Benzene Convention, 1971 (No. 136) - Morocco (Ratification: 1974)

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative stated that the current labour legislation contained a number of regulations on safety measures to be taken in the use of benzene and particularly on the protective equipment to be placed at the disposal of workers. The enterprises using benzene or products containing benzene were obliged to establish an autonomous industrial health service or to adhere to such a service created by several enterprises. The exposed workers were subjected to systematic and periodical medical supervision. The diseases provoked by benzene were considered to be occupational diseases giving a right to the corresponding benefits. To follow up on the comments of the Committee of Experts, a draft decree had been prepared to complete the legislation. It included the provisions of the Convention in all details. Its field of application covered all the establishments using benzene or products containing more than 1 per cent of benzene (Article 1). Any import of benzene was subjected to a previous declaration to the labour inspection (Article 2). The draft provided for the substitution of benzene by other inoffensive or less offensive products (Article 3). The use of benzene and of products containing more than O.2 per cent of benzene as a solvent or diluent was prohibited (Article 4). The concentration of benzene in the air at places of employment should not exceed 80 mg/m3 (Article 5). The draft specified methods to be used to determine the concentration of benzene in the atmosphere as well as technical and health measures of protection to be taken by the enterprises (Articles 6-15). Concerning the first point of the observation of the Committee of Experts on the consultation with occupational organizations, the Government representative indicated that the draft decree had not provided for this, because it excluded any possibility of derogation. This draft decree had, however, been communicated to the employers' and workers' organizations for comments. On the second point of the observation concerning the protection of workers exposed to contact with liquid benzene, he stated that section 8 of the draft decree replied to the question of the Committee of Experts as it provided, in particular, for adequate means of personal protection to be supplied and used by the workers concerned.

The Employers' members stated that the explanations provided by the Government on the comments made by the Committee of Experts concerning the application of Article 3 and Article 8, paragraph 1, of the Convention were not convincing. The problem was an old one having been discussed in 1988, and the Committee should urge the Government to adopt the modifications in the near future and to provide a report on the envisaged measures.

The Workers' members associated themselves with the intervention of the Employers' members. They noted that this technical, but extremely important Convention for the safety and even for the survival of the workers, had been ratified by Morocco as far back as 1974. During the discussion in this Committee in 1988, the Workers' and the Employers' members had underlined the importance of full application of the Convention. On that occasion, the Government had referred to a special section in the development plan for 1988-92 concerned with the improvement of working conditions and environment. The draft texts mentioned by the Government were incomplete as compared to the obligations under the Convention. The Workers' members considered the position of the Government to be more on the negative side, as proved by the comments of the Committee of Experts on the application of other Conventions, including, for example, Conventions Nos. 30, 52 and 81. In this connection, they considered that the Government should apply Convention No. 81 in practice, as well as in law. In view of the rather uncooperative attitude of the Government, they insisted that in its conclusions the Committee ask the Government to take the necessary measures in order to be able to note real progress next year.

The Workers' member of Greece considered that the Committee could discuss the application of the Convention not only in Morocco but also in respect of many other countries. International labour Conventions were the fruit of negotiations and of a compromise, and those protecting the health of workers introduced relative limits rather than absolute ones. As for benzene, which was widely used in all the products for painting, in petrol, in central heating oil, the limits for protection set by the Convention were not absolute, but still it was not respected, or the only measures taken were the creation of a medical service where the workers could apply to register any damage suffered. Prevention was even more important in this case as benzene was a carcigoneous agent. He asked the Government to indicate whether there had been any modification of the Labour Code or whether it had referred to a draft decree mentioned by the Committee of Experts.

The Government representative recalled that old legislation already contained all the necessary measures for the prevention and indemnification of occupational diseases in relation to benzene. A draft decree had been elaborated with the help of an ILO expert in cooperation with all the administrative departments of public health, industry, mines, etc. The national technical experts wanted to go even further beyond the protection provided by the Convention, considering that it was overtaken by the standards actually applied in certain countries. The Committee of Experts had based its comments exclusively on the declarations contained in the report and had not examined the text in question. As concerned consultations with organizations, it was obligatory under the Convention in case of derogations. The draft decree, however, did not allow any derogations and it was therefore not necessary to provide for the consultation with occupational organizations. As to the protective equipment provided to the workers against the risk of exposure to liquid benzene, it was addressed in section 8 of the draft decree. His Government attached great importance to the protection of the workers and was open to any suggestions susceptible to guarantee the health of workers to be included in the text of the decree. He would provide the text of the draft decree to the Office.

The Workers' members considered that the remarks of the Government representative were not convincing but that the Government could supply all the useful information to be examined by the Committee of Experts.

