Benzene Convention, 1971 (No. 136) - Nicaragua (Ratification: 1981)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 115 (radiation), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 139 (occupational cancer) together.

Application in practice of Conventions Nos 13, 115, 119, 127, 136 and 139.The Committee notes the general and sectoral information provided by the Government in its report on the number of violations identified during inspections and follow-up inspections, as well as the corrective action taken by them in respect of occupational safety and health conditions between 2018 and the first semester of 2021. The Committee requests the Government to continue providing information on the application in practice of the ratified occupational safety and health Conventions, including the number, nature and cause of occupational accidents and diseases notified, and information on the inspection activities and violations identified, as well as the penalties imposed.

A.Protection against specific risks

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

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. The Committee notes that the Government indicates in its report that there are no recorded cases of lead poisoning in the Ministry of Health statistics, and that no cases of lead poisoning have been recorded in Nicaragua since the end of the 1980s. While noting the Government’s statement that workers at risk of lead poisoning are treated and diagnosed by clinics attached to the National Social Security Institute, the Committee requests the Government to continue providing information on all cases of lead poisoning recorded.

2.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. The Committee notes the Government’s indication that the clauses governing purchase, sale, transfer and hiring of machines are established by the persons carrying out these operations in accordance with trade, commercial and civil law.

With respect to the protective guards over dangerous parts of machinery, the Committee notes that the provisions of The Ministerial Standard on Basic Occupational Safety and Health Provisions Applicable to Electrical Installations and Equipment of 1999, facilitated by the Government, on the design of and protection provided on machines for lifting and conveying, are referenced in sections 43 (switch requirement), 44 (polarization requirement) and 45 (grounding conductor requirement). While noting the Government’s indications regarding trade, commercial and civil law, the Committee requests the Government to indicate the specific relevant provisions in these laws that prohibit the sale, hire, transfer in any manner and exhibition of machinery of which the dangerous parts are without appropriate guards, in conformity with Article 2(1) and (2) of the Convention.

Article 15. Appropriate inspection services and penalties. With reference to its previous comments, the Committee notes the provisions on safety requirements for lifting and conveying machinery established in sections 19, 20, 21 (requirements for the use of lifting machines), 46, 47, 48 (verification of the good condition of the machinery) and 49 (safety of lifting equipment and its operation) of the Ministerial Standard of 1999, and in sections 3.1.7 (separation between machines) and 3.4.1 (requirements for the operation of hoisting apparatus) of the Technical Guide on Health and Safety Inspection. The Committee takes note of this information, which addresses its previous request.

3.Maximum weight Convention, 1967 (No. 127)

Article 7 of the Convention. Young persons and women. With regard to its earlier comments, the Committee notes the Government’s indication that compliance with Ministerial Agreement No. JCHG-08-06-10, of 2010, on the prohibition of hazardous work for young persons and the list of types of hazardous work, of which paragraph (e) prohibits physical loads for children under the age of 18 years, is ensured through the implementation, evaluation and monitoring of special care programmes for young workers. The Government reports that to protect the rights of young workers, compliance with the Ministerial Agreement is monitored by the Departmental Labour Inspectorate. Section 1 of the Ministerial Decision provides that inspectors shall be empowered to take cognizance of violations and impose penalties in conformity with the provisions of Section 6 of Act No. 474 of 2003 amending Chapter VI, part one, of the Labour Code.

