Benzene Convention, 1971 (No. 136) - Bolivia (Plurinational State of) (Ratification: 1977)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

C.167

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 167 (OSH in construction) in a single comment.

• Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication, in reply to its previous comments, that measures were adopted in the past for the elimination, prohibition and intentional production of products containing benzene, such as hexachlorobenzene and pentachlorobenzene. The Committee requests the Government to indicate the legislative provisions adopted regarding the prohibition of products containing benzene and to clarify whether this includes, in accordance with Article 4(2) of the Convention, a prohibition on the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(1). Prevention of the escape of benzene vapour. Further to its previous comments, the Committee notes the Government’s indication in its report that measures to prevent the escape of benzene vapours in the air of places of employment are established under section 6(3)(a) of Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes, which provides that the enterprise or establishment must use a methodology to identify hazards and assess the risks of the activities they perform, as well as other relevant measures. The Committee requests the Government to provide detailed information on the measures adopted in practice by employers under section 6(3)(a) of NTS-009/18 to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used.

Article 6(3). Measurement of the concentration of benzene. The Committee notes the Government’s reference, in relation to its previous comments, to the 1995 Regulations on air pollution, Title III of which contains provisions on the assessment and monitoring of air pollution resulting from the emission of hazardous substances from fixed sources, which are defined, in section 6, as all plant or activities established in a single place or area which perform industrial or commercial operations or services. In this regard, the Committee notes that sections 26, 28, 30, 33 and Annex 3 of the above-mentioned Regulations establish the way in which fixed sources must carry out monitoring of emissions of hazardous substances, such as benzene, and also prepare and present an inventory of such emissions to the competent authorities. The Committee notes this information, which responds to its previous request.

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes the Government’s indication, in reply to its previous comments, that section 6(8) of the 1979 General Act on occupational safety, health and welfare provides that employers must install the necessary equipment to ensure the renewal of air, the elimination of gases, vapours and other pollutants produced, in order to provide workers and the nearby population with a salubrious environment. The Committee notes this information, which responds to its previous request.

• Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 22(1) of the Convention. Erection of structural frames and formwork under the supervision of a competent person. Further to its previous comments, the Committee notes the Government’s indication that the site manager, referred to by various provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, is responsible for the authorization, inspection and supervision of each of the tasks to be performed on the site and also proposes the most appropriate procedures, techniques and means for carrying them out. However, the Committee notes that these provisions do not provide specifically that the erection of structural frames must be supervised by a competent person. The Committee requests the Government to clarify whether in practice the erection of structural frames and formwork must be carried out only under the supervision of a competent person, for example, an immediate supervisor other than the site manager, as required by Article 22(1).

Article 23. Work over water. The Committee notes the Government’s reference, in reply to its previous comments, to section 116 of Supreme Decree No. 2936, which provides that for work involving a risk of workers falling from various levels or of materials protruding, a collective protection system must be adopted. However, the Committee notes that this provision does not explicitly regulate work over water. The Committee requests the Government to provide detailed information on the adequate provisions adopted in practice, if appropriate in the context of section 116 of Supreme Decree No. 2936, to ensure that when work is done over or in close proximity to water measures are taken: (a) to prevent workers from falling into water; (b) to rescue workers in danger of drowning; and (c) to provide safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. The Committee notes the Government’s reference, in relation to its previous comments, to section 20(a)(ii) of Supreme Decree No. 2936, under which the handling of explosives requires the relevant permit from the Ministry of Defence and also a procedure for the use, handling and storage of the explosives. The Government also once again cites section 72 of the Supreme Decree, which establishes rules regarding the storage, handling and transportation of explosives and other materials. However, the Committee notes that these provisions do not specifically establish that the storage, transportation and handling or use of explosives must only be carried out by a competent person. The Committee requests the Government to clarify whether the procedure and rules on the storage, handling or use and transportation of explosives referred to by sections 20(a)(ii) and 72 of Supreme Decree No. 2936 require such activities to be carried out only by a competent person, indicating whether this is required as part of the process to obtain a permit from the Ministry of Defence for the handling of explosives. The Committee also requests the Government to provide copies of any additional regulations adopted in this respect.

