Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 contained in the Government’s report and the attached documentation. It notes that section 75(1)(b) of the Occupational Safety and Health Act (Act No. 32 of 1997) provides that, with respect to hazardous chemicals, physical and biological agents that might endanger the health of workers, the authority shall issue an order to prohibit, limit or restrict the use of such agents at a workplace. The Committee notes the detailed draft Regulations on the safe use of chemicals at work of 31 January 2003, which were attached to the Government’s report. It notes that Annex 1 provides a list of chemicals that are prohibited and that occupational exposure limits are provided in Annex 2, which refers to the international standard established by the American Conference of Governmental Industrial Hygienists. The Committee hopes that these regulations will be adopted in the near future and asks the Government to provide information to the Office once the Regulations on the safe use of chemicals at work are adopted, and hopes that they will ensure that the use of benzene and of products containing benzene is prohibited in certain work processes, and that occupational hygiene and technical measures are taken to ensure effective protection of workers exposed to benzene or to products containing benzene, in accordance with the Convention.

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

1. The Committee notes the information contained in the Government’s report and the attached documentation. It notes that section 75(1)(b) of the Occupational Safety and Health Act (Act No. 32 of 1997) provides that, with respect to hazardous chemicals, physical and biological agents that might endanger the health of workers, the authority shall issue an order to prohibit, limit or restrict the use of such agents at a workplace. The Committee notes the detailed draft Regulations on the safe use of chemicals at work of 31 January 2003, which were attached to the Government’s report. It notes that Annex 1 provides a list of chemicals that are prohibited and that occupational exposure limits are provided in Annex 2, which refers to the international standard established by the American Conference of Governmental Industrial Hygienists. The Committee hopes that these regulations will be adopted in the near future and asks the Government to provide information to the Office once the Regulations on the safe use of chemicals at work are adopted, and hopes that they will ensure that the use of benzene and of products containing benzene is prohibited in certain work processes, and that occupational hygiene and technical measures are taken to ensure effective protection of workers exposed to benzene or to products containing benzene, in accordance with the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the Occupational Safety and Health Act, 1997, has been adopted. It notes that this Act does not contain any specific provision which regulates the use of benzene and products containing benzene as provided for in the Convention. In this respect, the Committee notes the Government’s indication that, in the absence of measures giving effect to the provisions of the Convention, the Occupational Safety and Health Division of the Ministry of Labour has been requested to take legal initiative in order to bring the national legislation into conformity with the Convention. To this effect, the Committee would draw the Government’s attention once again to the following points.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air or places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee reiterates its hope that the Government will take the necessary measures and will soon be in a position to report on progress made towards the adoption of measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

Article 11. The Committee notes that section 41, paragraph 1, of the Occupational Safety and Health Act, 1997, provides for a general prohibition to employ children in any factory or in the business of a factory outside the factory. In this respect, it would point out that Article 11 calls for measures to prohibit the employment of young persons under 18 years of age, pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee would therefore request the Government to indicate the measures adopted or envisaged to ensure that full effect is given to this Article of the Convention.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

I. The Committee notes that the Occupational Safety and Health Act, 1997, has been adopted. It notes that this Act does not contain any specific provision which regulates the use of benzene and products containing benzene as provided for in the Convention. In this respect, the Committee notes the Government's indication that, in the absence of measures giving effect to the provisions of the Convention, the Occupational Safety and Health Division of the Ministry of Labour has been requested to take legal initiative in order to bring the national legislation into conformity with the Convention. To this effect, the Committee would draw the Government's attention once again to the following points.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air or places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee reiterates its hope that the Government will take the necessary measures and will soon be in a position to report on progress made towards the adoption of measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

II. Article 11 of the Convention. The Committee notes that section 41, paragraph 1, of the Occupational Safety and Health Act, 1997, provides for a general prohibition to employ children in any factory or in the business of a factory outside the factory. In this respect, it would point out that Article 11 calls for measures to prohibit the employment of young persons under 18 years of age, pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee would therefore request the Government to indicate the measures adopted or envisaged to ensure that full effect is given to this Article of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Referring to its observation under the Convention, the Committee requests the Government to provide information on the measures adopted or envisaged with respect to the following provisions of the Convention.

