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

Benzene Convention, 1971 (No. 136) - Spain (Ratification: 1973)

The Committee takes note of the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) on the application of the Convention and the Government's reply to these comments.

1. In its comments, the CC.OO. has estimated that 150,000 workers are occupationally exposed to benzene or products containing benzene situated in the following industries: explosives, rubber, treatment of skins and footwear, refining and distillation, dyeing, printing, and production of DDT. The CC.OO. has also indicated that benzene is used principally as a solvent or diluent in open spaces. The Government has indicated that although there has been an increase in the use of benzene over the past years, the industries which have used benzene as a solvent in the past now use other products instead. The Committee would recall that, under Article 4, paragraph 2, of the Convention, the use of benzene as a solvent or diluent is to be prohibited, unless the process is carried out in an enclosed system. The Committee notes that the Government has taken the measures necessary for the application of this Article in promulgating the Joint Resolution of 15 February 1977. Nevertheless, by virtue of Article 14(c), the Government undertakes to provide appropriate inspection services for the purpose of supervising the application of the Convention. The Committee therefore hopes that the Government will indicate the measures taken in this regard and report any information which may call into doubt the observance of the prohibition of the use of benzene as a solvent or diluent in an open system.

2. Statistics have been provided by the CC.OO. which indicate that workers in the above-mentioned industries have suffered from a variety of occupational diseases which, although not exclusively linked to benzene exposure, could result from an exposure to benzene or exposure to a number of substances, including benzene. The Committee notes the information supplied by the Government concerning labour inspection and a variety of studies undertaken to investigate the cause of occupational diseases in some of these industries, as well as endeavours made to prevent the risks of these diseases. The Committee recalls that, by virtue of Article 2, harmless or less harmful substitute products are to be used instead of benzene or products containing benzene whenever available. With a view to facilitating the application of this Article, reference may be made to Paragraph 26 of the Benzene Recommendation No. 144, which provides that the competent authority in each country should actively promote research into harmless or less harmful products which could replace benzene. The Committee hopes that the Government will supply information on progress made in using harmless or less harmful substitute products instead of benzene and of the results of any research in this regard.

3. In reply to the comments made by the CC.OO., the Government has indicated that situations where workers are exposed to a concentration of benzene in the air exceeding 25 parts per million are rare. The Committee would note, however, that, by virtue of Article 6, paragraph 2, this ceiling value of 25 parts per million represents a strict maximum which should not be exceeded. Noting that the same ceiling was fixed in section 2 of Resolution No. 6248 of 15 February 1977 regulating the use of solvents and other compositions containing benzene, the Committee hopes that the necessary measures will be taken to ensure that effect is given to this provision.

4. The Committee notes that in both the comments made by the CC.OO. and the Government's reply, reference has been made to instances where certain provisions of the Convention are not adequately complied with, including black market enterprises involving the use of benzene in work processes where pregnant and nursing mothers are employed, contrary to Article 11, paragraph 1. The Committee notes the projects initiated by the Government concerning labour inspection and research relevant to the working environment. It notes that these projects have been undertaken in order to attain fuller practical application of the provisions of the Convention. The Committee hopes that the Government will continue to indicate the measures taken or envisaged to ensure application of the provisions which give effect to the Convention and to supply extracts from inspection reports and any statistics available on the number of employed persons covered by the relevant legislation and the number and nature of the contraventions reported.

5. The Committee is raising certain other points in a request addressed directly to the Government.