The Committee further notes that the Government reports on the formulation, in April 2018, of a Decision of the National Occupational Safety and Health Council – pending publication – which establishes the maximum weights recommended for men and women (section 16) and prohibits workers under the age of 18 years from the manual transport of loads the weight of which involve physical effort and activity beyond the worker’s psychophysical strength (section 24). The Government indicates that the said Decision amends the Ministerial Decision on Occupational Safety and Health of 2002 with respect to the maximum load that can be transported manually by a worker. The Committee requests the Government to indicate whether the Decision of the National Occupational Safety and Health Council, amending the Ministerial Decision on Occupational Safety and Health as regards the maximum load that can be transported manually by a worker, has been published and is now in force. Regarding the assignment of young workers to the manual transport of loads, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

4.Benzene Convention, 1971 (No. 136)

Articles 2 and 4 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reports that while the use of benzene is not currently restricted or prohibited, the only use of benzene approved by the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) is for chemical analysis in laboratories. The Government adds that in order to import benzene, the enterprise or natural person must be registered and hold a valid importer’s licence with the CNRCST and must also complete an importation permit each time the product enters the country. The Committee further notes that the Government reports that it does not have a list of work in which the use of benzene is prohibited. While taking note of the information provided by the Government on the use of benzene for the sole purpose of chemical analysis carried out in laboratories and with reference to its comments on Article 2 of the Occupational Cancer Convention, 1974 (No. 139), the Committee requests the Government to provide information on the measures taken to ensure the adoption of laws and regulations that guarantee the prohibition of the use of benzene or products containing benzene in certain work, and that the prohibition includes the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). With reference to its earlier comments on the measures adopted to ensure that the concentration of benzene in the air of places of employment does not exceed the maximum ceiling, the Committee notes that the Government refers to section 114 of Act No. 618 of 2007, the General Occupational Safety and Health Act, which establishes the obligation to assess occupational health hazards for workers in places of employment. The Committee observes that under section 144 of Act No. 618 of 2007, such assessment shall be undertaken at least once yearly, and shall be updated in various cases, for example when there are changes in processes, or in the choice of chemicals and other substances, affecting the degree of exposure of the workers to such agents. The Committee also notes that section 130 of Act No. 618 of 2007 provides that where the maximum ceiling is exceeded, the employer shall rectify the installations or adopt the necessary technical measures to eliminate or reduce the chemical contaminants in the workplace. The Committee takes note of this information, which addresses its previous request.

Article 14(a) and (b). Measures necessary to give effect to the Convention. Authorities responsible for ensuring compliance. The Committee notes the information provided by the Government on the measures adopted by the CNRCST. It notes that Act No. 941 of 2016, establishing the National Commission for the Registration and Monitoring of Toxic Substances, which abrogates Decree No. 04-2014 of 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances, mandates the CNRCST to undertake the regulation of chemical substances for industrial use such as benzene, and to formulate policies, action and activities related to the appropriate handling of chemical substances, for the purpose of monitoring and preventing diseases caused by exposure to hazardous and toxic substances (Article 4).

The Committee also notes that the CNRCST has an inspection unit which is responsible for undertaking inspections of laboratories that use benzene in various chemical analyses. The Committee requests the Government to indicate the regulations adopted in respect of benzene and products containing benzene, as well as the policies, action and activities concerning benzene since the creation of the National Commission for the Registration and Monitoring of Toxic Substances, under Act No. 941 of 2016.

5.Occupational Cancer Convention, 1974 (No. 139)

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. With reference to its previous comments, the Committee notes that the Government indicates that the prohibition or restriction of agricultural, domestic and professional pesticides is effected through a thorough assessment of their environmental, sanitary and agricultural effects and of those of substitute substances, carried out by the CNRCST. The Government adds that the decision to prohibit or restrict is made public by announcement in the Official Gazette.

With regard to measures for the protection of workers, the Committee notes that the CNRCST undertakes surveillance and control of enterprises that use potentially carcinogenic substances and chemicals in general. The Committee notes, in response to its previous comments regarding the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances, that the Government reports that the Registry is still operating, under the aegis of the CNRCST, which has been monitoring authorized industrial chemical substances since 2014. While taking note of the procedure for the prohibition and restriction of pesticides, the Committee requests the Government to indicate the decisions determining the carcinogenic substances or agents for which exposure at work is prohibited or subject to authorization or control. The Committee also requests the Government to continue providing information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, as well as on the development and operation of the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances with regard to workers exposed to carcinogenic substances.

