Occupational Cancer Convention, 1974 (No. 139) - Lebanon (Ratification: 2000)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), communicated with the Government’s report.

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee notes the Government’s statement in its report that the adoption of the draft law amending the Labour Code has been delayed due to successive political, economic and social crises, including the persistent change of governments. The Committee notes the observations of the CGTL, according to which national labour legislation is interpreted in a way that favours the worker, so that Decree No. 11802 of January 2004 may serve as a reference point following its amendment. In addition, the Committee notes that, in the context of the joint ILO-UNITAR project “Implementation of the GHS, preventing chemical accidents and strengthening occupational safety and health”, a draft national OSH policy had been prepared. The Committee hopes that the Government will be in a position to finalize its labour law reform without delay and in consultation with the social partners and that the new law will address the legislative issues raised in its comments below. The Committee requests the Government to continue to provide information on the measures taken in this regard and to provide information on measures taken to adopt its national OSH policy.

Application in practice and labour inspection. The Committee notes that the joint ILO-UNITAR project “Implementation of the GHS, preventing chemical accidents and strengthening occupational safety and health” was implemented in 2021-22, which led to the development of a national OSH profile in Lebanon, with the technical support of the ILO. The Committee notes that, according to this national OSH profile, the number of routine periodic inspections was 1350 in 2020, 520 in 2021 and 230 in 2022, but there is yet to be a proper system for collecting data and reporting occupational accidents, diseases and fatalities. The Committee refers the Government to its comments adopted in 2024 under the Labour Inspection Convention, 1947 (No. 81).

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 13(d) of the Convention. Required remedial action based on technical findings and medical advice. Following its previous comments on section 38 of Decree No. 11802, which refers to the duties of the enterprise’s physician, the Committee recalls that Article 13(d) of the Convention refers to circumstances in which the employer shall take any necessary remedial action on the basis of technical findings and medical advice. Therefore, the Committee once again requests the Government to take measures, in accordance with Article 13(d), to specify the circumstances in which, because of the nature or degree of the exposure or a combination of both, the employer shall take any necessary remedial action on the basis of technical findings and medical advice.

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Training of workers before their assignment with a view to preventing accidents. Following its previous comments, the Committee notes the Government’s indication that labour inspectors will require employers to train workers who are assigned to move loads manually. The Committee requests the Government to provide further information on the measures taken, in law or in practice, to ensure that such training takes place.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. Following its previous request for information on any list of prohibited products containing benzene, the Committee notes that the Government refers to Resolution No. 5/1 of 12 January 2001 defining environmental requirements to be met for the issuing of licences for the establishment and/or the use of liquid fuel distribution stations. The Committee requests the Government to provide further information on any legislation adopted to prohibit the use of benzene and of products containing benzene in certain work processes, including by providing copies of any list published by the Ministry of Labour, pursuant to section 57 of Decree No. 11802.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee notes the Government’s indication that appropriate instructions for workers exposed to benzene or products containing benzene are only given during labour inspection visits. Considering that labour inspection visits cannot cover all workplaces, the Committee requests the Government to takemeasures to ensure that any worker exposed to benzene or products containing benzene receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning. The Committee requests the Government to provide further information on the measures taken or envisaged in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. Following its previous comments, the Committee takes due note of the information provided by the Government regarding section 1 of Decree No. 14229 of February 2005, which defines occupational cancer and the list of factors causing it, including benzene and asbestos. The Committee also notes the Government’s indication that occupational exposure to the hazardous carcinogenic substances listed under section 1 of Decree No. 14229 shall be prohibited. The Committee requests the Government to provide information on the specific provisions in national legislation which prohibit occupational exposure to the hazardous carcinogenic substances listed under section 1 of Decree No. 14229, and to indicate any measures taken or envisaged to grant exemptions from prohibition by issue of a certificate specifying in each case the conditions to be met.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the Government’s reference to decisions of the Minister for the Environment on the issuance of licenses for establishments, based on environmental conditions. In the absence of additional information on this matter, the Committee once again requests the Government to indicate the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examinations and promotional campaigns concerning asbestos-related activities. Following its previous comments, the Committee notes the information provided by the Government regarding the national legislation adopted which prohibits the import of asbestos. The Committee once again requests the Government to provide information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, as well as on the medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

