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 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), and 176 (safety and health in mines) together.

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), communicated with the Government’s report.

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee notes the Government’s statement in its report that the adoption of the draft law amending the Labour Code has been delayed due to successive political, economic and social crises, including the persistent change of governments. The Committee notes the observations of the CGTL, according to which national labour legislation is interpreted in a way that favours the worker, so that Decree No. 11802 of January 2004 may serve as a reference point following its amendment. In addition, the Committee notes that, in the context of the joint ILO-UNITAR project “Implementation of the GHS, preventing chemical accidents and strengthening occupational safety and health”, a draft national OSH policy had been prepared. The Committee hopes that the Government will be in a position to finalize its labour law reform without delay and in consultation with the social partners and that the new law will address the legislative issues raised in its comments below. The Committee requests the Government to continue to provide information on the measures taken in this regard and to provide information on measures taken to adopt its national OSH policy.

Application in practice and labour inspection. The Committee notes that the joint ILO-UNITAR project “Implementation of the GHS, preventing chemical accidents and strengthening occupational safety and health” was implemented in 2021-22, which led to the development of a national OSH profile in Lebanon, with the technical support of the ILO. The Committee notes that, according to this national OSH profile, the number of routine periodic inspections was 1350 in 2020, 520 in 2021 and 230 in 2022, but there is yet to be a proper system for collecting data and reporting occupational accidents, diseases and fatalities. The Committee refers the Government to its comments adopted in 2024 under the Labour Inspection Convention, 1947 (No. 81).

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 13(d) of the Convention. Required remedial action based on technical findings and medical advice. Following its previous comments on section 38 of Decree No. 11802, which refers to the duties of the enterprise’s physician, the Committee recalls that Article 13(d) of the Convention refers to circumstances in which the employer shall take any necessary remedial action on the basis of technical findings and medical advice. Therefore, the Committee once again requests the Government to take measures, in accordance with Article 13(d), to specify the circumstances in which, because of the nature or degree of the exposure or a combination of both, the employer shall take any necessary remedial action on the basis of technical findings and medical advice.

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Training of workers before their assignment with a view to preventing accidents. Following its previous comments, the Committee notes the Government’s indication that labour inspectors will require employers to train workers who are assigned to move loads manually. The Committee requests the Government to provide further information on the measures taken, in law or in practice, to ensure that such training takes place.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. Following its previous request for information on any list of prohibited products containing benzene, the Committee notes that the Government refers to Resolution No. 5/1 of 12 January 2001 defining environmental requirements to be met for the issuing of licences for the establishment and/or the use of liquid fuel distribution stations. The Committee requests the Government to provide further information on any legislation adopted to prohibit the use of benzene and of products containing benzene in certain work processes, including by providing copies of any list published by the Ministry of Labour, pursuant to section 57 of Decree No. 11802.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee notes the Government’s indication that appropriate instructions for workers exposed to benzene or products containing benzene are only given during labour inspection visits. Considering that labour inspection visits cannot cover all workplaces, the Committee requests the Government to takemeasures to ensure that any worker exposed to benzene or products containing benzene receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning. The Committee requests the Government to provide further information on the measures taken or envisaged in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. Following its previous comments, the Committee takes due note of the information provided by the Government regarding section 1 of Decree No. 14229 of February 2005, which defines occupational cancer and the list of factors causing it, including benzene and asbestos. The Committee also notes the Government’s indication that occupational exposure to the hazardous carcinogenic substances listed under section 1 of Decree No. 14229 shall be prohibited. The Committee requests the Government to provide information on the specific provisions in national legislation which prohibit occupational exposure to the hazardous carcinogenic substances listed under section 1 of Decree No. 14229, and to indicate any measures taken or envisaged to grant exemptions from prohibition by issue of a certificate specifying in each case the conditions to be met.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the Government’s reference to decisions of the Minister for the Environment on the issuance of licenses for establishments, based on environmental conditions. In the absence of additional information on this matter, the Committee once again requests the Government to indicate the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examinations and promotional campaigns concerning asbestos-related activities. Following its previous comments, the Committee notes the information provided by the Government regarding the national legislation adopted which prohibits the import of asbestos. The Committee once again requests the Government to provide information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, as well as on the medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