[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Conventions Nos 136 and 162

Previous comment on Convention No. 167: Direct request

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167 (OSH in construction) together.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes that the Government once again refers in its report to provisions of the 1979 General Act on occupational safety, health and welfare, the 1951 Basic Regulations on industrial safety and health, the 1995 Regulations on activities involving hazardous substances, and Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes. The Committee observes that these provisions do not specifically provide for the use of harmless or less harmful substitute products instead of benzene and hence do not give effect to this Article of the Convention. The Committee requests the Government to take specific measures without delay to ensure the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containingbenzene.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Further to its previous comments, the Committee notes that the Government once again refers to the content of OSH programmes and cites provisions of Supreme Decree No. 2936 of 2016, implementing Act No. 545 of 2014 on safety in construction. However, the Committee observes that neither the programmes nor the aforementioned legislation establish provisions relating to asbestos. The Committee notes with deep concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of Article 3 of the Convention. In this regard, the Committee recalls once again that the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference in June 2006, stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee strongly urges the Government to take immediate action,in accordance with Article 3 of the Convention, to ensure that the national legislation prescribes specific measures to: (i) prevent and control health hazards due to occupational exposure to asbestos; and (ii) protect workers against such risks. The Committee also strongly urges the Government to consult the most representative organizations of employers and workers concerned with regard to such measures, in accordance with Article 4 of the Convention.

Articles 9, 10, 11 and 12. Measures by law or regulation to prevent or control exposure to asbestos, including replacement or prohibition. Prohibition of the use of crocidolite and spraying. Further to its previous comments, the Committee notes that the Government also refers in general to the content of OSH programmes, which do not specifically mention asbestos. The Committee notes with concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of these Articles of the Convention. The Committee urges the Government to take the necessary measures without delay to ensure that the national legislation gives effect to Articles 9 and 10 (measures by law or regulation for prevention or control), 11 (prohibition of crocidolite) and 12 (prohibition of spraying) of the Convention.

Article 15(3). Measures to prevent or control the release of asbestos dust and to ensure compliance with exposure limits. Further to its previous comments, the Committee notes the Government’s indication that: (i) section 7(7) of NTS-008/17 on demolition work provides that appropriate measures must be taken in all demolition work to avoid the production of dust, and Raschel netting or similar must be placed at the demolition perimeter, over the whole height, and debris must be dampened before evacuation to lower levels or to the loading area; and (ii) OSH technical inspections are carried out in services and industry, including construction, either routinely or following a complaint, and if in the course of these the inspector finds working conditions which represent an imminent danger to the life or health of the workers, he/she will order work to be stopped in accordance with section 26 of the 1979 General Act on occupational safety, health and welfare, irrespective of any corresponding fines imposed on the employer. In view of the lack of information on the measures taken in this respect, the Committee requests the Government to take specific measures to ensure that exposure to asbestos is reduced to as low a level as is reasonably practicable. The Committee also requests the Government to indicate, if applicable, the specific measures taken by the labour inspectorate to ensure compliance in practice with asbestos exposure limits.

Article 15(4). Adequate respiratory protective equipment and special protective clothing. Further to its previous comments, the Committee notes the Government’s indication that Ministerial Decision No. 527/09, regulating the procedure for the supply of work clothing and personal protective equipment, provides that: (i) workers potentially exposed to occupational risks shall use appropriate work clothing, which must be the most suitable and best designed for the activity, be supplied free of charge by the employer and replaced by the latter in the event of wear and tear (section 4(I) and (VI)); (ii) when actions to eliminate or avoid hazards, undertake engineering controls or provide collective protection to minimize risks are not practicable, employers must provide their workers with personal protective equipment which must have national or other recognized certification and be replaced in the event of wear and tear (section 5(a) and (b)); and (iii) for protection of the respiratory system, respiratory protectors with filters for the type of pollutant concerned must be supplied, with renewal carried out according to a schedule or when the protectors are saturated (section 5(f)). The Committee also notes that sections 5(7) and 14(1) of NTS-008/17 provide that workers who carry out demolition work must use respiratory equipment for work that produces dust, and also use, as a minimum at all times, safety footwear and helmet, gloves and mask to protect against dust. The Committee takes note of this information, which addresses its previous request.

Article 16. Practical measures taken by the employer for the prevention and control of exposure. The Committee notes the Government’s reference, in reply to its previous comments, to the control and sanction measures adopted by the labour inspectorate with regard to OSH, but that it does not provide any information on the responsibility of each employer to establish and implement practical measures for the prevention and control of the exposure of the workers that they employ to asbestos, in accordance with Article 16.In view of the lack of information on actions taken to give effect to this Article of the Convention, the Committee requests the Government to take specific measures to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure to asbestos of the workers they employ and for their protection against the hazards due to asbestos.