The Committee took note of the information provided by the Government, in particular that the Government had drawn up a draft decree with the aim of applying the Convention which had been ratified in 1974. The Committee deeply regretted having to note that this Convention had been the subject of numerous observations on the part of the Committee of Experts and of discussions in this Committee. It expressed the firm hope that the legislation aimed at applying the Convention would be adopted in the very near future, taking account of the comments of the Committee of Experts concerning this Convention whose non-application in practice had very serious consequences for the health of the workers concerned. The Committee hoped that it would be able to note decisive progress, both in legislation and in practice, at its meeting next year.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

A Government representative stressed the importance which his country attached to the prevention of occupational accidents and occupational diseases. Legislation provided for a large number of measures to protect workers against benzene intoxication which was considered an occupational disease and for which compensation was mandatory. Enterprises using this product must either have their own medical service or belong to an inter-enterprise medical service. As well, other protective measures must be taken in regard to both the individual and the enterprise. The economic and social development plan for 1988-92 had included a special section on the improvement of working conditions. Workers' and employers' organisations had participated in the drawing up of these proposals. The present Convention provided for specific measures to be taken such as the substitution of less harmful products and the obligation to fix a maximum permissible concentration of benzene in the air. An ILO technical assistance programme which covered the revision of health and safety provisions in regard to all ratified Conventions would also aim to align legislation with the provisions of the Convention. The expert in charge of this was due to make his proposals at the beginning of 1989.

The Employers' members stated that the Committee of Experts had examined this problem for the past ten years which, while certainly technical, was of extreme importance to the workers concerned. The Government recognised the necessity of protective measures; these should therefore be incorporated into legislation and be effectively applied. As these provisions were to be included in the regulations of the Code, the draft should be sent as quickly as possible so that their conformity with the Convention could be examined.

The Workers' members stated that this issue, which was very important to workers' health, had been discussed since 1977 and they regretted that provisions had not yet been adopted. ILO assistance had been given and it was time that the country undertook its obligations.

The Government representative reminded the present Committee of the various protective measures which he had mentioned previously. What remained to be known was whether or not a harmless substitute for benzene existed. This was a highly technical question.

The Workers' members pointed out that the Committee of Experts had asked for specific information on the use of benzene and they hoped that the Government would take the necessary measures as soon as possible.

The Committee noted the information supplied by the Government representative. It regretted the long-standing absence of provisions to apply the Convention. The Committee hoped that, with the assistance of the ILO, the Government would take all necessary measures in the very near future to give full effect to the Convention and would report the progress made.

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

In order to provide an overview of matters 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 13 (white lead, paint), 45 (underground work (women)), 119 (guarding of machinery), 136 (benzene), 162 (asbestos), 176 (safety and health in mines) and 187 (promotional framework for OSH) in a single comment.

A.General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report on Convention No. 187.

Article 2(3) of the Convention. Ratification of relevant ILO OSH Conventions. The Government indicates in its report that the Department of Employment is currently examining the possibility of ratifying several ILO Conventions in the field of OSH. The Committee requests the Government to continue providing information on the measures taken, including consultation with the most representative employers’ and workers’ organizations, to consider the ratification of relevant ILO OSH Conventions. The Committee takes this opportunity to remind the Government that in June 2022 the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the ILO Declaration on Fundamental Principles and Rights at Work of 1998. The Committee draws the Government’s attention to the fact that it may request ILO technical assistance to bring the applicable law and practice into conformity with the fundamental OSH Conventions and accordingly promote their ratification and effective application.

National system

Article 4(2)(a). Laws and regulations. The Committee notes the Government’s indication that, within the framework of the National Occupational Safety and Health Programme 2020-24, action is currently being taken to extend the OSH legislative framework and regulations to the public sector (the public service and territorial communities). In this respect, a draft Framework Bill on OSH has been prepared. It is intended to resolve the gaps identified at the legislative level and to adapt the national legislation to international standards in this field. The Committee requests the Government to continue providing information on developments relating to the Framework Bill on OSH and to provide a copy once it has been adopted.

Article 4(3)(f) and (g). Collection and analysis of data on occupational injuries and diseases. Collaboration with insurance and social security schemes. The Committee notes the information provided by the Government, according to which it is endeavouring to improve knowledge of the causes of occupational injuries and diseases by developing a national system for the collection and analysis of reliable statistical data. In this regard, the measures envisaged in the national programme in relation to OSH, include the development of a tool for the analysis of events and occupational accidents and diseases, the regular publication of reports on the causes of occupational accidents and diseases, and the extension of the requirement for insurance for occupational accidents to occupational diseases. The Committee requests the Government to continue providing information on the measures adopted to improve the collection and analysis of data on occupational injuries and diseases, and to strengthen collaboration with insurance and social security schemes, including within the framework of the national programme, and the results achieved.

Article 4(3)(d) and (h). Occupational health services. Occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes that, according to the information in the 2017 national OSH profile (prepared by a tripartite committee under the Occupational Medicine and Prevention of Occupational Risks Council), small and micro-enterprises (MSEs) represent 95 per cent of the economic fabric and employ over 50 per cent of employees in the private sector. The national profile indicates that the low rate of coverage of occupational health services in MSEs requires particular attention by the public authorities and social and economic partners. In the National OSH Programme, the Government makes a commitment to accompanying enterprises, and particularly MSEs and the informal sector, in their action for prevention. The Committee requests the Government to continue providing information on the measures adopted or envisaged to improve OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy, within the framework of the National OSH Programme. In particular, it requests the Government to provide information on the measures taken to broaden the coverage of occupational health services in MSEs, and the results achieved.

