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A Government representative indicated that his Government was called to supply information on the inadequacy of the national legislation in respect of benzene in the observations made in respect of his country on the Convention. In this respect he pointed out that a new Labour Code, elaborated with the technical assistance of the Office, was at present with the National Assembly and might be adopted at its next session. The particular feature of this new Code was the reinforcement of the provisions on the safety and health of the workers. The regulations prepared for its implementation were in full conformity with the ILO Conventions. If the Government in its report did not mention the decree referred to since 1984, it was because this decree could not be adopted due to changes which occurred in November 1990 and January 1994 in the Ministry of Employment and Public Service and because of the new law which would necessarily repeal a certain number of regulations. He added, however, that this Committee could be sure that his Government would soon take the measures necessary for the adoption of the implementing texts, in conformity with Articles 1, 2, 4, 6, 8 and 11 of the Convention, in order to ensure the individual and collective protection of workers exposed to benzene.
The Employers' members stated that while those countries who had ratified this technical Convention faced some quite tough requirements, it was necessary because working with benzene could be extremely dangerous and harmful to health. With respect to the Côte d'Ivoire, the experts have been making observations since the ratification of the Convention by that country in 1972 for the simple reason that the law of 1967 was considerably at variance with the requirements of the Convention. These requirements were quite clear and unambiguous and it should therefore be perfectly possible for the Government to include them in the draft legislation. According to the Government representative, this draft legislation, prepared with the assistance of the Office, was now before the Parliament, and the Employers' members hoped that it would in fact be adopted in the course of the next parliamentary session and later on be implemented. They requested the Government to send a copy of this draft legislation to the International Labour Office as soon as possible so that it could be examined once again. They also urged the Government to expedite the parliamentary adoption of this Bill, so that the Committee would finally be able to take note that Côte d'Ivoire was fulfilling its obligations under the Convention.
The Workers' members emphasized the importance of this Convention. For nearly 20 years, the Committee of Experts had noted the non-application of a number of the provisions of the Convention and that, since 1984, the Government had referred to a draft decree to rectify the situation. However, until now nothing had been approved or done to resolve these difficulties. The Workers' members considered that a period of ten years was too long to reply to the comments and to take the necessary measures, taking into account that in other cases concerning other Conventions the Committee of Experts was also obliged to note unfulfilled promises on the part of the Government and the same difficulties, as on Convention No. 52. There was a certain lack of will on the part of the Government to cooperate and to take into account the conclusions and the supervisory bodies. In view of the gravity of the problem and the fact that it presented real dangers for the health and even for the life of workers, the Workers' members believed that the Committee should urge the Government to take the comments of the Committee of Experts seriously, to speed up the adoption of new regulations and to furnish all the information on the measures taken in this field. They hoped that real progress could be registered next year.
The Government representative stated that he had taken due note of the suggestions made by the Employers' and by the Workers' members and assured the Committee that provisions would be taken in line with the recommendations made. He hoped that the texts necessary for the application of the Convention would be adopted in the near future.
The Committee noted the information supplied by the Government representative. It noted with concern, as had the Committee of Experts, that serious discrepancies had existed for many years between certain specific provisions of the Convention and the national legislation and practice, without any real progress having been registered. The Committee expressed the firm hope that the Government would, in the very near future, take all the necessary measures to ensure full application of the Convention, in legislation as well as in practice. The Committee requested the Government to supply, as soon as possible, the draft decree to the Committee of Experts and hoped that it would at last be able to note some real progress in the Government's next report.
Further to its observation, the Committee requests the Government to provide additional information on the following points.
Article 6(2) of the Convention. Concentration of benzene in the air of places of employment not exceeding a ceiling value of 25 parts per million (80 mg/m3, or 0.08 g per m3). Noting that, according to the Government, Decree No. 95–307 of 1 March 1995 gives full effect to this provision, the Committee requests the Government to provide detailed information on the measures taken to ensure that this rate is not exceeded, including, for example, extracts from relevant labour inspectorate reports.
