Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

United Republic of Tanzania

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 1983)
Chemicals Convention, 1990 (No. 170) (Ratification: 1999)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise, vibration)) and 170 (chemicals) together.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. Air pollution. The Committee previously noted the Government’s indication that the Occupational Safety and Health Bill was being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations were under review. It notes the Government’s indication in its report that the proposed Occupational Safety and Health Bill is still under review. The Committee requests the Government to provide information on the legislation or regulations adopted related to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, including the adoption of new occupational safety and health legislation.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee previously requested a copy of the air pollution standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. In this respect, the Committee notes with interest the Air quality – Specification Standard of the Tanzania Board of Standards, which establishes permissible limits of some common substances found in polluted air, namely sulphur dioxide, carbon monoxide, suspended particulate matter (dust), oxides of nitrogen, hydrocarbons and lead. The Committee notes that the Standard covers both the ambient air and emission sources.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. The Committee notes the Government’s reference, in reply to its previous request on the effect given to Article 11(3), to the Occupational Safety and Health Bill, currently under examination. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers who are transferred, because their continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government related to safety training courses provided by the Occupational Safety and Health Authority. The Committee requests the Government to provide further information on the measures taken to ensure that workers are instructed in the measures available for the prevention and control of, and protection against, air pollution.

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication in its report, in response to its previous comments, that the process of developing a Chemicals Management National Policy has started with the preparation of a concept note. The Committee requests the Government to continue providing information on any progress made in this regard.

Article 6(2) and (3) and 8(2). Assessment of the hazardous properties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Criteria for the preparation of chemical safety data sheets. The Committee previously noted the Government’s reference to a draft regulation to implement the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. The Government also indicated its intention to institutionalize the use of international chemical safety data sheets once such a regulation is adopted. The Committee further noted that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the United Nations Recommendations on the Transport of Dangerous Goods, were under review.

The Committee notes the Government’s indication that it is finalizing the specific regulation on the classification and labelling of chemicals to implement the GHS and that the regulation is expected to be in place by the end of 2020. The Government also states that it has reviewed some provisions of the Industrial and Consumer Chemicals (Management and Control) Act of 2003, in particular section 11(5), in order to address the issues of classification and labelling as part of GHS implementation. The Committee further notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provide for the transportation of chemicals (Part IV) and the requirement of labelling in case of transport (section 59 and 21st schedule). The Committee requests the Government to continue providing information on any developments regarding the adoption of the regulation to implement the GHS system, ensuring that full effect is given to Article 6(2) and (3) and Article 8 of the Convention. It also requests the Government to provide a copy of the new text once adopted.

Articles 7(1) and 9(2). Identification of all chemicals by labelling and marking and responsibility of the suppliers to forward revised labels and chemical data sheets. The Committee requests the Government to provide information on the measures taken to give effect to Articles 7(1) and 9(2).

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. Following its previous comments, the Committee notes the Government’s reference to section 75 of the Occupational Health and Safety Act of 2003. According to this section, the employer shall ensure that packages of hazardous chemicals are labelled and that an appropriate chemical safety data sheet is provided to workers prior to handling chemicals. The employer shall also ensure that all chemical containers maintain their original labels and quality in terms of colour, text and graphics. The Committee requests the Government to provide further information on the measures taken to ensure that where such chemicals have not been properly labelled or marked, the employers receiving the chemicals obtain the relevant information from the supplier or from other reasonably available sources, as required by Article 10(2) of the Convention.

Article 12(a). Exposure limits or criteria. The Committee requests the Government to provide information on the measures taken to ensure the establishment of exposure limits or exposure criteria in accordance with either national or international standards, in accordance with Article 12(a).

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Following its previous comments, the Committee notes that section 23 of the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provides for the contents of risk assessment and risk management programmes to be included for the approval and registration of entities dealing with hazardous chemicals with the Board of Directors of the Government Chemist Laboratory Authority, as required by section 45(2) of the Industrial and Consumer Chemicals Management Act regarding the use of chemicals at work. The Government also indicates that inspections are carried out at least twice a year in this respect and that risk assessments and records for medical surveillance, among others, are part of the essential information to be provided to inspectors. The Committee requests the Government to continue providing information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities and the results of the inspections carried out.

Article 13(1)(f). Personal protective equipment. Following its previous comments, the Committee notes the Government’s reference to section 62 of the Occupational Health and Safety Act of 2003, which provides that effective protective equipment shall be provided and maintained by the employer for the use of the persons employed in any process involving exposure to any injurious or offensive substance or environment. Additionally, section 94 prohibits any payment from workers or deduction of wages in respect of anything to be done or provided by the employer in pursuance of the Act. The Committee takes note of this information.

Article 15(b) and (c). Training and instruction on labels and chemical safety data sheets. Following its previous comments, the Committee notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 contain several provisions (sections 10(4)(c), 22(1)(b), 29(1)(b) and 33(h)) that require employers involved in the transport, distribution, sale, storage, loading and packaging of chemicals to provide training to workers on the handling of chemicals on a continuous basis. The Committee requests the Government to indicate whether instructions on labels and chemical safety data sheets are included in such trainings. It also requests the Government to provide further information on the contents and frequency of the trainings required by the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020.

Article 18(1) and (3)(a)–(d). Right to removal and rights of workers and their representatives to information. The Committee requests the Government to provide information on the measures taken to ensure that workers have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and shall inform their supervisor immediately, in accordance with Article 18(1). The Committee also requests information on the measures taken to ensure that workers and their representatives have the right to the information referred to in Article 18(3).

Article 19. Responsibility of exporting States. The Committee requests the Government to provide further information on the measures taken, including the Southern African Development Community Code of Practice, to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefor are communicated to any importing country.