Chemicals Convention, 1990 (No. 170) - Mexico (Ratification: 1992)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (Underground Work (Women)), 115 (Radiation Protection), 155 (OSH), 161 (Occupational Health Services), 167 (Safety and Health in Construction) and 170 (Chemicals) in a single comment.

The Committee notes the observations of the Regional Labour Confederation of Mexico (CROM) on the application of Convention No. 45 and of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155, 167 and 170 communicated with the Government’s report. The Committee also notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) on the application of Conventions Nos 45 and 155, communicated with the Government’s report.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes that, in their observations, the CONCAMIN and the ITUC respectively emphasize: (i) the recent government decision to use coal in electricity production with, as a possible consequence, increased interest in producing and exploiting this mineral and thus heightening the occupational safety and health risks associated with the operation of irregular coal mines (known as “pocitos”), especially in the State of Coahuila; and (ii) the absence of joint safety and health committees in workplaces during the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard.

Legislation. The Committee notes the information provided by the Government in its report on the adoption in 2018 of Mexican Official Standards NOM-036-1-STPS-2018 and NOM-035-STPS-2018 which deal respectively with ergonomic and psychosocial risk factors at work, as well as the recent incorporation into the Federal Labour Act (LFT) of Chapter XII BIS regarding telework, which contains specific OSH provisions (sections 330-B, subparagraph IV; 330-E, subparagraph IV, 330-F, subparagraph III; 330J and 330K, subparagraph I). The Committee further notes that the National Programme for Quality Infrastructure adopted in 2021, the Sectoral Labour and Social Welfare Programme 2020-2024, and the Inspection Programme of 2021, provided by the Government, all include strategies and action intended to update the OSH standards framework, under the responsibility of the Secretariat of Labour and Social Welfare. The Committee trusts that the revision of OSH standards mentioned by the Government will take account of its comments on Convention No. 155, regarding the application of ratified OSH Conventions, and all its other comments, with a view to conforming fully with the framework of OSH standards established by the said Conventions. The Committee requests the Government to provide information on all progress made in this regard.

Article 11(d) of the Convention. Conducting inquiries. The Committee notes the information provided by the Government in reply to its previous comments, on the powers of the labour inspectorate and of the national OSH tripartite consultative committee to carry out investigations and inquiries in respect of OSH, including for the purpose of reducing risks in workplaces. With reference to its comments on the application of Articles 4 and 7 of the Convention (review of the national policy and situation in respect of occupational safety and health of workers and the work environment), The Committee requests the Government to provide information, on the inquiries conducted following occupational accidents, cases of occupational diseases or any other injuries to health which arise in the course of or in connection with work and which appear to reflect situations that are serious, and to the extent possible disaggregated by years and sectors.

Article 17. Two or more employers engaging in activities simultaneously at one workplace. The Committee takes note of the Government’s communication regarding the repeal in 2021 of section 15-C of the LFT. The repealed section provided that the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with regard to its workers. The Committee notes, according to the information provided by the Government, this repeal took place within the framework of a reform of the LFT adopted in 2021, which aimed to prohibit the subcontracting of personnel, except in the case of specialized activities. Following the repeal of section 15-C of the LFT, the Committee requests the Government to indicate the legal provisions, or other measures, that continue to oblige enterprises that engage in activities simultaneously at one workplace to collaborate in the application of the measures provided under the Convention. Should such provisions not exist, the Committee requests that the Government adopts, within the framework of the revision of OSH standards, measures to give effect to the provisions of Article 17 of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 3(1) and (2) of the Convention. Progressive establishment of occupational health services for all workers. The Committee once again requests the Government to provide information on the establishment in practice of preventive occupational safety and health services provided under Mexican Official Standard NOM-030-STPS-2009, in particular indicating the sectors or enterprises in which they already exist and operate, and those in which they need to be created (in the latter case, indicate the plans drawn up for the establishment of such services in consultation with the most representative organizations of employers and workers, where they exist).

