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Article 6, paragraph 3, of the Convention. Measurement of the concentration of benzene. Part IV of the report form. Application in practice. The Committee notes that it has, on several occasions in previous comments, requested the Government to provide concrete information on how the Order No. 210 of 2 October 2001 on executive regulations of Act No. 21/1995 is applied in practice and how compliance with the required limit for exposure to benzene of 0.5 mg/l is maintained in practice. The Committee notes that the Government, in its most recent report, yet again refers to the activities of the labour inspection services, without any supporting information on actual labour inspections carried out. Recalling that Article 6, paragraph 3, of the Convention requires the competent authority to issue directions on carrying out the measurement of the concentration of benzene in the workplace, the Committee requests the Government to indicate the measures taken or envisaged in this regard. The Committee also requests the Government to provide information on the application of the Convention in practice including extracts from the reports of inspection services, information on the number of employed persons covered by the measures adopted to give effect to the Convention, and on the number and nature of the contraventions reported.
1. The Committee notes the information contained in the Government’s report. It notes the adoption of Order No. 210 of 2 October 2001 on executive regulations of Act No. 21/1995 amended by Act No. 16/1996 on the establishment of a general body concerning the environment. The Committee notes that the authorized limit for benzene is 0.5 mg/l, as shown in Annex No. 11-3 to the regulations. However, the Committee notes that the report contains no information on the inspection of workplaces, which the Government states for the second consecutive time is carried out by the general environment body through tests at workplaces which determines the degree of exposure to benzene. The Committee requests the Government to provide information in its next report on the abovementioned labour inspections.
1. The Committee notes with interest the report transmitted by the Government on the inspection activities for the period 1993 to 1994 concerning the working environment carried out by the Department of the Protection of the Environment of the State of Kuwait. It also notes the results of these inspections according to which 46 industrial undertakings in different industrial sectors have been possibly polluted with benzene and, that in some of these undertakings the maximum permissible concentration of benzene vapour, fixed by the State, was exceeded. The Committee finally notes that these undertakings have been requested to take appropriate action in the application of article 4 of Ministerial Order No. 57 of 1982 and Article 8 of the Convention. The Committee accordingly would ask the Government to keep it informed on this subject.
2. The Committee notes the Government's indication to the effect that medical examinations of workers exposed to benzene or products containing benzene have been carried out only in some undertakings due to the lack of human and material resources, but that medical as well as environmental tests of the work environment will be carried out in all undertakings when human and material resources are sufficiently available. However, clinical and biological tests carried out in certain undertakings to detect serious or chronic poisoning due to benzene have shown negative results. In this respect the Committee notes with interest that the General Body for the Environment is currently examining filed tests of the work environment in order to measure the occupational exposure therein. The Committee would request the Government to transmit any results of this study as soon as they are available.
The Committee notes with interest the information communicated in the Government's latest report with respect to the application of Article 8, paragraph 2, of the Convention.
Point III of the report form. In its previous comments, the Committee noted the indication in the Government's report that some judicial decisions had been rendered which touched upon the application of this Convention, but that due to the particular circumstances with which the country had been faced, it had not then been possible to transmit these decisions. It further noted that the Government had not been able to provide statistical data concerning the application of the Convention. The Government is once again requested to supply the texts of the judicial decisions referred to in its report of 1991, and to provide any information available on the practical application of the Convention, such as extracts from inspection reports and any statistics available.
The Committee notes the information provided in the Government's latest report. The Committee notes that the Government has not replied to its previous direct request concerning the application of Article 8, paragraph 2, of the Convention. While the Government has referred to Order No. 57 of 1982 concerning the protection of workers against the hazards of poisoning due to benzene, the Committee would note that this Order does not limit the duration of worker exposure to benzene which exceeds, for special reasons, the maximum concentration of benzene in the air to be fixed under Article 6, paragraph 2, and set by the Government in ministerial Decree No. 45 of 1979 at 30 mg/m3. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that the duration of exposure for workers who must, for special reasons, be exposed to concentrations of benzene in the air exceeding the above-mentioned maximum level is limited.
The Committee notes from the Government's report that some judicial decisions have been rendered which touch upon the application of this Convention, but that due to the particular circumstances with which the country had been faced, it was not possible to transmit these decisions at present. It further notes that the Government has not been able to provide statistical data concerning the application of the Convention. The Government is requested to supply, if possible, the texts of the judicial decisions referred to in its next report, in accordance with point III of the report form, and to provide any information available on the practical application of the Convention, such as extracts from inspection reports and any statistics available.
The Committee has noted the information supplied by the Government in reply to its previous direct request concerning the maximum level of benzene concentration in the air of places of employment fixed in accordance with Article 6, paragraph 2, of the Convention and the means of personal protection provided for in accordance with Article 8.
Article 8, paragraph 2, of the Convention. The Committee would recall that Article 8, paragraph 2 of the Convention requires that when workers are exposed for special reasons to concentrations of benzene in the air which exceed the maximum fixed in accordance with Article 6, paragraph 2, the duration of their exposure shall be limited as far as possible. Please indicate the measures taken or envisaged to give effect to this requirement.