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

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. Following its previous comments, the Committee notes the Government’s statement that no recent measures have been taken in relation to the provisions of Decree No. 1594 of March 2009, which defines the branches of economic activity excluded from the scope of Convention No. 148. However, according to the Government, the scope of application of Decree No. 8471 of July 2012 on environmental compliance for establishments, extends to certain establishments excluded under Decree No. 1594, namely, the industrial establishments in Categories III, as defined under Decree No. 5243. The Committee requests the Government to continue to indicate any developments regarding the extent to which it proposes to give effect to the Convention in respect of the branches excluded under Decree No. 1594, including on any measures to progressively cover all small and medium-sized enterprises. It once again requests the Government to provide information on consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. Following its previous comments, the Committee notes the Government’s indication that cooperation has been generally established and that there will be cooperation in the implementation of the Convention. The Committee requests the Government to indicate the form and manner of the collaboration between employers and workers at all levels in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. Following its previous comments, the Committee notes the Government’s statement that labour inspectors shall be accompanied, if required, by the competent persons at the establishment. The Committee requests the Government to indicate the measures taken to ensure that such competent persons include representatives of both the employer and workers.

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

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. Following its previous comments, the Committee notes the Government’s indication that workers may appeal to the appropriate bodies of the Ministry of Labour for counsel or file a complaint with the Ministry or the Labour Arbitration Council. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. Following its previous comments, the Committee notes the issuance by the Ministry of the Environment of Act No. 78 of 2018 on air quality protection, but observes that it does not cover air pollution within the work environment. The Committee also notes the information provided by the Government regarding the emission limit values fixed for various air pollutants, contained in the schedule of Decision 1/16 of 2022. The Committee once again requests the Government to indicate the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. Following its previous comments, the Committee notes the provisions requiring the monitoring, evaluation, control and prevention of ambient air pollution, contained in Act No. 78 of 2018 on air quality protection. The Committee also notes that Decree No. 8471 on environmental compliance for establishments, sets out the procedure to obtain three-year environment compliance certificates for establishments, but that such certificates do not appear to be mandatory. The Committee also observes that no information has been provided in relation to the hazards due to vibration. The Committee once again requests the Government to provide information on the measures, in law or in practice, to ensure that the working environment is, as far as possible, kept free from any hazard due to vibration, in accordance with Article 9 of the Convention. Regarding air pollution, the Committee requests the Government to provide further information on the application in practice of technical or organisational measures to ensure that, as far as possible, working environments are kept free from any hazard due to air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. Following its previous comments, the Committee notes the Government’s indication that, where alternative employment is not available, a worker may file a complaint with the Ministry of Labour pursuant to section 50 of the Labour Code. The Committee observes that section 50 of the Labour Code provides for the entitlement to claim an indemnity in the case of a misuse or abuse of the right to terminate an employment contract. The Committee requests the Government to indicate whether additional measures have been taken or are envisaged to maintain the workers’ income through social security measures or otherwise, in cases where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes the Government’s indication that the owner of a plant must inform the Industrial Research Institute of the equipment used and obtain its approval for its operation as well as an annual safety certificate after the Institute has conducted the requisite technical inspections. The Committee requests the Government to indicate the relevant legislative provisions setting out those obligations and to provide information on the application of this notification requirement in practice.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the Government’s indication that research projects are conducted by the Industrial Research Institute and by private and national universities. The Committee takes note of this information, which addresses its previous request.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes the Government’s statement that it faces difficulties in requiring undertakings with less than 15 workers to appoint a physician. The Committee requests the Government to continue to provide information on any measures taken or envisaged to ensure that employers in undertakings with less than 15 workers are required to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. Following its previous comments on the exclusion of certain branches of economic activity from the application of the Labour Code, namely, domestic servants, certain agricultural corporations and municipal or government services, and family concerns employing solely members of the family, the Committee notes the Government’s indication that the protection afforded to those categories of workers is ensured by the specific laws and regulations applicable to those areas of economic activity. The Committee also notes the Government’s indication the OSH duties of persons who employ workers under section 647 of the Obligations and Contracts Act. The Committee takes note of this information, which addresses its previous request.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. Following its previous comments on this issue, the Committee notes the Government’s indication that it follows a commodities classification systems and criteria that are compliant with the international Harmonized System (HS) Codes and cover industrial chemical products. Regarding the obligations of suppliers, the Committee notes the information provided by the Government regarding the adoption of Decision 1/2 of 2022 prohibiting the import of hazardous chemicals in industry, Decision 1/20 of 2021 relating to the submission of applications for initial approval to import dual-use chemicals, and Decision 1/42 stipulating that the Ministry of Industry be informed of the list of HS Codes for goods produced. The Committee requests the Government to provide detailed information on the measures taken to ensure that chemical safety data sheets for hazardous chemicals shall be provided to employers in accordance with Article 8. The Committee requests the Government to indicate the criteria for the preparation of such chemical safety data sheets.

