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A Government representative stated that the current labour legislation contained a number of regulations on safety measures to be taken in the use of benzene and particularly on the protective equipment to be placed at the disposal of workers. The enterprises using benzene or products containing benzene were obliged to establish an autonomous industrial health service or to adhere to such a service created by several enterprises. The exposed workers were subjected to systematic and periodical medical supervision. The diseases provoked by benzene were considered to be occupational diseases giving a right to the corresponding benefits. To follow up on the comments of the Committee of Experts, a draft decree had been prepared to complete the legislation. It included the provisions of the Convention in all details. Its field of application covered all the establishments using benzene or products containing more than 1 per cent of benzene (Article 1). Any import of benzene was subjected to a previous declaration to the labour inspection (Article 2). The draft provided for the substitution of benzene by other inoffensive or less offensive products (Article 3). The use of benzene and of products containing more than O.2 per cent of benzene as a solvent or diluent was prohibited (Article 4). The concentration of benzene in the air at places of employment should not exceed 80 mg/m3 (Article 5). The draft specified methods to be used to determine the concentration of benzene in the atmosphere as well as technical and health measures of protection to be taken by the enterprises (Articles 6-15). Concerning the first point of the observation of the Committee of Experts on the consultation with occupational organizations, the Government representative indicated that the draft decree had not provided for this, because it excluded any possibility of derogation. This draft decree had, however, been communicated to the employers' and workers' organizations for comments. On the second point of the observation concerning the protection of workers exposed to contact with liquid benzene, he stated that section 8 of the draft decree replied to the question of the Committee of Experts as it provided, in particular, for adequate means of personal protection to be supplied and used by the workers concerned.
The Employers' members stated that the explanations provided by the Government on the comments made by the Committee of Experts concerning the application of Article 3 and Article 8, paragraph 1, of the Convention were not convincing. The problem was an old one having been discussed in 1988, and the Committee should urge the Government to adopt the modifications in the near future and to provide a report on the envisaged measures.
The Workers' members associated themselves with the intervention of the Employers' members. They noted that this technical, but extremely important Convention for the safety and even for the survival of the workers, had been ratified by Morocco as far back as 1974. During the discussion in this Committee in 1988, the Workers' and the Employers' members had underlined the importance of full application of the Convention. On that occasion, the Government had referred to a special section in the development plan for 1988-92 concerned with the improvement of working conditions and environment. The draft texts mentioned by the Government were incomplete as compared to the obligations under the Convention. The Workers' members considered the position of the Government to be more on the negative side, as proved by the comments of the Committee of Experts on the application of other Conventions, including, for example, Conventions Nos. 30, 52 and 81. In this connection, they considered that the Government should apply Convention No. 81 in practice, as well as in law. In view of the rather uncooperative attitude of the Government, they insisted that in its conclusions the Committee ask the Government to take the necessary measures in order to be able to note real progress next year.
The Workers' member of Greece considered that the Committee could discuss the application of the Convention not only in Morocco but also in respect of many other countries. International labour Conventions were the fruit of negotiations and of a compromise, and those protecting the health of workers introduced relative limits rather than absolute ones. As for benzene, which was widely used in all the products for painting, in petrol, in central heating oil, the limits for protection set by the Convention were not absolute, but still it was not respected, or the only measures taken were the creation of a medical service where the workers could apply to register any damage suffered. Prevention was even more important in this case as benzene was a carcigoneous agent. He asked the Government to indicate whether there had been any modification of the Labour Code or whether it had referred to a draft decree mentioned by the Committee of Experts.
