Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

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.