Benzene Convention, 1971 (No. 136) - Guyana (Ratification: 1983)

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

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 115 (radiation protection), 136 (benzene), 139 (occupational cancer) and 155 (OSH) together.

General provisions

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

The Committee notes the information provided by the Government in response to its previous request regarding Article 19 of the Convention.

Application of the Convention in practice. Further to its previous comment, the Committee notes the information provided by the Government that most non-fatal workplace accidents continue to occur in the agricultural sector, specifically in the sugarcane fields. It also reports that, in recent years, there has been a significant reduction in the number of accidents, attributed to the reduced production of sugar and the emphasis placed by industry management on maintaining safe and healthy workplaces. In this respect, the Committee notes that there were 20 fatal accidents (and 625 non-fatal accidents) in 2022, 20 fatal accidents (and 577 non-fatal accidents) in 2023, and 19 fatal accidents in the first six months of 2024. The Committee requests the Government to continue to provide information on measures taken or envisaged to address the high number of accidents in the agricultural sector. It also requests the Government to provide further information on the manner in which the Convention is applied in the country in practice including the number and nature of the contraventions reported and the number, nature and cause of occupational accidents and cases of occupational diseases reported.

Articles 4, 7 and 15 of the Convention. Periodic review of the national policy. The Committee notes the Government’s reference to the National Advisory Council on Occupational Safety and Health (NACOSH), which is appointed annually and operates in accordance with the provisions outlined in section 10(7)(a) and (b) of the OSH Act of 1997. The Committee notes with interest the Government’s indication that the National OSH Policy was reviewed and revised in 2018 and subsequently re-launched in 2019, with support from the ILO Office for the Caribbean. The policy identifies seven key policy outcomes, including decreasing accidents and diseases related to OSH and encouraging a workplace health and safety culture, and states that it will be revised every five years or as deemed necessary. The Government further indicates that the OSH policy is scheduled for review and that it has requested ILO assistance in this process. The Committee also notes the Government’s indication that it is currently working on a review of the OSH Act, and it notes the activities of the NACOSH reflected in the Council’s annual report. The Committee requests the Government to continue to provide information on the review of the national OSH policy and the consultations held in this regard, as well as on the policy’s implementation. It also requests the Government to continue to provide information on the review of the OSH Act and the consultations held in this respect.

Article 6. Functions and responsibilities. In response to its previous comment, the Committee notes the Government’s reference to the OSH Act, which delineates the roles and responsibilities of employers (sections 45 to 47), supervisors (section 48), workers (section 49), occupiers and owners of industrial establishments (sections 50 to 53), suppliers (section 54) and directors and officers of corporate bodies (section 55). The Committee further notes the Government’s indication that the OSH Policy specifies responsibilities of these and other agents to ensure coordinated action among all agencies involved in OSH. These entities, which include the Ministry of Social Protection, the NACOSH, the Ministry of Public Health, the National Insurance Scheme, the Guyana National Bureau of Standards (GNBS), the Guyana Fire Service (GFS), the University of Guyana, and the Guyana Civil Aviation Authority, are expected to collaborate to improve working conditions and the workplace environment throughout the country. The Committee notes this information, which responds to its previous request.

Article 9. Adequate and appropriate system of inspection. The Committee notes the Government’s indication that the Labour and OSH Departments are currently separate departments within the Ministry of Labour, and that a combined total of 8,000 inspections were undertaken from 2021 to 2023. The Government also indicates that efforts are being taken to hire both Labour and OSH officers across the country. The Committee further notes the findings of the 2023 Report of the Auditor General on a review of the Ministry of Labour's OSH inspection process, which highlighted shortcomings within the OSH Department, such as: ineffective enforcement of workplace registration and insufficient planning and resource utilization for inspections; lack of technical skills among inspectors, impacting the effectiveness of inspections; absence of a comprehensive database of workplaces, hindering targeted inspections and accurate tracking of the total number of inspections conducted; inadequate documentation and monitoring of inspection findings, resulting in insufficient follow-up on corrective actions; and failure to impose fines and penalties for violations, further weakening enforcement efforts. With reference to its comments adopted in 2024 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to provide detailed information on the functioning of inspection services in relation to OSH, including measures to address the issues highlighted in the Report of the Auditor General of 2023.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that no specific measures have been undertaken through policy or law to fulfil the requirements under Article 12. The Committee also notes the Government’s reference to the Pesticides and Toxic Chemicals Control Act, pursuant to which the Pesticides and Toxic Chemicals Control Board manages a registration mechanism for pesticides and toxic chemicals manufactured in the country or imported. The Committee further notes that the Pesticides and Toxic Chemicals Control Regulations set forth requirements for the labelling and safe use of these substances. In addition, the Committee notes that section 65(1) of the OSH Act establishes that a person who supplies, manufactures or designs a workplace article that emits hazardous physical agents must ensure prescribed safety information on its hazards and proper use is readily available. The Committee requests the Government to take measures to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment and any substances for occupational use, so that such items do not entail dangers for the safety and health of those using them correctly in accordance with Article 12(a). It requests the Government to provide further information on the measures taken to implement Article 12(b) of the Convention, regarding the obligation to make available information, as well as Article 12(c).

