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

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

The Committee takes note of the detailed information provided in the Government's report for the period ending 30 June 1991 in reply to its previous observation. It also notes the comment made by the Trade Union Confederation of Workers' Commissions (CC.OO.) that the observations which they had made in 1989 concerning the application of the Convention remain valid, since over 150,000 workers continue being exposed to benzene in the explosives, rubber, tanning, footwear, refining and distillation, dyeing, printing and production of DDT industries.

1. In its previous comments, the CC.OO had indicated that benzene is used principally as a solvent or diluent in open spaces. The Committee had recalled 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 or where there are other equally safe methods of work. The Committee notes that under section 5 of resolution No. 6248 of 15 February 1977, work with benzene and with products containing benzene (presumably including the use of benzene as a solvent or diluent) shall be carried out in an enclosed system whenever possible and, in its absence, other safety measures must be assured. It further notes that paragraph 2 of section 2 of the resolution strictly prohibits any work with products containing benzene to be performed outside of those workplaces where the implementation of the instructions contained in this resolution can be adequately and permanently monitored. In this regard, the Committee had previously noted that, by virtue of Article 14(c) of the Convention, the Government has undertaken to provide appropriate inspection services for the purpose of supervising the application of the Convention. The Committee notes the information provided by the Government concerning a specific action plan undertaken by the inspection service to send questionnaires to be filled out in all enterprises in which products containing more than 1 per cent by volume of benzene are used, including, in particular, the chemical, shoe, and tanning industries. The Committee requests the Government to send a copy of the report concerning the results of this action plan as soon as it is finished. In particular, the Committee requests the Government to indicate the number of workplaces in which benzene is used as a solvent or diluent and where, rather than using an enclosed system, other safety measures are used. In such instances, the Committee requests the Government to indicate which methods of work are used, whether these are considered equally safe as using an enclosed system, and if so, for what reasons.

2. In its previous observation, the Committee had noted the statistics provided by the CC.OO. which indicated that workers in the explosives, rubber, tanning, footwear, refining and distillation, dyeing, printing and production of DDT industries had 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 with interest from the Government's report that, as a consequence of the labour inspectorate's action plan, many enterprises have indicated their decision to substitute benzene with other less harmful products. It requests the Government to continue to provide information on the measures taken to ensure that, whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene, in accordance with Article 2, paragraph 1.

3. The Committee notes from the information provided in the Government's report that, according to the data already made available from the labour inspectorate's action plan, out of 1,561 work centres, there were only 20 in which the fabrication or use of benzene was detected. It further notes that, in those enterprises which produce benzene, certain instructions had to be given concerning the existing standards and that in some enterprises infractions were noted. The Committee requests the Government to indicate the types of infractions detected and, in particular, whether there were any cases of worker exposure to a concentration of benzene in the air exceeding 25 parts per million, contrary to the maximum limit value expressed in Article 6, paragraph 2 of the Convention and section 2 of the resolution.

4. In its previous observation, the Committee had noted that both the CC.OO. and the Government had made reference to black market enterprises involving the use of benzene in work processes in which certain provisions of the Convention were not adequately complied with, such as, in particular, the employment of pregnant and nursing mothers in such work processes, contrary to Article 11, paragraph 1. The Committee requests the Government to supply information on any efforts made by the labour inspectorate to investigate the possible use of benzene in black market enterprises and to ensure, by means of sanctions or otherwise, that pregnant and nursing mothers are not employed in any work processes involving the use of benzene, as required by section 10(c) of the 1977 resolution.