Article 17(1) and (3). Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Drawing up of a work plan in consultation with the workers or their representatives. The Committee notes the Government’s indication, in reply to its previous comments, that section 6 of Ministerial Decision No. 437/22 of 2022, approving regulations for the designation of coordinators and the setting up of joint committees on occupational health, safety and welfare, establishes the conditions for the appointment of a coordinator or OSH joint committee and section 4 provides that both must ensure compliance with the preventive measures implemented by the enterprise or establishment in strict adherence to the OSH regulations in force. However, the Committee notes that neither these nor the other provisions of the above-mentioned regulations give effect to Article 17(1) and (3) of the Convention and that no information has been received on any action taken by the Government in this respect. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) demolition work and the removal of asbestos provided for under Article 17(1) of the Convention can only be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives are consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Keeping records of the monitoring of the working environment. Access to such records. Right to request the monitoring of the working environment. Further to its previous comments, the Committee notes the Government’s indication that OSH programmes, which include health studies and monitoring, must be updated periodically and have the prior approval of the coordinator or OSH joint committee for them to be presented, which shows that the latter are aware of their technical content. However, the Committee notes that this information does not give any evidence of the application of this Article of the Convention, which refers to records of the monitoring of the working environment and the right of workers to access and request such monitoring. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. Further to its previous comments, the Committee notes the Government’s reference to the contractor’s obligation to cover the cost of medical examinations and ensure that workers undergo medical examinations according to the risks to which they are exposed in their work. The Committee observes that this information relates to the provisions of Article 21(1) and (2) but also notes the lack of information on the application of Article 21(3) and (4) of the Convention. The Committee requests the Government to adopt specific measures without delay to ensure that: (i) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work (Article 21(3)); and (ii) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income (Article 21(4)).

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12(2) of the Convention. Obligation of the employer to take immediate steps to stop the operation and evacuate workers. The Committee notes that the Government, in reply to its previous comments, cites provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, and of NTS-009/18, establishing obligations for employers and contractors in emergency situations. However, the Committee observes that these provisions do not impose a specific obligation to stop the operation and evacuate workers where there is an imminent and serious danger to their safety. The Committee requests the Government to adopt the necessary legislative or other measures to ensure that employers are specifically obliged to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent and serious danger to their safety.

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

[The Government is asked to reply in full to the present comments in 2024.]

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 136 (benzene) and 162 (asbestos) together.

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution of benzene or of products containing it. The Committee notes that the Government, in its reply to the Committee’s previous comment, once again refers in its report to general OSH standards that do not contain specific provisions that give effect to Article 2 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure the use of harmless or less harmful substitute products instead of benzene or products containing benzene.

Article 6(1) and (3). Prevention of the escape of benzene vapour into the air. Measurement of the concentration of benzene. The Committee notes that the Government reiterates information relative to the fixed maximum concentration of benzene in the air in places of employment (Article 6(2) of the Convention), once again without referring to the Committee’s request in its previous comment regarding the remaining provisions of Article 6 of the Convention. The Committee requests the Government to specify: (i) whether concrete measures have been adopted or are envisaged to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used (Article 6(1)); and (ii) whether the competent authority has issued directions on carrying out the measurement of the concentration of benzene in the air of places of employment (Article 6(3)).

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes that, in reply to its previous comment, the Government once again refers to Technical Safety Standard (NTS) 009/18, for the Presentation and Approval of OSH Programmes, which contains no specific provisions giving effect to Article 7 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure that: (i) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (ii) where it is not practicable for work to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

2. Asbestos Convention, 1986 (No. 162)

Article 17(1) and (3) of the Convention. Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Elaboration of a work plan in consultation with the workers or their representatives. The Committee notes that, in reply to its previous comment, the Government once again refers in its report to general OSH standards, which contain no specific provisions giving effect to Article 17(1) and (3) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the demolition of plants and structures and removal of asbestos provided under Article 17(1) of the Convention shall be undertaken only by employers or contractors who are recognised by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives shall be consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. With reference to its previous comment, the Committee notes that the Government once again refers to general OSH standards which contain no specific provisions giving effect to Article 20(2), (3) and (4) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Furthermore, the Committee notes with regret that the Government’s report contains no responses to its earlier comments, which are reiterated below.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a dilutent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also urges the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