The Government representative recalled that old legislation already contained all the necessary measures for the prevention and indemnification of occupational diseases in relation to benzene. A draft decree had been elaborated with the help of an ILO expert in cooperation with all the administrative departments of public health, industry, mines, etc. The national technical experts wanted to go even further beyond the protection provided by the Convention, considering that it was overtaken by the standards actually applied in certain countries. The Committee of Experts had based its comments exclusively on the declarations contained in the report and had not examined the text in question. As concerned consultations with organizations, it was obligatory under the Convention in case of derogations. The draft decree, however, did not allow any derogations and it was therefore not necessary to provide for the consultation with occupational organizations. As to the protective equipment provided to the workers against the risk of exposure to liquid benzene, it was addressed in section 8 of the draft decree. His Government attached great importance to the protection of the workers and was open to any suggestions susceptible to guarantee the health of workers to be included in the text of the decree. He would provide the text of the draft decree to the Office.
The Workers' members considered that the remarks of the Government representative were not convincing but that the Government could supply all the useful information to be examined by the Committee of Experts.
The Committee took note of the information provided by the Government, in particular that the Government had drawn up a draft decree with the aim of applying the Convention which had been ratified in 1974. The Committee deeply regretted having to note that this Convention had been the subject of numerous observations on the part of the Committee of Experts and of discussions in this Committee. It expressed the firm hope that the legislation aimed at applying the Convention would be adopted in the very near future, taking account of the comments of the Committee of Experts concerning this Convention whose non-application in practice had very serious consequences for the health of the workers concerned. The Committee hoped that it would be able to note decisive progress, both in legislation and in practice, at its meeting next year.
A Government representative stressed the importance which his country attached to the prevention of occupational accidents and occupational diseases. Legislation provided for a large number of measures to protect workers against benzene intoxication which was considered an occupational disease and for which compensation was mandatory. Enterprises using this product must either have their own medical service or belong to an inter-enterprise medical service. As well, other protective measures must be taken in regard to both the individual and the enterprise. The economic and social development plan for 1988-92 had included a special section on the improvement of working conditions. Workers' and employers' organisations had participated in the drawing up of these proposals. The present Convention provided for specific measures to be taken such as the substitution of less harmful products and the obligation to fix a maximum permissible concentration of benzene in the air. An ILO technical assistance programme which covered the revision of health and safety provisions in regard to all ratified Conventions would also aim to align legislation with the provisions of the Convention. The expert in charge of this was due to make his proposals at the beginning of 1989.
The Employers' members stated that the Committee of Experts had examined this problem for the past ten years which, while certainly technical, was of extreme importance to the workers concerned. The Government recognised the necessity of protective measures; these should therefore be incorporated into legislation and be effectively applied. As these provisions were to be included in the regulations of the Code, the draft should be sent as quickly as possible so that their conformity with the Convention could be examined.
The Workers' members stated that this issue, which was very important to workers' health, had been discussed since 1977 and they regretted that provisions had not yet been adopted. ILO assistance had been given and it was time that the country undertook its obligations.
The Government representative reminded the present Committee of the various protective measures which he had mentioned previously. What remained to be known was whether or not a harmless substitute for benzene existed. This was a highly technical question.
The Workers' members pointed out that the Committee of Experts had asked for specific information on the use of benzene and they hoped that the Government would take the necessary measures as soon as possible.
The Committee noted the information supplied by the Government representative. It regretted the long-standing absence of provisions to apply the Convention. The Committee hoped that, with the assistance of the ILO, the Government would take all necessary measures in the very near future to give full effect to the Convention and would report the progress made.
Repetition Legislation. The Committee notes the Government’s indication in its report to the effect that Decree No. 2.08.528 (of 21 May 2009), concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume, was amended and supplemented by Decree No. 2.12.386 (of 14 September 2012). It also notes the adoption of Orders Nos 2626-12 and 2627-12 (of 16 July 2012), relating to the application of Decree No. 2.08.528. Application of the Convention in practice. In several of its reports the Government has sent information on the forthcoming development of an information system capable of providing reliable statistics, which the Committee welcomed in its comments on the application of the White Lead (Painting) Convention, 1921 (No. 13). The Committee requests the Government to give a general appraisal of the manner in which the Convention is applied in the country. It also requests the Government to provide statistical information, once the information system has been set up, on the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of accidents reported, etc.