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Articles 3(1), 6(2) and 7(1) of the Convention. Appropriate steps to ensure the protection of workers in the light of knowledge available at the time. Revision of maximum permissible doses of ionizing radiations. With reference to its earlier comments on the revision of the maximum permissible doses of ionizing radiations provided under the General Radiological Safety Regulations of 1988, in particular with regard to radiation to the lens of the eye, the Committee notes that the Government refers to the maximum doses set out in Mexican Official Standard NOM-041-NUCL-2013, which fixes annual limits to doses equivalent to 50 mSv and to 500 mSv for an organ or tissue (section 4.9). The Committee also notes that the Government is planning to amend the abovementioned standard through the adoption of draft Mexican Official Standard PROY-NOM-041-NUCL-2021, on annual limits of incorporation and concentrations derived in the air, section 3.7 of which refers to an annual limit equivalent to 150 mSv for the lens of the eye. The Committee observes that neither the standard to which the Government refers, nor the draft amendment, contain limits of doses to the lens of the eye applicable in light of new knowledge, nor do they refer to the limits to doses applicable to interns aged between 16 to 18 years who, in the course of their training, may be exposed to radiations. With reference to paragraphs 32 and 34 of its general observation of 2015 on the application of the Convention, the Committee requests the Government, within the framework of its revision of OSH standards, to adopt without delay measures to ensure that: (i) the dose limit to the lens of the eye is fixed at 20 mSv per year, averaged over defined five-year periods, with no single year exceeding 50 mSv per year; and (ii) with regard to interns aged 16 to 18 years of age, the effective dose limits are fixed at 6 mSv in a year, as well as the equivalent dose of 20 mSv in a year to the lens of the eye and150 mSv in a year to the extremities (hands and feet) or to the skin.

2. Chemicals Convention, 1990 (No. 170)

The Committee notes that the ITUC refers in its observations to the extensive use of hazardous substances for the health of workers engaged in mining, metal and steel working, as well as in fertilizer production. The Committee requests the Government to provide its comments in this regard.

The Committee notes the information provided by the Government on the application of the Convention in practice.

Article 4 of the Convention. Coherent national policy on safety in the use of chemicals. With reference to its earlier comments on the incorporation of the issues governed by the Convention into OSH policies developed at the state and federal levels, the Committee notes the information provided by the Government on the standards applicable to the use of chemical substances at work at national level, with particular emphasis on those that are hazardous or pollutant, as well as the adoption of a coherent national policy for the management of chemical substances, the purpose of which is to implement an appropriate and comprehensive system for handling chemical substances and products, guaranteeing rigorous protection for the health of the population and the environment from the risks associated with exposure thereto. The Committee requests the Government to provide a copy of the coherent national policy for the management of chemical substances, together with information on its implementation, describing the manner in which the most representative organizations of employers and workers have been consulted in the formulation and implementation of the said policy and the manner in which they will be consulted on its periodic review.

The Committee further notes that the Government refers to the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures, amending and updating the provisions on these issues established in Mexican Official Standard NOM-005-STPS-1998 currently in force. The Committee requests the Government to provide information on all progress made in this regard.

Article 5. Prohibition and restriction on the use of hazardous chemicals or advance notification and authorisation before their use. With reference to its earlier comments as to whether there exist mechanisms to give effect to this article of the Convention, the Committee notes that the Government: (i) provides a list of pesticides the importation, production, formulation and marketing of which has been prohibited and restricted by decree in the country; (ii) indicates that it is taking action to prohibit and restrict the substances listed in the Stockholm Convention on Persistent Organic Pollutants, including the adoption of amendments to the legislation governing general import and export duty, for the purpose of prohibiting the importation of certain substances. The Committee requests the Government to list other hazardous chemicals the use of which has been prohibited or restricted, as well as the hazardous chemicals that require advance notification or authorization, specifying the competent authority in this regard.

Article 6. Systems for the classification of all chemicals. The Committee notes the Government’s indication that it intends to establish a national registry of chemicals to ensure appropriate handling, evaluation, authorization, restriction of use and disposal of hazardous substances. The Committee requests the Government to provide information on the constitution, functioning and scope of the national registry of chemicals and, if applicable, a description of the manner in which the establishment of the registry gives effect to Article 6 of the Convention.

Article 10(3) and (4). Responsibilities of employers: use of chemicals that are classified or identified and labelled or marked and maintenance of a record of hazardous chemicals used. With regard to its earlier comments on the legislation giving effect to these Articles of the Convention, the Committee notes that the Government refers, inter alia, to Mexican Official Standard NOM-018-STPS-2015, which provides for a harmonized identification and communication system for hazards and risks related to chemicals in workplaces, and which repeals Mexican Official Standard NOM-018-STPS-2000, which regulated the same areas. The Committee notes that Mexican Official Standard NOM-018-STPS-2015 provides that employers shall: (i) mark all storage units, containers, racks or storage areas where hazardous chemicals and mixtures are stocked, according to specific rules on marking (sections 6.5 and 10); and (ii) keep an updated list of the hazardous chemicals and mixtures that are handled in the workplace, which must at least include the marking and labelling of such substances (section 8.1). The Committee requests the Government to indicate the measures adopted to ensure that the list of hazardous chemicals and mixtures which must be kept by employers under section 8.1 of Mexican Official Standard NOM-018-STPS-2015, includes references to appropriate chemical data safety sheets referred to in Article 8 of the Convention, and that the list is available to the workers and their representatives.