Article 2(2). Duration and degree of exposure. With reference to its previous comments, the Committee notes that the Government provides no information on the provisions concerning the exposure limit values established by the Ministry of Labour in conformity with section 129 of Act No. 618 of 2017, the General Occupational Safety and Health Act. The Committee urges the Government to provide detailed information on the provisions concerning the exposure limit values established by the Ministry of Labour under the abovementioned section 129.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. With reference to its previous comments, the Committee notes the obligations concerning workers’ training set out in the following sections of Act No. 618 of 2007: 19 (information provided through training programmes), 20 (frequency of the programmes), 21 (content of the programmes), 22 (qualifications of persons responsible for the training activities), and 176 (information on the hazards of application and use of pesticides and chemical substances). The Committee takes note of this information, which addresses its previous request.

B.Protection in specific branches of activity

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

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 136: direct requestPrevious comment on Convention No. 139

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 139 (occupational cancer) together.

Protection against specific risks

1.Benzene Convention, 1971 (No. 136)

Article 8 of the Convention. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. With reference to its previous comments, the Committee notes the Government’s indication that workers have adequate means of personal protection at their disposal, which reduces the risk of occupational exposure. In this connection, the Committee notes that sections 137 and 138 of Act No. 618 of 2007, provide that work clothing and personal protective equipment shall be adequate and ensure effective protection.

With reference to its earlier comments on the obligation of the employer to limit the duration of workers’ exposure to concentrations of benzene which exceed the maximum limit, the Committee notes with regret that the Government has failed to respond to the request that the Committee has been formulating for several years. The Committee therefore urges the Government to take the necessary measures in the near future to guarantee that the duration of workers’ exposure to concentrations of benzene in the air of places of employment that exceed 25 parts per million (80 mg/m3) is limited, in accordance with Article 8(2) of the Convention.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. With regard to its previous comments, the Committee notes the Government’s indication that, given the existence of specific legal standards to protect working conditions of pregnant women and nursing mothers, this category of workers is not prohibited from working. The Government adds that pregnant women and nursing mothers are monitored and supervised by the General Directorate of Occupational Safety and Health, the General Labour Inspectorate, the Ministry of Health, the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) and the Nicaraguan Social Security Institute. The Committee urges the Government, once again, to take the necessary measures to ensure that women medically certified as pregnant, and nursing mothers are not employed in work processes involving exposure to benzene or products containing benzene and to provide information on the specific measures adopted in this respect.

2.Occupational Cancer Convention, 1974 (No. 139)

Article 2(1). Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents. With reference to its previous comments, the Committee observes that the Government provides general information on the process of authorization, restriction, prohibition and registration of chemical substances, which includes thorough toxicological assessments of their environmental, sanitary, agricultural, and domestic effects and those of substitute substances, carried out by the CNRCST, but makes no reference to the replacement of carcinogenic substances or agents by non-carcinogenic or less harmful substances or agents. While noting that the Government indicates that the CNRCST is mandated to regulate chemical substances, pesticides and other toxic substances, the Committee urges the Government to adopt the necessary measures to identify the carcinogenic substances and agents that must be replaced and to take the steps required for their replacement within the framework of the CNRCST or any other institution competent in the matter.

Article 5. Medical examinations during or after employment. The Committee notes that sections 23 to 27 of Act No. 618 of 2007, the General Act on Occupational Safety and Health, provide for medical examinations before and during employment but do not include the post-employment examinations required by the Convention. The Committee requests the Government to adopt measures to ensure that such medical examinations, or investigations of a biological or other nature, as may be required to assess workers’ exposure or state of health in respect of occupational hazards are provided following a period of employment.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the Government’s indication that it has adopted Decree No. 04-2014, published on 11 February 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances. The Committee refers in more detail to this new Commission in its comments on the Occupational Cancer Convention, 1974 (No. 139). The Committee requests the Government to provide information on the measures taken by the new Commission to give effect to the present Convention.

