Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication that it is currently preparing a proposal for the development of a national chemical management policy. The Committee requests the Government to provide information on any progress made in this regard.

Article 6(2) and (3). Assessment of the hazardous proprieties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Article 8(2). Criteria for the preparation of chemical safety data sheets. The Committee notes the Government’s indication that a draft Regulation to implement the Globally Harmonized System for Classification and Labelling of Chemicals (GHS) is currently being prepared with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. It also notes the Government’s indication that for the moment, international chemical safety data sheets are only used as reference documents but that it is envisaged to use them once the Regulation implementing the GHS is in force. The Committee further notes the Government’s indication that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the UN Recommendation on the Transport of Dangerous Goods, are currently under review. The Committee requests the Government to provide information on any developments regarding the adoption and the implementation of the GHS system and the review of the Act of 2003 and its Regulations, and to supply a copy of the news texts once they have been adopted.

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. With reference to its previous comments, the Committee notes that the Government refers once again to section 42(I) of the Industrial and Consumer Chemicals Management Act which provides that any person producing, distributing, selling, transporting, importing, exporting, storing or dealing in chemicals shall ensure that these chemicals are packaged according to recognized and approved national and international standards and that such packages bear a label. The Committee however notes that this provision does not establish an obligation for employers receiving chemicals to obtain the relevant information from the supplier or from other reasonably available sources where such chemicals have not been properly labelled or marked, nor does it prohibit the use of unlabelled or unmarked chemicals until such information is obtained, as required by Article 10(2) of the Convention. In light of the foregoing, the Committee requests the Government to take the necessary measures to give effect, in law and in practice, to Article 10(2) of the Convention.

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Further to its previous comments in which it noted that sections 73(1) and 60 of the Occupational Safety and Health Act No. 05 of 2003 establish an obligation for employers to ensure that risks assessment is carried out, annually or when deemed necessary, by an approved inspection authority, the Committee notes the Government’s reference to section 45(2) of the Industrial and Consumer Chemicals Management Act which provides that employers dealing with highly hazardous chemicals shall conduct risks assessments and implement a risk assessment programme. The Committee further notes that a summary of the risk assessment programme shall be submitted to the Ministerial Advisory Board for the Government Chemist Laboratory Agency. Moreover, the Government indicates that transporters of chemicals such as sodium cyanide and hydrogen peroxide are required to register with the Chief Government Chemist and supply certain documents, including the risk assessment programme and contingency plans. The Committee requests the Government to continue to provide information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities.

Article 13(1)(f). Personal protective equipment. The Committee notes that the Government indicates that under section 42(3) of the Industrial and Consumer Chemicals Management Act, employers are required to provide employees with personal protective gear conducive to the safe handling of chemicals. It adds that under section 3(1)(b) of the Industrial and Consumer Chemicals (Management and Control) Regulations, 2004, every person transporting, importing, exporting, producing, storing or dealing in chemicals shall maintain appropriate and adequate personal protective gear and ensure that it is used. The Committee requests the Government to indicate the national legislative provisions ensuring that personal protective equipment and clothing are maintained at no cost for the workers, as required by Article 13(1)(f), and to supply a copy of the Regulations of 2004.

Article 15. Information and training. The Committee notes that the Government indicates that the Industrial and Consumer Chemicals Management Act and its 2004 Regulations give effect to Article 15 of the Convention. In this regard, the Committee notes that under the terms of section 3(1)(d) of these Regulations, quoted by the Government in its report, employers are only under a general obligation to train employees on safety and health aspects for safer performance. The Committee again requests the Government to provide information on the measures taken to ensure that workers exposed to chemicals are provided by employers with training on labels and chemical safety data sheets.

Furthermore, noting the absence of reply from the Government, the Committee reiterates its requests to provide further information on the application of the following provisions of the Convention in relation to the points indicated: Articles 7(1) and 9(2) on responsibility of suppliers to forward revised labels and chemical data sheets; Article 12(a) on the establishment of exposure limits in accordance with either national or international standards; Article 18(2) and (3)(a–d) on the right of workers to remove themselves from danger and the right of workers and their representatives to information; and Article 19 on the manner in which the Southern African Development Countries code of practice contributes to ensuring, in practice, the responsibility of exporting States.