Article 18(1) and (2). Rights of workers to remove themselves when they have reasonable justification to believe there is an imminent and serious risk to their safety and health. Protection of workers against undue consequences of such removal. With regard to its earlier comments concerning the lack of legal provisions giving effect to these articles of the Convention, the Committee notes that the Government refers only generally to the adoption of the aforementioned draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures. The Committee again requests the Government to adopt the necessary measures without delay, including in the framework of the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, to guarantee workers the right to: (i) remove themselves from any danger arising 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 (ii) to be protected against undue consequences of such removal. The Committee requests the Government to refer to its comments in its observation regarding the application of Article 13 (protection of workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

C. Protection in specific areas of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes that the CROM, in its observations, indicates that in practice refusal to hire women to work in mines is discussed, and in most cases the decision is taken to hire men. The Committee also notes that the CONCAMIN recommends, in its observations, that the Government denounce the Convention.

The Committee recalls that the Governing Body of the ILO (at its 334th Session, October-November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take the necessary follow-up action to actively promote ratification of updated OSH instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee reminds the Government that it may avail itself of technical assistance from the Office in relation to this process.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in response to its earlier comments on Articles 16(2) (vehicles and earth-moving or materials-handling equipment, safe and suitable access ways and traffic control). Article 19(a), (b), (d) and (e). (Adequate precautions in excavations, shafts, earthworks, underground works and tunnels) and Article 21(2) (Physical aptitude necessary of persons who work in compressed air) of the Convention.

The Committee notes that, in its observations, the ITUC emphasizes that the obligation under the LFT to establish joint safety and health committees is not fulfilled in the majority of workplaces and is concerned at the incapacity of the labour inspection to cover the wide area imposed by construction work. The Committee requests the Government to provide its comments in this regard.

Article 8(2) of the Convention. Cooperation between employers or self-employed persons undertaking activities simultaneously at one construction site. With regard to its previous comments on the manner in which effect is given to this Article of the Convention, the Committee notes that the Government mentions various provisions related to the obligation for employers and workers to cooperate in OSH matters (in particular with regard to the joint safety and health committees that must be established on construction sites), that are contained in Mexican Official Standard NOM-031-STPS-2011 on construction and occupational safety and health. The Committee notes, however, that the Government does not refer to provisions contained in Mexican Official Standard NOM-031-STPS-2011, or in any other standard, that provide for cooperation in OSH between employers (or between self-employed persons) undertaking activities simultaneously at one construction site. The Committee requests the Government, including in the framework of the revision of the OSH standards, to adopt measures without delay to ensure that employers (or self-employed persons) carrying out activities simultaneously at the same construction site are obliged to cooperate in the application of the OSH measures defined in the national legislation. The Committee requests the Government to refer to its comments formulated in respect of the application of Article 17 (collaboration between two or more employers engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 9. Obligation of those concerned with the design and planning of a construction site to take into account the safety and health of the workers. With regard to its earlier comments relative to the adoption of measures giving effect to this Article of the Convention, the Committee notes that the Government refers to provisions in the aforementioned Mexican Official Standard NOM-0312-STPS-2011, which only contain definitions of the contractor, constructor, construction manager and sub-contractor, and do not provide for the obligation of those responsible for the design and planning of a construction site to take into account the safety and health of workers. The Committee requests the Government to specify if, according to national practice, those responsible for the design and planning of a construction site are obliged to take account of the safety and health of the construction workers. The Committee encourages the Government, within the framework of the revision of OSH standards to examine the adoption of measures to ensure that the legislation adopted includes the abovementioned obligation.