Article 13. Protection from undue consequences. The Committee previously noted that pursuant to section 56 of the OSH Act, workers are entitled to refuse to work when they have reasonable basis for believing that a hazardous situation exists and presents an imminent or serious danger to their safety and health, or that of a fellow worker, but that certain categories could be excluded from the application of section 56 by virtue of an order of the Minister (section 56(2)). In this respect, the Committee notes the Government’s response that that no ministerial decrees or orders were issued by virtue of section 56(2) of the OSH Act, and that currently, the OSH Act applies uniformly across all industrial establishments. The Government also indicates that awareness sessions are conducted regularly with workers and joint workplace safety and health committees to educate them on their rights, obligations, and the importance of safe work practices. The Committee notes this information, which replies to its previous request.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that collaboration among employers is ongoing, particularly in the oil and gas and construction sectors. Employers are also encouraged to establish joint workplace safety and health committees or designate safety and health representatives, depending on the size of their operations. The Committee requests the Government to provide information on measures adopted or envisaged to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements of this Convention.

Article 20. Cooperation at the level of the undertaking. The Committee notes the Government’s reference to the OSH Act, which stipulates that workplaces employing fewer than 20 but more than five persons must have a designated safety and health representative. The Government also indicates that a draft Joint Workplace Safety and Health Regulation has been developed to streamline the operations of joint workplace safety and health committees and representatives and is awaiting parliamentary approval. The Committee requests the Government to continue to provide information on the adoption of the Joint Workplace Safety and Health Regulation.

Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Application in practice. The Committee requests the Government to provide information on the application of this Convention in practice, including statistics on the number of workers exposed to ionizing radiation and any other violations detected during labour inspection visits and their follow-up.

Article 7(1)(b) and (2). Exposure limits for young workers between 16 and 18 years of age. The Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182) where it noted that the Government is considering revising its list of hazardous work which is likely to harm the health, safety or morals of children. The Committee requests the Government to provide information on the measures adopted, including in the framework of this revision, to fix appropriate levels of ionizing radiation for young workers aged between 16 and 18 years who are directly engaged in radiation work and to forbid work involving ionizing radiations to workers under the age of 16.

Article 11. Appropriate monitoring of workers and workplaces. The Committee notes that, under section 8 of the Radiation Safety and Security Act, one of the Radiation Safety and Security Board’s functions is to monitor and assess activities and practices to verify compliance with the Act and with the terms and conditions of licenses. The Committee requests the Government to provide information on the measures taken to ensure the monitoring of workplaces and the safety of workers, including the cooperation efforts in this regard between the Radiation Safety and Security Board and the labour inspectorate.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee requests the Government to provide information on the measures adopted to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice.

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. The Committee requests the Government to provide information on measures adopted, including in the context of the ongoing legislative review, to ensure the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containing benzene.

Article 5. Preventive occupational hygiene and technical measures. The Committee requests the Government to provide information on the measures taken to ensure the adoption and implementation of preventive technical and occupational hygiene measures to ensure the effective protection of workers exposed to benzene or products containing benzene.

Article 6. Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. The Committee requests the Government to provide information on measures adopted or envisaged to bring national law and practice into conformity with the requirements of Article 6 of the Convention.

Article 7. Enclosed systems. Removal of benzene vapour. The Committee requests the Government to provide information on the measures adopted to ensure that work processes involving the use of benzene or of products containing benzene are carried out in an enclosed system, as far as practicable. It also requests the Government to provide information on measures taken to ensure that, where it is not practicable for the work processes to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

Article 8. Personal protection against the risk of absorbing benzene through the skin. The Committee requests the Government to provide information on measures taken to bring national law and practice into conformity with the requirements of Article 8 of the Convention.