National programme

Article 5. Nationalprogramme. The Committee notes the adoption of the National OSH Programme for the period 2020-24. A plan of action for the same period has also been developed setting out the action to be taken. The Government indicates that a steering committee will be established to ensure the follow up and evaluation of the National Programme. The Committee also notes that the national profile, consisting of a diagnosis of the OSH situation in the country, was prepared in 2017. The Committee requests the Government to indicate whether the steering committee has been established and to provide information on its activities to follow up and evaluate the National Programme. It also requests the Government to indicate the measures adopted or envisaged to periodically review the National Programme on the basis of analysis of the national situation.

B.Protection against specific risks

Application in practice of Conventions Nos 13, 119, 136 and 162. The Committee notes the Government’s indication in its report that the National Programme envisages action for the development of an integrated electronic information system on occupational accidents and diseases. The Committee requests the Government to continue providing information on the development of the electronic information system on occupational accidents and diseases. It also requests the Government to continue providing the information available on the application in practice of ratified OHS Conventions, including on the number, nature and causes of reported occupational accidents and diseases.

While Lead (Painting) Convention, 1921 (No. 13)

Articles 1, 2 and 5 of the Convention.Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. Legislation. The Committee notes the Government’s reference, in response to its previous comment, to Order No. 4575-14 of 24 December 2014 of the Ministry of Employment and Social Affairs establishing the conditions for the use of lead and its compounds. Section 2 of the Order provides that the use of lead hydrocarbonate or white lead and lead sulphate, and all products containing any of these substances, is prohibited in any painting work. The Committee notes the Government’s information, which replies to its previous request.

Guarding of Machinery Convention, 1963 (No. 119)

Article 4 of the Convention. Obligations of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor. The Committee notes section 283 of Dahir No. 1-03-194 of 11 September 2003 promulgating Act No. 65-99 issuing the Labour Code, which prohibits employers from purchasing or hiring machinery or parts of machinery that present a risk of injury for workers and which are not equipped originally with appropriate protection devices of recognized effectiveness. It also notes the Vizirial Order of 11 June 1949 determining the list of machinery or parts of machinery that are hazardous for workers and for which there are protection devices of recognized effectiveness. However, the Committee notes that the Order does not appear to contain provisions specifying the obligations of vendors or hirers. The Committee requests the Government to indicate whether it envisages the adoption of an implementing text for the Labour Code in this regard, which sets out the obligations of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor.

Asbestos Convention, 1986 (No. 162)

Article 4 of the Convention. Consultation of representative organizations of employers and workers. The Committee notes that, according to the Government’s report, a study was undertaken in 2020 on improving the operation of the tripartite commission responsible for consultations on the application of international labour standards, in the context of the project Advancing the Decent Work Agenda in North Africa, in partnership with the ILO and the Swedish International Development Cooperation Agency (SIDA). The Committee requests the Government to continue providing information on the work of the tripartite commission on the application of the Convention, particularly for the protection of workers against health risks due to occupational exposure to asbestos, with an indication of the employers’ and workers’ organizations consulted, and the outcome of the consultations.

Article 6(2). Cooperation of two or more employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s reply to its previous comment indicating that there is currently no deposit of asbestos that is under active extraction in Morocco. Any future exploitation of these deposits will be subject to the provisions of Act No. 33-13 of 1 July 2015 respecting mines. Accordingly, each mining site will be exploited by a single mining enterprise which holds the related mining licence. The enterprise may have recourse to the services of subcontracting enterprises, but will constantly be required to ensure the application of labour regulations, including in relation to OSH. The Committee recalls that, under the terms of Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. The Committee requests the Government to provide information on the arrangements for cooperation when several employers undertake activities simultaneously at the same workplace, in addition to extraction activities, particularly in enterprises engaged in the demolition of equipment and works containing asbestos.

Article 8. Cooperation between employers and workers or their representatives. The Committee notes the Government’s reply to its previous comment in relation to section 430 of the Labour Code, in accordance with which, in the case of enterprises employing fewer than 50 employees, delegates of the employees shall be elected in all establishments normally employing at least ten permanent employees, and the delegates shall assume the responsibilities of safety and health committees in such cases. Moreover, in accordance with section 431 of the Labour Code, in the case of establishments employing fewer than ten permanent employees, it is possible to adopt the system of employee delegates, under the terms of a written agreement. The Committee notes the Government’s information, which replies to its previous request.

Article 14. Responsibilities of producers and suppliers of asbestos and of producers and suppliers of products containing asbestos. Further to its previous comment, the Committee notes with interest the adoption of Order No. 06-14 of 2 January 2014 determining the compulsory information, form and arrangements for the placing of labels on goods and products in the commerce and industry sector. Under the terms of section 1, in addition to the identification of goods and products and the indication of their nature and origin, the following information must appear on the label: the composition of the good or product where such information is necessary for consumers to be able to use it in full safety and the specific conditions for use, including necessary precautions. Section 6 provides that this information shall be drawn up in a visible and legible manner and shall be indelible to ensure that the information can be read without difficulty. The Committee notes the information provided by the Government, which replies to its previous comment.