Article 12. Right of workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health. Obligation of the employer to take immediate steps to stop the operation. With regard to its earlier comments regarding the adoption of measures to give effect to this Article of the Convention, the Committee notes the Government’s indication according to which sections 343-C (obligations of mining-sector employers) and 343-D (instances where mineworkers may refuse to provide services) could be extended to cover the construction sector under section 17 of the LFT, which provides that, where the Act or its regulations, or other standards, do not include express provisions, the provisions of the LFT regulating similar cases shall be taken into consideration. The Committee also notes that the ITUC indicates in its observations that the LFT contains no provision similar to Article 12 of the Convention and that sections 343-C and 343-D of the Act do not refer to construction workers but to mine workers, who represent a minority comparted to the total number of workers. Noting that the abovementioned provisions of the LFT do not give effect to Article 12 of the Convention, the Committee requests the Government to adopt the necessary measures without delay to: (i) ensure that the legislation makes provision for and establishes the right of all workers to whom the present Convention is applicable to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health; and (ii) to give effect to the obligation of employers to take immediate steps to stop the operation and, if necessary, evacuate workers where there is an imminent danger to their safety. The Committee requests the Government to refer to the comments it has formulated in its observation on the application of Article 13 (protection of workers that remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

Article 20(1). Good construction of cofferdams and caissons. Article 22. Design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure. Article 23. Work done over or in close proximity to water. With regard to its earlier comments on the manner in which the legislation gives effect to these Articles of the Convention, the Committee notes the Government’s indication that the national legal system does not contain specific provisions referring to the good construction of cofferdams and caissons. The Committee requests the Government to provide information on the manner in which the application of the following Articles of the Convention is guaranteed in practice: Article 20(1) (on good construction of cofferdams and caissons), Article 22 (on the design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure), Article 23 ( on work done over or in close proximity to water).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4 of the Convention. Coherent national policy on the use of chemicals. Further to its previous comment, the Committee notes the information provided by the Government concerning the tripartite bodies responsible for advising public authorities at the state and federal levels on the elaboration of occupational safety and health policies. It however notes that the report does not contain any information concerning the development of a specific national policy on the use of chemicals at work. The Committee accordingly reiterates its request that the Government take the necessary measures, in consultation with the social partners, to ensure that the issues governed by the Convention concerning the use of chemicals at the workplace are included in the occupational safety and health policies developed at the state and federal levels, and to provide information on any development in this regard.

Article 5. Prohibitions and restrictions on the use of chemicals and the criteria used for that purpose under this Article. The Committee notes the Government’s reference to Mexican Official Standard NOM-010-STPS-2014 which establishes procedures for the identification, evaluation and control of chemical agents at the workplace and fixes maximum exposure limits for a number of chemical agents. The Committee requests the Government to indicate whether there exist mechanisms whereby the competent authority may, if justified on safety and health grounds, prohibit or restrict the use of certain hazardous chemicals or require advance notification and authorization before such chemicals are used, as provided under this Article of the Convention.

Article 10(3) and (4). Responsibilities of employers. While noting the Government’s reference to Mexican Official Standard NMX-R-019-SCFI-2011 on the harmonized system of classification and notification of hazardous substances, the Committee notes that its provisions do not give effect to Article 10(3) and (4) of the Convention which requires employers to use only certain chemicals and to maintain a record of hazardous chemicals used at the workplace which shall be accessible to all workers concerned and their representatives. Consequently, the Committee once again requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Article 18(1) and (2). Right of workers to remove themselves from danger. Further to its previous comments, the Committee notes the Government’s reference to sections 343-C and 343-D of the Federal Labour Act (LFT) which would establish a right for workers to remove themselves from danger resulting from the use of chemicals. The Committee however notes that these sections do not fully give effect to Article 18 as section 343-C sets out an obligation for the employer to evacuate the workplace in case of imminent danger, and that the right of workers to refuse to work, provided by section 343-D, is conditional on the decision of the joint committee on safety and health to confirm the existence of an imminent danger. Recalling that Article 18 of the Convention does not provide for such restrictive conditions, the Committee once again requests the Government to take all necessary measures to ensure that the right of workers to remove themselves and the right not to suffer any resulting undue consequences are recognized and protected in law and in practice.