Articles 9. Medical examinations. The Committee notes that section 47(1)(i) and (j) of the OSH Act requires employers to provide for medical examinations and safety-related tests for workers as prescribed, and stipulates that only those workers who have undergone such prescribed examinations, tests, or X-rays, and have been deemed physically fit, may be permitted to work in the workplace. Additionally, the Committee notes that the Pesticides and Toxic Chemicals Control Act authorizes the Pesticides and Toxic Chemicals Control Board to request periodic medical examinations of workers as specified by regulations, and mandates medical examiners or practitioners to report quarterly on cases of poisoning by pesticides and toxic chemicals (sections 31(2)(c) and 31(3)). However, the Committee notes there are no specific provisions addressing the obligation for pre-employment medical examinations for workers who are to be employed in work processes involving exposure to benzene or to products containing benzene and their periodic re-examinations. The Committee requests the Government to provide information on the measures taken to ensure that these workers shall undergo a thorough pre-employment medical examination for fitness for employment and periodic re-examinations.

Article 11(1) and (2). Prohibition of the employment of young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene, except in the context of education or training. Prohibition of the employment of nursing women. The Committee requests the Government to provide information on the measures taken, including within the context of the ongoing legislative review and the revision of its list of hazardous work which is likely to harm the health, safety or morals of children, to ensure that : (a) nursing mothers shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision.

Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene. The Committee requests the Government to provide information on measures taken to ensure that the word “Benzene” and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene.

Occupational Cancer Convention, 1974 (No. 139)

Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice, namely on the number of occupational diseases reported and workers exposed to carcinogenic or mutagenic substances.

Article 1(1) and (2) of the Convention. List of prohibited or restricted carcinogenic substances or agents. Exemptions from prohibition. The Committee notes the Government’s indication that the Pesticides and Toxic Chemicals Control Board (PTCCB), under the Pesticides and Toxic Chemicals Control Act and its Regulations, has an established mechanism for assessing carcinogenicity and safeguarding human health and the environment. The Government also indicates that the PTCCB oversees a comprehensive registration system for all pesticides and toxic chemicals but indicates that these registers are not classified by carcinogenicity. The Committee takes due note of the Government's indication that the list of prohibited and restricted substances was updated in 2022 and that the PTCCB has not granted any exemptions for substances prohibited under the Pesticides and Toxic Chemicals Control Act and its subsidiary Regulations. The Committee requests the Government to provide information on the measures adopted to ensure the implementation of a mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.

Article 2(1) and (2). Replacement of carcinogenic substances and agents. Number of workers exposed. The Committee notes the Government’s indication that it is endeavouring to incorporate provisions concerning the obligation to substitute carcinogenic substances and agents into the new OSH regulatory framework under development. The Government also indicates that data on the number of workers exposed to carcinogenic substances or agents is currently unavailable, though systems will be developed to collect this information. The Committee requests the Government to continue to provide information on the measures adopted to ensure that the draft Regulations on the Safe Use of Chemicals at Work contain provisions providing for the obligation to substitute carcinogenic substances and agents whenever possible, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the measures adopted to ensure the elaboration of statistics on number of workers exposed to carcinogenic substances or agents.

Article 5. Medical examinations. Following its previous comments, the Committee notes the Government’s indication that, to date, the PTCCB Board has not requested any medical examinations of workers from employers. The Committee requests the Government to provide detailed information on the measures adopted to ensure that medical examinations during the period of employment and thereafter are conducted for all workers exposed to carcinogenic substances and agents, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

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

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 115 (radiation protection), 136 (benzene) and 139 (occupational cancer) together.

Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1), 6 and 8 of the Convention. Legislation. Maximum permissible doses. Consultation of the social partners. The Committee notes the Government’s reference to the adoption of the Radiation Safety and Security Act (No. 10 of 2023). The Committee notes the new Act establishes the Radiation Safety and Security Board for the purpose of exercising regulatory control over the peaceful uses of ionizing radiation and contains obligations for licensees. Section 42 of the Act authorizes the Board, in consultation with the Minister, to enact regulations aimed at protecting individuals from injury due to ionizing radiation exposure, including setting dose limits that must not be exceeded during activities under regulatory oversight. Additionally, section 42(2) states that dose limits should align with recommendations from the International Atomic Energy Agency (IAEA) and the International Commission on Radiological Protection (ICRP). The Committee requests the Government to take the necessary measures to ensure effective protection of workers, as it relates to their health and safety, against ionizing radiations. It requests the Government to adopt the necessary regulations in order to ensure that maximum permissible doses or amounts are determined without delay, for both workers directly engaged in radiation work and for those who remain or pass where they may be exposed to ionizing radiations. Finally, it requests the Government to provide information on the consultations held with representatives of employers and workers on the Radiation Safety and Security Act and any subsequent regulations.

Article 12. Medical examinations. The Committee requests the Government to take the necessary measures in order to ensure medical examinations are prescribed and provided in practice to all workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examination at appropriate intervals.

Benzene Convention, 1971 (No. 136)

Legislation. The Committee notes that pursuant to the Pesticides and Toxic Chemicals Control Act, the Pesticides and Toxic Chemicals Control Board (PTCCB) manages a registration mechanism for pesticides and toxic chemicals manufactured in the country or that are imported. The Committee notes that the Board’s list of prohibited pesticides and toxic chemicals includes several benzene derivatives. The Committee also notes the Government’s indication that a review of the OSH Act and existing regulations is currently under way, with the aim of establishing a comprehensive legislative and regulatory framework that addresses all OSH-related matters. The Committee further notes the Government’s request for technical assistance to align national legislation and practices with the Convention’s requirements. The Committee takes note of this request for technical assistance and expresses the hope that this assistance will be provided in the near future. It also requests the Government to take measures to ensure that the reviewed regulatory framework gives full effect to the Convention and that the Committee’s comments on legislative matters are taken into account in the context of the review.

Article 4 of the Convention. Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s indication that the monitoring of benzene and substances containing benzene is ensured by the PTCCB. It further notes the Government’s indication regarding the use of benzene and its derivatives permitted in the country, and an indication of the products monitored by the PTCCB in that respect. The Committee requests the Government to take all the necessary steps, including in the context of the ongoing legislative review, to ensure that the use of benzene and products containing benzene is prohibited in certain work processes and that this prohibition includes at least the use of benzene and products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. It requests the Government to provide information on any developments in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Legislation. Further to its previous comment and noting the ongoing legislative review, the Committee requests the Government to take the necessary measures to ensure that the reviewed regulatory framework gives full effect to the Convention and that the Committee’s comments on legislative matters are taken into account in the context of the review.

