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

Chemicals Convention, 1990 (No. 170) - Dominican Republic (Ratification: 2006)

Establishment of a tripartite forum to examine issues relating to international labour standards. The Committee notes with interest the agreement reached in July 2016 for the establishment of a tripartite forum responsible, among other functions, for examining and discussing compliance with ratified ILO Conventions (especially the fundamental and governance Conventions), which will contribute to the preparation of reports for the Committee of Experts.

The Committee notes Decree No. 522-06 of 17 October 2006 and Resolution No. 04 of 2007 of the Secretariat of State for Labour, as well as Resolution No. 02/2006 of the Secretariat of State for the Environment and Natural Resources, which give effect to Articles 5 (prohibition or restriction of the use of certain hazardous chemicals), 6 (classification systems), 7 (labelling and marking), 8 (chemical safety data sheets), 9 (responsibilities of suppliers), 12(a), (b) and (c) (evaluation, monitoring and recording the exposure of workers, and keeping of the records of monitoring of the working environment and of exposure), 13 (operational control), 14 (disposal), 15 (information and training), 16 (cooperation), 17 (duties of workers) and 18(3) (right of workers to obtain relevant information and documentation) of the Convention.

Article 4. Coherent policy on safety in the use of chemicals at work, in consultation with the organizations of employers and workers concerned. The Committee notes the Government’s indications in its report that, as from 2012, the National Council on Occupational Safety and Health (CONSSO), a consultative and advisory body of the Secretariat of State for Labour, was reactivated. The Committee also notes that the Government, together with the Ministry of the Environment and Natural Resources, developed an SAICM Strategic Plan (Strategic Approach to International Chemicals Management) covering the period 2014–20. The SAICM Strategic Plan establishes a framework for policies to promote the rational management of chemicals. The Committee requests the Government to provide more specific information on the measures adopted for the formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals, in consultation with the most representative organizations of employers and workers concerned, including on the implementation of the SAICM Strategic Plan.

Article 10. Identification of chemicals. The Committee requests the Government to provide information on the measures taken to guarantee that employers ensure: that all chemicals used at work are labelled or marked irrespective of their hazard level and that chemical safety data sheets have been provided and are made available to workers and their representatives (paragraph 1); that, when chemicals are received that have not been labelled or for which chemical safety data sheets have not been provided, they shall not be used until such information is obtained (paragraph 2); that only chemicals which are duly classified, labelled and marked are used (paragraph 3); and that a record is maintained of hazardous chemicals used at the workplace which is accessible to all workers concerned (paragraph 4).

Article 11. Transfer of chemicals. The Committee requests the Government to provide information on the measures taken to require employers to ensure that the containers or equipment into which chemicals are transferred are also correctly marked and that their contents, any hazards associated and safety precautions are indicated.

Article 12(d). Keeping of records of the monitoring of the working environment and the exposure of workers. The Committee requests the Government to provide information on the measures taken to guarantee that employers ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives.

Article 16. Cooperation. The Committee requests the Government to provide information on the measures taken to ensure that employers cooperate as closely as possible with workers or their representatives with respect to occupational safety and health.

Article 18(1) and (2). Right of workers to remove themselves from danger. The Committee notes that section 4(3) of Decree No. 522-06 recognizes the right of workers to interrupt their work in cases where it involves a serious and imminent risk to their life or safety, when internal remedies with the employer have been exhausted. The Committee recalls that the requirement for workers to inform their supervisor immediately, as set out in Article 18, is a duty of information, but should not amount to a condition for the exercise of the right of workers to remove themselves from danger, nor should it involve a request for authorization for that purpose, as appears to be the case under the terms of section 4(3). The Committee observes that the conditions set out in section 4(3) of Decree No. 522-06 constitute a restriction on the right of workers established in this Article of the Convention. The Committee requests the Government to take the necessary measures to bring the legislation into conformity with Article 18 of the Convention.