Articles 15(b) and (c), and 16. Responsibilities of employers. Following its previous comments on the responsibilities of employers, the Committee takes due note of the indication of the Government regarding the adoption of Resolution No. 35 of 2022, which makes it mandatory to hire a chemical engineer or certified chemist in factories that use chemicals, both to conduct a preliminary inspection and to establish safety procedures. The Committee once again requests the Government to indicate the measures taken to ensure that employers, in discharging their responsibilities, cooperate as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work, in accordance with Article 16 of the Convention.

Article 19. Responsibility of exporting States. Following its previous comments, the Committee notes the information provided by the Government regarding the list of products subject to export and import restrictions. The Committee requests the Government to indicate the measures taken to ensure that in cases of export of chemicals subject to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Protection in specific branches of activity

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

Article 5 of the Convention. Consultations on measures to give effect to the Convention. In the absence of additional information on this matter, the Committee once again requests the Government to provide information on any progress made in relation to the establishment of the Tripartite Consultative Committee on OSH that had previously been reported by the Government. The Committee requests the Government to provide information on any other measures taken to hold consultations with the representative organizations of employers and workers concerned on measures to give effect to the Convention.

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

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. In its previous comments, the Committee noted the Government’s indication that there are no underground mining activities in Lebanon but that the Convention applies to quarries. In this respect, the Committee notes the Government’s indication that most quarries are not operating on a full-time and formal basis and that a decree needs to be adopted to implement the Convention. The Committee requests the Government to take the necessary measures to give full effect, in law and in practice, to this Convention, and to provide information on the progress made in this regard, including on the tripartite consultations undertaken.

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

Articles 5(5), 7(a), 7(g), 10(a) and (b). Employers’ obligations. The Committee notes that section 7 of the Decree No. 8803 of October 2002 regulating quarries and stone crushing plants requires license applications for quarries. Section 7 of Decree No. 8803 also requires license applications to include information such as maps of the quarry, the equipment of the quarry and the investor’s method of using and storing explosives. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to Articles 7(i) and 8 of the Convention.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation between employers and workers and their representatives. Further to its previous comments, and in the absence of additional information on this matter, the Committee requests the Government to provide information on measures taken or envisaged to give effect to these provisions of the Convention.

Article 10(d).Reporting and carrying out investigations when accidents have occurred. In the absence of additional information in this regard, the Committee once again requests the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12.Two or more employers undertaking activities at the same workplace. In the absence of additional information in this regard, the Committee once again requests the Government to take the necessary measures to give effect to Article 12 of the Convention.

Articles 13. Workers’ rights. In the absence of additional information in this regard, the Committee once again requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 170 (chemicals) and 174 (prevention of major industrial accidents) together.

Impact of conflict on the safety and health of workers. The Committee notes the statement in the Government’s report that ongoing military aggression by Israel has seriously undermined the fundamental principle and right of a safe and healthy working environment, and that this has had grave repercussions for workers, employers and the labour market. The Government refers in this respect to the impact of attacks on civilians and workplaces, including hospitals and medical facilities, the destruction of socio-economic infrastructure, and the use of phosphorus and incendiary bombs on agricultural land. The Government indicates that as a result, thousands of workers and employers have been adversely affected, with a particularly negative impact on migrant workers. The Government also refers to the detonation of pagers and walkie-talkies in September 2024, stating that this impacted thousands of Lebanese civilians working in the vicinity of the explosions. The Government states that these explosions resulted in 32 deaths and injuries to 3,250 persons, including critical injuries to their faces, eyes, hands and bodies.

