Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Benzene Convention, 1971 (No. 136) - Bolivia (Plurinational State of) (Ratification: 1977)

Legislation. The Committee notes the Government’s detailed report on the measures adopted to ensure the application of the Convention in practice, the obstacles and difficulties encountered and a preliminary draft Occupational Safety and Health Bill, which it already noted in 2011. The Government indicates that the Bill will lay down directives for immediate action to give effect to the Convention. The Committee also notes that, in its report, the Government requests technical assistance and cooperation for the effective application of the Convention and key instruments on occupational safety and health, as well as the development of regulations, technical guides and training. In this respect, the Committee requests the Government to adopt all the necessary measures to give legislative effect to the Convention, to make a formal request for technical assistance from the Office in the near future and to provide information on the progress made.

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment. The Committee notes that, according to the report, section 20 of Supreme Decree No. 2348 of 18 January 1951, issuing basic industrial safety and health regulations, determines that the maximum permitted concentration of benzene is 100 parts per million. The Committee draws the Government’s attention to Article 6(2) of the Convention, under which the employer shall ensure that the concentration of benzene in the air in places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80mg/m3). The Committee also draws the Government’s attention to the fact that the concentration of 100 parts per million, as set out in Supreme Decree No. 2349, significantly exceeds the maximum permitted level provided for in the Convention, and is thus not in conformity with the Convention. The Committee therefore urges the Government to adopt the necessary measures as soon as possible to set the concentration of benzene at a level not exceeding a ceiling value of 25 parts per million, as established in this Article of the Convention, and to provide information in this respect.

Article 11(1). Pregnant women, nursing mothers and young persons under 18 years of age. The Committee notes the Government’s indication that, under section 8 of the General Occupational Safety, Health and Welfare Act of 2 August 1979, women and young persons under 18 years of age shall not be employed in work that is hazardous, arduous or harmful to their health or morals. The Committee notes that the report does not indicate whether this covers work involving exposure to benzene. The Committee requests the Government to take the necessary steps to ensure that the legislation provides that: (a) women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision. The Committee requests the Government to provide information in this respect.