Article 13. Notification by employers to the competent authority of certain types of work involving exposure to asbestos. Article 17. Demolition work. Article 20(4). Right of workers or their representatives to request the monitoring of the working environment. Article 21(3). Appropriate information provided to workers on the results of their medical examinations. Article 22(2). Policies and procedures on measures for education and training. Further to its previous comment, the Committee notes the Government’s indication that orders respecting the protection of employees against risks due to exposure to asbestos are still in the process of being adopted. The Committee requests the Government to take the necessary measures without delay to ensure the application of Articles 13, 17, 20(4), 21(3) and 22(2) of the Convention. In this regard, the Committee requests the Government to continue providing information on the progress made in the process of drawing up and adopting the orders and to provide copies of the orders once they have been adopted.

C.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October-November 2018), upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), classified Convention No. 45 as an outdated instrument and included an item on the agenda of the International Labour Conference in 2024 (112th Session) for its abrogation to be duly taken into consideration. The Governing Body also requested the Office to ensure follow-up with Member States that are currently bound by Convention No. 45 with a view to encouraging the ratification of up-to-date OSH instruments. The Committee therefore invites the Government to give effect to the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Tripartite Working Group of the Standards Review Mechanism, and to envisage the ratification of more up-to-date instruments in this field.

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

Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes the Government’s reply in its report to the effect that the draft reform of the staff regulations of mining enterprises has already been developed. As a consequence, all employees of mining enterprises, as well as those of subcontracting enterprises in mines, which normally employ a workforce of over or equal to 100 employees, will be subject to the new staff regulations, and they may be extended by order of the Government authority responsible for mines to mining enterprises with under 100 employees. The Government adds that the draft staff regulations of mining enterprises were the subject of several meetings with various actors in the mining sector, including the representatives of mining enterprises, the most representative unions in the sector and the ministerial departments concerned. The Committee requests the Government to continue providing information on the progress made in the process of drawing up and adopting the staff regulations of mining enterprises and their implementing orders, and to provide a copy of these texts once they have been adopted.

Article 3. Coherent policy on safety and health in mines. The Committee notes the adoption of the national policy on occupational safety and health and the working environment and the national programme, which includes time-bound objectives. The mining sector is one of the priority sectors targeted by the policy and by national programmes and, in this context, the Department of Energy and Mines has been a precursor in the modernization of the OSH legislative framework and regulations. Several draft regulations are in the process of being approved, including the draft reform of the staff regulations of mining enterprises, which is in the process of being adopted, as well as the draft decree issuing General Regulations on the exploitation of mines, which is being drawn up. Moreover, the Department of Energy and Mines is piloting one of the objectives of the national programme, which is to reinforce the prevention of occupational risks in the mining sector through the mapping of risks and the development of a plan to improve OSH. The Committee requests the Government to continue providing information on the implementation of the national OSH policy and programme in the mining sector, including the measures adopted and the results achieved.

Articles 5(2)(c)and 10(d) and (e). Reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters. Further to its previous comment, the Committee notes that Dahir No. 1.14.190 of 29 December 2014 issued under Act No. 18.12 on compensation for employment accidents (which repealed and replaced Dahir No. 1-60-223 of 6 February 1963) establishes rules on the procedures for the reporting and investigation of employment accidents. Moreover, section 28(2) of Dahir No. 1-60-007 of 24 December 1960 issuing the staff regulations of mining enterprises (hereinafter the staff regulations of mining enterprises) provides that the safety delegate shall proceed without delay to inspect the location where an accident has occurred which has resulted in the death of one or more employees or serious injury, or which may jeopardize the safety of the personnel, and that the notification of the accident shall be provided immediately to the delegate by the mine operator. The safety delegate may be questioned by the officials of the administration responsible for mines with a view to identifying the conditions under which an accident has occurred. In the case of mining enterprises not subject to the staff regulations of mining enterprises, the investigation on the scene shall be undertaken by mining engineers given responsibility for labour inspection in mining enterprises, in accordance with section 530 of the Labour Code. The Committee requests the Government to provide further information on the legislative provisions or established practices in relation to the reporting and investigation of cases of dangerous occurrences (incidents which could give rise to physical injuries or health hazards for persons at work or the public).

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee notes the Government’s reply to its previous comment, according to which an application for mining statistics has been purchased with a view to the management of updated data, including mining statistics, on accidents, occupational diseases and dangerous occurrences. This application has reached the final phase of its preparation so as to be able to exploit and export its data, which shall be the basis for any official publication. The Committee requests the Government to continue providing information on the preparation of this application, and to provide the statistics on accidents, occupational diseases and dangerous occurrences contained in the special bulletin published by the Department of Energy and Mines.