Article 11(2). Prohibition upon young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training. For many years, the Committee has been recalling that this provision of the Convention prohibits young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training, subject to adequate technical and medical supervision. Indicating that the Convention does not permit other exceptions, such as the employment of young persons with special authorization by a physician, as contained in section 4 of Decree No. 95–307, the Committee requested the Government to amend the legislation and to take steps to ensure the application of this Article in practice. The Government reiterates that this exception will be repealed during the next revision of the regulations. The Committee requests the Government to provide more concrete information concerning the amendment of the legislation concerned. Pending the adoption of the amendments announced, the Committee requests the Government to take practical steps without delay to ensure that young persons under 18 years of age are not employed in the work mentioned, even with special authorization by a physician, and to provide information on the steps taken and their impact.
Action Plan (2010–16). The Committee notes with interest the documents entitled “National Occupational Safety and Health Policy” and “National Occupational Safety Plan 2010–14”, the latter of which indicates under objective 1.1 the desire to ratify the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Health Services Convention, 1985 (No. 161), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). It also notes the introduction of the document concerning the national policy, which indicates that “Due to the lack of an overall policy, there are problems in terms of both the design and the operation of the occupational safety and health system in Cote d’Ivoire, even though it is codified”. The Committee takes this opportunity to indicate that, in March 2010, the Governing Body adopted the plan of action to achieve widespread ratification and effective implementation of Convention No. 155, its 2002 Protocol and Convention No. 187 (see document GB.307/10/2(Rev.)). The Committee indicates that, under this plan of action, the Office envisages a whole series of actions to provide assistance to governments who request it to help them to bring their legislation and practices into line with the fundamental occupational safety and health Conventions in order to promote their ratification and effective implementation. The Committee requests the Government to provide information on any needs identified in this regard.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes that, despite a firm promise that the provisions of the Decree of 1 March 1995 would be aligned with the conclusions of the National Seminar on Occupational Risks related to Benzene and Prevention Strategies, held in Abidjan in 1998, the Government merely states in its last report that there has been no change in the legislation. However, the Government indicates that the practice of enterprises has been aligned with the abovementioned conclusions. It also indicates that the Directorate of Occupational Medicine ensures scrupulous observance of the abovementioned conclusions in its inspections of enterprises. The Committee requests the Government to take the necessary steps in the very near future to revise the abovementioned Decree to ensure that full effect is given to the provisions of the following Articles of the Convention: Article 6, paragraph 2 (the concentration of benzene in the air of places of employment not to exceed a ceiling value of 25 parts per million (80 mg/m3, or 0.08 g/ m3)), and Article 11, paragraph 2 (prohibition on young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training).
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 direct request.
It also notes the outcome of the work of the National Seminar on Occupational Risks related to Benzene and Prevention Strategies, held in Abidjan in 1998, and the respective report of the first “Legislative” Committee, which refers to the Convention and its Recommendation. It also notes the Government’s indication that, in the framework of the decrees issued under Act No. 95-15 issuing the Labour Code, the Decree of 1 March 1995 will be revised in order to bring it into conformity with the following Articles of the Convention: Article 6, paragraph 2 of the Convention (the concentration of benzene in the air of places of employment not to exceed a ceiling value of 25 parts per million (80 mg/m3, or 0.08 g per m3)); and Article 11, paragraph 2 (prohibition upon young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training).
The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention. It requests the Government to provide information on any progress achieved in this respect.
It also notes with interest the outcome of the work of the National Seminar on Occupational Risks related to Benzene and Prevention Strategies, held in Abidjan in 1998, and the respective report of the first "Legislative" Committee, which refers to the Convention and its Recommendation. It also notes with interest the Government's indication that, in the framework of the decrees issued under Act No. 95-15 issuing the Labour Code, the Decree of 1 March 1995 will be revised in order to bring it into conformity with the following Articles of the Convention: Article 6, paragraph 2 of the Convention (the concentration of benzene in the air of places of employment not to exceed a ceiling value of 25 parts per million (80 mg/m3, or 0.08 g per m3)); and Article 11, paragraph 2 (prohibition upon young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training).
With reference to its observation on the Convention and its previous comments, the Committee requests the Government to provide further information on the following points.