The Committee notes the information provided by the Government in its latest report, including the attached copy of the Decree concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume (No. 2.08.528), adopted by the Council of Ministers on 7 May 2009. The Committee also notes the responses provided by the Government giving effect to Articles 6(3) and 10(2) of the Convention.
Part IV of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.
Referring to its observation and on the basis of the provisions of the Decree concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume, approved by the Government Council on 30 October 2003, the Committee requests the Government to provide further information on the following points.
Article 6, paragraph 3, of the Convention. Directions from the competent authority on carrying out the measurement of the concentration of benzene in the air of places of employment. The Committee requests the Government to indicate whether the Ministry of Employment and Vocational Training, being the competent authority by virtue of section 18 of the abovementioned Decree, has issued directions for measuring the concentration of benzene in the air in workplaces. If so, the Committee requests the Government to send a copy of these directions.
Article 10, paragraph 2. Free medical examinations for workers. The Committee notes that the Decree on benzene of 2003 does not contain any provision guaranteeing that medical examinations which workers are required to undergo under sections 12 and 13 will not entail any expense for them. The Committee therefore requests the Government to take the necessary measures to this end.
The Committee notes with interest the adoption of a new Decree concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume.
A request regarding certain points is being addressed directly to the Government.
The Committee notes the Government’s brief report.
It notes with interest the Government’s indication that the draft decree on benzene designed to give effect to the provisions of the Convention was approved by the Government Council on 30 October 2003. The Committee will examine this decree during its next session in 2004.
The Committee notes the Government’s report. It notes the Government’s indication that the draft Decree on benzene designed to give effect to the provisions of the Convention is still under examination by the competent authorities. In this respect, the Committee states that the Government had already indicated in its report for 1992 that the draft Decree, reflecting the Committee’s comments, had been prepared by the Ministry of Labour to supplement the legislation concerning occupational exposure to benzene. This draft Decree had been finally submitted for comments to the organizations of employers and workers concerned, after the Conference Committee had discussed the case in 1993 already for the second time. The Committee thus notes with deep concern that the adoption of the above draft Decree is pending for almost ten years. The Committee is therefore bound to urge the Government once again to take the necessary action to adopt the above Decree in the near future and, that it will give full effect to the Convention and particularly will meet the requirements set forth in Article 8, paragraph 1, of the Convention to ensure effective protection through the provision of adequate means of personal protection against the risk of absorbing benzene through the skin for workers who may have skin contact with liquid benzene or liquid products containing benzene. It further hopes that the Decree provides for the consultation of the most representative organizations of employers and workers with regard to the granting of temporary exemptions by the Labour Inspector under section 502 of the draft Decree, in conformity with Article 3 of the Convention. The Committee trusts that the Government will do its utmost to this end and that it will inform the Committee, in its next report, on the progress achieved in this regard.
(The Government is asked to reply in detail to the present comments in 2003.)
The Committee notes the information provided by the Government in its report. It recalls that for a number of years it has been drawing the Government's attention to the need to include appropriate protection measures in its legislation respecting occupational exposure to benzene, in order to bring the law into compliance with the provisions of the Convention.
The Government stated as long ago as 1980 that the Committee's comments on this subject would be taken into account to supplement or amend, as appropriate, the provisions contained in the regulations issued under the draft Labour Code. In the observations made by the Committee after 1989, it noted that the regulations issued under the draft Labour Code contained provisions designed to give effect to a number of the requirements of the Convention on which it had been commenting since 1977. It also noted that the draft text did not contain provisions giving effect to Article 3 of the Convention (consultation of the most representative organizations of employers and workers concerned regarding the granting of temporary derogations by the labour inspector under section 502 of the draft regulations) or to Article 8, paragraph 1, of the Convention (the provision of adequate means of personal protection against the risk of absorbing benzene through the skin for workers who may have skin contact with liquid benzene or liquid products containing benzene). In 1993, the Committee noted the Government's statement in its report for 1992 that the Ministry of Labour had prepared a draft Decree taking into account its comments. According to the Government, the draft Decree would give effect to certain Articles of the Convention and would contain a provision requiring means of personal protection for workers who may be exposed to benzene vapour.