Application of the Convention in practice. The Committee notes the information provided by the Government on the manner in which the occupational safety and health legislation is enforced in practice. It notes in particular the launch, in 2013, of the self-assessment electronic tool for employers. Further noting the results of inspection visits conducted between 2009 and 2014, the Committee requests the Government to continue to provide information on the practical application of the Convention, including specific information on occupational accidents and diseases caused by the use of chemicals and on preventive measures adopted to reduce their occurrence, as well as statistical data on inspection visits, any infringements to the relevant legislation and sanctions imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes Mexico’s comments on the communication of 20 May 2010 submitted by the National Union of Federal Access Roads and Bridges and Related Services (SNTCPF) concerning the follow-up to report GB.304/14/8. The Committee reiterates that it will follow up the action taken in response to the recommendations made by the Governing Body in the context of its examination of the application of the Occupational Safety and Health Convention, 1981 (No. 155), and refers the Government to its comments on the application of that Convention. The Committee requests the Government in its next report on the application of this Convention to provide the information requested by the Committee in its direct request of 2009.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Follow-up to the recommendations of the Tripartite Committee (representation made under article 24 of the Constitution of the ILO). The Committee notes the detailed communication sent by the above union, alleging non-observance by the Government of Mexico of the recommendations formulated by the Governing Body in its report on the above representation (document GB.304/14/8). The communication was transmitted to the Government on 2 August 2010. The Committee notes that the Government has not yet provided its comments on this matter. The Committee points out that it will follow up that communication and the action taken in response to the recommendations made by the Governing Body in the context of the examination of the application of the Occupational Safety and Health Convention, 1981 (No. 155), and refers to its comments concerning the application of that Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the developments in the legislation on this subject, including the adoption of the following provisions: Mexican Official Standard NOM-028-STPS-2005 on the organization of work safety in chemical processes; regulation on the land transport of hazardous materials and waste, version of 28 November 2006; Mexican Official Standard NOM-003-STC/2008 on the characteristics of labels and packaging for the transport of hazardous substances, materials and waste; and Mexican Official Standard NOM‑004‑SCT/SCT on the systems for the identification of units for the transport of hazardous substances, materials and waste, which are based on the globally harmonized system of classification and labelling of chemicals (GHS), with a view to establishing a system for the identification of hazardous chemicals. Furthermore, the Committee notes that the Government’s report includes comments by the Confederation of Workers of Mexico indicating that the Government consulted the Confederation in preparing its report and giving particulars of the consultation. With regard to the follow-up to the report on a representation alleging non-observance of certain provisions of the Convention, the Occupational Safety and Health Convention, 1981 (No. 155), and the Labour Administration Convention, 1978 (No. 150), the Committee refers the Government to its comments on the application of Convention No. 155.

Article 2. Definition of the terms “use of chemicals at work”, “branches of economic activity”, “article”, and “workers’ representatives”. The Committee observes that the definitions supplied are not fully consistent with those of the Convention, however it notes that according to the Government, they are in line with the definitions of the Convention. The Committee infers from this that they are used as meant by the Convention and requests the Government to confirm that they are used in practice within the meaning of the Convention, indicating whether the hazardous chemicals classified in conformity with Article 6 apply to the seven categories of activity set forth in Article 2(c) and whether they apply to all branches in which workers are employed, including the public service.

Article 4 of the Convention. Coherent national policy on the use of chemicals. The Committee notes that, although the Government indicates that there is still no specific national policy on the use of chemicals at work, it refers to its national policy applied in pursuance of Article 4 of Convention No. 155. In connection with its comments on that Convention, the Committee is of the view that Article 4 of this Convention is about including the subjects governed by this Convention that pertain to the use of chemicals at work, in the process of drafting, applying and reviewing the national occupational safety and health policy being developed in the country. In other words, the application of Article 4 of this Convention can be undertaken in the context of the general national policy on occupational safety and health, provided that the latter takes into account the specific requirements of this Convention. The Committee accordingly asks the Government to take the necessary steps, in consultation with the social partners, to give full effect to Article 4 of this Convention, and to provide information on all developments in this regard.

Article 5. Prohibitions and restrictions on the use of chemicals and the criteria used for that purpose under this Article. The Committee requests the Government to provide information on the mechanisms used to identify hazardous chemicals in order to prohibit or restrict their use or to require advance notification and authorization before they are used.

Article 6, paragraph 2. Assessment of the hazardous properties of mixtures composed of two or more chemicals. The Committee requests the Government to provide information on the effect given to this paragraph and, as appropriate, to indicate the manner in which the assessment referred to in this paragraph is carried out.

Article 10. Responsibilities of employers. With reference to its previous comments, the Committee notes the information supplied by the Government on various provisions of the Second Title of the Federal Regulations on Safety, Health and the Working Environment. The Committee finds that some doubts remain regarding the application of paragraphs 3 and 4 of this Article. It accordingly asks the Government to provide detailed information on the effect given to paragraph 3 (use only of certain chemicals) and paragraph 4 (maintenance by employers of a record, which must be accessible to all workers concerned and their representatives) of Article 10.