The Committee recalls that all workers have a right to a safe and healthy working environment. Noting with deep concern the impact on the safety and health of workers of the complex situation in the country, it urges that all necessary measures, as are possible, be taken to protect the safety and health of workers.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. Following its previous comments on this matter, the Committee notes that the Government did not indicate in its report whether it has revised table 2 of Decree No. 11802 of 2004, regarding the organization of prevention, safety and professional hygiene, which sets the dose limit to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to take measures to ensure that the dose limits to the lens of the eye are set at 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. In the absence of information on any developments in this regard, the Committee refers to paragraph 33 of its 2015 general observation on the application of Convention No. 115 and urges the Government to take measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1) and (2), and 8. Dose limits for persons between 16 and 18 years. Following its previous comments on this issue, the Committee notes that the Government has not provided information on any legislative developments fixing specific dose limits for workers engaged in radiation work between the ages of 16 and 18, which is allowed pursuant to Annex 2 of Decree No. 8987 of 2012. The Committee once again refers to its 2015 general observation on the application of Convention No. 115, recalling that, for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (i) an effective dose of 6 mSv in a year; (ii) an equivalent dose to the lens of the eye of 20 mSv in a year; and (iii) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee urges the Government to take the necessary measures to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work. The Committee requests the Government to provide information on the progress made in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 2 of the Convention. Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. Limiting the number of workers exposed to carcinogenic substances. Following its previous comments on this matter, the Committee notes the Government’s indication that the Ministry of Public Health has launched the National Cancer Control Plan 2023–28, which includes awareness-raising about occupational hazards and cancer, and the drafting or amendment of regulations to limit exposure for individuals at risk. The Committee requests the Government to provide information on any legislative developments in this regard, including on any legislation requiring carcinogenic substances and agents to which workers may be exposed in the course of their work to be replaced by non-carcinogenic substances or agents or by less harmful substances or agents.Taking note of the Government’s indication that no additional measures have been taken in this regard, the Committee also requests the Government to take measures to ensure that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure shall be reduced to the minimum compatible with safety.

Article 5. Medical examinations. The Committee notes the Government’s indication that, in the absence of a national OSH Committee, no measures have been considered for identifying hazardous substances that cause occupational cancer. Therefore, the Committee once again urges the Government to take the necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Chemicals Convention, 1990 (No. 170)

Articles 3 and 4 of the Convention. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. Following its previous comments, the Committee notes with concern the Government’s statement that it has not formulated a policy on safety and health in the use of chemicals. The Committee recalls that, in accordance with Article 4, in the light of national conditions and practice and in consultation with the most representative organizations of employers and workers, each Member shall formulate, implement and periodically review a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to take the necessary measures toformulate, implement and periodically review a coherent policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers. The Committee recalls that the Government may avail itself of ILO technical assistance in this regard.

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

Article 4 of the Convention. Coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments requesting the Government to take measures to give effect to this Convention in consultation with the most representative organizations of employers and workers, the Committee recalls with deep concern that on 4 August 2020, a stockpile of ammonium nitrate stored in a port warehouse in Beirut exploded, killing more than 200 people and wounding more than 7,000 according to statistics from the Office of the United Nations High Commissioner for Human Rights. The Committee recalls that, in accordance with Article 3 of the Convention, a major hazard installation covers installations that store hazardous substances or categories of substances in quantities which exceed the threshold quantity. In this respect, the Committee notes with regret that the Government has, once again, not provided information on any specific measures taken to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, in accordance with Article 4 of the Convention. The Committee notes that in the context of the joint ILO–UNITAR project “Implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), preventing chemical accidents and strengthening occupational safety and health”, implemented in 2021–22, a national OSH profile and draft national OSH policy have been prepared for Lebanon. The Committee urges the Government to take the necessary measures as a matter of urgency, in consultation with the most representative organizations of employers and workers, to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents and to ensure a full application of the Convention in the near future. The Committee requests the Government to provide detailed information on the measures taken and the progress made in this regard.