Article 6, paragraph 2, of the Convention. The Committee notes that, by virtue of section 4 of Decree No. 95-307 of 1 March 1995, amending section 4 (2)(11) D471 "technical prevention measures" of the Labour Code, the atmosphere in premises in which work is performed that is liable to cause intoxication by benzene must not contain more than 0.80 grams of benzene per m3. The Committee recalls that, in accordance with this provision of the Convention, the concentration of benzene in the air of the places of employment shall not exceed a maximum which shall be fixed by the competent authority and shall not exceed 80mg/m3, or 0.08g per m3. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that this level is not exceeded.
Article 11, paragraph 2. The Committee notes that under section 4 of Decree No. 95-307, young persons under 18 years of age are considered unsuited to work that is liable to cause intoxication by benzene, unless specially authorized by a physician or unless they have received education or training under adequate technical and medical supervision. The Committee recalls that this provision of the Convention prohibits the employment of young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene, except in the framework of vocational education or training, subject to adequate technical and medical supervision. The Convention does not permit other exceptions, such as the employment of young persons with special authorization by a physician. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to this Article of the Convention.
With reference to its previous comments, the Committee notes with satisfaction that Decree No. 95-307 of 1 March 1995 to amend the Labour Code (regulations) gives effect to Article 1; Article 2, paragraph 1; and Article 8, paragraph 1, of the Convention.
The Committee also notes the amendments made by the same Decree to the provisions of the Labour Code (regulations) to which the Committee had referred previously with regard to the application of Article 6, paragraph 2, and Article 11, paragraph 2. The Committee is addressing a request directly to the Government in this respect.
The Committee notes the information provided in the Government's report which refers to Decree No. 67-321 of 21 July 1967. In comments it has been making since 1976, the Committee has noted that a number of provisions of the Convention are not applied by the legislation in force. Since 1984, the Government has referred to the text of a draft Decree which was to be adopted in order to bring Decree No. 67-321 into conformity with all provisions of the Convention. Once again, the Committee notes that the Government's latest report makes no mention of the draft Decree and merely refers to the legislation which, as the Committee has already noted, does not satisfy the full application of the Convention. The Committee trusts that the Government will shortly take the necessary measures, through adoption of the draft Decree or otherwise, to ensure that effect is given to the following Articles of the Convention:
Articles 1 and 4 of the Convention. In earlier comments, the Committee noted that section 4 D 453 of Decree No. 67-321 of 21 July 1967 prohibited the use of benzene as a solvent, but defined products containing benzene for this use in terms of the level of distillation. In its latest report, the Government indicates that the distillation curve and the composition of solvents set forth in section 4 D 453 is mandatory according to the standards made uniform by decree of the Minister of Employment and Public Service after consultation with the technical advisory committee on the safety and health of workers. The Committee must, however, once again recall that, under Article 1, the provisions of the Convention are to be applied to benzene and products the benzene content of which exceeds 1 per cent by volume, regardless of the level of distillation. The Committee once again expresses the hope that the necessary measures be taken to ensure that the prohibition of the use of benzene or products containing benzene as a solvent, established in section 4 D 453, be amended so as to strictly cover the use as a solvent of all products containing more than 1 per cent by volume of benzene.
Article 2, paragraph 1. The Government indicates that, while there are no measures in national legislation to ensure that the use of benzene or products containing benzene be replaced by harmless or less harmful substitute products whenever such products are available, this would be ensured through specific safety and health measures applicable in establishments. The Committee trusts that the Government will take the necessary measures, by means of legislation or otherwise, to ensure that this Article of the Convention is applied.
Article 6, paragraph 2. The Government has indicated in its report that ventilation or aspiration is provided in the workplace to ensure that the level of benzene vapour in the air does not exceed 80 mg/m3. The Committee would recall that this provision of the Convention calls for a maximum limit to be set by the competent authority for the level of concentration of benzene vapour in the air not to exceed 80 mg/m3. The Government is requested to take the necessary measures to ensure that this level is not surpassed.
Article 8, paragraph 1. The Committee notes from the Government's report that, in all types of activities involving exposure to benzene, workers must be provided with personal protective equipment, such as respiratory masks. The Committee would once again recall that this Article of the Convention calls for personal protective equipment to be provided for workers who may, for special reasons, be exposed to concentrations of benzene in the air of places of employment exceeding the maximum permissible level set forth in Article 6, paragraph 2, of the Convention and requests the Government to indicate the measures taken to ensure that this protective equipment is provided.