Article 3 of the Convention. Exposure limits and protective measures. Records of exposure of workers at risk. In response to its previous comment, the Committee notes the Government’s indication that employers are mandated to ensure that safety data sheets and labels are accessible to all employees and that all relevant personal protective equipment, as specified on the product labels, is provided to workers handling these substances. The Committee once again requests the Government to take the necessary measures to establish an appropriate system of records at the national level. It also requests the Government to provide further information on the measures taken, including in the context of the legislative review, to protect workers against the risks of exposure to carcinogenic substances or agents.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes that the Government’s report does not provide any information on the application of the Convention, either in law or in practice. The Committee reiterates that current national laws and regulations are too general to give full effect to the provisions of the Convention and that specific measures should be taken to regulate the use of benzene and products containing benzene in accordance with the Convention. The Committee therefore once again requests the Government to take the necessary measures to ensure that the provisions of the Convention are applied in law and in practice. The Committee would also like to inform the Government that the Office is available to provide relevant technical assistance to assist in its efforts to bring national law and practice into conformity with this Convention.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government’s report does not provide any information on the application of the Convention, either in law or in practice. The Committee reiterates that current national laws and regulations are too general to give full effect to the provisions of the Convention and that specific measures should be taken to regulate the use of benzene and products containing benzene in accordance with the Convention. The Committee therefore once again requests the Government to take the necessary measures to ensure that the provisions of the Convention are applied in law and in practice. The Committee would also like to inform the Government that the Office is available to provide relevant technical assistance to assist in its efforts to bring national law and practice into conformity with this Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report does not provide any information on the application of the Convention, either in law or in practice. The Committee reiterates that current national laws and regulations are too general to give full effect to the provisions of the Convention and that specific measures should be taken to regulate the use of benzene and products containing benzene in accordance with the Convention. The Committee therefore once again requests the Government to take the necessary measures to ensure that the provisions of the Convention are applied in law and in practice. The Committee would also like to inform the Government that the Office is available to provide relevant technical assistance to assist in its efforts to bring national law and practice into conformity with this Convention.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report and the attached documentation. It notes that section 75(1)(b) of the Occupational Safety and Health Act (Act No. 32 of 1997) provides that, with respect to hazardous chemicals, physical and biological agents that might endanger the health of workers, the authority shall issue an order to prohibit, limit or restrict the use of such agents at a workplace. The Committee notes the detailed draft Regulations on the safe use of chemicals at work of 31 January 2003, which were attached to the Government’s report. It notes that Annex 1 provides a list of chemicals that are prohibited and that occupational exposure limits are provided in Annex 2, which refers to the international standard established by the American Conference of Governmental Industrial Hygienists. The Committee hopes that these regulations will be adopted in the near future and asks the Government to provide information to the Office once the Regulations on the safe use of chemicals at work are adopted, and hopes that they will ensure that the use of benzene and of products containing benzene is prohibited in certain work processes, and that occupational hygiene and technical measures are taken to ensure effective protection of workers exposed to benzene or to products containing benzene, in accordance with the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report and the attached documentation. It notes that section 75(1)(b) of the Occupational Safety and Health Act (Act No. 32 of 1997) provides that, with respect to hazardous chemicals, physical and biological agents that might endanger the health of workers, the authority shall issue an order to prohibit, limit or restrict the use of such agents at a workplace. The Committee notes the detailed draft Regulations on the safe use of chemicals at work of 31 January 2003, which were attached to the Government’s report. It notes that Annex 1 provides a list of chemicals that are prohibited and that occupational exposure limits are provided in Annex 2, which refers to the international standard established by the American Conference of Governmental Industrial Hygienists. The Committee hopes that these regulations will be adopted in the near future and asks the Government to provide information to the Office once the Regulations on the safe use of chemicals at work are adopted, and hopes that they will ensure that the use of benzene and of products containing benzene is prohibited in certain work processes, and that occupational hygiene and technical measures are taken to ensure effective protection of workers exposed to benzene or to products containing benzene, in accordance with the Convention.

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

1. The Committee notes the information contained in the Government’s report and the attached documentation. It notes that section 75(1)(b) of the Occupational Safety and Health Act (Act No. 32 of 1997) provides that, with respect to hazardous chemicals, physical and biological agents that might endanger the health of workers, the authority shall issue an order to prohibit, limit or restrict the use of such agents at a workplace. The Committee notes the detailed draft Regulations on the safe use of chemicals at work of 31 January 2003, which were attached to the Government’s report. It notes that Annex 1 provides a list of chemicals that are prohibited and that occupational exposure limits are provided in Annex 2, which refers to the international standard established by the American Conference of Governmental Industrial Hygienists. The Committee hopes that these regulations will be adopted in the near future and asks the Government to provide information to the Office once the Regulations on the safe use of chemicals at work are adopted, and hopes that they will ensure that the use of benzene and of products containing benzene is prohibited in certain work processes, and that occupational hygiene and technical measures are taken to ensure effective protection of workers exposed to benzene or to products containing benzene, in accordance with the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the Occupational Safety and Health Act, 1997, has been adopted. It notes that this Act does not contain any specific provision which regulates the use of benzene and products containing benzene as provided for in the Convention. In this respect, the Committee notes the Government’s indication that, in the absence of measures giving effect to the provisions of the Convention, the Occupational Safety and Health Division of the Ministry of Labour has been requested to take legal initiative in order to bring the national legislation into conformity with the Convention. To this effect, the Committee would draw the Government’s attention once again to the following points.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air or places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee reiterates its hope that the Government will take the necessary measures and will soon be in a position to report on progress made towards the adoption of measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

Article 11. The Committee notes that section 41, paragraph 1, of the Occupational Safety and Health Act, 1997, provides for a general prohibition to employ children in any factory or in the business of a factory outside the factory. In this respect, it would point out that Article 11 calls for measures to prohibit the employment of young persons under 18 years of age, pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee would therefore request the Government to indicate the measures adopted or envisaged to ensure that full effect is given to this Article of the Convention.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