After noting the discussions held in the Conference Committee for the second time in 1993, the Committee noted that the above draft Decree, drawn up to supplement the legislation concerning occupational exposure to benzene, had been transmitted for comments to the organizations of employers and workers concerned.
The Committee once again notes with regret that the draft Decree has still not been adopted. It once again expresses the firm hope that the Decree will be adopted in the near future and that it will give full effect to the Convention, and particularly to Article 8, paragraph 1, which provides that workers who may have skin contact with liquid benzene or liquid products containing benzene shall be provided with adequate means of personal protection against the risk of absorbing benzene through the skin. The Committee trusts that the Government will take the necessary action for this purpose as soon as possible.
[The Government is asked to report in detail in 2000.]
The Committee takes note of the discussions held in the Conference Committee in 1993. It notes, in particular, the Government's indication that a draft Decree had been prepared to complete the legislation with respect to occupational exposure to benzene and had been communicated to the employers' and workers' organizations for comment. The Committee further notes that the Government has requested the Office to provide technical assistance in the early part of this year to give advice on occupational safety and health policy and the measures to be taken to bring legislation into conformity with ratified occupational safety and health Conventions. The Committee trusts that the Decree will be adopted in the near future and that it will ensure the full application of the Convention, in particular, Article 8, paragraph 1, of the Convention which provides that adequate means of personal protection against the risk of absorbing benzene through the skin is to be provided to workers who may have skin contact with liquid benzene or products containing benzene.
The Committee notes that the Government's report does not reply to its previous direct request. It hopes that the next report will contain full information on the following points which have been the subject of its comments since 1989:
In a previous direct request, the Committee noted that certain provisions of the Convention were currently applied by the Order of 18 August 1952 establishing specific health measures applicable to establishments where personnel are exposed to the dangers of benzene and by the Order of 25 August 1952 establishing a list of industrial jobs in which health measures for the purpose of avoiding benzene intoxication must be observed. It asked the Government whether these texts would remain in force after the adoption of the new Labour Code. In the absence of a reply from the Government, the Committee notes that under section 439 of the draft Labour Code, all provisions contrary to it or having the same subject-matter shall stand repealed, in particular a series of texts specifically enumerated, not including the two texts of August 1952 referred to above; under section 440, implementing texts shall provisionally remain in force, in so far as they are not contrary to the Code. The Committee again requests the Government to confirm that the two above-mentioned texts of August 1952 are to remain in force, and, if not, to indicate what measures have been taken or are envisaged to ensure the application of Articles 5, 6, paragraph 1, Articles 7, 8, paragraph 2, and Article 11, paragraph 1, of the Convention.
In observations it has been making since 1989, the Committee noted that the regulations part of the draft Labour Code contained provisions to give effect to certain provisions of the Convention on which it had been commenting since 1977. It noted, however, that the draft did not contain provisions to give effect to Article 3 of the Convention (consultation of the most representative employers' and workers' organizations concerning the granting of temporary exemptions by labour inspectors under section 502 of the draft regulations) or Article 8, paragraph 1 (adequate means of personal protection against the risk of absorbing benzene through the skin for workers who may have skin contact with liquid benzene or products containing benzene). The Committee notes the indication in the Government's latest report that the Ministry of Employment has recently drafted a Bill to take account of its comments. In its report, the Government indicates the measures envisaged in the Bill to ensure application of certain Articles of the Convention. The Government refers to a provision under which workers who may be exposed to benzene vapour shall be supplied with adequate means of personal protection, but does not indicate the measures taken or contemplated in respect of the points raised on Articles 3 and 8 of the Convention. The Committee once again expresses the hope that the legislation envisaged to give effect to the Convention will be amended to take account of its comments and that it will be adopted in the very near future.
