concerning the use of white lead in painting.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government’s indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries.

2. Article 5(I)(c). The Committee notes that regulation No. 3(b) calls for the use of the necessary tools in order to prevent hazards arising from dust caused by dry rubbing down and scarping. The Committee would ask the Government to indicate whether any further protective measures such as guidelines or instructions exist or are envisaged to assist the working painters in determining the measures to be taken in this regard.

3. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned department and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.

4. Article 5(III)(b). The Committee notes that section 119 of the Labour Code provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. According to the Government these examinations are carried out at least every six months. The nature of such examinations is regulated by the Ministry of Public Health in collaboration with the Ministry of Labour and Social Affairs. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, whether these examinations are carried out on a regular basis.

5. Article 6. The Committee takes note of the Government’s indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers’ and workers’ organizations are consulted in this regard.

6. Article 7. The Committee notes the indication in the Government’s report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted.

7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under Part V of the report form.

Furthermore, the Committee again requests the Government to provide a copy of the relevant Official Gazette containing the regulation concerning the use of white lead in painting.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government’s indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries.

2. Article 5(I)(c). The Committee notes that regulation No. 3(b) calls for the use of the necessary tools in order to prevent hazards arising from dust caused by dry rubbing down and scarping. The Committee would ask the Government to indicate whether any further protective measures such as guidelines or instructions exist or are envisaged to assist the working painters in determining the measures to be taken in this regard.

3. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned department and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.

4. Article 5(III)(b). The Committee notes that section 119 of the Labour Code provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. According to the Government these examinations are carried out at least every six months. The nature of such examinations is regulated by the Ministry of Public Health in collaboration with the Ministry of Labour and Social Affairs. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, whether these examinations are carried out on a regular basis.

5. Article 6. The Committee takes note of the Government’s indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers’ and workers’ organizations are consulted in this regard.

6. Article 7. The Committee notes the indication in the Government’s report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted.

7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under Part V of the report form.

Furthermore, the Committee again requests the Government to provide a copy of the relevant Official Gazette containing the regulation concerning the use of white lead in painting.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government's indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries.

2. Article 5(I)(c). The Committee notes that regulation No. 3(b) calls for the use of the necessary tools in order to prevent hazards arising from dust caused by dry rubbing down and scarping. The Committee would ask the Government to indicate whether any further protective measures such as guidelines or instructions exist or are envisaged to assist the working painters in determining the measures to be taken in this regard.

3. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned department and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.

4. Article 5(III)(b). The Committee notes that section 119 of the Labour Code provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. According to the Government these examinations are carried out at least every six months. The nature of such examinations is regulated by the Ministry of Public Health in collaboration with the Ministry of Labour and Social Affairs. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, whether these examinations are carried out on a regular basis.

5. Article 6. The Committee takes note of the Government's indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers' and workers' organizations are consulted in this regard.

6. Article 7. The Committee notes the indication in the Government's report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted.

7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under point V of the report form.

Furthermore, the Committee again requests the Government to provide a copy of the relevant Official Gazette containing the regulation concerning the use of white lead in painting.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its observation, the Committee notes the Government's indication in its report that the regulations concerning the use of white lead in painting have been approved by the competent authorities. It requests the Government to provide further information on the following points.

1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It would recall that, under Article 1 of the Convention, exceptions may be made to the prohibition of the use of white lead in the internal painting of buildings where its use is considered necessary for railway stations or industrial establishments by the competent authority, after consultation with the employers' and workers' organisations concerned. The Government is requested to indicate the manner in which employers' and workers' organisations are consulted concerning any exception granted under regulation No. 2.

2. Article 5(I)(b). The Government is requested to indicate the steps taken or envisaged to ensure that measures are taken to prevent danger arising from the application of paint (containing white lead, sulphate of lead or products containing these pigments) in the form of spray.

3. Article 5(II)(a). The Committee notes that regulation No. 3(c) provides that adequate facilities shall be provided to enable working painters to wash during and on cessation of work. The Government is requested to indicate the extent to which working painters in small establishments actually have access to such facilities, as requested in the report form under this Article.

4. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned departments and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.

5. Article 5(III)(b). The Committee notes that section 119 of the Labour Code of the Democratic Republic of Afghanistan provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, to indicate the frequency of such examinations.

6. Article 6. The Government is requested to indicate the steps taken to ensure the observance of the regulations concerning the use of white lead in painting by penalties, sanctions or by other means and to indicate the manner in which employers' and workers' organisations were consulted in this regard.

7. Article 7. The Committee notes the indication in the Government's report that information concerning diseases caused by white lead would be collected. The Government is requested to provide any statistics on the morbidity and mortality due to lead poisoning among working painters in its next report and to indicate the statistical method adopted.

8. The Committee further notes that regulation No. 3(b) calls for preventive measures to be taken to prevent danger arising from dust caused by dry rubbing down and scraping without elaborating the types of measures which could be envisaged in this regard. It, therefore, requests the Government to indicate whether any further practical guidelines or instructions exist or are envisaged to assist working painters in determining the measures to be taken in this regard in order to ensure the application of Article 5(I)(c). Furthermore, the Committee notes that regulation No. 4 calls for the Sanitation Offices of the Ministry of Public Health to give necessary instructions to working painters about the adoption of precautionary measures concerning the use of white lead in painting. The Government is requested to provide further information on the types of instructions given and the manner in which working painters are informed of these precautionary measures, in accordance with Article 5(IV).

9. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under point V of the report form.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous observation, the Committee notes with interest the text of the regulations concerning the use of white lead in painting, supplied by the Government with its report. The Committee notes that regulation 7 provides that the regulations will enter into force after being published in the Official Gazette. The Government is requested to provide a copy of the relevant Official Gazette with its next report and to indicate which authorities are to ensure compliance with these regulations. The Committee is raising further comments in a request addressed directly to the Government.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous observation, the Committee notes that a new Labour Code has been adopted and that draft regulations concerning the use of white lead in painting are presently under review in the light of the Convention. The Committee hopes that it will be possible to issue these regulations in the near future and that they will prohibit the use of white lead in the internal painting of buildings in accordance with Article 1 of the Convention and regulate its use in accordance with Article 2, Article 3 (prohibiting employment of males under 18 years of age in any painting work involving the use of white lead), Article 5 (preventive and protective measures) and Article 7 (compilation of statistics as to morbidity and mortality rates with regard to lead poisoning).