Article 2 of the Convention. Measures to ensure that harmless or less harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air of places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 11. Measures to prohibit the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In comments that it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to the provisions of the Convention and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention. The Committee notes the Government's information in its report that a final draft Occupational Safety and Health Act has been prepared by officers at the Attorney-General's chamber for submission to Parliament. The Committee hopes that the Government will soon be in a position to report on progress made towards the adoption of specific measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

2. The Committee raises certain points in a request addressed directly to the Government.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In comments it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee noted the Government's indication in its report for 1992 that active consideration was still being given to the proposals for legislation concerning benzene, and that assistance from the ILO would be sought as soon as these proposals were accepted.

The Committee notes the Government's indication in its latest report that specific measures to give full effect to the Convention have still not been taken, but a national meeting was to be held in December 1993 to look at legislative reforms in the area of occupational safety and health. The Committee hopes that the Government will supply information on the decisions reached at this meeting on the extent of participation of representatives of employers' and workers' organizations in the meeting, and on progress made towards the adoption of the specific measures required under the Convention to protect workers against hazards of poisoning arising from benzene.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

In comments it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee noted the Government's indication in its report for 1992 that active consideration was still being given to the proposals for legislation concerning benzene, and that assistance from the ILO would be sought as soon as these proposals were accepted.

The Committee once again expresses the hope that - on the basis of the consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to Articles 2, 4, 5, 6, 7, paragraph 1, Article 8, paragraph 1, Articles 9, 10, 11 and 12 of the Convention.

The Committee trusts that the next report will indicate the measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments it has been making since 1987, the Committee noted that national laws and regulations were too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee notes the Government's indication in its latest report that active consideration is still being given to the proposals for legislation concerning benzene, and that assistance from the ILO would be sought as soon as these proposals are accepted.

The Committee once again expresses the hope that - on the basis of the consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to Articles 2, 4, 5, 6, 7, paragraph 1, Article 8, paragraph 1, Articles 9, 10, 11 and 12 of the Convention.

The Committee trusts that the next report will indicate the measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 previous comments, the Committee noted that national laws and regulations are too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee noted the Government's indication in its report received in 1989 that active consideration was being given to the customary manner of the use of benzene in an effort to recommend regulations to the Government, and that assistance from the ILO would be sought should these proposals find favour for implementation.

The Committee observes that in ratifying the Convention, the Government has accepted the obligation to take such steps as may be necessary to give effect to its provisions. The Committee accordingly again expresses the hope that - on the basis of the active consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to the following provisions of the Convention:

Article 2 of the Convention. Measures to ensure that harmless or less-harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air of places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

Article 11. Measures to prohibit the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee hopes that the next report will indicate the measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In previous comments, the Committee noted that national laws and regulations are too general to give full effect to most of the provisions of the Convention, and that specific measures should therefore be taken to regulate the use of benzene and products containing benzene in accordance with the Convention.

The Committee notes the Government's indication in its report that active consideration is being given to the customary manner of the use of benzene in an effort to recommend regulations to the Government, and that assistance from the ILO will be sought should these proposals find favour for implementation.

The Committee observes that in ratifying the Convention, the Government has accepted the obligation to take such steps as may be necessary to give effect to its provisions. The Committee accordingly again expresses the hope that - on the basis of the active consideration referred to in the Government's report, if necessary with the technical assistance of the ILO in the preparation of regulations - the Government will adopt the specific measures necessary to give full effect to the following provisions of the Convention:

Article 2 of the Convention. Measures to ensure that harmless or less-harmful substitute products are used instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene or products containing benzene in certain processes.

Article 5. Occupational hygiene and technical measures to ensure effective protection of exposed workers.

Article 6, paragraph 1. Measures to prevent escape of benzene into the air of places of employment.

Article 6, paragraph 2. Determination by the competent authority of the maximum permissible concentration of benzene in the air of places of employment.

Article 6, paragraph 3. Directions issued by the competent authority for measuring benzene in the air.

Article 7, paragraph 1. Measures to ensure that, as far as practicable, processes involving the use of benzene are carried out in enclosed systems.

Article 8, paragraph 1. Measures to ensure that workers are provided with appropriate means of personal protection against the risk of absorbing benzene through the skin.

Articles 9 and 10. Measures to provide for medical examinations of workers employed in work processes involving exposure to benzene.

11. Measures to prohibit the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene.

Article 12. Measures to ensure that containers containing benzene are clearly marked with danger symbols.

The Committee hopes that the next report will indicate the measures taken or envisaged in this regard.