Article 15. Exposure limits. The Committee notes the Government’s indication that the maximum permissible concentration of asbestos in the air in occupied areas is 5 million particles per cubic foot, in accordance with section 20 of Presidential Decree No. 2348 of 18 January 1951, which approved the Basic Regulations on industrial health and safety. The Government also refers to Annex D of Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17) which provides in general terms that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA) which establishes limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain asbestos concentration limits (0.1 fibre per cubic centimetre of air as an eight hour time-weighted average and 1.0 fibre per cubic centimetre of air as averaged over a sampling period of 30 minutes, in accordance with Standards 29 CFR, 1910.1001). In this regard, the Committee observes that section 8 of NTS-008/17 determines that employers shall include in protocols for work in confined spaces the necessary safety mechanisms for entry into the premises, including preventive measures to be adopted during work, such as continuous monitoring of air in the workplace.

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

Article 16. Practical measures for prevention and control. The Committee notes that NTS-009/18 provides that the enterprise or establishment shall undertake, through methodology, the identification of hazards and the assessment of risks in the activities undertaken, as well as other relevant measures. Under the terms of the Technical Safety Standard in force adopted by the Ministry of Labour, Employment and Social Welfare, or in the absence of such a Standard or another reference standard applicable to national conditions, the enterprise or labour establishment shall present a specific study on contaminating chemicals in the working environment (hazardous substances). The Committee requests the Government to provide additional information on the specific measures adopted to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers that they employ to asbestos and for their protection against the hazards due to asbestos.

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. With reference to its previous comments, the Committee notes that NTS-009/18 provides that the enterprise or establishment shall indicate in the occupational safety and health programme the following information: (a) pre-recruitment medical examinations; (b) periodic examinations of workers in line with the risks identified in the “Hazard Identification and Risk Evaluation”, including the development of any occupational diseases that are detected; and (c) post-employment examinations of workers who have concluded their work in the enterprise or establishment (post-employment management). The Committee also notes section 404 of the General Act on occupational safety and health and welfare (Legislative Decree No. 16998), which provides that care shall be taken in the selection of workers that each worker is assigned to the work for which she/he is best suited from the viewpoint of her/his aptitude and physical strength. However, the Committee observes that specific measures have not been adopted to bring the legislation into conformity with the requirements set out in Article 21. The Committee once again requests the Government to provide specific information on the measures adopted or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; and (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4) of the Convention.

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

[The Government is asked to reply in full to the present comments in 2022.]

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 136 (benzene), 162 (asbestos) and 167 (construction) in a single comment.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution. The Committee once again requests the Government to provide information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With reference to its previous comments, the Committee notes the Government`s reference in its report to Annex D of the Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17), which provides in general that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA), in which it establishes the limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain limits for benzene, the values of which are in accordance with the maximum concentration of benzene in the air of places of employment determined by the Convention (maximum time-weighted average limit of 1 part of benzene per million parts of air as an 8-hour time-weighted average and the maximum short-term exposure limit of 5 parts per million as averaged over any 15 minute period, in accordance with Standards 29 CFR, 1910.1028, as well as 25 parts per million of acceptable ceiling concentration, in accordance with Standards 29 CFR, 1910.1000 Table Z-2). In this regard, the Committee observes that section 8 of the NTS-008/17 provides that employers shall include in protocols respecting work in confined spaces the necessary safety measures for entry into the premises as a function of the preventive measures to be adopted during work, such as continuous monitoring of the air in the workplace. The Committee notes that the Government has not provided information on the determination of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; or (b) measuring the concentration of benzene in the air of places of employment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; and (b) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment through the adoption of appropriate standards.

Article 7. Enclosed systems. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

