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

1. The Committee notes the information contained in the Government’s report, including partial responses to the Committee’s previous comments.

2. Article 2 of the Convention. Use of substitute products. The Committee notes that the Government refers to articles 7(1) and 7(2) of the Factories (Benzene) Regulations, according to which the National Occupational Safety and Health Information Centre (CIS) is required to offer advice on how to use harmless or less harmless substitute products instead of benzene or products containing benzene and the Department of Occupational Safety and Health Services is charged to transmit such information to employers. The Committee requests the Government to provide information in its next report on how effect is given to the requirement to ensure that available substitute products actually are used at workplaces instead of benzene or products containing benzene.

3. Article 4, paragraph 1. Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s statement that legislation prohibiting the use of benzene or products containing benzene in certain work processes has not yet been developed, but that work has been initiated to prepare such legislation. Given the long time that has passed since the Government ratified this Convention, the Committee expresses the firm hope that the Government in the very near future will adopt the required legislation giving effect to Article 4 of the Convention and asks the Government to transmit copies thereof once they have been adopted.

4. Article 6, paragraph 1. Measures taken to limit exposure of workers to benzene. The Committee notes the Government’s statement that, according to Regulation 6 of the Factories (Benzene) Regulations, local exhaust ventilation is recommended on all possible escape routes during the process of manufacturing, handling and use of benzene and productions containing benzene. With reference to the terms of the Convention, the Committee notes that according to this Article all necessary measures shall be taken in this respect. The Committee requests the Government to take adequate measures, including considering a regulation of this issue in the context of the legislative reform referred to above (paragraph 3 above), to ensure that benzene vapours are removed from the working environment when the work processes cannot be carried out in an enclosed system, in accordance with this Article of the Convention.

5. Article 6, paragraph 2. Maximum levels of concentration of benzene in the air at places of work. The Committee notes that, according to the Factories (Benzene) Regulations, the permitted concentration of benzene in the air of the places of work is 25 parts per million or 80 mg/m³, which corresponds to the limit referred to in Article 6, paragraph 2, of the Convention. The Committee wishes, however, to draw the Government’s attention to the fact that, since the adoption of this Convention in 1971, scientific knowledge has evolved. According to up to date scientific knowledge reflected in, for example, the limits recommended by the American Conference of Industrial Hygienists (ACGIH) are notably lower, and are presently recommended to be at a maximum of 0.5 parts per million or 0.6 mg/m³. Against this background, the Committee requests the Government to provide further information on the maximum limit value applied in practice for occupational exposure to benzene.

6. Article 8. Personal protective equipment. The Committee notes that the report is silent as regards its previous comment on this issue and reiterates its request to the Government to provide information on how it is ensured that workers who, for special reasons, may be exposed to concentrations of benzene in the air of places of employment which exceed the prescribed maximum are protected against the risk of inhaling benzene vapour.

7. Article 10, paragraph 1. Medical examinations. The Committee notes that, according to the Government, effect is given to article 10, paragraphs 1 and 2 by paragraphs 2 and 3 of the Factories (Benzene) Regulations and that, in practice, the Occupational Health, Safety and Research Bureau is often called upon to carry out such examination as they have the competent personnel and laboratories. Against this background, the Committee requests the Government to provide further information on the number of medical examinations carried out and their periodicity.

8. Article 14(c) and Part IV of the report form. Application in practice and inspection reports. The Committee notes that the inspectors are responsible for the supervision of the application of the Convention and that the Department of Occupational Safety and Health Services has established an occupational hygiene unit to provide training to the inspectors in order for them to carry out their duties. The Committee requests the Government continue to provide information on labour inspections and in particular, information on the number of inspections carried out, the number and nature of infringements found and any actions taken as a result.