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

The Committee notes the information provided by the Government in its latest report and requests the Government to provide further clarification on the following points:

1. Article 1(b) and Article 4, paragraph 1, of the Convention: (i) In its previous comments, the Committee noted the Government's indication that the protective measures prescribed by Resolution No. 02400 of 1979 applied to workers employed in all activities involving exposure to the risk of benzolism. The Committee had further noted that Regulation (No. 1102) of the Institute for the Supervision of Technical Regulations (ICONTEC) prohibits the use of pure benzene in the manufacture of paint thinners and products for stripping and authorises the use of thinners only with a benzene content of a maximum of 1 per cent by weight. The Committee had recalled that this Article of the Convention prescribes that its provisions shall apply to all activities involving exposure to benzene and products containing benzene when the contents of benzene exceeds 1 per cent by volume. A difference in this measurement could result in some products containing more than 1 per cent by volume of benzene not being covered by the ICONTEC regulations, contrary to the scope of the Convention as defined in Article 1.

The Government is, therefore, requested to indicate the measures taken or envisaged to amend the ICONTEC Regulation to bring it into line with the definitional scope of Article 1 of the Convention to cover all products containing more than 1 per cent by volume of benzene. It further requests the Government to indicate the measures taken to amend resolution No. 02400 so that it clearly covers not only work processes involving benzene, but also work processes involving products containing 1 per cent by volume or made of benzene.

(ii) In its previous comments, the Committee had expressed the hope that the Government would be able to further prohibit the use of benzene and products containing benzene in certain other work processes. The Government is requested to continue to supply information on any progress made in prohibiting the use of benzene and products containing benzene in other work processes, in accordance with this Article of the Convention.

2. Article 9, paragraph 1(b). The Committee notes from the Government's report that it is the employer's responsibility to establish the nature and frequency of medical examinations which shall be provided to his or her employees. The Committee would recall that this provision of the Convention calls for periodic re-examinations, including biological tests and blood tests, to be provided for workers employed in work processes involving exposure to benzene or products containing benzene, at intervals fixed by national laws or regulations. Periodic examinations, involving biological and blood tests, are necessary for an adequate determination of the effects of the exposure to benzene upon a worker's health to be made. The Government is requested to indicate the manner in which it is ensured that periodic re-examinations are provided to workers exposed to benzene at appropriate intervals to be determined by the competent authority and that such examinations shall include biological and blood tests.