Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Bolivia (Plurinational State of)

Benzene Convention, 1971 (No. 136) (Ratification: 1977)
Asbestos Convention, 1986 (No. 162) (Ratification: 1990)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167 (OSH in construction) together.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes that the Government refers, in its report, to Technical Safety Standard (NTS) 009/23, adopted by Ministerial Decision No. 992/23 of 9 June 2023, on the OSH management programme, which updates NTS 009/18, adopted by Ministerial Decision No. 1411/18 of 27 December 2018. The Committee also notes that the Government indicates that, given that benzene is a hazardous substance, it is subject to the Regulations on activities involving hazardous substances of 8 December 1995. In this respect, the Committee notes that: (i) Annex 3 of the Regulations on air pollution of 8 December 1995 includes benzene in the list of hazardous carcinogenic substances; and (ii) pursuant to section 37 of the Regulations on activities involving hazardous substances, enterprises that generate hazardous substances shall consider measures for the prevention and optimization of their use, treatment and replacement, with a view to reducing the volume and harmful features of the hazardous substances. The Committee requests the Government to provide information, in the context of the application of the Regulations on activities involving hazardous substances, on the specific measures adopted or envisaged to ensure, in practice, the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene, including as a solvent or diluent. In its previous comments, the Committee noted the Government’s indication in its report that it had adopted measures for the elimination, prohibition and intentional production of products containing benzene. In this respect, the Committee notes the following: (i) Supreme Decree No. 2400 of 10 June 2015, amending and supplementing the Environmental Regulations for the hydrocarbons sector, adopted by Supreme Decree No. 24335 of 19 July 1996, sets out maximum permissible limits for benzene and ethylbenzene in liquid discharge into water bodies and soil (Annex 7); (ii) Administrative Decision of the National Service for Agricultural Health and Food Safety Alimentaria (SENASAD) No. 021/2005 of 22 February 2005, prohibits the import and use of hexachlorobenzene as an active ingredient in agriculture (section 1); and (iii) the Environmental Regulations for the industrial manufacturing sector, adopted by Supreme Decree No. 26736 of 30 July 2002, prohibit some types of hexachlorobenzenes and consider benzene, ethylbenzene, chlorobenzene and other hexachlorobenzenes extremely hazardous substances (Annex 10-A). The Committee requests the Government to provide information on any other legislative or regulatory provision on the prohibition of the use of benzene and of products containing benzene, at least as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(1). Prevention of the escape of benzene vapour. With reference to its previous comments, the Committee notes the Government’s indication that NTS 009/23 updates NTS 009/18 on the submission and adoption of OSH management programmes. In this respect, the Government indicates that, in accordance with section 10 thereof, within the framework of the submission of OSH management programmes, the enterprise or undertaking shall submit a chart for hazard identification and risk assessment (paragraph 4) and develop health surveys and monitoring that include the working environment chemical pollutants and suspended particulate matter (paragraph 5). The Committee requests the Government to provide information on the measures adopted by employers, in practice, under section 10(4) and (5) of NTS 009/23, to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used.

Asbestos Convention, 1986 (No. 162)

Article 17(1) and (3). Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Drawing up of a work plan in consultation with the workers or their representatives. Further to its previous comments, the Committee notes that the Governments refers to the provisions of Supreme Decree No. 2936 of 2016, regulating Act No. 545 of 14 July, on safety in construction, and NTS 006/17 on demolition sites, adopted by Ministerial Decision No. 387/17 of 17 May 2017. In this respect, the Committee notes that: (i) section 80 of Supreme Decree No. 2936 provides that all demolition work must be planned, scheduled and managed by a professional duly qualified to carry out this task; (ii) in accordance with section 6(11) of NTS 006/17, in order to initiate any demolition work, prior permission must be obtained from the competent authority; and (iii) a demolition plan must be designed (section 6(14) of NTS 006/17). The Committee requests the Government to indicate whether workers or their representatives are consulted on the demolition plan provided for in NTS 006/17.

Protection in specific branches of activity

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

Article 22(1) of the Convention. Erection of structural frames and formwork under the supervision of a competent person. Further to its previous comments, the Committee notes that the Government once again refers to the provisions of Supreme Decree No. 2936, as well as the General Act on Occupational Safety and Health, and Welfare, adopted by Legislative Decree No. 16998 of 2 August 1979. The Committee recalls that the erection of structural frames and formwork must be supervised by a competent person, for example, an immediate supervisor other than the site manager. The Committee once again requests the Government to indicate whether in practice the erection of structural frames and formwork is only carried out under the supervision of a competent person, as required by Article 22(1) of the Convention.

Article 23. Work over water. The Committee once again requests the Government toprovide detailed information on measures taken or envisaged, in law and practice, to ensure that when work is done over or in close proximity to water, there is adequate provision for: (i) the prevention of workers from falling into water; (ii) the rescue of workers in danger of drowning; and (iii) safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. The Committee notes that, in relation with its previous comments, the Government refers to the general provisions on hazardous and harmful substances contained in the General Act on Occupational Safety and Health, and Welfare. The Committee once again requests the Government to indicate whether the procedure and rules on the storage, handling or use and transportation of explosives referred to by sections 20(a)(iii) and 72 of Supreme Decree No. 2936 require such activities to be carried out only by a competent person, indicating whether this is required as part of the process to obtain a permit from the Ministry of Defence for the handling of explosives.