Article 5(2)(f). Procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and measures relating to safety and health at the workplace. The Committee notes the reference made by the Government, in reply to its previous comment, to the draft reform of the staff regulations of mining enterprises, which broadens their scope of application to mining enterprises normally employing a workforce over or equal to 100 employees, and that it may be extended by order of the government authority responsible for mines to mining enterprises with fewer than 100 employees. The Committee requests the Government to take the necessary measures within the framework of the draft reform of the staff regulations of mining enterprises to ensure that effective procedures are established to ensure the implementation of the rights of workers and their representatives in all mining enterprises, irrespective of the number of workers employed therein, to be consulted on matters and to participate in measures relating to safety and health at the workplace. Once the reform has been completed, the Committee also requests the Government to provide information on the number of mines with fewer than 100 employees in respect of which the Government authority has issued an order for the extension of their scope of application.

Article 5(4)(d). Storage and disposal of hazardous substances and waste produced at the mine. The Committee notes the Dahir of 2 March 1938 issuing regulations on the conditions for the storage and transport of combustible substances, inflammable liquids, powders, explosives, munitions and devices, compressed, liquified, solidified and dissolved gasses, poisonous, caustic and corrosive substances and toxic and nauseating products, and particularly the ninth title of the General Regulations on the exploitation of mines respecting explosives. The Committee notes that there do not appear to be provisions on the storage of hazardous substances other than explosives, or on the disposal of hazardous substances and waste. The Committee requests the Government to indicate the national provisions establishing requirements for the storage and disposal of hazardous substances and waste produced at the mine.

Article 5(4)(e). Supply and maintenance in a hygienic condition of eating and washing facilities. The Committee notes that, under section 9 of the General Regulations, neither workers nor employees shall take their meals in places in which work is performed. Moreover, section 11 of the General Regulations provides that the director general of public works may require the installation of a changing room with a washbasin. The Committee requests the Government to indicate the places where workers or employees may take their meals, with the assurance that these facilities are maintained in an adequate hygienic condition. It requests the Government to provide further information on the provision of changing rooms and washing facilities, and particularly on the number of mines for which the General Regulations require the installation of a changing room in accordance with section 11.

Article 6. Order of priority in dealing with risks. The Committee notes the information provided by the Government, according to which each exploitation or processing centre has a safety service under the responsibility of an engineer. It is composed of personnel specialized in safety and health. In certain mining enterprises, safety and health matters may also be supervised by a unit under the responsibility of the technical production services. The Committee requests the Government to indicate the manner in which the risks identified are dealt with in the order of priority set out in Article 6 of the Convention by the safety services or the technical production services.

Article 7(i). Stoppage of operations and evacuation of workers where there is a serious danger to their safety and health. The Committee previously noted that, under the terms of section 95 of the General Regulations, the site manager is required to evacuate the site in the event of danger and to prohibit access until the arrival of the supervisory staff. However, it notes that section 96 provides that workers shall not leave the worksite before they have secured it. The Committee notes the Government’s indication in reply to its previous comment that section 96 of the General Regulations on the exploitation of mines applies under normal working conditions, and not in the event of danger as set out in section 95. The Committee notes the Government’s indications, which reply to its previous request.

Article 9. Measures taken by the employer where workers are exposed to physical, chemical or biological hazards. The Committee notes the Government’s reference to the Labour Code, the General Regulations and Decree No. 2-98-975 of 23 January 2001 respecting the protection of workers exposed to asbestos dust. The Committee also notes Decree No. 2-12-431 of 25 November 2013 establishing the conditions for the handling of substances or products liable to prejudice the health of workers or compromise their safety, which provides for evaluation, prevention and control measures for chemical and biological risks. However, the Committee notes that this Decree does not appear to contain provisions requiring the provision to workers at no cost of protective equipment, clothing and other facilities. Section 161 of the General Regulations also provides for at least one adequate stretcher in establishments with more than 25 workers and a room intended to receive injured and sick workers and to provide them with first aid in workplaces where there are more than 100 workers. The Committee requests the Government to specify whether protective equipment is provided at no cost to workers under Decree No. 2-12-431 of 25 November 2013. It requests the Government to provide further information on the measures taken by the employer, in the event of an accident, to ensure the provision of first aid in cases where the thresholds set out in section 161 of the General Regulations are not met.

Article 10(a). Training of workers. The Committee previously noted that sections 35 and 36 of the staff regulations of mining enterprises (Dahir No. 1-60-007 of 24 December 1960) provide that a vocational training service responsible for the organization and provision of vocational training shall be established in each mining enterprise. It also notes that these provisions only apply to mining enterprises with over 300 employees. The Committee notes the Government’s indications concerning the training provided by the Department of Energy and Mines, the Mineral Industry Federation and by operators. The Committee requests the Government to indicate whether the requirement for employers to organize vocational training will be extended to mining enterprise with fewer than 300 employees in the context of the draft reform of the staff regulations of mining enterprises.

