Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its previous comments, and the attached legislation. It wishes to draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes that Annex 1, containing the list of binding limit values for occupational exposure, of the Grand Ducal Regulations of 30 July 2002 respecting the protection of the safety and health of workers against risks related to chemical agents at the workplace, includes the limit value for exposure to metallic lead and its compounds. However, there do not appear to be any regulations explicitly setting forth the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, except for railway stations or industrial establishments where the use of these products is declared necessary. In this respect, the Committee once again notes the Government’s indication that the principle of the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, as set forth by the Convention, is generally respected and that no use has been made of the exceptions envisaged in Article 2 of the Convention. As there do not appear to be any regulations prohibiting the use of the above substances, and in the light of the Government’s indications, the Committee recalls that, in accordance with Article 1 of the Convention, the decision as to whether or not to use white lead, sulphate of lead or products containing these pigments must not be left to the discretion of the Government. It therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 7. The Committee notes once again that the Government has not provided statistics concerning lead poisoning among working painters, as required by Article 7 of the Convention. It therefore once again requests the Government to provide statistics on morbidity and mortality due to lead poisoning.