Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre el benceno, 1971 (núm. 136) - España (Ratificación : 1973)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 4, paragraph 2, of the Convention. Obligation to prohibit 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. The Committee understands that on 5 September 2006 an Order was adopted, No. Pre/2743/2006, to amend Annex I to Royal Decree No. 1406/1989 setting restrictions on the marketing and use of certain hazardous substances and preparations including trichlorobenzene, which may not be marketed or used as a substance or component of preparations in concentrations equal to or greater than 0.1 per cent by mass, except for use: as an intermediate of synthesis, or as a process solvent in closed chemical applications for chlorination reactions, or in the manufacture of 1,3,5-trinitro-2,4,6-triaminobenzene. The Committee understands that these restrictions will not apply until 15 June 2007. It also understands that with the adoption on 5 September 2006 of Order Pre/2744/2006 Annex I to Royal Decree was amended No. 1406/1989 to impose restrictions on the marketing and use of certain hazardous substances and preparations (polycyclic aromatic hydrocarbons in extender oils and tyres). Noting that tyres are produced by using extender oils that may contain polycyclic aromatic hydrocarbons (PAHs) which can be incorporated into the tyres, and as a result, PAHs can be emitted into the environment. PAHs, which include benzo(a)pyrene, have been classified as carcinogenic, mutagenic and toxic to reproduction. The Committee notes that in order to provide a high level of protection to human health and the environment, extender oils may not be marketed or used in the manufacture of tyres if they contain more than 1 mg/kg BaP, or more than 10mg/kg of the sum of all listed PAHs (Benzo(a)pyrene, Benzo(e)pyrene, Benzoanthracine, Benzofluoranthene and Dibenzoanthrene). The Committee notes that the restrictions will not apply until 1 January 2010. It also notes from the information provided by the Government that enterprises using benzene as a solvent (glues, adhesives, paints, varnishes, etc.) have been replacing it with other, less dangerous products, and that article 59 of the collective agreement of the Leather Goods Group of Madrid, Castilla-La Mancha, La Rioja, Cantabria, Burgos, Soria, Segovia, Avila, Valladolid and Palencia bans the use in any enterprise or activity of adhesives with benzoe or benzene, because it is considered toxic. In view of the foregoing and the hazardous nature of these substances and preparations, the Committee requests the Government to explain in its next report why it has postponed application of Order Pre/2743/2006 until 15 June 2007 and of Order Pre/2744/2006 until 1 January 2010. It also asks the Government to state whether it plans to ban the use, marketing and manufacture of other benzene derivatives in the near future. Lastly, with reference to its previous comments, the Committee requests the Government once again to provide a copy of the report issued on the outcome of the labour inspectorate’s action plan, carried out several years ago, for the supervision of the relevant legislation on benzene, and to state whether any similar action plans have been carried out recently.

3. Article 6, paragraph 2. Establishment of ceilings for occupational exposure to benzene. The Committee notes with interest the adoption of Royal Decree No. 349/2003 of 21 March 2003, section 9 of which sets the maximum limit for occupational exposure to benzene at 3.25 mg. The Committee requests the Government to continue to provide information on future legislative measures to reduce even further the maximum limit for concentration of benzene in the air.

4. Article 11, paragraph 1. Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. With reference to its previous comments, the Committee notes from the information sent by the Government that it conducted a number of campaigns in the provinces in connection with the problem of benzene being used in black market enterprises where pregnant women or nursing mothers work, but that no instances of this were noted. The Committee also notes with interest that the labour inspectorate has produced and edited a number of publications dealing with safety and health for pregnant women, aimed at making social workers and the inspectors themselves more aware of the problems that exist in this area. It refers in particular to the preparation and distribution of a good practices guide to improve safety and health for reproduction and maternity reasons, which deals at length with physical and chemical risks (including the use of benzene and its derivatives) at work. The Committee requests the Government to continue to provide information on progress made in applying the relevant legislation in all enterprises where pregnant women or nursing mothers work and in which benzene or benzene products are used. It also requests the Government to provide copies of the publications referred to in the report.

5. Part IV of the report form. Application of the Convention in practice. The Committee notes the statistical data in the Government’s report pertaining to inspections carried out in the period from 1997 to 2003 that concerned benzene. It notes with interest the decrease in the number of infringements reported and the number of workers affected in 2003 as compared with previous years. The Committee requests the Government to continue to provide statistical data showing how effect is given to the Convention in practice.