Article 2 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. In relation to its previous comments, the Committee notes that the Government again refers to section 18 of Act No. 618 with regard to employers’ obligations. The Committee reminds the Government that Article 2 of the Convention is more specific and refers not to employers’ obligations but to the Government’s obligation to take measures to ensure that harmless or less harmful substitute products are used instead of benzene. The Committee requests the Government to take the necessary measures to ensure that harmless or less harmful substitute products are used instead of benzene and to provide information on this matter.

Furthermore, the Committee notes with regret that the Government does not reply, in its brief report, to the points raised by the Committee in its previous comment. The Government refers to the setting up of the new National Commission for the Registration and Monitoring of Toxic Substances, resulting in changes to the legislation. The Committee emphasizes that the appointment of a commission to reform the legislation does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. The Committee is therefore bound to reiterate a substantial part of its previous comment, which read as follows:

Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. The Committee notes that the Government’s report refers once again to Basic Act No. 274 respecting the handling and control of pesticides and toxic, hazardous and other similar substances. Noting that this legislation contributes to the application of this Article of the Convention, the Committee nevertheless observes that the processes in which the use of benzene and of products containing benzene are prohibited need to be determined clearly and it once again requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on this subject.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). The Committee notes that section 129 of Act No. 618 empowers the General Directorate of Occupational Safety and Health to use as a reference for inspections the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to indicate the measures adopted to ensure that the concentration of benzene in the air in places of employment does not exceed this ceiling.

Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the reference made by the Government in its report to laws and regulations of a general nature which contain provisions requiring the employer to provide free of charge and the worker to use personal protection equipment in workplaces where risks are inevitable and cannot be limited. The Committee once again requests the Government to indicate the laws or regulations which establish the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that the Government reiterates its reference to section 140 of the Labour Code, which provides that “the continued employment of a women who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. The Committee reiterates its previous comments in which, taking into account that this provision is too general in nature and that, to give full effect to this Article, it needs to be specified by another provision, it requests the Government to adopt measures to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene, and to provide information on this subject.

Application of the Convention in practice. The Committee notes the information provided by the Government on labour inspection, but that it does not specify whether such inspections are related to the Convention. The Committee requests the Government to indicate the inspections related to the Convention, the contraventions reported and the measures taken as a result.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. In its previous comments, the Committee requested a detailed report of the application of the Convention. The Committee notes the Government’s brief report which, although providing certain information, does not enable it to gain an overall vision of the application of the Convention in law and in practice. The Committee notes the Government’s indication that section 18(5) of the General Occupational Safety and Health Act provides that the employer shall be under the obligation to replace whatever is dangerous by what involves little or no danger. Noting that this legislation contributes to the application of this provision of the Convention, the Committee nevertheless observes that this Article requires the adoption of effective replacement measures. The Committee once again requests the Government to take the necessary measures to give effect to this Article and to provide information on the subject.

Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. The Committee notes that the Government’s report refers once again to Basic Act No. 274 respecting the handling and control of pesticides and toxic, hazardous and other similar substances. Noting that this legislation contributes to the application of this Article of the Convention, the Committee nevertheless observes that the processes in which the use of benzene and of products containing benzene are prohibited need to be determined clearly and it once again requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on this subject.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (u 80 mg/m3). The Committee notes that section 129 of Act No. 618 empowers the General Directorate of Occupational Safety and Health to use as a reference for inspections the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to indicate the measures adopted to ensure that the concentration of benzene in the air in places of employment does not exceed this ceiling.

Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the reference made by the Government in its report to laws and regulations of a general nature which contain provisions requiring the employer to provide free of charge and the worker to use personal protection equipment in workplaces where risks are inevitable and cannot be limited. The Committee once again requests the Government to indicate the laws or regulations which establish the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that the Government reiterates its reference to section 140 of the Labour Code, which provides that “the continued employment of a women who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. The Committee reiterates its previous comments in which, taking into account that this provision is too general in nature and that, to give full effect to this Article, it needs to be specified by another provision, it requests the Government to adopt measures to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene, and to provide information on this subject.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on labour inspection, but that it does not specify whether such inspections are related to the Convention. The Committee requests the Government to indicate the inspections related to the Convention, the contraventions reported and the measures taken as a result.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee refers to its comments on the application of the Occupational Cancer Convention, 1974 (No. 139), with regard to the General Occupational Safety and Health Act of 2007. As already indicated in comments under other occupational safety and health Conventions, this Act establishes a favourable framework for facilitating the application of the Conventions in this area. However, each of these Conventions have their own specific features. The Committee notes that the Government has not replied to the Committee’s last comments formulated in 2006. The Committee therefore requests the Government to provide a detailed report on the provisions of the national legislation which give legislative expression to the Convention and on its application in practice, and requests the Government to include in the detailed report a reply to the questions asked by the Committee in 2006.

[The Government is asked to report in detail in 2011.]

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

The Committee notes the information contained in the Government’s report. Its notes in particular the information on the application of Articles 9, 10 and 11, paragraph 2, of the Convention.

1. Article 14, paragraph (a), of the Convention. Obligation to take, by laws or regulations or any other method consistent with national practice and conditions, such steps as may be necessary to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes that no information is included in the Government’s report on the adoption of regulations on benzene in accordance with Article 14. In its report, the Government confines itself to acknowledging that the adoption of regulations on benzene would make it possible to give full effect to the provisions of the Convention and it expresses the hope that this obligation will be fulfilled in future. The Committee recalls that there have been no specific legislative provisions since the ratification of the Convention to give effect to its requirements and it requests the Government to provide information in its next report on the progress achieved in this respect.

2. Article 2. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Noting once again the Government’s acknowledgement in its report of the need to adopt regulations on benzene to give effect to this provision, the Committee requests the Government to indicate the measures that have been adopted to ensure that, whenever they are available, harmless or less harmful substitute products are used instead of benzene or products containing benzene.

3. Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. As the Government’s report does not contain any information in response to its previous comments, the Committee requests the Government to indicate the national laws or regulations which specify the work processes in which the use of benzene and of products containing benzene is prohibited.

4. Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (u 80 mg/m3). The Committee notes that the General Directorate of Occupational Safety and Health has an environmental measurement laboratory which detects the presence of benzene and its derivatives from samples taken at the workplace. The Committee requests the Government to indicate the text determining the maximum concentration level and the necessary measures to ensure that the concentration of benzene in the air of places of employment does not exceed this ceiling value.

5. Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the Government’s reference in its report to the laws and regulations of a general nature containing provisions on the obligation of employers to provide free of charge and of workers to use personal protective equipment in workplaces where risks are inevitable or cannot be limited. The Committee requests the Government to indicate the laws or regulations which established the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

6. Article 11, paragraph 1. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes the Government’s reference in its report to section 140 of the Labour Code, which provides that “the continued employment of a woman who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. Noting that this provision is of too general a nature and that, to give full effect to this Article, it needs to be specified by another provision, the Committee requests the Government to indicate the measures adopted to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene.

7. Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, as well as summaries of inspection reports, statistical information, including data on the number of workers covered, disaggregated by gender if possible, and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government indicating that it is committed to preparing regulations on benzene, based on the Act respecting the handling and control of pesticides and dangerous toxic substances, approved in 1998 by the National Assembly. The Committee recalls that there has been no specific legislation giving effect to the Convention since its ratification. It once again hopes that the Government will take the necessary measures as soon as possible to prepare the announced regulations with a view to giving effect to the provisions of the Convention.

