Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s first and subsequent reports. It also notes the information provided with the Government’s report under the Occupational Cancer Convention, 1974 (No. 139), to the extent they have an impact on the application of this Convention. The Committee notes the adoption of the Safety and Health at Work Act, No. 2652 of 30 June 1999, laying down the framework as to the general obligations of employers and workers, and the measures to be taken to prevent dangers and harmful effects at work. Pursuant to its section 1, paragraph 3, in conjunction with section 63, executive regulations are to be issued by the Minister of Labour and the minister to whose jurisdiction the respective regulation relates within 12 month after the Safety and Health Act came into force. In this connection, the Committee notes the adoption of the Regulations of 8 October 1999 on the provision of safety and health to workers in workplaces, which impose obligations on the employer concerning safety and health, including electrical safety, fire protection, emergency exits, adequate temperature and lighting, sanitary installations, emergency evaluation plans, special installations for handicapped workers, and information of the personnel. It notes that these Regulations, however, do not address special protection requirements concerning workers’ exposure to benzene. The Committee further notes with interest from the Government’s report submitted under the Occupational Cancer Convention, 1974 (No. 139), the adoption of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, issued in 2000, which determine in particular the employers’ obligations concerning safety and health at work in relation to workers who come into contact with carcinogens or mutagens. Appendix I of the Rules, containing the list of carcinogenic and/or mutagenic substances and their limit values, classifies benzene as a carcinogen. In consequence, the Rules apply to workers exposed to benzene in the course of their work. In view of this fact, the Committee would draw the Government’s attention to the following points.

2. Article 2, paragraph 1, Article 3, paragraph 1, and Article 4 of the Convention. The Committee notes with interest section 10, paragraph 1 of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens providing for the employer’s obligation to substitute carcinogenic and/or mutagens in the production process by harmless or less harmless substances or preparations. In the event that the replacement is not possible, the employer must reduce their use to the lowest degree possible. The Committee further notes point 1 of Appendix III to the Rules prohibiting the manufacture and use of benzene. Point 3 of Appendix III, however, provides for certain exceptions to be granted from the general interdiction. In this context, the Committee notes sections 14 and 15 of the Rules prescribing that the use of carcinogenic and/or mutagenic substances is to be carried out in an enclosed system and, if that is not possible, the release of these substances are to be prevented by maintaining a system generating below atmospheric pressure. In the case that even the latter is impossible, the employer must separate the working procedures where such substances are used from other procedures in order to ensure a safe discharge of carcinogenic and/or mutagenic substances (section 15). While the Committee notes from the Government’s report of 1998 that benzene is no longer used in industry and has been replaced by other more suitable substances, it requests the Government to indicate whether benzene is still prohibited under the new Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, 2000, and if this is not the case, to specify the conditions under which a derogation from the general prohibition to use or manufacture benzene may be granted. In addition, with regard to the possible derogations to be granted under the new Rules of 2000, the Government is requested to indicate whether processes related to benzene may be exclusively carried out in an enclosed system and, if not, it is requested to confirm that processes carried out in a system generating pressure, that is below atmospheric pressure, to ensure protection for the workers concerned that is equivalent to the protection afforded by processes carried out in an enclosed system.

3. Article 6, paragraph 2. The Committee, while noting that section 14 of the Rules obliges the employer to manufacture carcinogenic and/or mutagenic substances in an enclosed system and, if that is impossible, the release of these substances must be prevented by means of maintaining appropriate below atmospheric pressure in the system, notes that the Rules do not contain any ceiling value for the concentration of benzene in the air of places of employment where workers are exposed to benzene or products containing benzene. The Committee accordingly requests the Government to indicate in which manner it is ensured that the ceiling value of 25 parts per million (80 mg/m3) prescribed by Article 6, paragraph 2, of the Convention, is not exceeded.

4. Article 6, paragraph 3. Please indicate whether instructions exist for measuring benzene in the air of places of employment in order to ensure homologue and comparable results.

5. Article 9. The Committee notes articles 15; 20, paragraph 4; and 22, of the Health and Safety at Work Act, No. 56 of 30 June 1999, providing for health examinations of workers. Pursuant to article 22, the types, manner, scope and frequency of those health examinations are to be prescribed by the Minister of Health in agreement with the Minister of Labour. Sections 32 and 33 of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, 2000, provide for pre-employment and periodical medical examinations of workers exposed to carcinogens and/or mutagens which must be carried out in accordance with the doctrine of industrial medicine. With regard to the content and types of medical examinations, the Government indicates in its report submitted under Convention No. 139 that they will be determined anew by the forthcoming Rules on preventive examinations of workers. The Committee accordingly requests the Government to indicate whether the legislative process in view of the adoption of the Rules on preventive examinations of workers is already under way. It further requests the Government to explain the content of the doctrine of industrial medicine which, to the Committee’s understanding, constitutes the basis to determine the type of medical examinations of workers.

6. Article 11, paragraphs 1 and 2. The Committee notes article 23 of the Health and Safety at Work Act, 1999, which obliges the employer to inform, inter alia, pregnant women workers and young persons under 18 years of age on the results of the risk assessment and the preventive measures taken to safeguard their health and safety at work. The Committee is therefore bound to conclude that the employment of women medically certified as pregnant, nursing mothers and young persons under the age of 18 in work processes involving exposure to benzene or products containing benzene is not prohibited. The Committee accordingly requests the Government to indicate the legislative measures envisaged to ensure that pregnant women, nursing mothers and young persons under the age of 18 are not engaged in any work involving exposure to benzene, in compliance with Article 11 of the Convention.

7. The Committee notes section 60 of the Safety and Health at Work Act, 1999, obliging the employer to regulate safety and health at work in his undertaking in accordance with the provisions of this Act within two years after the Act became effective, and section 51 of this Act assigns the supervision over the implementation of the Act and its implementing regulations to the Labour Inspectorate. The Committee requests the Government to provide details about the manner the Safety and Health at Work Act, 1999, indeed has been applied in practice at present.

8. The Committee finally notes section 65 of the Safety and Health at Work Act, 1999, enumerating the regulations that remain in force until the adoption of regulations governing health and safety at work. With particular regard to the adoption of the Rules on the protection of workers against the risks of exposure to carcinogens and/or mutagens, 2000, the Committee requests the Government to specify the regulations, which are currently still effective.