I. The Committee notes that the Occupational Safety and Health Act, 1997, has been adopted. It notes that this Act does not contain any specific provision which regulates the use of benzene and products containing benzene as provided for in the Convention. In this respect, the Committee notes the Government's indication that, in the absence of measures giving effect to the provisions of the Convention, the Occupational Safety and Health Division of the Ministry of Labour has been requested to take legal initiative in order to bring the national legislation into conformity with the Convention. To this effect, the Committee would draw the Government's attention once again to the following points.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air or places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee reiterates its hope that the Government will take the necessary measures and will soon be in a position to report on progress made towards the adoption of measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

II. Article 11 of the Convention. The Committee notes that section 41, paragraph 1, of the Occupational Safety and Health Act, 1997, provides for a general prohibition to employ children in any factory or in the business of a factory outside the factory. In this respect, it would point out that Article 11 calls for measures to prohibit the employment of young persons under 18 years of age, pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee would therefore request the Government to indicate the measures adopted or envisaged to ensure that full effect is given to this Article of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Referring to its observation under the Convention, the Committee requests the Government to provide information on the measures adopted or envisaged with respect to the following provisions of the Convention.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air of places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 11. Measures to prohibit the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In comments that it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to the provisions of the Convention and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention. The Committee notes the Government's information in its report that a final draft Occupational Safety and Health Act has been prepared by officers at the Attorney-General's chamber for submission to Parliament. The Committee hopes that the Government will soon be in a position to report on progress made towards the adoption of specific measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

2. The Committee raises certain points in a request addressed directly to the Government.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In comments it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee noted the Government's indication in its report for 1992 that active consideration was still being given to the proposals for legislation concerning benzene, and that assistance from the ILO would be sought as soon as these proposals were accepted.

The Committee notes the Government's indication in its latest report that specific measures to give full effect to the Convention have still not been taken, but a national meeting was to be held in December 1993 to look at legislative reforms in the area of occupational safety and health. The Committee hopes that the Government will supply information on the decisions reached at this meeting on the extent of participation of representatives of employers' and workers' organizations in the meeting, and on progress made towards the adoption of the specific measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In comments it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee noted the Government's indication in its report for 1992 that active consideration was still being given to the proposals for legislation concerning benzene, and that assistance from the ILO would be sought as soon as these proposals were accepted.

The Committee once again expresses the hope that - on the basis of the consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to Articles 2, 4, 5, 6, 7, paragraph 1, Article 8, paragraph 1, Articles 9, 10, 11 and 12 of the Convention.

The Committee trusts that the next report will indicate the measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee notes the Government's indication in its latest report that active consideration is still being given to the proposals for legislation concerning benzene, and that assistance from the ILO would be sought as soon as these proposals are accepted.

The Committee once again expresses the hope that - on the basis of the consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to Articles 2, 4, 5, 6, 7, paragraph 1, Article 8, paragraph 1, Articles 9, 10, 11 and 12 of the Convention.

The Committee trusts that the next report will indicate the measures taken or envisaged in this regard.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

In previous comments, the Committee noted that national laws and regulations are too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee noted the Government's indication in its report received in 1989 that active consideration was being given to the customary manner of the use of benzene in an effort to recommend regulations to the Government, and that assistance from the ILO would be sought should these proposals find favour for implementation.

The Committee observes that in ratifying the Convention, the Government has accepted the obligation to take such steps as may be necessary to give effect to its provisions. The Committee accordingly again expresses the hope that - on the basis of the active consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to the following provisions of the Convention:

Article 2 of the Convention. Measures to ensure that harmless or less-harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air of places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 11. Measures to prohibit the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee hopes that the next report will indicate the measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In previous comments, the Committee noted that national laws and regulations are too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee notes the Government's indication in its report that active consideration is being given to the customary manner of the use of benzene in an effort to recommend regulations to the Government, and that assistance from the ILO will be sought should these proposals find favour for implementation.

The Committee observes that in ratifying the Convention, the Government has accepted the obligation to take such steps as may be necessary to give effect to its provisions. The Committee accordingly again expresses the hope that - on the basis of the active consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to the following provisions of the Convention:

Article 2 of the Convention. Measures to ensure that harmless or less-harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air of places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

11. Measures to prohibit the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee hopes that the next report will indicate the measures taken or envisaged in this regard.