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

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

The Committee notes with concern 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

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

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

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

A.Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

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

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

Maximum Weight Convention, 1967 (No. 127)

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

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

Benzene Convention, 1971 (No. 136)

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

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

Occupational Cancer Convention, 1974 (No. 139)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chemicals Convention, 1990 (No. 170)

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

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

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

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

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

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

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

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

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

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

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

B.Protection in specific branches of activity

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

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

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

Maximum Weight Convention, 1967 (No. 127)

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

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

Benzene Convention, 1971 (No. 136)

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

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

Occupational Cancer Convention, 1974 (No. 139)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chemicals Convention, 1990 (No. 170)

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

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

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

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

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

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

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

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

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

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

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

B. Protection in specific branches of activity

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

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

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

Maximum Weight Convention, 1967 (No. 127)

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

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

Benzene Convention, 1971 (No. 136)

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

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

Occupational Cancer Convention, 1974 (No. 139)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chemicals Convention, 1990 (No. 170)

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

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

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

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

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

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

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

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

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

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

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

B. Protection in specific branches of activity

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes with regret 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

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes that, as a result of the work of the joint body set up to issue a national list of occupational diseases, Decree No. 14229 of 26 February 2005 relating to occupational diseases was promulgated and that a copy of this decree was joined to the Government’s report. The Committee notes, however, that this decree does not regulate the question of a periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or subjected to authorization or control as required by this Article of the Convention. The Committee reiterates its request to the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by this Article of the Convention.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that, in line, inter alia, with legislation prohibiting the import of asbestos products and according to Report No. 561/4 of 13 July 2009 of the inspectorate of prevention and occupational safety, eternit was replaced by PVC in the manufacture of pipes. The Committee requests the Government to continue to provide information and examples of measures taken to apply national legislation concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

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

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the information indicating that medical records of all workers at undertakings where there is exposure to chemical and other carcinogenic substances or agents are required to be kept, including all medical files which exceed 30 years. The Committee further notes that the Government has no information on measures to protect workers against exposure in undertakings whose activity includes exposure to ionized radiation. The Committee requests the Government to provide detailed examples of measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes the information provided by the Government indicating that there are several small companies that use asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities, as mentioned by the Government in its previous report, but that the Government has no information on the number of such companies, nor the number of workers employed. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

Article 5. Medical examinations. The Committee notes that the Government has not provided a response to the Committee’s query under Article 5. The Committee therefore reiterates its request that the Government provide detailed information on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

Article 6. Labour inspection. The Committee notes that the Government has not included a copy of the latest reports of the labour inspection services, nor information on the manner in which the Convention is applied. The Committee therefore reiterates its request that the Government provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention; and give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

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 comments.

Repetition

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes that, as a result of the work of the joint body set up to issue a national list of occupational diseases, Decree No. 14229 of 26 February 2005 relating to occupational diseases was promulgated and that a copy of this decree was joined to the Government’s report. The Committee notes, however, that this decree does not regulate the question of a periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or subjected to authorization or control as required by this Article of the Convention. The Committee reiterates its request to the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by this Article of the Convention.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that, in line, inter alia, with legislation prohibiting the import of asbestos products and according to Report No. 561/4 of 13 July 2009 of the inspectorate of prevention and occupational safety, eternit was replaced by PVC in the manufacture of pipes. The Committee requests the Government to continue to provide information and examples of measures taken to apply national legislation concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

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

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the information indicating that medical records of all workers at undertakings where there is exposure to chemical and other carcinogenic substances or agents are required to be kept, including all medical files which exceed 30 years. The Committee further notes that the Government has no information on measures to protect workers against exposure in undertakings whose activity includes exposure to ionized radiation. The Committee requests the Government to provide detailed examples with its next report on measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes the information provided by the Government indicating that there are several small companies that use asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities, as mentioned by the Government in its previous report, but that the Government has no information on the number of such companies, nor the number of workers employed. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

Article 5. Medical examinations. The Committee notes that the Government has not provided a response to the Committee’s query under Article 5. The Committee therefore reiterates its request that the Government provide detailed information with its next report on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

Article 6. Labour inspection. The Committee notes that the Government has not included a copy of the latest reports of the labour inspection services, nor information on the manner in which the Convention is applied. The Committee therefore reiterates its request that the Government provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention; and give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes with interest that, as a result of the work of the joint body set up to issue a national list of occupational diseases, Decree No. 14229 of 26 February 2005 relating to occupational diseases was promulgated and that a copy of this decree was joined to the Government’s report. The Committee notes, however, that this decree does not regulate the question of a periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or subjected to authorization or control as required by this Article of the Convention. The Committee reiterates its request to the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by this Article of the Convention.