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

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. Following its previous comments, the Committee notes the Government’s statement that no recent measures have been taken in relation to the provisions of Decree No. 1594 of March 2009, which defines the branches of economic activity excluded from the scope of Convention No. 148. However, according to the Government, the scope of application of Decree No. 8471 of July 2012 on environmental compliance for establishments, extends to certain establishments excluded under Decree No. 1594, namely, the industrial establishments in Categories III, as defined under Decree No. 5243. The Committee requests the Government to continue to indicate any developments regarding the extent to which it proposes to give effect to the Convention in respect of the branches excluded under Decree No. 1594, including on any measures to progressively cover all small and medium-sized enterprises. It once again requests the Government to provide information on consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. Following its previous comments, the Committee notes the Government’s indication that cooperation has been generally established and that there will be cooperation in the implementation of the Convention. The Committee requests the Government to indicate the form and manner of the collaboration between employers and workers at all levels in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. Following its previous comments, the Committee notes the Government’s statement that labour inspectors shall be accompanied, if required, by the competent persons at the establishment. The Committee requests the Government to indicate the measures taken to ensure that such competent persons include representatives of both the employer and workers.

Article 6(2). Collaboration between two or more employers engaged in the same workplace. In the absence of information on the measures taken, the Committee requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and to provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. Following its previous comments, the Committee notes the Government’s indication that workers may appeal to the appropriate bodies of the Ministry of Labour for counsel or file a complaint with the Ministry or the Labour Arbitration Council. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. Following its previous comments, the Committee notes the issuance by the Ministry of the Environment of Act No. 78 of 2018 on air quality protection, but observes that it does not cover air pollution within the work environment. The Committee also notes the information provided by the Government regarding the emission limit values fixed for various air pollutants, contained in the schedule of Decision 1/16 of 2022. The Committee once again requests the Government to indicate the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. Following its previous comments, the Committee notes the provisions requiring the monitoring, evaluation, control and prevention of ambient air pollution, contained in Act No. 78 of 2018 on air quality protection. The Committee also notes that Decree No. 8471 on environmental compliance for establishments, sets out the procedure to obtain three-year environment compliance certificates for establishments, but that such certificates do not appear to be mandatory. The Committee also observes that no information has been provided in relation to the hazards due to vibration. The Committee once again requests the Government to provide information on the measures, in law or in practice, to ensure that the working environment is, as far as possible, kept free from any hazard due to vibration, in accordance with Article 9 of the Convention. Regarding air pollution, the Committee requests the Government to provide further information on the application in practice of technical or organisational measures to ensure that, as far as possible, working environments are kept free from any hazard due to air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. Following its previous comments, the Committee notes the Government’s indication that, where alternative employment is not available, a worker may file a complaint with the Ministry of Labour pursuant to section 50 of the Labour Code. The Committee observes that section 50 of the Labour Code provides for the entitlement to claim an indemnity in the case of a misuse or abuse of the right to terminate an employment contract. The Committee requests the Government to indicate whether additional measures have been taken or are envisaged to maintain the workers’ income through social security measures or otherwise, in cases where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes the Government’s indication that the owner of a plant must inform the Industrial Research Institute of the equipment used and obtain its approval for its operation as well as an annual safety certificate after the Institute has conducted the requisite technical inspections. The Committee requests the Government to indicate the relevant legislative provisions setting out those obligations and to provide information on the application of this notification requirement in practice.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the Government’s indication that research projects are conducted by the Industrial Research Institute and by private and national universities. The Committee takes note of this information, which addresses its previous request.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes the Government’s statement that it faces difficulties in requiring undertakings with less than 15 workers to appoint a physician. The Committee requests the Government to continue to provide information on any measures taken or envisaged to ensure that employers in undertakings with less than 15 workers are required to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. Following its previous comments on the exclusion of certain branches of economic activity from the application of the Labour Code, namely, domestic servants, certain agricultural corporations and municipal or government services, and family concerns employing solely members of the family, the Committee notes the Government’s indication that the protection afforded to those categories of workers is ensured by the specific laws and regulations applicable to those areas of economic activity. The Committee also notes the Government’s indication the OSH duties of persons who employ workers under section 647 of the Obligations and Contracts Act. The Committee takes note of this information, which addresses its previous request.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. Following its previous comments on this issue, the Committee notes the Government’s indication that it follows a commodities classification systems and criteria that are compliant with the international Harmonized System (HS) Codes and cover industrial chemical products. Regarding the obligations of suppliers, the Committee notes the information provided by the Government regarding the adoption of Decision 1/2 of 2022 prohibiting the import of hazardous chemicals in industry, Decision 1/20 of 2021 relating to the submission of applications for initial approval to import dual-use chemicals, and Decision 1/42 stipulating that the Ministry of Industry be informed of the list of HS Codes for goods produced. The Committee requests the Government to provide detailed information on the measures taken to ensure that chemical safety data sheets for hazardous chemicals shall be provided to employers in accordance with Article 8. The Committee requests the Government to indicate the criteria for the preparation of such chemical safety data sheets.