Article 17. Demolition of plants or structures of the Convention. With reference to its previous comments, the Committee notes that NTS-006/17 provides in section 4(4) and (5) that employers who have workers engaged in demolition work shall: (i) adopt full technical measures for the protection of the life and physical and mental safety of the workers under their responsibility; and (ii) have the necessary competent personnel to prepare the demolition plan. Section 5(7) provides that workers shall use respiratory equipment for work causing the release of dust. The Committee notes that section 6(3), (11) and (15) of the Technical Standard provides that: (i) where during the performance of these activities the existence is ascertained of materials containing asbestos fibres or such fibres are found during their implementation, effect shall be given to the appropriate procedures set out in the minimum health and safety provisions applicable to work involving the risk of exposure to asbestos in national or foreign legislation; (ii) prior authorization shall be obtained from the competent authority prior to the commencement of any demolition work; (iii) all demolition work shall comply with the national or foreign standards in force relating to the release of dust, particles, noise, the stoppage of work and any other permanent or transitional provision which may affect such work, and the supporting documentation shall be attached to the demolition plan. Section 7 provides that, based on a risk evaluation, employers shall prepare and establish a demolition plan setting out the respective procedures for safe demolition work, including the adoption of adequate measures to prevent the release of dust (subsection 7). Finally, section 14(1) provides that workers engaged in demolition work shall at all times wear as a minimum safety footwear, helmets, gloves and dust masks. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the work envisaged in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; and (b) the workers or their representatives are consulted on the work plan in relation to the measures to be taken for the protection of workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment, right to request the monitoring of the working environment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; (b) the workers concerned, their representatives and the inspection services have access to these records; and (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

B. Protection in certain branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor from the workplace. With reference to its previous comments, the Committee notes the Government’s indication that Presidential Decree No. 2936 provides that the contractor shall appoint a person responsible for occupational safety who shall benefit from training in occupational safety and health and hazard prevention and shall be duly registered with the Ministry of Labour, Employment and Social Welfare.

Article 12(2). Situation of imminent and serious danger to the safety of workers. With reference to its previous comments, the Committee notes that NTS -009/18 provides that the Occupational Safety and Health Programme shall include an emergency plan, which shall contain among other provisions the determination of evacuation times. However, the Committee notes that the Government has not provided specific information on the obligation of the employer to take immediate steps to stop the operation and evacuate workers where there is an imminent danger to their safety. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that employers are required to take immediate steps to stop the operation and evacuate workers in a situation of danger in which there is an imminent and serious danger to the safety of the workers, in accordance with Article 12(2).

Article 22. Structural frames and formwork. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Presidential Decree No. 2936, which contains precautionary measures and instructions for the erection of structural frames and their components, formwork, falsework and shoring. However, the Committee notes that none of the regulations indicated by the Government refer to the requirement to carry out such work under the supervision of a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that work on structural frames and formwork is carried out only under the supervision of a competent person, in accordance with Article 22(1) of the Convention.

Article 23. Work over water. With reference to its previous comments, the Committee notes the Government’s indication that when implementing the Occupational Safety and Health Programme, the employer is required to include mechanisms to control risks in production processes, such as work performed over water. However, the Committee notes that NTS-009/18, referred to by the Government, does not make specific reference to work performed over water. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, where work is carried out over or in close proximity to water, there is adequate provision to: (a) prevent workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Supreme Decree No. 2936, which establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the requirements for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Committee notes that the Government does not indicate specifically whether explosives shall only be stored, transported, handled or used by a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 162 (asbestos) together.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also requests the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

Article 15. Exposure limits. The Committee notes the Government’s indication that the maximum permissible concentration of asbestos in the air in occupied areas is 5 million particles per cubic foot, in accordance with section 20 of Presidential Decree No. 2348 of 18 January 1951, which approved the Basic Regulations on industrial health and safety. The Government also refers to Annex D of Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17) which provides in general terms that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA) which establishes limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain asbestos concentration limits (0.1 fibre per cubic centimetre of air as an eight hour time-weighted average and 1.0 fibre per cubic centimetre of air as averaged over a sampling period of 30 minutes, in accordance with Standards 29 CFR, 1910.1001). In this regard, the Committee observes that section 8 of NTS-008/17 determines that employers shall include in protocols for work in confined spaces the necessary safety mechanisms for entry into the premises, including preventive measures to be adopted during work, such as continuous monitoring of air in the workplace.

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

Article 16. Practical measures for prevention and control. The Committee notes that NTS-009/18 provides that the enterprise or establishment shall undertake, through methodology, the identification of hazards and the assessment of risks in the activities undertaken, as well as other relevant measures. Under the terms of the Technical Safety Standard in force adopted by the Ministry of Labour, Employment and Social Welfare, or in the absence of such a Standard or another reference standard applicable to national conditions, the enterprise or labour establishment shall present a specific study on contaminating chemicals in the working environment (hazardous substances). The Committee requests the Government to provide additional information on the specific measures adopted to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers that they employ to asbestos and for their protection against the hazards due to asbestos.

