Safety and Health in Construction Convention, 1988 (No. 167) - Bolivia (Plurinational State of) (Ratification: 2015)

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.]

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

Article 12(2) of the Convention. Obligation of the employer to take immediate steps to stop the operation and evacuate workers as appropriate. The Committee notes from the Government’s report that, as on previous occasions, none of the specific information requested by the Committee in its earlier comment relating to this Article of the Convention is provided. The Committee requests the Government to indicate the provisions of national legislation providing for the obligation of the employer to take immediate steps to stop the operation and evacuate workers as appropriate, and specify what measures have been adopted or has been envisaged to ensure that employers are obliged to take immediate steps to stop operations and evacuate workers as appropriate, where there is an imminent and serious danger to the safety of workers.

Article 22(1). Erection of structural frames and formwork under the supervision of a competent person. With regard to its earlier comments, the Committee notes that the Government again refers to Presidential Decree No. 2936, which is the implementing regulation of Act No. 545 ratifying the Convention, and to Technical Safety Standard (NTS) 009/18, which are standards that contain no provisions specifically giving effect to Article 22(1) of the Convention. The Committee requests the Government to adopt concrete measures without delay to ensure that the erection of structural frames and formwork are carried out only under the supervision of a competent person.

Article 23. Work over water. The Committee notes that in reply to its earlier comment, the Government again refers to NTS 009/18, for the Presentation and Approval of Occupational Safety and Health Programmes, which contains no specific provisions giving effect to Article 23 of the Convention. The Committee requests the Government to take measures without delay to ensure that when work is done over or in close proximity to water that there shall be adequate provision for the protection of workers including: (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). Storing, transporting, handling and use of explosives by a competent person. With reference to its earlier comments, the Committee notes that the Government, as previously, provides information on Presidential Decree No. 2936 but fails to reply to the Committee’s request in its earlier comment regarding Article 27(b) of the Convention. The Committee requests the Government to specify whether it has adopted or envisages concrete measures to ensure that explosives are only stored, transported, handled or used by competent persons.

[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.]

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.]