Articles 15(b) and (c), and 16. Responsibilities of employers. Following its previous comments on the responsibilities of employers, the Committee takes due note of the indication of the Government regarding the adoption of Resolution No. 35 of 2022, which makes it mandatory to hire a chemical engineer or certified chemist in factories that use chemicals, both to conduct a preliminary inspection and to establish safety procedures. The Committee once again requests the Government to indicate the measures taken to ensure that employers, in discharging their responsibilities, cooperate as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work, in accordance with Article 16 of the Convention.

Article 19. Responsibility of exporting States. Following its previous comments, the Committee notes the information provided by the Government regarding the list of products subject to export and import restrictions. The Committee requests the Government to indicate the measures taken to ensure that in cases of export of chemicals subject to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. In the absence of additional information on this matter, the Committee once again requests the Government to provide information on any progress made in relation to the establishment of the Tripartite Consultative Committee on OSH that had previously been reported by the Government. The Committee requests the Government to provide information on any other measures taken to hold consultations with the representative organizations of employers and workers concerned on measures to give effect to the Convention.

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

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. In its previous comments, the Committee noted the Government’s indication that there are no underground mining activities in Lebanon but that the Convention applies to quarries. In this respect, the Committee notes the Government’s indication that most quarries are not operating on a full-time and formal basis and that a decree needs to be adopted to implement the Convention. The Committee requests the Government to take the necessary measures to give full effect, in law and in practice, to this Convention, and to provide information on the progress made in this regard, including on the tripartite consultations undertaken.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee urges the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention with respect to quarries.

Articles 5(5), 7(a), 7(g), 10(a) and (b). Employers’ obligations. The Committee notes that section 7 of the Decree No. 8803 of October 2002 regulating quarries and stone crushing plants requires license applications for quarries. Section 7 of Decree No. 8803 also requires license applications to include information such as maps of the quarry, the equipment of the quarry and the investor’s method of using and storing explosives. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to Articles 7(i) and 8 of the Convention.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation between employers and workers and their representatives. Further to its previous comments, and in the absence of additional information on this matter, the Committee requests the Government to provide information on measures taken or envisaged to give effect to these provisions of the Convention.

Article 10(d).Reporting and carrying out investigations when accidents have occurred. In the absence of additional information in this regard, the Committee once again requests the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12.Two or more employers undertaking activities at the same workplace. In the absence of additional information in this regard, the Committee once again requests the Government to take the necessary measures to give effect to Article 12 of the Convention.

Articles 13. Workers’ rights. In the absence of additional information in this regard, the Committee once again requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.