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

The Committee takes note of the Government’s report. It draws the Government’s attention to the following points and requests the Government to supply further information as required.

1. Article 6, paragraph 2, of the Convention. Establishment of limits for occupational exposure. The Committee notes article 66 of Decree No. 594 of 29 April 2000 concerning basic health conditions and the working environment, establishing a concentration limit of benzene in the air of the environment of 1.3 mg/m3, which is below the concentration level established by the Convention. The Committee, however, would draw the Government’s attention to the fact that this limit has been established based on the scientific knowledge available in 1971, at the time when the Convention had been adopted. In the meantime, following scientific progress, the concentration limit for occupational exposure recommended by the American Conference of Industrial Hygienists (ACGIH) is nearly ten times lower, namely 0.5 ppm. The exposure limit of 1.3 mg/m3 fixed by the above Decree corresponds to 1.625 ppm. The Committee therefore invites the Government to consider the possibility to align the limit value currently in force for occupational exposure to benzene to the limit value recommended by the American Conference of Industrial Hygienists (ACGIH).

2. Article 6, paragraph 3. Issuing of directives by the competent authority for measuring benzene in the air. The Committee requests the Government to indicate whether the competent authority has issued directives for the measurement of the concentration of benzene in the air in places of employment.

3. Article 7, paragraph 1. Processes involving the use of benzene to be carried out in an enclosed system. The Committee requests the Government to indicate whether the use of benzene or products containing benzene, to the extent permitted according to article 10 of Decree No. 144 of 26 July 1985 on the production, distribution, store and use of organic solvents harmful to health, must be carried out, as far as practicable, in an enclosed system.

4. Article 8. Provision of personal protection means to workers against the risk of inhaling or absorbing benzene through the skin. The Committee notes article 68 of Act No. 16.744 of 1 February 1968 on the establishment of social insurance against accidents and occupational diseases, read together with article 11 of Decree No. 144 of 26 July 1985 on the production, distribution, store and use of organic solvents harmful to health, requiring the enterprise to provide workers with the necessary means of protection against the risk inherent in their work. In the same way, article 53 of Decree No. 594 of 29 April 2000 concerning basic health conditions and the working environment, obliges the employer to provide, according to the risks inherent to the work, adequate protection equipment to the workers. However, it does not derive from these provisions that specific means of personal protection against the risks of absorbing benzene through the skin or of inhaling benzene vapour have to be provided to the workers. Hence, the Committee requests the Government to specify the protection means that are put at the disposal of the workers concerned.

5. Article 9, paragraph 1, and Article 10, paragraph 1. Medical examination. With regard to the medical examination of workers, the Committee notes that the Government refers to article 12 of Act No. 16.744 of 1 February 1968 on the establishment of social insurance against accidents and occupational diseases. Article 12(c) provides for the carrying out of permanent activities related to the prevention of occupational accidents and diseases. The Committee notes the Government’s indication that the organs of the Social Security (Mutualidades), on the basis of this law, carry out pre-employment examinations of the workers at the request of the enterprises. The Committee, while taking into consideration the Government’s indications on the understanding of the above provision, observes that it appears to be left to the discretion of the individual employer to request medical examinations of his workers. In contrast, the Convention provides for medical examinations for fitness for employment of all workers exposed to benzene in the course of their work. These examinations must be carried out at different stages, namely prior to employment and periodically thereafter, and must include biological tests and blood tests at intervals to be fixed by national laws or regulations. The Committee therefore requests the Government to take the necessary measures to ensure that all workers concerned are subject to medical examinations prior to employment and periodically thereafter. With regard to the manner in which the medical examinations are to be carried out, the Committee draws the Government’s attention to Article 10 of the Convention providing for the obligation of the competent authority to approve qualified physicians responsible for such examinations, or categories of physicians whose qualifications or functions make them especially competent to carry out the examinations, with the assistance, as appropriate, of a competent laboratory.

6. Article 10, paragraph 2. Medical examination free of charge for workers. The Committee notes the Government’s indication that the medical surveillance does not involve the workers in any expense. The Committee requests the Government to specify the legal basis providing for medical surveillance free of charge for workers.

7. Article 11, paragraph 2. Prohibition to employ young persons under the age of 18 years in work processes involving their exposure to benzene. The Committee notes that pursuant to article 13, paragraph 2, of the Labour Code, young persons between 15 and 18 years of age may only be parties to a labour contract with the authorization of the persons indicated therein. Article 14 of the Labour Code specifies that young persons under the age of 18 years may not be employed, inter alia, in activities which are dangerous for their health, safety and morality. Hence, the Committee requests the Government to indicate whether activities involving exposure to benzene are covered by the prohibition set out under article 14 of the Labour Code, and to provide a copy of the list of activities prohibited for young persons under the age of 18.