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 following matters raised in its previous direct request:
In its previous direct request, the Committee noted that certain provisions of the Convention are presently applied by the Order establishing specific health measures applicable to establishments where personnel are exposed to the dangers of benzene, dated 18 August 1952, and by the Order determining the list of industrial work in which health measures for the purpose of avoiding benzene intoxication must be observed, dated 25 August 1952. It requested the Government to indicate whether these texts would remain in force after the adoption of the new Labour Code. In the absence of a reply from the Government, the Committee notes that under section 439 of the draft Labour Code, all provisions contrary to it or having the same subject-matter shall stand repealed, in particular a series of texts specifically enumerated, not including the two texts of August 1952 referred to above; under section 440, implementing texts shall provisionally remain in force, in so far as they are not contrary to the Code. The Committee again requests the Government to confirm that the two above-mentioned texts of August 1952 are to remain in force and, if not, to indicate what measures have been taken or are envisaged to ensure the application of Articles 5, 6, paragraph 1, Articles 7, 8, paragraph 2, and Article 11, paragraph 1, of the Convention.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
In its previous observation, the Committee noted that the regulations part of the draft Labour Code contained provisions to give effect to a certain number of provisions of the Convention which had not been applied by national legislation previously. The Committee had, however, noted that the draft communicated by the Government called for improvement on the following points: in accordance with Article 3 of the Convention, provision should be made for the consultation of the most representative employers' and workers' organisations concerning the granting of temporary exemptions by labour inspectors under section 502 of the draft regulations; also, in accordance with Article 8, paragraph 1, measures needed to be taken to ensure adequate means of personal protection for workers who may have skin contact with liquid benzene or products containing benzene. The Committee noted the Government's statement in its report for the period ending 30 June 1989 that these comments had been taken into consideration in the latest draft of the regulations part of the Labour Code. The Committee once again expresses the hope that the amended draft will be adopted in the very near future and that, in its final form, it will give full effect to the Convention.
In its previous direct request, the Committee noted that certain provisions of the Convention are presently applied by the Order establishing specific health measures applicable to establishments where personnel are exposed to the dangers of benzene, dated 18 August 1952, and by the Order determining the list of industrial work in which health measures for the purpose of avoiding benzene intoxication must be observed, dated 25 August 1952. It requested the Government to indicate whether these texts would remain in force after the adoption of the new Labour Code. In the absence of a reply in the Government's latest report, the Committee notes that under section 439 of the draft Labour Code, all provisions contrary to it or having the same subject-matter shall stand repealed, in particular a series of texts specifically enumerated, not including the two texts of August 1952 referred to above; under section 440, implementing texts shall provisionally remain in force, in so far as they are not contrary to the Code. The Committee again requests the Government to confirm that the two above-mentioned texts of August 1952 are to remain in force and, if not, to indicate what measures have been taken or are envisaged to ensure the application of Articles 5, 6, paragraph 1, Articles 7, 8, paragraph 2, and Article 11, paragraph 1, of the Convention.
In its previous observation, the Committee noted that the regulations part of the draft Labour Code contained provisions to give effect to a certain number of provisions of the Convention which had not been applied by national legislation previously. The Committee had, however, noted that the draft communicated by the Government called for improvement on the following points: in accordance with Article 3 of the Convention, provision should be made for the consultation of the most representative employers' and workers' organisations concerning the granting of temporary exemptions by labour inspectors under section 502 of the draft regulations; also, in accordance with Article 8, paragraph 1, measures needed to be taken to ensure adequate means of personal protection for workers who may have skin contact with liquid benzene or products containing benzene. The Committee notes with interest the Government's statement in its latest report that these comments have been taken into consideration in the latest draft of the regulations part of the Labour Code. The Committee once again expresses the hope that the amended draft will be adopted in the very near future and that, in its final form, it will give full effect to the Convention.