Article 2, paragraph 1. Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that, in line, inter alia, with legislation prohibiting the import of asbestos products and according to Report No. 561/4 of 13 July 2009 of the inspectorate of prevention and occupational safety, eternit was replaced by PVC in the manufacture of pipes. The Committee requests the Government to continue to provide information and examples of measures taken to apply national legislation concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2, paragraph 2. Limiting the number of workers exposed to carcinogenic substances. The Committee further notes the information indicating that no measures have been taken with regard to reducing the number of workers exposed to carcinogenic substances or agents. The Committee requests the Government to provide information on measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the information indicating that medical records of all workers at undertakings where there is exposure to chemical and other carcinogenic substances or agents are required to be kept, including all medical files which exceed 30 years. The Committee further notes that the Government has no information on measures to protect workers against exposure in undertakings whose activity includes exposure to ionized radiation. The Committee requests the Government to provide detailed examples with its next report on measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6, subparagraph (a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes the information provided by the Government indicating that there are several small companies that use asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities, as mentioned by the Government in its previous report, but that the Government has no information on the number of such companies, nor the number of workers employed. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

Article 5. Medical examinations. The Committee notes that the Government has not provided a response to the Committee’s query under Article 5. The Committee therefore reiterates its request that the Government provide detailed information with its next report on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

Article 6. Labour inspection. The Committee notes that the Government has not included a copy of the latest reports of the labour inspection services, nor information on the manner in which the Convention is applied. The Committee therefore reiterates its request that the Government provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention; and give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 2 of the Convention. Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes with interest that section 46 of the newly adopted Decree No. 11802 of 2004 ensures that dangerous chemical products shall be replaced with non-dangerous or less dangerous products. The Committee requests the Government with its next report to provide examples on carcinogenic substances or agents that have been replaced by non-carcinogenic or less harmful substances or agents. It also asks the Government to provide information on measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

3. Article 3. Measures taken to protect workers against exposure and appropriate system of records. The Committee notes that section 20 of Decree No. 11802 of 2004 provides that necessary precautions must be taken to protect workers against risks of exposure to chemical products and section 21 provides that employers must keep records of all workers exposed to ionizing radiation. The Committee requests the Government to provide detailed examples with its next report on measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace. It also asks the Government to provide information on the manner in which employers keep records of workers who are exposed to other carcinogenic substances or agents than ionizing radiation at work.

4. Articles 3, 4, 5, and 6, paragraph (a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes with interest the specific measures taken as regards asbestos-related activities including Decision No. 191/1 of 8 October 1997 requiring that enterprises producing cement in Lebanon keep medical records for a time period of 30 years after the employment was terminated as well as the Government’s reference to the mandatory prevention programme applicable to asbestos-related activities including the activities of enterprises such as Eternet-Company Shaka. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

5. Article 5. Medical examinations. The Committee notes that section 38 of Decree No. 11802 of 2004 ensures that all workers shall undergo medical examinations and that in addition, workers involved with chemical products shall undergo periodical laboratory tests. The Committee requests the Government to provide detailed information with its next report on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

6. Article 6. Labour inspection. The Committee notes the Government’s statement that it is the Ministry of Environment and the Ministry of Public Health that ensure the application of this Convention through the labour inspection services. It requests the Government to provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s reports and the attached legislation.

2. Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code and Decree No. 135/1 of 10 August 2004 constituting a national committee to establish a list of dangerous chemical substances and carcinogenic chemical substances. The Committee notes that section 23 of Decree No. 11802 provides, inter alia, that the Ministry of Labour shall adopt decisions to organize safety at the workplace with respect to methods of work, materials and factors of exposures to be banned, limited or submitted for approval by the Minister, taking into account risks resulting from two or more substances or agents simultaneously. As regards the national committee established pursuant to Decree No. 135/1, the Committee notes that the Government reports that it has not yet been established, but that through this Committee the Government intends to take appropriate action to promote the application of the Convention. The Committee hopes that this committee soon will become operational and that, in the context of the determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization, due account will be taken of codes of practice or guides published by the ILO in the light of current scientific knowledge such as Occupational cancer: Prevention and control, second revised edition, Occupational Safety and Health Series, No. 39, Geneva, 1989. The Committee requests the Government to provide detailed information on measures taken or envisaged to establish a list of dangerous carcinogenic substances and agents, including providing it with a copy of such a list once it has been adopted, as well as information on promotional measures taken or envisaged by the committee to establish a list of dangerous chemical substances and carcinogenic chemical substances to ensure a full application of the Convention.

3. The Committee is raising certain other points in a request addressed directly to the Government.