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. With reference to its previous comments, the Committee notes that NTS-009/18 provides that the enterprise or establishment shall indicate in the occupational safety and health programme the following information: (a) pre-recruitment medical examinations; (b) periodic examinations of workers in line with the risks identified in the “Hazard Identification and Risk Evaluation”, including the development of any occupational diseases that are detected; and (c) post-employment examinations of workers who have concluded their work in the enterprise or establishment (post-employment management). The Committee also notes section 404 of the General Act on occupational safety and health and welfare (Legislative Decree No. 16998), which provides that care shall be taken in the selection of workers that each worker is assigned to the work for which she/he is best suited from the viewpoint of her/his aptitude and physical strength. However, the Committee observes that specific measures have not been adopted to bring the legislation into conformity with the requirements set out in Article 21. The Committee once again requests the Government to provide specific information on the measures adopted or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; and (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4) of the Convention.

The Committee is raising other matters on the application of ratified OSH Conventions in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide an overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167(safety and health in construction) together.

With regard to its previous comments on inspection services relating to the application of the aforementioned Conventions, the Committee refers to its detailed comments adopted in 2018 on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Benzene Convention, 1971 (No. 136)

The Committee notes that the general OSH regulations referred to by the Government give effect to Article 11 of the Convention (relating to pregnant women, nursing mothers and young persons under 18 years of age).

Article 2. Substitution. Noting an absence of information on this subject, the Committee requests the Government to provide further information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With regard to the Committee’s previous comments, the Government indicates that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor (USDOL). In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to benzene, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the setting of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; and (b) measuring the concentration of benzene in the air of places of employment.

The Committee requests the Government to provide information on measures taken or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; (b) where workers are exposed to benzene or to products containing benzene, the employer ensures that the concentration of benzene in the air of places of employment does not exceed a maximum fixed by the competent authority; and (c) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7. Enclosed systems. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

The Committee notes that the general OSH regulations referred to by the Government give effect to the following provisions of the Convention: Article 6(1) and (3) (responsibilities of employers); Article 7 (workers’ compliance with instructions); Article 8 (cooperation between employers and workers); Article 13 (notification by employers); Article 14 (labelling); Article 18 (personal protective equipment and clothing); Article 19 (disposal of waste); Article 20 (measurement of concentrations of asbestos dust); Article 21(1) and (2) (medical examinations); Article 21(5) (notification system); and Article 22 (information and education).

Article 15 of the Convention. Exposure limits. The Committee notes the Government’s indication that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the OSHA of the USDOL. In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to asbestos, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the application of Article 15(2), (3) and (4) of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; (c) reduce exposure to as low a level as is reasonably practicable; and (d) periodically review and update exposure limits. The Committee also requests the Government to provide information on the measures taken in relation to respiratory protective equipment and special protective clothing as provided for in Article 15(4).

Article 17. Demolition of plants or structures. The Committee notes that section 6(3) of Technical Standard 006/17 (Demolition) provides that when in the framework of demolition activities, “the existence of materials containing asbestos fibres is known or detected during the demolition work itself, the appropriate procedures established by national or foreign minimum OSH provisions applicable to work involving the risk of exposure to asbestos must be followed”. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the work provided for in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; (b) the employer or contractor is required before starting demolition work to draw up a work plan specifying the measures to be taken; and (c) the workers or their representatives are consulted on the work plan, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; (b) the workers concerned, their representatives and the inspection services have access to these records; (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

Article 21(3) and (4). Information on medical examinations. Other means of income when assignment to work involving exposure to asbestos is inadvisable. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4).

B. Protection in certain branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor. The Committee notes that section 13 of the Regulations implementing Act No. 545 on safety in construction (DS 2936) provides that the contractor shall nominate an occupational safety officer who shall provide training in OSH and risk prevention and be duly registered at the Ministry of Labour, Employment and Social Welfare. However, the Government has not provided any information on the authority and means to be conferred on the occupational safety officer to ensure coordination and application of the envisaged measures on behalf of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, he/she nominates a competent person or body at the site with the authority and means necessary to ensure on his/her behalf coordination and compliance with the measures, in accordance with Article 8(b) of the Convention.

