Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

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.