The Committee hopes that the Government's next report will indicate that the regulations on benzene have been adopted and that they will give effect to the following provisions of the Convention, in accordance with Article 14, paragraph 2 (use of harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (prohibition of the use of benzene and of products containing benzene in certain work processes, including their use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (the concentration of benzene in the air not to exceed a maximum of 25 parts per million (80 mg/m3)), Article 8 (provision of adequate means of personal protection and limitation of the duration of exposure to levels of benzene concentration above the maximum limit), Articles 9 and 10 (pre-employment and periodic medical examinations) and Article 11 (prohibition of the employment of pregnant women and nursing mothers, as well as young persons under 18 years of age, in work processes involving exposure to benzene).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's latest report and the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993. The Government has indicated that this Resolution will provide a legal framework within which other specific aspects of occupational safety and health can be regulated and recalls that section 3, paragraphs 1 and 2 of the Resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks.

The Committee would recall that, since its ratification, no provisions have existed to give effect to the Convention. In its report for 1987, the Government had declared that special inquiries were being carried out with a view to adopting safety measures specifically for the prevention of risks of intoxication by benzene. The Committee hopes, therefore, that the specific measures necessary to the application of the Convention will be taken in the very near future, in accordance with Article 14 of the Convention.

The Committee once again expresses the hope that the Government will be able to indicate in its next report that measures have been taken to ensure, in particular, the application of the following Articles of the Convention: Article 2 (the substitution of harmless or less harmful products to replace benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene which exceed the maximum limit), Articles 9 and 10 (pre-employment and periodic medical examinations), and Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments it has been making for several years, the Committee noted that no provisions existed to give effect to the Convention. In 1988, the Committee had taken note of the Government's indication that special inquiries were being carried out with a view to adopting safety measures for the prevention of risks of intoxication by benzene and requested the Government to supply information on the progress made in this regard. In its latest report, the Government has made reference to difficulties faced by the country in the last 13 years which have hindered the implementation of national occupational safety and health programmes. The Government adds, however, that the General Directorate of Occupational Safety and Health has just begun a series of actions aimed at identifying risk situations and establishing measures of control and that the Ibero-American Institute of Co-operation has begun to assist the Government in the drafting of Ministerial resolutions and agreements to regulate certain aspects of safety and health, taking into account the Committee of Experts' comments. The Committee hopes, therefore, that the Government will take the necessary measures in the very near future to ensure the application of the provisions of this Convention, as called for in Article 14 of the Convention.

In particular, the Committee reiterates its hope that the Government will be able to indicate in its next report the measures taken to ensure the application of the following Articles of the Convention: Article 2 (the use of available harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene exceeding the maximum), Articles 9 and 10 (pre-employment and periodic medical examinations), Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).

[The Government is requested to report in detail for the period ending 30 June 1993.]

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

In comments it has been making for several years now, the Committee noted that no provisions existed to give effect to the Convention. In 1988, the Committee took note of the Government's indication that special inquiries were being carried out with a view to adopting safety measures for the prevention of risks of intoxication by benzene and requested the Government to supply information on the progress made in this regard. In its latest report, the Government indicates that no change has occurred since its previous report and makes no mention of the status of these special inquiries. The Committee, therefore, urges the Government to take the necessary measures by laws or regulations or any other method to ensure the application of the provisions of this Convention, as called for in Article 14 of the Convention.

In particular, the Committee hopes that the measures necessary to ensure the application of the following Articles of the Convention will be taken in the near future: Article 2 (the use of available harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene exceeding the maximum), Articles 9 and 10 (pre-employment and periodic medical examinations), Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).

[The Government is requested to provide a detailed report for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. The Committee takes note of the Government's reply to its previous comments, which indicates that special inquiries are being carried out with a view to adopting safety measures in the very near future for the prevention of risks of intoxication by benzene. Since no provisions yet exist in laws or regulations to give effect to the Convention, the Committee trusts that the necessary measures announced by the Government will be adopted shortly, in accordance with Article 14(a) of this Convention.

The Committee requests the Government to supply information on progress made in this connection in its next report.