Articles 13(1), (2) and (4) and 15. Rights of workers and their representatives and exercise of these rights without discrimination or retaliation. Cooperation between employers and workers and their representatives. Further to its previous comment, the Committee notes the Government’s indication that the Labour Code applies to mining enterprises with fewer than 600 workers, in which section 27 of the staff regulations of mining enterprises does not permit the appointment of safety delegates. Chapter V provides for the establishment of a safety and health committee and determines its functions in enterprises with fewer than 50 employees. Moreover, under section 430 of the Labour Code, for enterprises with fewer than 50 employees, employee delegates shall be elected in all establishments normally employing at least ten permanent employees, and these delegates assume the responsibilities of safety and health committees. In accordance with section 431 of the Labour Code, in the case of establishments with fewer than ten permanent employees, it is possible to adopt the system of staff delegates under a written agreement. However, the Committee notes that the Government’s report does not contain any information on the effect given to Article 13(1)(a) to (e) and (4) of the Convention. The Committee once again requests the Government to provide detailed information on the manner in which effect is given to Article 13(1)(a) to (e) and (4) of the Convention in relation to the rights of workers and the exercise of the rights of workers and their representatives without discrimination or retaliation.

Articles 7(g), 8, 12 and 14(b) to (d). Responsibilities of employers and duties of workers. Absence of information on the application of certain provisions. The Committee notes the Government’s reference to sections 56, 57, 99 and 101 of the Mining Act with regard to the general obligations of employers in relation to OSH. The Committee notes the absence of substantive information on the application of the following Articles of the Convention: 7(g) (operating plan and procedures to ensure a safe system of work); 8 (emergency response plan); 12 (obligation of the employer in charge of the mine to coordinate the implementation of, and assume primary responsibility for, measures for the safety of operations); and 14(b) to (d) (duties of workers). The Committee once again requests the Government to provide detailed information on the manner in which effect is given to these Articles in law and practice.

Application in practice of Convention No. 176. The Committee notes the information provided by the Government that the development of an application for mining statistics has reached the final preparatory stage with a view to the management of updated data on mining statistics, as well as on cases of accidents, occupational diseases and hazardous occurrences. The Committee requests the Government to continue providing information on the development of the application for the centralization of mining statistics. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including information on the number and nature of the infringements reported and the number, nature and causes of occupational accidents and cases of occupational disease.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the Government’s indication in its report to the effect that Decree No. 2.08.528 (of 21 May 2009), concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume, was amended and supplemented by Decree No. 2.12.386 (of 14 September 2012). It also notes the adoption of Orders Nos 2626-12 and 2627-12 (of 16 July 2012), relating to the application of Decree No. 2.08.528.

Application of the Convention in practice. In several of its reports the Government has sent information on the forthcoming development of an information system capable of providing reliable statistics, which the Committee welcomed in its comments on the application of the White Lead (Painting) Convention, 1921 (No. 13). The Committee requests the Government to give a general appraisal of the manner in which the Convention is applied in the country. It also requests the Government to provide statistical information, once the information system has been set up, on the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of accidents reported, etc.

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

Legislation. The Committee notes the Government’s indication in its report to the effect that Decree No. 2.08.528 (of 21 May 2009), concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume, was amended and supplemented by Decree No. 2.12.386 (of 14 September 2012). It also notes the adoption of Orders Nos 2626-12 and 2627-12 (of 16 July 2012), relating to the application of Decree No. 2.08.528.

Application of the Convention in practice. In several of its reports the Government has sent information on the forthcoming development of an information system capable of providing reliable statistics, which the Committee welcomed in its comments on the application of the White Lead (Painting) Convention, 1921 (No. 13). The Committee requests the Government to give a general appraisal of the manner in which the Convention is applied in the country. It also requests the Government to provide statistical information, once the information system has been set up, on the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of accidents reported, etc.

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

The Committee notes the information provided by the Government in its latest report, including the attached copy of the Decree concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume (No. 2.08.528), adopted by the Council of Ministers on 7 May 2009. The Committee also notes the responses provided by the Government giving effect to Articles 6(3) and 10(2) of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring to its observation and on the basis of the provisions of the Decree concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume, approved by the Government Council on 30 October 2003, the Committee requests the Government to provide further information on the following points.

Article 6, paragraph 3, of the Convention. Directions from the competent authority on carrying out the measurement of the concentration of benzene in the air of places of employment. The Committee requests the Government to indicate whether the Ministry of Employment and Vocational Training, being the competent authority by virtue of section 18 of the abovementioned Decree, has issued directions for measuring the concentration of benzene in the air in workplaces. If so, the Committee requests the Government to send a copy of these directions.

Article 10, paragraph 2. Free medical examinations for workers. The Committee notes that the Decree on benzene of 2003 does not contain any provision guaranteeing that medical examinations which workers are required to undergo under sections 12 and 13 will not entail any expense for them. The Committee therefore requests the Government to take the necessary measures to this end.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with interest the adoption of a new Decree concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume.

A request regarding certain points is being addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s brief report.

It notes with interest the Government’s indication that the draft decree on benzene designed to give effect to the provisions of the Convention was approved by the Government Council on 30 October 2003. The Committee will examine this decree during its next session in 2004.

