Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

White Lead (Painting) Convention, 1921 (No. 13) - Serbia (Ratification: 2000)

Legislation. Noting the adoption in 2009 of the Rulebook on preventive safety and health measures concerning exposure to chemical agents at the workplace, the Committee requests the Government to supply a copy of the text and to provide information on any other legal or regulatory texts adopted which would give effect to the provisions of the Convention.

Article 2(1) and (2), of the Convention. Regulating the use of white lead, sulphate of lead and all products containing these pigments in artistic painting or fine lining. With reference to its previous comment, the Committee notes that the Government’s report contains no information on measures taken with a view to regulating the use of white lead, sulphate of lead and all products containing these pigments in artistic painting or fine lining. Recalling that Article 2(2) of the Convention provides that the use of such substances and products for the purpose of artistic painting and fine lining must be regulated, in conformity with Articles 5, 6 and 7 of the Convention, the Committee once again requests the Government to take all necessary measures to define the limits of artistic painting and fine lining and to regulate the use of white lead, sulphate of lead, and all products containing these pigments in relation to these activities.

Article 3. Prohibition of the employment of workers under 18 years of age and of all female workers. The Committee notes that the Government refers to section 84 of the Labour Code which generally prohibits workers under 18 years of age from engaging in work which would entail exposure to toxic or carcinogenic substances. The Government adds that under section 6 of the Law on Safety and Health at Work, the special rights, obligations and measures concerning the safety and health of young and female workers are governed by this Law as well as by other regulations, collective agreements and employer’s decisions. However, the Committee notes that the Government does not specify the provisions which explicitly prohibit the employment of workers under 18 years of age and of all female workers in painting work involving the use of white lead. The Committee therefore requests the Government to provide further information on the measures taken or envisaged to ensure that the employment of workers under 18 years of age and of all female workers in industrial painting work involving exposure to white lead or sulphate of lead or other products containing these pigments is expressly prohibited. The Committee also requests the Government to indicate whether the employment of painters’ apprentices is permitted under the relevant legislation, as envisaged by Article 3, paragraph 2 of the Convention.

Article 5, Part I(a) and Part III. Regulating the use of white lead, sulphate of lead and of all products containing these pigments. While noting the Government’s reference to the provisions of the abovementioned Rulebook regarding the health surveillance of workers exposed to hazardous chemical agents, the Committee notes that the Government’s report contains no information regarding the effect given to Article 5, Part I(a) and Part III of the Convention. Therefore, the Committee once again requests the Government to provide information on:

• (a) any regulations adopted to prohibit the use of white lead, sulphate of lead and other products containing these pigments in painting operations, except in the form of paste or of paint ready for use (Article 5, Part I(a));
• (b) any measures taken for the notification of cases of lead poisoning and of suspected lead poisoning and for the medical examination of workers (Article 5, Part III).

Article 7. Statistics as to morbidity and mortality with regard to lead poisoning. Application in practice. In the absence of information in this regard in the Government’s report, the Committee requests the Government to describe the procedures established for the collection and compilation of statistics on morbidity and mortality due to lead poisoning among working painters, and to provide updated statistical data thereon. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information on the number of workers covered by the relevant legislation, inspection visits conducted, the number and nature of the contraventions reported and sanctions imposed.