Article 11, paragraph 2. In its previous comments, the Committee noted that the recommendations to doctors annexed to Part XVII, Chapter II, Title II of the Labour Code provides that there is reason to consider young women under the age of 18 as unfit for work likely to cause benzene poisoning and the same recommendation applies to young men under 18, unless special medical authorization is given. The Committee noted from the Government's previous report that this recommendation was binding. In its latest report, the Government indicates that there is no legal provision formally prohibiting young persons under the age of 18 from work involving exposure to benzene, nor is there any provision requiring special medical authorization for persons undergoing education or training involving exposure to benzene. The Committee would recall that this Article of the Convention provides that young persons under the age of 18 shall not be employed in work processes involving exposure to benzene, with the exception of young persons undergoing education and training who are under adequate technical and medical supervision. The Government is requested to indicate the measures taken or envisaged to ensure the application of this Article of the Convention.
The Committee notes the Government's report which reproduces information from earlier reports but contains no reply to the Committee's previous observations.
In the comments it has been making since 1976, the Committee has noted that a number of provisions of the Convention are not applied by the legislation in force. Since 1984, the Government has referred to the text of a draft Decree which was approved by the the Health and Safety Advisory Committee and was to be adopted in order to bring Decree No. 67-321 of 21 July 1967 into conformity with all the provisions of the Convention. In its most recent report, the Government makes no mention of the draft Decree and merely refers to the legislation which, as the Committee has already noted, does not fully meet the requirements of the Convention. The Committee trusts that the Government will shortly take the necessary measures, through adoption of the draft Decree or otherwise, to ensure that effect is given to the following Articles of the Convention, and that the Government will indicate the action taken in this regard.
Articles 1 and 4 of the Convention. In earlier comments, the Committee noted that section 4 D 453 of Decree No. 67-321 of 21 July 1967 prohibited the use of benzene as a solvent, but defined products containing benzene for this use in terms of the level of distillation. The Committee recalled that, under Article 1 of the Convention, its provisions are to be applied to benzene and products the benzene content of which exceeds 1 per cent by volume. The Committee expressed the hope that the necessary measures would be taken to ensure that the prohibition of the use of benzene or products containing benzene as a solvent, established in section 4 D 453, would be amended so as to cover the use as a solvent of products containing more than 1 per cent by volume of benzene. The Government is asked to indicate the progress made in this respect.
Article 2, paragraph 1. Measures need to be taken, in accordance with this Article of the Convention, to ensure that the use of benzene or products containing benzene will be replaced by harmless or less harmful substitute products whenever such products are available.
Article 6, paragraph 2. Measures need to be taken, in accordance with this Article of the Convention, to ensure that the level of concentration of benzene vapour in the air does not exceed 80 mg/m3.
Article 8, paragraph 1. The Committee notes from the Government's report that protective equipment, notably respiratory masks, must be provided to workers involved in painting work. The Committee would recall that this Article of the Convention calls for personal protective equipment to be provided for workers who may for special reasons be exposed to concentrations of benzene in the air of places of employment exceeding the maximum permissible level set forth in Article 6, paragraph 2, of the Convention. The Government is therefore requested to indicate the measures taken to ensure that workers in all types of activities involving exposure to benzene, who may be exposed to especially high levels of benzene, are provided with personal protective equipment and to indicate the manner in which the duration of exposure in such circumstances is limited as far as possible.
Article 11, paragraph 2. The Committee notes that the recommendation to doctors annexed to Part XVII, Chapter II, Title II, of the Labour Code provides that there is reason to consider young women under the age of 18 as unfit for work likely to cause benzene poisoning. The same recommendation is made for young men under 18, unless special medical authorization is given. The Committee notes from the Government's report that this recommendation is legally binding. The Committee would recall that Article 11 of the Convention provides that young persons under the age of 18 shall not be employed in work processes involving exposure to benzene, but that this prohibition need not apply to young persons undergoing education or training who are under adequate technical and medical supervision. The Government is requested to indicate the manner in which it is ensured that special medical authorization for young men under the age of 18 is only granted to those persons who are involved in work involving exposure to benzene for reasons of education and training and only where it can be ensured that the adequate technical and medical supervision is provided.