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

The Committee notes the Government’s report. It notes the Government’s indication that the draft Decree on benzene designed to give effect to the provisions of the Convention is still under examination by the competent authorities. In this respect, the Committee states that the Government had already indicated in its report for 1992 that the draft Decree, reflecting the Committee’s comments, had been prepared by the Ministry of Labour to supplement the legislation concerning occupational exposure to benzene. This draft Decree had been finally submitted for comments to the organizations of employers and workers concerned, after the Conference Committee had discussed the case in 1993 already for the second time. The Committee thus notes with deep concern that the adoption of the above draft Decree is pending for almost ten years. The Committee is therefore bound to urge the Government once again to take the necessary action to adopt the above Decree in the near future and, that it will give full effect to the Convention and particularly will meet the requirements set forth in Article 8, paragraph 1, of the Convention to ensure effective protection through the provision of adequate means of personal protection against the risk of absorbing benzene through the skin for workers who may have skin contact with liquid benzene or liquid products containing benzene. It further hopes that the Decree provides for the consultation of the most representative organizations of employers and workers with regard to the granting of temporary exemptions by the Labour Inspector under section 502 of the draft Decree, in conformity with Article 3 of the Convention. The Committee trusts that the Government will do its utmost to this end and that it will inform the Committee, in its next report, on the progress achieved in this regard.

(The Government is asked to reply in detail to the present comments in 2003.)

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report. It recalls that for a number of years it has been drawing the Government's attention to the need to include appropriate protection measures in its legislation respecting occupational exposure to benzene, in order to bring the law into compliance with the provisions of the Convention.

The Government stated as long ago as 1980 that the Committee's comments on this subject would be taken into account to supplement or amend, as appropriate, the provisions contained in the regulations issued under the draft Labour Code. In the observations made by the Committee after 1989, it noted that the regulations issued under the draft Labour Code contained provisions designed to give effect to a number of the requirements of the Convention on which it had been commenting since 1977. It also noted that the draft text did not contain provisions giving effect to Article 3 of the Convention (consultation of the most representative organizations of employers and workers concerned regarding the granting of temporary derogations by the labour inspector under section 502 of the draft regulations) or to Article 8, paragraph 1, of the Convention (the provision of adequate means of personal protection against the risk of absorbing benzene through the skin for workers who may have skin contact with liquid benzene or liquid products containing benzene). In 1993, the Committee noted the Government's statement in its report for 1992 that the Ministry of Labour had prepared a draft Decree taking into account its comments. According to the Government, the draft Decree would give effect to certain Articles of the Convention and would contain a provision requiring means of personal protection for workers who may be exposed to benzene vapour.

After noting the discussions held in the Conference Committee for the second time in 1993, the Committee noted that the above draft Decree, drawn up to supplement the legislation concerning occupational exposure to benzene, had been transmitted for comments to the organizations of employers and workers concerned.

The Committee once again notes with regret that the draft Decree has still not been adopted. It once again expresses the firm hope that the Decree will be adopted in the near future and that it will give full effect to the Convention, and particularly to Article 8, paragraph 1, which provides that workers who may have skin contact with liquid benzene or liquid products containing benzene shall be provided with adequate means of personal protection against the risk of absorbing benzene through the skin. The Committee trusts that the Government will take the necessary action for this purpose as soon as possible.

[The Government is asked to report in detail in 2000.]

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the discussions held in the Conference Committee in 1993. It notes, in particular, the Government's indication that a draft Decree had been prepared to complete the legislation with respect to occupational exposure to benzene and had been communicated to the employers' and workers' organizations for comment. The Committee further notes that the Government has requested the Office to provide technical assistance in the early part of this year to give advice on occupational safety and health policy and the measures to be taken to bring legislation into conformity with ratified occupational safety and health Conventions. The Committee trusts that the Decree will be adopted in the near future and that it will ensure the full application of the Convention, in particular, Article 8, paragraph 1, of the Convention which provides that adequate means of personal protection against the risk of absorbing benzene through the skin is to be provided to workers who may have skin contact with liquid benzene or products containing benzene.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report does not reply to its previous direct request. It hopes that the next report will contain full information on the following points which have been the subject of its comments since 1989:

In a previous direct request, the Committee noted that certain provisions of the Convention were currently applied by the Order of 18 August 1952 establishing specific health measures applicable to establishments where personnel are exposed to the dangers of benzene and by the Order of 25 August 1952 establishing a list of industrial jobs in which health measures for the purpose of avoiding benzene intoxication must be observed. It asked the Government whether these texts would remain in force after the adoption of the new Labour Code. In the absence of a reply from the Government, the Committee notes that under section 439 of the draft Labour Code, all provisions contrary to it or having the same subject-matter shall stand repealed, in particular a series of texts specifically enumerated, not including the two texts of August 1952 referred to above; under section 440, implementing texts shall provisionally remain in force, in so far as they are not contrary to the Code. The Committee again requests the Government to confirm that the two above-mentioned texts of August 1952 are to remain in force, and, if not, to indicate what measures have been taken or are envisaged to ensure the application of Articles 5, 6, paragraph 1, Articles 7, 8, paragraph 2, and Article 11, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In observations it has been making since 1989, the Committee noted that the regulations part of the draft Labour Code contained provisions to give effect to certain provisions of the Convention on which it had been commenting since 1977. It noted, however, that the draft did not contain provisions to give effect to Article 3 of the Convention (consultation of the most representative employers' and workers' organizations concerning the granting of temporary exemptions by labour inspectors under section 502 of the draft regulations) or Article 8, paragraph 1 (adequate means of personal protection against the risk of absorbing benzene through the skin for workers who may have skin contact with liquid benzene or products containing benzene). The Committee notes the indication in the Government's latest report that the Ministry of Employment has recently drafted a Bill to take account of its comments. In its report, the Government indicates the measures envisaged in the Bill to ensure application of certain Articles of the Convention. The Government refers to a provision under which workers who may be exposed to benzene vapour shall be supplied with adequate means of personal protection, but does not indicate the measures taken or contemplated in respect of the points raised on Articles 3 and 8 of the Convention. The Committee once again expresses the hope that the legislation envisaged to give effect to the Convention will be amended to take account of its comments and that it will be adopted in the very near future.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous direct request, the Committee noted that certain provisions of the Convention are presently applied by the Order establishing specific health measures applicable to establishments where personnel are exposed to the dangers of benzene, dated 18 August 1952, and by the Order determining the list of industrial work in which health measures for the purpose of avoiding benzene intoxication must be observed, dated 25 August 1952. It requested the Government to indicate whether these texts would remain in force after the adoption of the new Labour Code. In the absence of a reply from the Government, the Committee notes that under section 439 of the draft Labour Code, all provisions contrary to it or having the same subject-matter shall stand repealed, in particular a series of texts specifically enumerated, not including the two texts of August 1952 referred to above; under section 440, implementing texts shall provisionally remain in force, in so far as they are not contrary to the Code. The Committee again requests the Government to confirm that the two above-mentioned texts of August 1952 are to remain in force and, if not, to indicate what measures have been taken or are envisaged to ensure the application of Articles 5, 6, paragraph 1, Articles 7, 8, paragraph 2, and Article 11, paragraph 1, of the Convention.

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

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

In its previous observation, the Committee noted that the regulations part of the draft Labour Code contained provisions to give effect to a certain number of provisions of the Convention which had not been applied by national legislation previously. The Committee had, however, noted that the draft communicated by the Government called for improvement on the following points: in accordance with Article 3 of the Convention, provision should be made for the consultation of the most representative employers' and workers' organisations concerning the granting of temporary exemptions by labour inspectors under section 502 of the draft regulations; also, in accordance with Article 8, paragraph 1, measures needed to be taken to ensure adequate means of personal protection for workers who may have skin contact with liquid benzene or products containing benzene. The Committee noted the Government's statement in its report for the period ending 30 June 1989 that these comments had been taken into consideration in the latest draft of the regulations part of the Labour Code. The Committee once again expresses the hope that the amended draft will be adopted in the very near future and that, in its final form, it will give full effect to the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous direct request, the Committee noted that certain provisions of the Convention are presently applied by the Order establishing specific health measures applicable to establishments where personnel are exposed to the dangers of benzene, dated 18 August 1952, and by the Order determining the list of industrial work in which health measures for the purpose of avoiding benzene intoxication must be observed, dated 25 August 1952. It requested the Government to indicate whether these texts would remain in force after the adoption of the new Labour Code. In the absence of a reply in the Government's latest report, the Committee notes that under section 439 of the draft Labour Code, all provisions contrary to it or having the same subject-matter shall stand repealed, in particular a series of texts specifically enumerated, not including the two texts of August 1952 referred to above; under section 440, implementing texts shall provisionally remain in force, in so far as they are not contrary to the Code. The Committee again requests the Government to confirm that the two above-mentioned texts of August 1952 are to remain in force and, if not, to indicate what measures have been taken or are envisaged to ensure the application of Articles 5, 6, paragraph 1, Articles 7, 8, paragraph 2, and Article 11, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous observation, the Committee noted that the regulations part of the draft Labour Code contained provisions to give effect to a certain number of provisions of the Convention which had not been applied by national legislation previously. The Committee had, however, noted that the draft communicated by the Government called for improvement on the following points: in accordance with Article 3 of the Convention, provision should be made for the consultation of the most representative employers' and workers' organisations concerning the granting of temporary exemptions by labour inspectors under section 502 of the draft regulations; also, in accordance with Article 8, paragraph 1, measures needed to be taken to ensure adequate means of personal protection for workers who may have skin contact with liquid benzene or products containing benzene. The Committee notes with interest the Government's statement in its latest report that these comments have been taken into consideration in the latest draft of the regulations part of the Labour Code. The Committee once again expresses the hope that the amended draft will be adopted in the very near future and that, in its final form, it will give full effect to the Convention.