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C.167
Previous comment on Conventions Nos 136 and 162
Previous comment on Convention No. 167: Direct request
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments, and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).
Article 9. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 9 of the Convention. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
1. The Committee notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).
2. Article 9 of the Convention. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.
1. The Committee notes the information contained in the Government’s report according to which the Environmental Directorate of the Ministry of Hydrocarbons is a government body responsible for ensuring the adoption of measures to prevent the risk of exposure to benzene. It also notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).
2. Article 9. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.
[The Government is asked to reply in detail to the present comments in 2007.]
1. The Committee notes that the Government does not reply to the comments it has formulated in its previous observation. The Committee nevertheless notes the Government’s indication that it is not in a position to provide the information requested by the Committee and which is required under the report form to the Convention, since the General Direction of Occupational Hygiene and Welfare, responsible for carrying out inspections in industrial enterprises, does not dispose of this information. This is due to the fact that the necessary inspections have not been carried out in the designated industries because of shortcomings in technical material to measure the emission of benzene.
2. Taking due note of the Government’s indications, the Committee ventures to remind the Government that its previous observation concerned the necessity to adopt the necessary measures to apply the provisions of the Convention, for no measures have been adopted yet concerning the protection of workers against the hazards of poisoning arising from their exposure to benzene. The Committee accordingly once again draws the Government’s attention to the need to adopt measures in order to give effect to the main provisions of the Convention, in particular: Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene in certain work processes at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or there are other equally safe methods); Article 6, paragraphs 1, 2, and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (work processes involving the use of benzene or of products containing benzene shall, as far as practicable, be carried out in an enclosed system); Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee trusts that the Government will take the necessary measures in the near future to give effect to the provisions of the Convention.
3. Article 9. The Committee noted in its previous comments that the draft regulations concerning medical services included, as part of the general routine, medical examinations prior to employment, during employment and thereafter. To the Committee’s understanding, the medical examinations the Government referred to were not provided for under specific legislation, but were carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalled the Government that this Article of the Convention requires specific medical examinations prior to employment and periodically thereafter for all workers to be employed in work processes involving exposure to benzene or products containing benzene, to assess their fitness for such employment. The Committee, in absence of any further information provided by the Government in this respect, requests the Government to indicate whether the draft regulations concerning medical services have been adopted in the meantime, and, if so, to indicate whether the provisions contained in the draft regulations have been aligned in a manner to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention.
The Committee urges the Government to adopt the necessary measures, without any further delay, to give effect to the provisions of the Convention. It firmly hopes that the next report of the Government will contain information on the adoption of a legal text concerning the protection of workers against the hazards of poisoning arising from their exposure to benzene.
With reference to the comments it has been making for 15 years, the Committee notes the information supplied by the Government in its report. The Government indicates that it has completed elaboration of draft regulations concerning the use of asbestos in conditions of safety, and that it will undertake the drafting of corresponding regulations for the construction sector, of manuals on the establishment of joint occupational safety and health committees and on the establishment of occupational safety and health departments within enterprises. The Committee further notes that according to the Government, despite the absence of specific regulations regarding the use of benzene, implementing measures have been adopted based on the provisions of the general law in force regarding occupational safety and health which regulates the handling and use of various chemical substances. The Government further indicates that the Manifesto on Environmental Impact, as well as safety regulations in undertakings and plans setting out eventualities in cases of occupational hazards are currently applied in all industries. The Committee requests the Government to indicate precisely how the abovementioned texts apply the provisions of the Convention. The Committee notes that since its first report in 1982, when the Government had announced that it will take the necessary measures to apply the provisions of the Convention, no measures have as yet been adopted in this respect. The Committee therefore recalls that measures are necessary to give application to the main provisions of the Convention, in particular Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and of products containing benzene in certain work at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (work processes involving the use of benzene or of products containing benzene shall as far as practicable, be carried out in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee renews its hope that the Government will take the necessary measures in the near future to apply the Convention. Article 9. The Committee again notes from the Government’s report that the draft regulations concerning medical services include, as part of the general routine, medical examinations prior to employment, during employment and thereafter. The Committee understands from the Government’s statement that these medical examinations are not provided for under specific legislation, but are carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalls that this Article of the Convention provides for specific medical examinations prior to employment and thereafter periodically for all workers who are to be employed in work processes involving exposure to benzene or to products containing benzene, to establish their fitness for such employment. The Committee trusts that the draft regulations concerning medical services will contain provisions to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention. The Committee requests the Government to provide information regarding the adoption of the abovementioned draft as soon as possible.
With reference to the comments it has been making for 15 years, the Committee notes the information supplied by the Government in its report. The Government indicates that it has completed elaboration of draft regulations concerning the use of asbestos in conditions of safety, and that it will undertake the drafting of corresponding regulations for the construction sector, of manuals on the establishment of joint occupational safety and health committees and on the establishment of occupational safety and health departments within enterprises. The Committee further notes that according to the Government, despite the absence of specific regulations regarding the use of benzene, implementing measures have been adopted based on the provisions of the general law in force regarding occupational safety and health which regulates the handling and use of various chemical substances. The Government further indicates that the Manifesto on Environmental Impact, as well as safety regulations in undertakings and plans setting out eventualities in cases of occupational hazards are currently applied in all industries. The Committee requests the Government to indicate precisely how the abovementioned texts apply the provisions of the Convention.
The Committee notes that since its first report in 1982, when the Government had announced that it will take the necessary measures to apply the provisions of the Convention, no measures have as yet been adopted in this respect. The Committee therefore recalls that measures are necessary to give application to the main provisions of the Convention, in particular Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and of products containing benzene in certain work at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (work processes involving the use of benzene or of products containing benzene shall as far as practicable, be carried out in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee renews its hope that the Government will take the necessary measures in the near future to apply the Convention.
Article 9. The Committee again notes from the Government’s report that the draft regulations concerning medical services include, as part of the general routine, medical examinations prior to employment, during employment and thereafter. The Committee understands from the Government’s statement that these medical examinations are not provided for under specific legislation, but are carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalls that this Article of the Convention provides for specific medical examinations prior to employment and thereafter periodically for all workers who are to be employed in work processes involving exposure to benzene or to products containing benzene, to establish their fitness for such employment. The Committee trusts that the draft regulations concerning medical services will contain provisions to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention. The Committee requests the Government to provide information regarding the adoption of the abovementioned draft as soon as possible.
Article 9. The Committee again notes from the Government's report that the draft regulations concerning medical services include, as part of the general routine, medical examinations prior to employment, during employment and thereafter. The Committee understands from the Government's statement that these medical examinations are not provided for under specific legislation, but are carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalls that this Article of the Convention provides for specific medical examinations prior to employment and thereafter periodically for all workers who are to be employed in work processes involving exposure to benzene or to products containing benzene, to establish their fitness for such employment. The Committee trusts that the draft regulations concerning medical services will contain provisions to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention. The Committee requests the Government to provide information regarding the adoption of the abovementioned draft as soon as possible.
[The Government is asked to report in detail in 2001.]
Further to its previous comments, the Committee notes the information provided in the Government's report. The Government has indicated that, as the competent technical bodies are presently working toward the elaboration of regulations concerning asbestos, the elaboration of regulations concerning the use of benzene and products containing benzene will still take some time. The Committee notes with regret, however, that the main provisions of the Convention are still not applied. The Committee, therefore, urges the Government to take the necessary measures in the near future to ensure the application of Article 1(b) of the Convention (the protective measures elaborated must not only apply to benzene, but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene or products containing benzene in certain work processes, including, at least, the use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures shall be taken to prevent the escape of benzene vapour into the air and the maximum limit of the concentration of benzene in the air shall not exceed 25 parts per million; directions shall be issued on carrying out the measurement of the concentration of benzene in the air); Article 7, paragraph 1 (the regulation of work processes involving the use of benzene or products containing benzene generally to be carried out, as far as practicable, in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition of the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).
Article 9. The Committee notes from the Government's report that the draft regulations concerning medical services include as part of the general routine medical examinations prior to employment, during employment and thereafter. The Government has added that, during the final review of this draft, special account will be given, if necessary, to the question of referring to the use of benzene, the risks for exposed workers and the medical examinations necessary. The Committee would recall that this Article of the Convention calls for all workers employed in work processes involving exposure to benzene and products containing benzene to undergo pre-employment medical examinations, including a blood test, to determine fitness for employment and periodic re-examinations, including biological tests and blood tests. It hopes that the Government will take the necessary measures in the near future to ensure the application of this Article and requests the Government to indicate the measures taken or envisaged to ensure that workers exposed to benzene undergo a pre-employment medical examination sufficient for determining the workers' fitness for employment and including a blood test, and periodic re-examinations, including biological tests. The Government is also requested to indicate the frequency with which the periodic re-examinations are to take place and the types of biological tests provided.
Further to its direct request of 1985, the Committee notes the information and documents supplied by the Government with its two last reports. The Committee notes in particular that its earlier comments will be taken into account in the regulations made under the General Act on Occupational Health and Safety, 1979. It hopes that regulations concerning the use of benzene and products containing benzene will be adopted in the very near future and that they will specifically ensure the application of Articles 1(b), 2, 4, 6, 7(1) and 11 of the Convention, as noted in its previous request.
Article 9. The Committee also notes the Government's statement, in its report of 1985, that blood tests and biological tests will be taken when the physician decides it is necessary. Article 9 of the Convention provides, however, that workers who are to be employed in work processes involving exposure to benzene or products containing benzene shall undergo pre-employment and periodic medical examinations which shall include biological tests including a blood test. As the Government is presently drafting regulations concerning medical services for enterprises and medical examination, the Committee hopes that it will take the necessary measures to ensure that employees designated to work with benzene shall receive adequate pre-employment and periodic medical examinations, including blood tests and biological tests, as required by this Article of the Convention.