Article 12. Situation of imminent and serious danger to the safety of workers. The Committee notes that section 11(a) of DS 2936 prohibits contractors from obliging their workers to carry out activities in environments containing physical, biological, chemical, mechanical or ergonomic risks, until such time as the necessary control measures are adopted. However, the Government has not supplied any information on the employer’s obligation to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent danger to their safety. The Committee requests the Government to provide information on the obligation of the employer regarding a situation of imminent and serious danger to the safety of workers, in accordance with Article 12(2) of the Convention.

Article 22. Structural frames and formwork. The Committee notes that section 95 of DS 2936 establishes precautions and instructions regarding the erection of structural frames and components, formwork, falsework and shoring. However, the Regulations do not mention the obligation of carrying out such work under the supervision of a competent person. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the erection of structural frames and formwork is carried out only under the supervision of a competent person.

Article 23. Work over water. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where work is done over or in close proximity to water there is adequate provision for: (a) preventing workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. The Committee notes that DS 2936 establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the rules to be observed for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Government has not indicated whether the competent person must take the necessary steps to prevent any risk of injury to workers and other persons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2019.]

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the Benzene Convention, 1971 (No. 136), and the Asbestos Convention, 1986 (No. 162) together.

Protection against particular risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication in its report that the use of benzene is not prohibited. The Committee requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Referring to its previous comments, the Committee notes that the Government repeats information in its report concerning general OSH standards to which it referred previously. The Committee notes with concern that the necessary measures have not been taken to bring the legislation into conformity with Article 3 of the Convention. Moreover, with regard to the application of Article 4, the Government provides information on consultations with the social partners concerning the construction sector, but not specifically related to asbestos. The Committee once again strongly urges the Government, in accordance with Articles 3 and 4 of the Convention, to take the necessary legislative measures: (a) to prevent and control health hazards due to occupational exposure to asbestos; (b) to protect workers against such risks; and (c) to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11, 12 and 16. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. Practical measures for prevention and control. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), Article 11 (prohibition of crocidolite), Article 12 (prohibition on spraying) and Article 16 (practical measures for prevention and control) of the Convention.

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

[The Government is asked to reply in full to the present comments in 2019.]

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

Legislation. Referring to its previous comments, the Committee notes that, in its report, the Government provides information on general regulations on occupational safety and health (OSH) to which it has previously referred and which give very limited effect to the Convention. The Committee notes with regret that the Government reiterates that no specific standards or provisions have been developed relating to benzene. The Committee also notes that the Government refers once again to the preparation of the Occupational Safety and Health Bill, which will establish directives for immediate action regarding the handling and use of benzene, and other measures in accordance with the Convention. The Committee once again requests the Government to adopt the necessary measures to give effect to the Convention and to provide information on any progress made in this regard.

In view of the fact that the Government has not provided the information requested in its previous observation, the Committee must therefore repeat with regret its previous observation which read as follows:

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment. The Committee notes that, according to the report, section 20 of Supreme Decree No. 2348 of 18 January 1951, issuing basic industrial safety and health regulations, determines that the maximum permitted concentration of benzene is 100 parts per million. The Committee draws the Government’s attention to Article 6(2) of the Convention, under which the employer shall ensure that the concentration of benzene in the air in places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80mg/m3). The Committee also draws the Government’s attention to the fact that the concentration of 100 parts per million, as set out in Supreme Decree No. 2349, significantly exceeds the maximum permitted level provided for in the Convention, and is thus not in conformity with the Convention. The Committee therefore urges the Government to adopt the necessary measures as soon as possible to set the concentration of benzene at a level not exceeding a ceiling value of 25 parts per million, as established in this Article of the Convention, and to provide information in this respect.

Article 11(1). Pregnant women, nursing mothers and young persons under 18 years of age. The Committee notes the Government’s indication that, under section 8 of the General Occupational Safety, Health and Welfare Act of 2 August 1979, women and young persons under 18 years of age shall not be employed in work that is hazardous, arduous or harmful to their health or morals. The Committee notes that the report does not indicate whether this covers work involving exposure to benzene. The Committee requests the Government to take the necessary steps to ensure that the legislation provides that: (a) women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision. The Committee requests the Government to provide information in this respect.