In comments the Committee has been making since 1976, it has noted that there are a number of provisions of the Convention which are not applied by the legislation in force. Since 1984, the Government has referred to the text of a draft decree which had been approved by the Health and Safety Advisory Committee and which was to be adopted in order to bring Decree No. 67-321 of 21 July 1967 into conformity with all provisions of the Convention. In its latest report, the Government has made no mention of this draft decree and has only referred to the legislation which, as the Committee has already noted, does not fully meet the requirements of the Convention. The Committee trusts that the Government will soon take the necessary measures through adoption of the draft decree or otherwise, to ensure that effect is given to the following Articles of the Convention, and that the Government will indicate the action taken.
Articles 1 and 4 of the Convention. In previous comments, the Committee had noted that section 4 D 453 of Decree No. 67-321 of 21 July 1967 prohibited the use of benzene as a solvent, but defined products containing benzene for this use in terms of the level of distillation. The Committee had recalled that, under Article 1 of the Convention, its provisions are to be applied to benzene and products the benzene content of which exceeds 1 per cent by volume. The Committee expressed the hope that the necessary measures would be taken to ensure that the prohibition of the use of benzene or products containing benzene as a solvent, established in section 4 D 453 would be amended so as to cover the use as a solvent of products containing more than 1 per cent by volume of benzene. The Government is requested to indicate the progress made in this regard.
Article 8, paragraph 1. The Committee notes from the Government's report that protective equipment, notably respiratory masks, must be provided to workers involved in painting work. The Committee would recall that this Article of the Convention calls for personal protective equipment to be provided for workers who may for special reasons be exposed to concentrations of benzene vapour in the air of places of employment exceeding the maximum permissible level set forth in Article 6, paragraph 2, of the Convention. The Government is therefore requested to indicate the measures taken to ensure that workers in all types of activities involving exposure to benzene, who may be exposed to especially high levels of benzene vapour, are provided with personal protective equipment and to indicate the manner in which the duration of exposure in such circumstances is limited as far as possible.
Article 11, paragraph 2. The Committee notes that the recommendation to doctors annexed to Part XVII, Chapter II, Title II of the Labour Code provides that there is reason to consider young women under the age of 18 as unfit for work likely to cause benzene poisoning. The same recommendation is made for young men under 18, unless special medical authorisation is given. The Committee notes from the Government's report that this recommendation is legally binding. The Committee would recall that Article 11 of the Convention provides that young persons under the age of 18 shall not be employed in work processes involving exposure to benzene, but that this prohibition need not apply to young persons undergoing education and training who are under adequate technical and medical supervision. The Government is requested to indicate the manner in which it is ensured that special medical authorisation for young men under the age of 18 is only granted to those persons who are involved in work involving exposure to benzene for reasons of education and training and only where it can be ensured that the adequate technical and medical supervision is provided.
In comments made for a number of years, the Committee has been referring to a draft decree to amend Decree No. 67-321 of 21 July 1967 codifying the regulatory provisions of the Labour Code concerning special occupational safety and health measures applying to establishments whose staff is exposed to benzene intoxication. The Committee notes the Government's statement in its latest report that while the draft decree amending Decree No. 67-321 of 21 July 1967 has been approved by the Health and Safety Technical Advisory Committee, it has not yet entered into force because the Labour Code and the Decree No. 67-321 are presently undergoing further revision. The Committee further notes the Government's indication that all efforts are being made for the adoption of these new texts.
The Committee hopes that, accordingly, the necessary amendments will soon be adopted to give effect to the following provisions of the Convention: Articles 1 and 4 (prohibition of the use of products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products instead of benzene or products containing benzene); Article 6, paragraph 2 (fixing the maximum concentration of benzene in the air of the places of employment at a level not exceeding 80 mg/m3); Article 8, paragraph 1 (adequate means of personal protection); Article 11, paragraph 2 (employment of young people under the age of 18 years only when they are undergoing education or training and are under adequate technical and medical supervision).