White Lead (Painting) Convention, 1921 (No. 13) - Bosnia and Herzegovina (Ratification: 1993)

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

Articles 1 and 2 of the Convention. Prohibition of the use of white lead and sulphate of lead and of all products containing these pigments. The Committee notes the Government’s indication that the legislation does not prohibit the use of white lead, sulphate of lead and all products containing these pigments in the Federation of Bosnia and Herzegovina, but that a draft law on chemicals and a list of hazardous materials are currently being elaborated. Furthermore, the Committee notes from the Government’s report that in the Republika of Srpska, section 46 of the Law on Chemicals and Annex 1 of the Rulebook on the criteria limiting or prohibiting the transport and use of chemicals prohibit the use of lead carbonates and sulphate of lead, except for the restoration and protection of works of art or historical buildings. The Committee also notes that the Government’s report contains no information on the effect given to the requirements of these Articles of the Convention in the Brčko District. The Committee requests the Government to continue to provide information on progress achieved in the adoption of the Law on Chemicals and the List of hazardous materials, and on any other measures taken and applicable in the Federation of Bosnia and Herzegovina, in accordance with Articles 1 and 2 of the Convention. The Committee also requests the Government to provide a copy of the Law on Chemicals and the Rulebook on the criteria limiting or prohibiting the transport and use of chemicals applicable in the Republika of Srpska. Furthermore, it requests the Government to provide detailed information on the measures taken to give effect to these provisions of the Convention in the Brčko District.

Article 3. Prohibition of the employment of young persons and women. The Committee notes from the Government’s report that pursuant to the Rulebook on the criteria for the identification of jobs carried out in specific working conditions and medical examinations for workers employed in these jobs, which applies in the Federation of Bosnia and Herzegovina, the employment of male workers under 18 years of age and of pregnant or breastfeeding workers in jobs involving exposure to dusts and fumes from lead and its compounds or exposure to tetraethyllead, is prohibited. The Committee also notes the Government’s indication that similar provisions are applicable in the Republika of Srpska, under section 78 of the Labour Law and section 17 of the Rulebook on the content of, and procedures for, medical examinations of workers employed in jobs with increased risk involving exposure to poisonous substances. The Committee recalls that Article 3(1) of the Convention prohibits the employment of all female workers in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also notes that the Government’s report contains no information on the effect given to the requirements of this Article of the Convention in the Brčko District. The Committee requests the Government to adopt the necessary provisions to prohibit the employment of all female workers in painting work of an industrial character involving the use of white lead, sulphate of lead and products containing these pigments. It also requests the Government to indicate whether permission has been granted for the employment of painters’ apprentices, in keeping with the conditions set out in Article 3(2) of the Convention. Furthermore, it requests the Government to provide detailed information on the measures taken to give effect to Article 3 of the Convention in the Brčko District.

Article 5. Regulation of the use of white lead. With reference to its previous comment, the Committee notes that in the Republika of Srpska, the legislation seems to give effect to Article 5, II on the provision of adequate facilities and protective clothing; Article 5, III(b) on the medical examination of workers; and Article 5, IV on instructions received by workers. However, the Committee notes that no information has been provided concerning measures taken to regulate the use of white lead, sulphate of lead and products containing these pigments in operations for which their use is not prohibited, including measures to prevent danger arising from the application of paint in the form of spray or from dust caused by dry rubbing down and scraping, as required by Article 5, I of the Convention. Furthermore, the Committee notes that the Government’s report contains no information on the effect given to the requirements of this Article of the Convention in the Federation of Bosnia and Herzegovina and the Brčko District. The Committee requests the Government to specify the provisions giving effect to Article 5, I of the Convention in the Republika of Srpska. Furthermore, it requests the Government to provide detailed information on the measures taken to give effect to all of the provisions of Article 5 of the Convention in the Federation of Bosnia and Herzegovina and in the Brčko District.

Article 6. Observance of the regulations prescribed. The Committee notes from the Government’s report that in the Republika of Srpska, regulations on occupational safety and health are elaborated with the participation of the social partners and representatives of the inspectorate. In the absence of information in this respect, the Committee requests the Government to provide detailed information on the measures taken to give effect to Article 6 of the Convention in the Federation of Bosnia and Herzegovina and in the Brčko District.

Article 7. Statistics on cases of lead poisoning. Application in practice. The Committee notes that in reply to it’s previous comments, the Government reiterates that statistics on occupational diseases caused by lead poisoning are not available in the Federation of Bosnia and Herzegovina and that there were no reported cases of lead poisoning in the Republika of Srpska. The Committee again requests the Government to take all steps necessary to collect and compile statistical data on cases of morbidity and mortality due to lead poisoning and to provide relevant statistics across all three entities. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation and the number and nature of contraventions reported.

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

The Committee notes the responses provided by the Government which reaffirm that there are no special regulations that solely address the protection in relation to the use of white lead and sulphate of lead and of all products containing these pigments, but that protection has been provided under general health and safety regulations. The Committee also notes that effect does not appear to have been given to the majority of the provisions of the Convention across all three entities. Referring to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and regarding the reporting obligations associated with such ratifications.

Article 7. Statistics on morbidity and mortality. The Committee notes the information provided by the Government indicating that compilation of data on work accidents and occupational diseases, while mandatory, is not fully carried out in the Federation of BiH and therefore such data are not accessible. The Government has also indicated that there were no reported cases of work injury caused by lead poisoning in the Republika of Srpska during the reporting period. The Committee requests the Government to provide relevant statistics across all three entities – the Federation of BiH, the Republika of Srpska and the Brčko District – concerning cases of morbidity and mortality due to lead poisoning, in accordance with Article 7 of the Convention; and to provide full information on the action taken for the compilation of such statistics.

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

The Committee notes that the Government indicates that, according to its constitution, international agreements ratified by the Federation have direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

Articles 1, 2, 5 and 6 of the Convention. Application of the Convention. The Committee notes the Government’s statement that there is no legislation which specifically prohibits the use of white lead and sulphate of lead and of all products containing these pigments in the internal paintings of buildings, and that the Government indicates that there is no information on the use of the abovementioned pigments in practice. With reference to the fact that the ratification of ILO Conventions entails a legal obligation to ensure their application in national law and practice, the Committee requests that the Government provide information on all measures taken or envisaged, in law and in practice, to show compliance with the Convention including its Articles 1, 2, 5 and 6.

Part V of the report form. Application in practice. Article 7. Statistics. The Committee notes the Government’s information that it has no statistical data with regards to lead poisoning among painters in the country. The Committee requests that the Government take all the necessary measures, including developing an appropriate methodology, to ensure that relevant statistical data can be, and is, compiled.

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

1. Articles 1–7 of the Convention. The Committee notes the Government’s brief first report on the application of the Convention. It also notes that the report does not provide any information on the provisions of national laws or regulations or other measures giving effect to the Convention. The Committee recalls the obligation on all member States, under article 22 of the Constitution of the ILO, to submit reports on the effect given to ratified Conventions that are to be prepared according to the report forms adopted by the Governing Body of the ILO. Under the heading “Practical guidance for drawing up reports”, the report forms request, in case of first detailed reports following the entry into force of the Convention for a State, “full information ... on each of the provisions of the Convention and on each of the questions set out in the report form”. The Committee requests the Government to submit a detailed report on the application of the Convention, in accordance with the report form.

2. Part V of the report form. The Committee particularly draws the Government’s attention to Part V of the report form and requests the Government to provide additional information in its next report on the number of labour inspections carried out, the number of contraventions reported, particularly the nature of these contraventions, and on the number of workers covered by this Convention.

[The Government is asked to report in detail in 2008.]