[The Government is asked to reply in detail to the present comments in 2017.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the Government’s detailed report on the measures adopted to ensure the application of the Convention in practice, the obstacles and difficulties encountered and a preliminary draft Occupational Safety and Health Bill, which it already noted in 2011. The Government indicates that the Bill will lay down directives for immediate action to give effect to the Convention. The Committee also notes that, in its report, the Government requests technical assistance and cooperation for the effective application of the Convention and key instruments on occupational safety and health, as well as the development of regulations, technical guides and training. In this respect, the Committee requests the Government to adopt all the necessary measures to give legislative effect to the Convention, to make a formal request for technical assistance from the Office in the near future and to provide information on the progress made.

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment. The Committee notes that, according to the report, section 20 of Supreme Decree No. 2348 of 18 January 1951, issuing basic industrial safety and health regulations, determines that the maximum permitted concentration of benzene is 100 parts per million. The Committee draws the Government’s attention to Article 6(2) of the Convention, under which the employer shall ensure that the concentration of benzene in the air in places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80mg/m3). The Committee also draws the Government’s attention to the fact that the concentration of 100 parts per million, as set out in Supreme Decree No. 2349, significantly exceeds the maximum permitted level provided for in the Convention, and is thus not in conformity with the Convention. The Committee therefore urges the Government to adopt the necessary measures as soon as possible to set the concentration of benzene at a level not exceeding a ceiling value of 25 parts per million, as established in this Article of the Convention, and to provide information in this respect.

Article 11(1). Pregnant women, nursing mothers and young persons under 18 years of age. The Committee notes the Government’s indication that, under section 8 of the General Occupational Safety, Health and Welfare Act of 2 August 1979, women and young persons under 18 years of age shall not be employed in work that is hazardous, arduous or harmful to their health or morals. The Committee notes that the report does not indicate whether this covers work involving exposure to benzene. The Committee requests the Government to take the necessary steps to ensure that the legislation provides that: (a) women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision. The Committee requests the Government to provide information in this respect.

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

Situation in occupational safety and health (OSH). The Committee notes that the Government’s report does not reply to most of the matters raised by the Committee in its observation of 2009. The Committee notes that the Government refers to general problems in OSH. The Government indicates that the 1979 Occupational Safety and Health Act is currently in force but despite the period it has been in force it has not been implemented effectively since occupational safety has still not been incorporated into management criteria. In addition, employers and workers still consider that the introduction of systems for prevention and improvement would constitute expenditure, not investment, enabling improvements in production and efficiency and reductions in social costs. In light of this situation, and on the basis of the new Constitution, the State has focused its efforts on establishing bodies to promote advances in this field and on adopting legislation. On 18 November 2008, the Government established the National Council for Occupational Safety, Health and Welfare, under the supervision of the Director-General of Labour and Industrial Safety at the Ministry of Labour. The Council is a tripartite body whose main function is to formulate policy in this field as well as advising the State authorities. In addition, the Ministry of Labour, Employment and Social Welfare promoted the drawing up of draft legislation in OSH, within the framework of the new Constitution. The Committee notes the Government’s indication that the draft legislation seeks to lay down guidelines for immediate action for the handling and use of benzene and the adoption of necessary protection measures. The Committee notes the efforts made by the Government in setting up the abovementioned body and the drawing up of the draft legislation. With regard to the National Council for Occupational Safety, Health and Welfare, the Committee requests the Government to supply information on the activities undertaken by this body with respect to the application of this Convention. With regard to the draft legislation, the Committee requests the Government to ensure that the legislation gives effect to this Convention and to the other OSH Conventions which it has ratified, to take account of the Committee’s comments on the application of these Conventions, and to supply information on any developments in this respect, and recalls that the Government may seek technical assistance from the Office if necessary. The Committee requests the Government to provide a general description of the manner in which it ensures that the Convention is applied and to respond to the comments made by the Committee in 2009 and provide detailed information in this respect.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting the Government’s willingness to adopt a global approach to OSH in consultation with the social partners and the fact that the Government has not ratified the three key instruments indicated in this paragraph, the Committee wishes to draw the Government’s attention to the fact that these instruments could make an effective contribution towards establishing an appropriate and coherent tripartite framework for the management of OSH, which would also facilitate the application of the ratified Conventions. The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide the necessary technical cooperation and assistance to facilitate the application of the ratified Conventions and the ratification of Convention No. 155, its Protocol and Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance and cooperation that it may have in this respect.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including documents and material by way of illustration.

[The Government is asked to reply in detail to the present comments in 2013.]

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

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.

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

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

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

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.

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

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

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.]

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

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.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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.

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

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

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.

[The Government is asked to report in detail in 2001.]

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

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.

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

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.