Article 18, paragraphs 1 and 2. Right of workers to remove themselves from danger and protection of workers against undue consequences of such removal. The Government appears to indicate that according to section 135 of the Federal Labour Act (LFT), “it is forbidden for workers to carry out any act which may endanger their own safety, that of their colleagues or of third parties, and that of the establishments or places in which the work is carried on”. The Committee nonetheless considers that this provision does not establish the right enshrined in the Convention. Section 135 of the LFT prohibits workers from carrying out any activity that places them or anyone else at risk, yet there are dangerous situations that are independent of any action carried out by workers. Article 18 of the Convention establishes the right of workers to remove themselves when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and the right not to suffer any resulting undue consequences. Such a situation could arise in mining for example, where workers may reasonably believe, from the vantage point of their location, that there is a serious and imminent risk of an accident regardless of their action or inaction which may not be discernible by others outside the mine or in another part of the mine. In such event the Convention gives them the right to move away in the interests of personal safety. Situations such as this would not appear to be covered by section 135 of the LFT, since the belief, based on reasonable grounds, that there is an imminent and serious risk, may be unrelated to what the worker does or fails to do, but may arise from causes quite alien to them. The worker, being inside a given context, may perceive dangers that may not be visible outside that context and they must therefore have the right to remove themselves. Consequently, given the importance of this right to the safeguarding of lives, the Committee requests the Government to take the necessary steps to ensure that this right is recognized and protected in practice and to provide information in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on occupational accidents and diseases relevant to this Convention, indicating the type of occupational accident and illness most frequently encountered and the measures taken to reduce their frequency. It also asks the Government to provide information on infringements reported by the labour inspectorate that relate to the Convention, indicating the most frequent infringements and the strategies taken to reduce them.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. Given the particular importance in the present context of access to information concerning chemicals, and ongoing international efforts to develop publicly available sources of information concerning chemicals on the Internet, the Committee would like to draw the Government’s attention to the Globally Harmonized System of Classification and Labelling of Chemicals (see http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.htm) in the context of the application of Article 7, the International Chemical Safety Cards (see http://www.ilo.org/public/english/protection/safework/cis/products/icsc/index.htm), in the context of the application of Article 8. Based on an examination of the report and the attached legislation, the Committee would like to raise the following questions.

2. The Government is requested to provide further information on the application of relevant legislation in practice in the application of the following provisions of the Convention:

–           Article 4. Formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work. The Government is also requested to submit a copy of the relevant national policy; and

–           Article 5. Prohibitions or restrictions concerning the use of chemicals and the criteria used for such determinations under this Article.

3. The Government is also requested to submit further information and clarification on the effect given, or envisaged to be given, to the following provisions of the Convention:

–           Article 2. Definitions of terms including definitions of the terms “use of chemicals at work”, “branches of economic activity”, “article” and “workers’ representative”;

–           Article 6, paragraph 1. Classification systems and whether any international standards such as the Globally Harmonized System of Classification and Labelling of Chemicals have been taken into account for the classification of chemicals;

–           Article 6, paragraph 2. Hazardous proprieties of mixtures of two or more chemicals and measures taken to ensure that hazardous proprieties of mixtures composed of two or more chemicals are determined by assessments based on the intrinsic hazards of their component chemicals;

–           Article 6, paragraph 4. Progressive extension of existing classification systems and their application;

–           Article 8. Chemical safety data sheets and in this context, whether use has been made of the International Chemical Safety Cards (paragraph 1); measures taken to ensure that the chemical or common name used to identify a chemical on a chemical safety data sheet is the same as that used on the label (paragraph 3);

–           Article 9. Responsibilities of suppliers;

–           Article 10. Employers’ obligations to ensure that all chemicals at the workplace are labelled or marked independently of their degree of hazard and that chemical safety data sheets have been provided (paragraph 1); that information is obtained concerning non-labelled or marked chemicals (paragraph 2); and that only properly labelled and marked chemicals are used (paragraph 3);

–           Article 11. Transfer of chemicals and the requirement that containers are marked when chemicals are transferred;

–           Article 18. Rights of workers and their representatives and workers’ right to removal (paragraph 1), protection of workers from undue consequences in cases of removal (paragraph 2);

–           Article 18, paragraph 4. Conditions for non-disclosure of information to workers and their representatives; and

–           Article 19. Responsibility of exporting States.

4. Part V of the report form. Practical application of the Convention. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice and to provide information such as extracts from inspection reports and statistics on numbers of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible.