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Benzene Convention, 1971 (No. 136) - Zambia (Ratification: 1973)

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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 155 (OSH), and 187 (promotional framework for OSH) together.

A. General provisions

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the indication in the report of the Government that it is still considering the ratification of relevant OSH Conventions, including the Safety and Health in Construction Convention, 1988 (No. 167). In this regard, the Committee notes the indication that the legislation on safety and health in the construction sector has been reviewed to bring it into conformity with Convention No. 167, and submitted to the Ministry of Justice as part of the enactment process. The Committee requests the Government to continue to provide information on any developments in this regard.

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes the indication of the Government that the national OSH policy, which has been in the process of formulation since 2013 and of which a draft has been developed in cooperation with the ILO, has not yet been adopted. The Government indicates that the draft national OSH policy will be considered at a tripartite consultative meeting to ensure stakeholders’ input to the document. The Committee urges the Government to take the necessary measures towards the adoption of the national OSH policy, in consultation with the most representative organizations of employers and workers, and to provide detailed information on the progress achieved in this regard, including the results of tripartite consultations undertaken on this matter.

Articles 5(d) and 15 of Convention No. 155. Coordination between various authorities and bodies. Establishment of a central body. Communication and cooperation at the national level. In its previous comments, the Committee noted that, while the draft national OSH policy foresaw the establishment of a national authority responsible for all OSH issues and referred to the establishment of effective communication and systematic collaboration mechanisms, a national authority had not yet been established. The Committee notes that the Government indicates that this information is still up to date and that it will provide an update once consultations are concluded and the national policy has been adopted. The Committee also notes, in this respect, that the Government refers to OSH activities undertaken by the OSH Service Department and the Workers’ Compensation Fund Control Board under the Ministry of Labour and Social Security, and by the Mines Safety Department of the Ministry of Mines, Minerals and Water, among others. In addition, section 8(b) of the Occupational Safety and Health Act (OSH Act) states that one of the functions of the Board of the OSH Institute is to coordinate all activities relating to OSH. The Committee urges the Government to take the necessary measures, whether through the adoption of the national OSH policy or otherwise, so that, after consultation at the earliest possible stage with the most representative organizations of employers and workers, appropriate arrangements are made to ensure necessary co-ordination between the relevant authorities and bodies, in accordance with Article 15(1) of Convention No. 155. The Committee further requests the Government to provide detailed information on the arrangements made, and to indicate whether these arrangements include the establishment of a central body, in accordance with Article 15(2) of that Convention. With regard to the OSH Institute, the Committee refers the Government to its comments below under Article 6 of Convention No. 155.

Article 6 of Convention No. 155. Functions and responsibilities of public authorities. In response to its previous request for information on the functioning of the OSH Institute and other measures to provide guidance to employers and workers, the Committee notes that, according to the Government, the OSH Institute is operational but that its functions “are not fully in effect”. With a view to ensuring the application of Article 6 of Convention No. 155, the Committee requests the Government to provide further information regarding the operation in practice of the OSH Institute, including its functions and activities, any difficulties faced and the measures taken to ensure that all of the functions defined under sections 6 and 8 of the OSH Act are carried out by the OSH Institute or by any other agency.

Article 8 of Convention No. 155 and Article 4(1)(a) and (2) of Convention No. 187. Periodic review of the national system and national legislation. In response to its previous request for information on the review of the Factories Act, the Committee notes the indication of the Government that the draft Factories Act, as well as draft regulations on lifting equipment and pressure vessels, have been prepared for communication to social partners, and for discussion during the next meeting of the Tripartite Consultative Labour Council. The Committee also welcomes the indication of the Government that draft regulations for the OSH Act have been prepared through a consultative process involving all major stakeholders. Recalling the importance of periodically reviewing the national system on OSH in consultation with the most representative organizations of employers and workers, in accordance with Article 4 of Convention No. 187, the Committee requests the Government to provide information regarding the outcomes of the various consultation processes on these draft laws and regulations, and to provide a copy, once adopted.

Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. In response to its request for information on the enactment of regulations pursuant to section 38(c) of the OSH Act, the Committee notes the indication of the Government regarding the ongoing revision of the Factories Act and the Mines and Minerals Development Act, as well as the preparation of draft regulations pursuant to the OSH Act. The Committee recalls that, under Article 11(a) of Convention No. 155, functions to be progressively carried out by the competent authority or authorities include the determination of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, and the safety of technical equipment used at work. The Committee requests the Government to indicate whether the draft regulations prepared pursuant to the OSH Act make provision for any of the conditions listed under Article 11(a) of Convention No. 155. The Committee also requests that the Government continue to provide information regarding the progress towards their adoption.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee recalls that functions to be progressively carried out by the competent authorities include, under Article 11(b), the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorisation or control, and, under Article 11(f), the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. In this respect, the Committee notes the indication of the Government concerning the ongoing revision of the Mines and Minerals Development Act, in order to include provisions ensuring that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out. The Committee requests the Government to indicate the manner in which the revisions to the Mines and Minerals Development Act regulate any of the elements listed under Article 11(b) and (f) of the Convention. The Committee also requests the Government to indicate measures taken to ensure that the functions listed under Article 11(b) and (f) of Convention No. 155 are progressively carried out in sectors other than mining, in law or in practice.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Notification of occupational accidents and diseases and production of annual statistics. Collection and analysis of data on occupational injuries and diseases. Collaboration with relevant insurance or social security schemes. Application in practice. The Committee welcomes the information of the Government regarding the development, by a number of departments within ministries and institutions, of an integrated electronic system that will enable the sharing of information and the collection of up-to-date data on OSH, including statistics on occupational injuries. The Government indicates that the departments and institutions involved in the process are the OSH Service Department, the Mines Safety Department, the OSH Institute and the Workers’ Compensation Fund Control Board. The Committee requests the Government to provide further information regarding the progress achieved in the development of this information system, and once the system has been implemented, to provide any available statistics on occupational accidents and diseases.

Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. In response to its request for information on measures taken or envisaged to ensure the annual publication of information on measures taken in pursuance of the national OSH policy, in accordance with Article 11(e), the Committee notes that the Government refers to annual reports produced by various ministries or institutions charged with the enforcement of safety and health legislation. In this respect, the Committee also notes the information contained in the 2018 annual report of the Ministry of Labour and Social Security.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. Noting the absence of new information regarding the establishment of a specific tripartite advisory body on OSH at the national level, the Committee requests the Government to provide information on any measures taken or envisaged to establish a national tripartite advisory body addressing OSH issues.

Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government indicating that all formalized undertakings are covered under the current system and that efforts are being made to formalize most enterprises. In this regard, the Committee notes that, according to a 2018 report of the ILO entitled “Women and Men in the Informal Economy: A Statistical Picture”, informal employment amounts to 87.9 per cent of total employment in the country. The Committee therefore requests the Government to provide further information on the ongoing process to formalize enterprises and the measures taken or envisaged to provide support mechanisms for a progressive improvement of OSH conditions in the informal economy, in accordance with Article 4(3)(h) of Convention No. 187.

Article 5 of Convention No. 187. National programme. The Committee previously noted the Government’s indication that tripartite consultations had been undertaken to formulate a national programme. Noting an absence of further information in this respect, the Committee requests the Government to provide information on the outcome of these tripartite consultations, and to take the necessary measures to ensure the formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH in the near future, in consultation with the most representative organizations of employers and workers, and in accordance with the requirements of Article 5 of Convention No. 187. The Committee also requests the Government to provide detailed information regarding such programme once it has been adopted, including on the elements listed under Article 5(2) and (3) of Convention No. 187.

I. Action at the level of the undertaking

Article 13 of Convention No. 155. Protection from undue consequences related to removal from imminent and serious danger. Noting the absence of new information concerning this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences, in accordance with Article 13 of Convention No. 155.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. In response to its previous comments on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, the Government states that this is covered by the draft national OSH policy. The Committee notes that, while the draft national OSH policy refers to the establishment of systematic OSH collaboration mechanisms for all stakeholders, both in the public and private sectors, it does not indicate the manner in which effect would be given to Article 17, which provides that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of Convention No. 155. The Committee therefore requests once again the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155.

Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. Noting the absence of new information concerning this matter, the Committee requests once again the Government to indicate the measures taken or envisaged to ensure that, until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with the second part of Article 19(f) of Convention No. 155.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. Noting the absence of information from the Government in response to the Committee’s previous comments, the Committee once again requests the Government to provide information on the directions issued by the competent authority to ensure that employers carry out measurements of the concentration of benzene in the air of places of employment, in accordance with Article 6(2) and (3) of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes that the national policy on OSH has been in the process of formulation since 2013 and that the Office provided technical assistance in this respect. The Government indicates that, prior to the adoption, the draft policy will be discussed at a tripartite workshop. The Committee requests the Government to pursue its efforts towards the formulation and adoption of a coherent national policy on OSH, in consultation with the most representative organizations of employers and workers. It requests the Government to provide a copy of the policy, once adopted, and to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals, once the policy is adopted.

Articles 5(d) and 15 of Convention No. 155. Coordination between various authorities and bodies. Establishment of a central body. Communication and cooperation at the national level. The Committee notes that Part 5 of the draft national OSH policy (submitted to the Office in 2014) establishes mechanisms for national coordination on OSH matters. In this context, the establishment of a national authority responsible for all OSH issues is foreseen and reference is made to the establishment of effective communication and systematic collaboration mechanisms. However, the Committee notes the indication of the Government that the national authority has not been established yet. The Committee requests the Government to provide further information on the arrangements made, after consultation at the earliest possible stage with the most representative organizations of employers and workers, to ensure the necessary coordination between various authorities and bodies, with a view to ensure the coherence of the national policy on OSH.

Articles 6 and 10 of Convention No. 155. Functions and responsibilities of public authorities. Guidance to employers and workers. Application in practice. The Committee notes that sections 4–10 of the OSH Act, 2010, establish the OSH Institute, the functions of which include, among other things, the development of programmes to provide incentives for employers to implement OSH measures (section 6). However, the Committee notes that the Report of the Auditor General on the Management of OSH published in 2015 (hereinafter, Report of the Auditor General) indicates that the OSH Institute is not yet operational. The Committee requests the Government to provide information on the functioning of the OSH Institute and on other measures taken to provide guidance to workers and employers.

National system

Article 8 of Convention No. 155 and Article 4(1)(a) and (2) of Convention No. 187. Periodic review of the national system and national legislation. The Committee notes the Government’s indication that the Factories Act, 1966, is being reviewed to ensure conformity with the Convention. In addition, the Committee notes the indication contained in the Report of the Auditor General that the OSH Act had not been implemented and it lacked the regulations to make it operational. The Committee requests the Government to continue to provide information on the review of the Factories Act, and to provide a copy of any legislation adopted in this respect. In addition, the Committee requests the Government to provide information on the measures taken to implement the OSH Act and on the development and adoption of regulations to make the OSH Act operational.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national legislation. Taking into account that Zambia has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as regards Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187, to the detailed comments that it has adopted in 2016 concerning the referenced Conventions, particularly as regards the reform of the labour legislation and the application of the following Articles: Articles 2(1), 3(1)(a) and (b), 13, 16, 17 and 18 of Convention No. 81 (labour inspection in the mining sector); Articles 3(1)(b) and 13 of Convention No. 81 and Article 6(1)(b) and 18 of Convention No. 129 (preventive activities of occupational safety and health inspectors); Article 5(a) and (b) of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129 (cooperation with other private and public authorities exercising similar duties, collaboration with workers’ and employers’ organizations); Article 7 of Convention No. 81 and Article 9 of Convention No. 129 (recruitment and training of labour inspectors); Article 9 of Convention No. 81 and Article 11 of Convention No. 129 (association of duly qualified technical experts and specialists in the area of occupational safety and health); Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129 (human resources of the labour inspectorate, financial and material means); Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129 (free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of industrial accidents and cases of occupational disease to the labour inspectorate); Article 15 of Convention No. 81 and Article 20 of Convention No. 129 (obligations of labour inspectors); as well as Articles 19, 20 and 21, in conjunction with Article 5(a) of Convention No. 81 and Articles 25, 26 and 27, in conjunction with Article 12 of Convention No. 129 (publication and communication to the ILO of annual labour inspection reports).

Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. The Committee notes the Government’s indication that the functions listed in Article 11 of the Convention are progressively carried out. The Committee also notes that, pursuant to section 38(c) of the OSH Act, 2010, the Minister may, by statutory instrument, enact OSH regulations on the conditions for the design, construction and use of a plant (defined as including any machinery, equipment or appliances, tools and anything which is used in connection with a plant or premises). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the functions listed in Article 11(a) of the Convention are progressively carried out, including through the enactment of regulations pursuant to section 38(c) of the OSH Act, 2010.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee refers to its comments below on Convention No. 136 concerning the Factories (Benzene) Regulations (Statutory Instrument No. 179 of 1978). It also recalls that it previously noted, in its examination of the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Government’s indication that it had developed draft regulations on noise establishing exposure limit values and regulations on hazardous substances. With reference to its comments below on Convention No. 176, the Committee notes that the Report of the Auditor General indicates that the Mining Regulations do not provide for the exposure limits of miners to silica. The Committee requests the Government to provide further information to ensure that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out, including with respect to the mining sector. It requests the Government to provide a copy of any regulations adopted in that respect.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Notification of occupational accidents and diseases and production of annual statistics. Collection and analysis of data on occupational injuries and diseases. Collaboration with relevant insurance or social security schemes. The Committee notes that sections 76–79 of the Factories Act establish procedures for the notification and investigation of accidents, dangerous occurrences and industrial diseases. In this respect, the Report of the Auditor General emphasizes the existence of some degree of overlap in the notification of occupational accidents, dangerous occurrences and incidents among the Mine Safety Department, the OSH Service Department and the Worker’s Compensation Fund and Control Board, as well as a general fragmentation of information and statistics on OSH. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the effective functioning of procedures for the notification of occupational accidents and diseases by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases, as well as on the mechanism for the collection and analysis of data on occupational injuries and diseases, in conformity with Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187.

Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. The Committee welcomes the Report of the Auditor General published in 2015 which assesses the effectiveness of the Government’s effort to enhance OSH in Zambia. However, the Committee notes that no similar reports have been published since 2015. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the publication, annually, of information on measures taken in pursuance of the national policy on OSH, in conformity with Article 11(e) of the Convention.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. The Committee notes the Government’s indication that advisory functions are currently carried out at the national level by a tripartite consultative Labour Council, while other institutions, such as the Ministry of Labour and Social Security (MLSS), the Ministry of Health and the Ministry of Mines, Minerals and Water Development, provide advisory services on OSH. However, the Government indicates that there is a need to establish a specific advisory body on OSH. The Committee requests the Government to provide further information on the progress made in this respect.

Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on any support mechanisms established for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

National programme

Article 5 of Convention No. 187. National programme. The Committee notes the Government’s indication that tripartite consultations were undertaken to elaborate a national programme to assist achieving progressively a safe and healthy working environment. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the most representative organizations of employers and workers.

National preventative safety and health culture and consideration given to principles set out in relevant ILO instruments

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. The Committee notes the Government’s indication that it is considering the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). To this end, the legislation on safety and health in the construction sector is being reviewed to bring it into conformity with the Convention. The Committee requests the Government to continue to provide information on the measures taken to consider ratification of relevant OSH Conventions, in consultation with the most representative organizations of employers and workers.

II. Action at the level of the undertaking

Article 13 of Convention No. 155. Protection from undue consequences related to removal from imminent and serious danger. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 13 of Convention No. 155, on ensuring that workers who remove themselves from work situations which they have reasonable justification to believe present an imminent and serious danger to their life or health are protected from undue consequence.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, on the duty to collaborate in applying OSH requirements of two or more undertakings that engage in activities simultaneously at one workplace.

Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have the duty to inform the employer or committee or health representative of a dangerous situation for their health and safety. The Government indicates that it is the duty of the supervisor to take the necessary action. However, the Government does not indicate if the employer is prohibited to require workers to return to a work situation where there is continuing imminent and serious danger to life or health, until remedial action has been taken, in accordance with the second part of Article 19(f) of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to the second part of Article 19(f) of Convention No. 155.

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Application in practice. With reference to its previous comments on the prohibition of the use of benzene in certain work processes, the Committee notes the Government’s indication that the Factories (Benzene) Regulations (Statutory Instrument No. 179 of 1978) give effect to the requirements of the Convention in prohibiting the use of benzene in processes when harmless or less harmful substitute products are available (section 3). The Committee also notes that, although there is no provision prohibiting the use of benzene and of products containing benzene as a solvent or diluent, the Regulations establish that: (a) work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system (section 7.1); and (b) where it is not practicable for the work processes to be carried out in an enclosed system, efficient means shall be provided to ensure the removal of benzene vapour (section 7.2). The Committee requests the Government to provide further information on the safe methods of work that ensure the removal of benzene vapour when the process involving the use of benzene and of products containing benzene as a solvent or diluent is not carried out in enclosed systems.

Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. The Committee notes the Government’s indication that the OSH Services Department of the MLSS does not have the equipment to carry out measurements of the concentration of benzene in the air and that for this reason no directive on carrying out measurements have been issued so far. The Committee recalls that Article 6 of the Convention requires that employers ensure that the concentration of benzene in the air in the workplace does not exceed a maximum and that the competent authority shall issue directions for the employers to carry out this measurement. The Committee requests the Government to provide information on the directions issued by the competent authority to ensure that employers carry out measurements of the concentration of benzene in the air of places of employment.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in reply to its previous comments concerning the application of Article 5(2)(f) (rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace); Article 10(a) (adequate training); Article 7(a) (design, construction and provision of equipment); Article 7(g) (particular hazards); Article 8 (emergency response plans); Article 9(a) (provision of information to workers); Article 13(1)(c), (d) and (f), (2) and (4) (certain rights of workers and their representatives); and Article 15 (cooperation between employers and workers).

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee refers to its comment above on the application of Article 11(c) of Convention No. 155.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment above on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations. The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 4 of the Convention. Prohibition of the use of benzene in certain work processes. The Committee refers to its previous comments in which it requested the Government to adopt legislation to prohibit the use of benzene and products containing benzene in certain work processes, in accordance with the requirements of Article 4 of the Convention. The Committee notes that in its report, the Government simply acknowledges the Committee’s request without providing information on progress made in this regard. The Committee urges the Government to take all the necessary steps to adopt the required legislation so as to ensure that the use of benzene and products containing benzene is prohibited in certain work processes and that this prohibition includes at least the use of benzene and products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. It further requests the Government to provide information on any developments in this regard.

Application in practice. Noting the absence of a reply on this point, the Committee again requests the Government to provide information on the manner in which the Convention is applied, including relevant extracts of inspection reports and statistics on the number and nature of contraventions reported and the number and nature of occupational diseases reported.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous comments.

Repetition
Legislation. The Committee notes the Factories (Benzene) Regulations 1978 (as amended by S.I. No. 158 of 1993) and in particular notes the relevant provisions which give effect to Articles 2 (Use of substitute products), 6(1) and (2) (Measures taken to limit exposure of workers and Maximum levels of concentration) and 8 of the Convention (Adequate means of personal protection). With reference to its previous comments, the Committee encourages the Government to take into account current internationally agreed limit values for benzene as recommended by the American Conference of Industrial Hygienists, presently recommended at a maximum of 0.5 parts per million or 0.6 mg/m3. The Committee asks the Government to continue to provide information on any relevant legislative developments and to submit copies of such legislation once it has been adopted.
Article 4(1). Prohibition of the use of benzene in certain work processes. The Committee once again reiterates its request that the Government adopt the required legislation to ensure that the use of benzene and products containing benzene are prohibited in certain work processes; and that this prohibition shall at least include the use of benzene and products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee asks the Government to keep it informed of any progress in this regard.
Article 14(c) of the Convention and Part IV of the report form. Application of the Convention in practice and appropriate inspection services. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention, if possible, disaggregated by gender and the number and nature of the infringements recorded.

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

Legislation. The Committee notes the Factories (Benzene) Regulations 1978 (as amended by S.I. No. 158 of 1993) and in particular notes the relevant provisions which give effect to Articles 2 (Use of substitute products), 6(1) and (2) (Measures taken to limit exposure of workers and Maximum levels of concentration) and 8 of the Convention (Adequate means of personal protection). With reference to its previous comments, the Committee encourages the Government to take into account current internationally agreed limit values for benzene as recommended by the American Conference of Industrial Hygienists, presently recommended at a maximum of 0.5 parts per million or 0.6 mg/m3. The Committee asks the Government to continue to provide information on any relevant legislative developments and to submit copies of such legislation once it has been adopted.

Article 4(1). Prohibition of the use of benzene in certain work processes. The Committee once again reiterates its request that the Government adopt the required legislation to ensure that the use of benzene and products containing benzene are prohibited in certain work processes; and that this prohibition shall at least include the use of benzene and products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee asks the Government to keep it informed of any progress in this regard.

Article 14(c) of the Convention and Part IV of the report form. Application of the Convention in practice and appropriate inspection services. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention, if possible, disaggregated by gender and the number and nature of the infringements recorded.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the report of the Government including information regarding effect given to Article 10(1). As regards its previous comments the Committee also notes the following:

Article 6(2) of the Convention. Maximum levels of concentration of benzene in the air at places of work. The Committee notes the information that the Government is in agreement with the Committee that the national exposure limit is high and that the Government undertakes to review the regulation and make the necessary amendments in tripartite consultation. It also notes that the Government indicates that it has recommended employers to apply the occupational exposure limits for airborne toxic substances as provided by the ILO. With reference to its previous comments the Committee would like to reiterate that current internationally agreed limit values for benzene are those recommended by the American Conference of Industrial Hygienists (ACGIH) which presently are recommended to be at a maximum of 0.5 parts per million or 0.6 mg/m3. Against this background, the Committee requests the Government to take into account the recommendation of the American Conference of Industrial Hygienists both in practice and in the context of the legislative reform it has undertaken to carry out. The Committee also requests the Government to provide further information on the maximum limit value actually applied in practice for occupational exposure to benzene.

Article 8. Personal protective equipment. With reference to its previous comment the Committee notes the reference made, in response thereto, to the general requirement in section 9 of the Factories (Benzene) Regulations 1978. It notes, however, that the report is silent on other parts of the comment made under this article. The Committee therefore reiterates its specific request to the Government to provide information on how it is ensured that workers who for special reasons may be exposed to concentrations of benzene in the air of places of employment which exceed the prescribed maximum, are be protected against the risk of inhaling benzene vapour.

Article 14(c) and Part IV of the report form. Application in practice and inspection reports. The Committee notes the information in the Government’s report and that 21 inspections were carried out in 2011 during which poor ventilation was one of the serious concerns noted. The Committee requests the Government to provide information on any actions taken as a result of the serious concerns noted regarding poor ventilation and to continue to provide further information on labour inspections and in particular, information on the number of inspections carried out, the number and nature infringement found and any actions taken as a result.

The Committee also notes that in other respects the report of the Government does not contain any new information in response to the comments the Committee has made for numerous years. Against this background the Committee must repeat the following outstanding comments:

Article 2 of the Convention. Use of substitute products. The Committee notes that in this respect the Government refers to Articles 7(1)–(2) of the Factories (Benzene) Regulations according to which the National Occupational Safety and Health Information Centre (CIS) is required to offer advice on how to use harmless or less harmless substitute products instead of benzene or products containing benzene and the Department of Occupational Safety and Health Services is charged to transmit such information to employers. With reference to the terms of this Article, the Committee requests the Government to provide information in its next report on how effect is given to the requirement to ensure that available substitute products actually are used at workplaces instead of benzene or products containing benzene.

Article 4(1). Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s statement that legislation prohibiting the use of benzene or products containing benzene in certain work processes has not yet been developed, but that work has been initiated to prepare such legislation. Given the long time that has passed since the Government ratified this Convention, the Committee expresses the firm hope that the Government in a very near future will adopt the required legislation giving effect to this provision and asks the Government to transmit copies thereof once they have been adopted.

Article 6(1). Measures taken to limit exposure of workers to benzene. The Committee notes that the Government indicates that according to Regulation 6 of the Factories (Benzene) Regulations, local exhaust ventilation is recommended on all possible escape routes during the process of manufacturing, handling and use of benzene and productions containing benzene. With reference to the terms of the Convention, the Committee notes that according to this article all necessary measures shall be taken in this respect. The Committee requests the Government to take adequate measures, including considering a regulation of this issue in the context of the legislative reform referred to above (paragraph 3 above), to ensure that benzene vapours are removed from the working environment when the work processes cannot be carried out in an enclosed system, in accordance with this article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report, including partial responses to the Committee’s previous comments.

Article 2 of the Convention. Use of substitute products. The Committee notes that the Government refers to articles 7(1) and 7(2) of the Factories (Benzene) Regulations, according to which the National Occupational Safety and Health Information Centre (CIS) is required to offer advice on how to use harmless or less harmless substitute products instead of benzene or products containing benzene and the Department of Occupational Safety and Health Services is charged to transmit such information to employers. The Committee requests the Government to provide information in its next report on how effect is given to the requirement to ensure that available substitute products actually are used at workplaces instead of benzene or products containing benzene.

Article 4(1). Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s statement that legislation prohibiting the use of benzene or products containing benzene in certain work processes has not yet been developed, but that work has been initiated to prepare such legislation. Given the long time that has passed since the Government ratified this Convention, the Committee expresses the firm hope that the Government in the very near future will adopt the required legislation giving effect to Article 4 of the Convention and asks the Government to transmit copies thereof once they have been adopted.

Article 6(1). Measures taken to limit exposure of workers to benzene. The Committee notes the Government’s statement that, according to Regulation 6 of the Factories (Benzene) Regulations, local exhaust ventilation is recommended on all possible escape routes during the process of manufacturing, handling and use of benzene and productions containing benzene. With reference to the terms of the Convention, the Committee notes that according to this Article all necessary measures shall be taken in this respect. The Committee requests the Government to take adequate measures, including considering a regulation of this issue in the context of the legislative reform referred to above (paragraph 3 above), to ensure that benzene vapours are removed from the working environment when the work processes cannot be carried out in an enclosed system, in accordance with this Article of the Convention.

Article 6(2). Maximum levels of concentration of benzene in the air at places of work. The Committee notes that, according to the Factories (Benzene) Regulations, the permitted concentration of benzene in the air of the places of work is 25 parts per million or 80 mg/m³, which corresponds to the limit referred to in Article 6(2) of the Convention. The Committee wishes, however, to draw the Government’s attention to the fact that, since the adoption of this Convention in 1971, scientific knowledge has evolved. According to up to date scientific knowledge reflected in, for example, the limits recommended by the American Conference of Industrial Hygienists (ACGIH) are notably lower, and are presently recommended to be at a maximum of 0.5 parts per million or 0.6 mg/m³. Against this background, the Committee requests the Government to provide further information on the maximum limit value applied in practice for occupational exposure to benzene.

Article 8. Personal protective equipment. The Committee notes that the report is silent as regards its previous comment on this issue and reiterates its request to the Government to provide information on how it is ensured that workers who, for special reasons, may be exposed to concentrations of benzene in the air of places of employment which exceed the prescribed maximum are protected against the risk of inhaling benzene vapour.

Article 10(1). Medical examinations. The Committee notes that, according to the Government, effect is given to Article 10(1) and (2) by paragraphs 2 and 3 of the Factories (Benzene) Regulations and that, in practice, the Occupational Health, Safety and Research Bureau is often called upon to carry out such examination as they have the competent personnel and laboratories. Against this background, the Committee requests the Government to provide further information on the number of medical examinations carried out and their periodicity.

Part IV of the report form. Application in practice. The Committee notes that the inspectors are responsible for the supervision of the application of the Convention and that the Department of Occupational Safety and Health Services has established an occupational hygiene unit to provide training to the inspectors in order for them to carry out their duties. The Committee requests the Government continue to provide information on labour inspections and in particular, information on the number of inspections carried out, the number and nature of infringements found and any actions taken as a result.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information contained in the Government’s report, including partial responses to the Committee’s previous comments.

Article 4, paragraph 1. Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s statement that legislation prohibiting the use of benzene or products containing benzene in certain work processes has not yet been developed, but that work has been initiated to prepare such legislation. Given the long time that has passed since the Government ratified this Convention, the Committee expresses the firm hope that the Government in the very near future will adopt the required legislation giving effect to Article 4 of the Convention and asks the Government to transmit copies thereof once they have been adopted.

Article 6, paragraph 1. Measures taken to limit exposure of workers to benzene. The Committee notes the Government’s statement that, according to Regulation 6 of the Factories (Benzene) Regulations, local exhaust ventilation is recommended on all possible escape routes during the process of manufacturing, handling and use of benzene and productions containing benzene. With reference to the terms of the Convention, the Committee notes that according to this Article all necessary measures shall be taken in this respect. The Committee requests the Government to take adequate measures, including considering a regulation of this issue in the context of the legislative reform referred to above (paragraph 3 above), to ensure that benzene vapours are removed from the working environment when the work processes cannot be carried out in an enclosed system, in accordance with this Article of the Convention.

Article 6, paragraph 2. Maximum levels of concentration of benzene in the air at places of work. The Committee notes that, according to the Factories (Benzene) Regulations, the permitted concentration of benzene in the air of the places of work is 25 parts per million or 80 mg/m³, which corresponds to the limit referred to in Article 6(2) of the Convention. The Committee wishes, however, to draw the Government’s attention to the fact that, since the adoption of this Convention in 1971, scientific knowledge has evolved. According to up to date scientific knowledge reflected in, for example, the limits recommended by the American Conference of Industrial Hygienists (ACGIH) are notably lower, and are presently recommended to be at a maximum of 0.5 parts per million or 0.6 mg/m³. Against this background, the Committee requests the Government to provide further information on the maximum limit value applied in practice for occupational exposure to benzene.

Article 10, paragraph 1. Medical examinations. The Committee notes that, according to the Government, effect is given to Article 10(1) and (2) by paragraphs 2 and 3 of the Factories (Benzene) Regulations and that, in practice, the Occupational Health, Safety and Research Bureau is often called upon to carry out such examination as they have the competent personnel and laboratories. Against this background, the Committee requests the Government to provide further information on the number of medical examinations carried out and their periodicity.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, including partial responses to the Committee’s previous comments.

2. Article 2 of the Convention. Use of substitute products. The Committee notes that the Government refers to articles 7(1) and 7(2) of the Factories (Benzene) Regulations, according to which the National Occupational Safety and Health Information Centre (CIS) is required to offer advice on how to use harmless or less harmless substitute products instead of benzene or products containing benzene and the Department of Occupational Safety and Health Services is charged to transmit such information to employers. The Committee requests the Government to provide information in its next report on how effect is given to the requirement to ensure that available substitute products actually are used at workplaces instead of benzene or products containing benzene.

3. Article 4, paragraph 1. Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s statement that legislation prohibiting the use of benzene or products containing benzene in certain work processes has not yet been developed, but that work has been initiated to prepare such legislation. Given the long time that has passed since the Government ratified this Convention, the Committee expresses the firm hope that the Government in the very near future will adopt the required legislation giving effect to Article 4 of the Convention and asks the Government to transmit copies thereof once they have been adopted.

4. Article 6, paragraph 1. Measures taken to limit exposure of workers to benzene. The Committee notes the Government’s statement that, according to Regulation 6 of the Factories (Benzene) Regulations, local exhaust ventilation is recommended on all possible escape routes during the process of manufacturing, handling and use of benzene and productions containing benzene. With reference to the terms of the Convention, the Committee notes that according to this Article all necessary measures shall be taken in this respect. The Committee requests the Government to take adequate measures, including considering a regulation of this issue in the context of the legislative reform referred to above (paragraph 3 above), to ensure that benzene vapours are removed from the working environment when the work processes cannot be carried out in an enclosed system, in accordance with this Article of the Convention.

5. Article 6, paragraph 2. Maximum levels of concentration of benzene in the air at places of work. The Committee notes that, according to the Factories (Benzene) Regulations, the permitted concentration of benzene in the air of the places of work is 25 parts per million or 80 mg/m³, which corresponds to the limit referred to in Article 6, paragraph 2, of the Convention. The Committee wishes, however, to draw the Government’s attention to the fact that, since the adoption of this Convention in 1971, scientific knowledge has evolved. According to up to date scientific knowledge reflected in, for example, the limits recommended by the American Conference of Industrial Hygienists (ACGIH) are notably lower, and are presently recommended to be at a maximum of 0.5 parts per million or 0.6 mg/m³. Against this background, the Committee requests the Government to provide further information on the maximum limit value applied in practice for occupational exposure to benzene.

6. Article 8. Personal protective equipment. The Committee notes that the report is silent as regards its previous comment on this issue and reiterates its request to the Government to provide information on how it is ensured that workers who, for special reasons, may be exposed to concentrations of benzene in the air of places of employment which exceed the prescribed maximum are protected against the risk of inhaling benzene vapour.

7. Article 10, paragraph 1. Medical examinations. The Committee notes that, according to the Government, effect is given to article 10, paragraphs 1 and 2 by paragraphs 2 and 3 of the Factories (Benzene) Regulations and that, in practice, the Occupational Health, Safety and Research Bureau is often called upon to carry out such examination as they have the competent personnel and laboratories. Against this background, the Committee requests the Government to provide further information on the number of medical examinations carried out and their periodicity.

8. Article 14(c) and Part IV of the report form. Application in practice and inspection reports. The Committee notes that the inspectors are responsible for the supervision of the application of the Convention and that the Department of Occupational Safety and Health Services has established an occupational hygiene unit to provide training to the inspectors in order for them to carry out their duties. The Committee requests the Government continue to provide information on labour inspections and in particular, information on the number of inspections carried out, the number and nature of infringements found and any actions taken as a result.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its direct request. It would draw the Government’s attention to the following points.

1. Article 4, paragraph 2, of the Convention. The Committee notes the Government’s indication to the effect that inspectors advise the employers to provide sufficient and effective means to filter out the vapours from the working environment in order to ensure the removal of benzene vapour in the event that the work process cannot be carried out in an enclosed system, in accordance with regulations 7(1) and 7(2) of the Factories (Benzene) Regulations. It further notes that the inspectors ensure that processes, where such chemicals are used, are carried out in an enclosed system. The Committee requests the Government to specify the abovementioned means used to remove benzene vapours from the working environment.

2. Article 6, paragraph 3. The Committee notes the Government’s indication that the Department of Factories, being the competent authority, has no equipment to measure the concentration of benzene in the air of places of employment, but that some factory inspectors have been trained in the use of such equipment. It further notes that directions for measuring benzene in the air of places of employment will be issued when the equipment is made available and that these directives will be supplemented by a series of workshop demonstrations. The Committee hopes that the lacking equipment will be available soon and that the Government will take appropriate action in this request to guarantee the carrying out of these measurements indispensable to evaluate the concentration of benzene in the air at workplaces. It requests the Government to keep it informed on the progress made in this regard.

3. Article 8, paragraph 2. The Committee notes the Government’s indication to the effect that administrative measures have been taken to limit the duration of exposure to the possible minimum and that employers have provided adequate protective equipment and clothing against the risk of inhaling benzene and its products or absorbing them through the skin. The Committee requests the Government to specify the administrative measures providing for a limitation of exposure in the case set out in Article 8, paragraph 2, of the Convention.

4. Article 10, paragraph 1. The Committee notes the Government’s indication that though competent laboratories exist, they have not been fully utilized due to the nature of their operations and mandate. It further notes that the Government has not yet taken measures to ensure that the required medical examinations under the Convention are carried out by qualified physicians, approved by the competent authority, for lack of specialized physicians in the country. However, ordinary medical examinations are conducted by general physicians at the request of the employer as directed by the Department. Nevertheless, the Government has taken into consideration the Committee’s preceding comment regarding the measures to be taken in order to meet the requirements of this paragraph of the Convention. The Committee accordingly hopes that the Government will take the necessary steps in the near future to ensure that medical examinations will be carried out under the responsibility of a qualified physician, approved by the competent authority, and that the assistance of competent laboratories is received, as appropriate, in accordance with this provision of the Convention. The Committee also hopes that the Government will indicate, in its next report, the progress achieved in this regard.

5. Article 14(c). The Committee notes that inspections are carried out every three months by qualified and graduated inspectors with industrial experience under the auspices of the Factories Department, but that they could not measure the level of benzene in the factories concerned due to the lack of equipment. The Committee therefore requests the Government to explain the manner in which these inspections are carried out under these circumstances and, in particular, to indicate the means utilized by the inspectors in order to evaluate the degree to which the Convention is applied in practice.

The Committee reiterates its hope that the Government will soon be able to take the necessary action to ensure the full application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to its direct request. It would draw the Government’s attention to the following points.

The Committee reiterates its hope that the Government will soon be able to take the necessary action to ensure the full application of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in reply to its direct request. It would draw the Government's attention to the following points.

1. Article 4, paragraph 2, of the Convention. The Committee notes the Government's indication to the effect that inspectors advise the employers to provide sufficient and effective means to filter out the vapours from the working environment in order to ensure the removal of benzene vapour in the event that the work process cannot be carried out in an enclosed system, in accordance with regulations 7(1) and 7(2) of the Factories (Benzene) Regulations. It further notes that the inspectors ensure that processes, where such chemicals are used, are carried out in an enclosed system. The Committee requests the Government to specify the abovementioned means used to remove benzene vapours from the working environment.

2. Article 6, paragraph 3. The Committee notes the Government's indication that the Department of Factories, being the competent authority, has no equipment to measure the concentration of benzene in the air of places of employment, but that some factory inspectors have been trained in the use of such equipment. It further notes that directions for measuring benzene in the air of places of employment will be issued when the equipment is made available and that these directives will be supplemented by a series of workshop demonstrations. The Committee hopes that the lacking equipment will be available soon and that the Government will take appropriate action in this request to guarantee the carrying out of these measurements indispensable to evaluate the concentration of benzene in the air at workplaces. It requests the Government to keep it informed on the progress made in this regard.

3. Article 8, paragraph 2. The Committee notes the Government's indication to the effect that administrative measures have been taken to limit the duration of exposure to the possible minimum and that employers have provided adequate protective equipment and clothing against the risk of inhaling benzene and its products or absorbing them through the skin. The Committee requests the Government to specify the administrative measures providing for a limitation of exposure in the case set out in Article 8, paragraph 2, of the Convention.

4. Article 10, paragraph 1. The Committee notes the Government's indication that though competent laboratories exist, they have not been fully utilized due to the nature of their operations and mandate. It further notes that the Government has not yet taken measures to ensure that the required medical examinations under the Convention are carried out by qualified physicians, approved by the competent authority, for lack of specialized physicians in the country. However, ordinary medical examinations are conducted by general physicians at the request of the employer as directed by the Department. Nevertheless, the Government has taken into consideration the Committee's preceding comment regarding the measures to be taken in order to meet the requirements of this paragraph of the Convention. The Committee accordingly hopes that the Government will take the necessary steps in the near future to ensure that medical examinations will be carried out under the responsibility of a qualified physician, approved by the competent authority, and that the assistance of competent laboratories is received, as appropriate, in accordance with this provision of the Convention. The Committee also hopes that the Government will indicate, in its next report, the progress achieved in this regard.

5. Article 14(c). The Committee notes with interest that inspections are carried out every three months by qualified and graduated inspectors with industrial experience under the auspices of the Factories Department, but that they could not measure the level of benzene in the factories concerned due to the lack of equipment. The Committee therefore requests the Government to explain the manner in which these inspections are carried out under these circumstances and, in particular, to indicate the means utilized by the inspectors in order to evaluate the degree to which the Convention is applied in practice.

The Committee reiterates its hope that the Government will soon be able to take the necessary action to ensure the full application of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Referring to its observation on the Convention, the Committee requests the Government to include in its next report information on measures taken or envisaged in respect of the following:

1. Article 4, paragraph 2, of the Convention. The Committee requests the Government to indicate nay measures taken in practice to guarantee that "efficiency means" to ensure the removal of benzene vapour under regulation 7(2) of the Factories (Benzene) Regulations are equally safe as the use of an enclosed system, at least where benzene or products containing benzene are used as a solvent or diluent.

2. Article 6, paragraph 3. This particular provision requires the competent authority to issue directions on carrying out the measurement of the concentration of benzene in the air of places of employment. This provision is particularly important because paragraph 2 of the same Article would require employers to ensure that concentration of benzene in the air of places of employment should not exceed a maximum level to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3). While the Convention gives to the employer the obligation of ensuring that benzene in the air is controlled below a particular level, the manner by which such control is ensured must be provided for by the competent authority through appropriate instructions on how to measure benzene in the air. Article 6, paragraph 3, therefore, makes it possible for the required ceiling value level to be observed and properly monitored. The Committee notes that regulation 5 of the Factories (Benzene) Regulations of 1978 specifies the same ceiling value as the Convention. However, no provision refers to the issuance of instructions by the competent authority on how employers, through a particular mode of measurement, may keep the levels of benzene in the air in their respective factories within the required ceiling value. The Committee hopes that such a provision will soon be included in pertinent regulations so as not to render nugatory the requirement of keeping benzene in the air within the mandated ceiling value.

3. Article 8, paragraph 2. The Committee notes the provisions contained in regulations 8, 9 and 10 of the Factories (Benzene) Regulations concerning protection against skin contact and exposure to benzene or products containing benzene or its vapour and through the provision of personal protection and/or suitable protective clothing. However, with reference to cases when, for special reasons, workers may be exposed to concentration of benzene in the air, the Committee requests the Government to indicate the measures taken to limit the duration of exposure as low as possible.

4. Article 10, paragraph 1. The Committee requests for information on the practical application of regulation 14(2) of the Factories (Benzene) Regulation indicating, in particular, the extent to which assistance of competent laboratories are utilized, including measures adopted by the competent authority to ensure that the physicians conducting the medical examinations are qualified to undertake such examinations. The Committee, in this regard, brings to the attention of the Government the requirement under this particular provision of the Convention that medical examinations shall be carried out under the responsibility of a qualified physician, approved by the competent authority, and with assistance, as appropriate, of a competent laboratory.

5. Article 14(c). The Committee requests the Government to supply it with information on the manner by which inspection of establishments are carried out; the qualifications of inspectors carrying out inspection services in factories where benzene is present; and the measurement of benzene levels in such establishments.

The Committee hopes that the Government will soon be able to take the necessary action to ensure the full application of the Convention and that it would be able to indicate the progress made in this regard.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 7 of the Convention. The Committee notes with satisfaction that pursuant to its earlier comments an amendment to the Factories (Benzene) Regulations of 1978 has been made by Statutory Instrument No. 158 of 1993 to the effect that work processes involving the use or products containing benzene shall be carried out in an enclosed system, and where this is not practicable, efficient means shall be provided to ensure the removal of benzene vapour. The Committee is addressing a direct request to the Government concerning a number of other points.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes the Government's statement in its latest report that it agrees with the Committee's previous comments as concerns the application of the Convention and that it would advise the ILO of the progress and developments made. The Committee, therefore, hopes that the necessary measures will be taken in the near future to ensure the application of Article 4, paragraph 2 of the Convention (prohibition of the use of benzene as a solvent or diluent unless the process is carried out in an enclosed system (and not area)), Article 7 (work processes involving the use of benzene generally to be carried out in an enclosed system as far as practicable, and where not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour), and Article 8, paragraph 2 (limitation on the duration of exposure to benzene vapour for workers who, for special reasons, are exposed to concentrations of benzene exceeding the maximum prescribed level). The Government is requested to indicate, in its next report, the progress made in this regard.

II. The Committee notes from the reply in the Government's report as concerns the application of Article 6, paragraph 3 of the Convention (instructions on carrying out the measurement of benzene in the air), that the Government is currently processing a request for ILO technical co-operation. The Committee hopes that the Government will, with the assistance of the ILO, soon be in a position to ensure the appropriate monitoring of the concentration of benzene in the air of places of employment by means of adequate instructions on the carrying out of the measurement of such concentrations. The Government is requested to indicate, in its next report, the progress made in this regard.

The Committee further notes the Government's statement in its report that the Government hopes that ILO technical assistance will enable it to improve the practical application of the Convention. The Committee hopes that the Government will take the necessary measures to improve the application of the Convention in practice and that it will ensure the enforcement of the provisions designed to give it effect, including, in particular, provisions for the medical examination of all workers concerned and the inspection of all workplaces where workers may be exposed to benzene or to products containing benzene. The Committee hopes that the Government will soon be able to indicate the progress made in this regard.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. Statutory rules and orders to be made. In comments made for a number of years, the Committee has noted the absence of provisions giving effect to several important requirements of the Convention. Since 1979, the Government has referred to a planned general survey of working places where benzene is used; in its 1985 report, the Government indicated that this survey was to provide the information necessary for the full application of the Convention. The Committee notes with interest the Government's indication in its latest report that a general survey of the automobile industry where solvents are used has now been carried out with the assistance of the Zambia State Insurance Corporation Limited. The Committee accordingly hopes that the necessary measures will soon be taken to amend and supplement the Factories (Benzene) Regulations, 1978 so as to give effect to the following provisions of the Convention:

(a) Articles 4 and 7 of the Convention. Under Article 7 of the Convention, work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system as far as practicable, and where this is not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour. In the absence of such means of protection, the use of benzene and of products containing benzene shall be prohibited under Article 4, at least as a solvent or diluent. The Committee previously noted that Regulation 3 of the Factories (Benzene) Regulations, 1978 does not prohibit the use of benzene or products containing benzene but merely requires their replacement "whenever harmless or less harmful substitute products are available"; Regulation 7 apparently follows the language of article 7 of the Convention, except that it refers to "an enclosed area" instead of an enclosed system. The Committee recalls the Government's indications in its reports received in 1979 and 1985 that, in order to protect workers from harmful contaminants, Regulation 7 needed to be amended so as to read "enclosed system" instead of "enclosed area", and that this amendment would be introducted into paragraphs (1) and (2) of Regulation 7 after the general survey of working places was carried out. Consequently, this should now be done.

(b) Article 6, paragraph 3. Under Article 6, paragraph 2 of the Convention, the employer shall ensure that the concentration of benzene in the air of the places of employment does not exceed a ceiling value of 25 parts per million (80 mg/m3), and under paragraph 3, the competent authority shall issue directions on carrying out the measurement of the concentration of benzene in the air of places of employment. In its report received in 1979, the Government indicated that these directions would be given after carrying out the survey of working places where benzene may be still in use. The Committee notes the Government's indication in its latest report that, at the time of the visits to workplaces, the competent authority has been unable to carry out monitoring, and no measurements were taken due to lack of equipment. The Committee must point out that the responsibility for keeping the concentration of benzene in the air within the limits allowed under Article 6, paragraph 2 is to rest with the employer; it follows that the measurement mentioned in Article 6, paragraph 3 is also to be ensured by the employer, under directions to be issued by the competent authority. The Committee accordingly hopes that the necessary instructions will now be issued.

(c) Article 8, paragraph 2. Under this provision, workers who for special reasons may be exposed to concentrations of benzene in the air of places of employment which exceed the maximum referred to in Article 6, paragraph 2 shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. This is also called for by Regulation 9 of the Factories (Benzene) Regulations, 1978. However, Article 8, paragraph 2 moreover provides that the duration of exposure shall be limited as far as possible. In its report received in 1979, the Government indicated that to date no cases of employment which exceeded the maximum allowable concentration had been reported; however, when the survey was complete, where appropriate, the duration of exposure to high concentrations would have to be set. The Committee notes that at the time of the survey, the concentration of benzene could not be measured in the absence of the necessary equipment; it accordingly hopes that the competent authority will now, besides issuing the necessary instructions for measurement already referred to under Article 6, paragraph 3, also set appropriate limits to the duration of exposure to high concentrations of benzene in the air.

2. Application in practice and enforcement of the Convention. Under Article 14(a) of the Convention, the Government shall take such steps as may be necessary to give effect to the provisions of the Convention and, under Article 14(c), appropriate inspection is to be carried out. The Committee notes with interest that the general survey of the automobile industry carried out with the help of the Zambia State Insurance Corporation involved 40 motor vehicle repair workshops, where the inspection teams inspected spray painting booths and paint storage facilities. The Committee notes that the inspection teams gave advice on mechanical exhaust ventilation systems and hazards associated with the use of solvents including benzene, advised the factory occupiers not to use benzene as provided in the Factories (Benzene) Regulations, and advocated the use of enclosures, mechanical exhaust systems and, in the last resort, personal protective equipment, as provided by the Regulations. The Committee, however, observes that the inspection teams, hampered as they were by the absence of measuring equipment, appear not to have been in a position to enforce, where necessary, the application of the relevant regulations. Moreover, working places where benzene may be used outside the 40 motor vehicle repair shops included in the survey appear not to have been inspected. In this connection, the Committee also recalls the Government's indication in its report received in 1985 that medical examinations are carried out at one paint manufacturing factory; however, Article 9, paragraph 1 of the Convention as well as Regulation 14 of the Factories (Benzene) Regulations, 1978 provide for pre-employment medical examination and periodical re-examination of every person employed in processes involving exposure to benzene or products containing benzene. The Committee hopes that the necessary measures will be taken to improve the application in practice and enforcement of provisions designed to give effect to the Convention, including provisions for the medical examination of all workers concerned and the inspection of all workplaces where workers may be exposed to benzene or to products containing benzene, and that the Government will report on the action taken.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In earlier comments, the Committee noted the Government's indication in its 1985 report that a general survey of working places where benzene is used was to provide the information necessary for the full application of the Convention. The Committee notes from the Government's latest report that the general survey, which was started with the assistance of the Lusaka Urban District Council could not be completed due to a lack of qualified personnel, transport and relevant measuring equipment. The Government, however, considers that a thorough survey of working premises where benzene is used is still necessary for effective enforcement of the Factories (Benzene) Regulations and the application of the requirements of the Convention. The Committee hopes that the appropriate priority will be given to this project and that the Government will soon be in a position to indicate that the survey has been completed.

2. For a number of years, the Committee has noted the absence of measures to give effect to important requirements of the Convention. The Committee hopes that the necessary steps will be taken in the near future so as to ensure the application of Article 4 (prohibition of the use of benzene as a solvent or diluent unless the process is carried out in an enclosed system), Article 6, paragraph 3 (directions on carrying out the measurement of benzene in the air), Article 7, paragraph 1 (work processes involving the use of benzene to be carried out in an enclosed system), and Article 8, paragraph 2 (personal protective equipment against the risk of inhaling benzene vapour for workers exposed to excessive concentrations of benzene). The Committee hopes that the Government will soon be able to indicate progress made in this regard. [The Government is asked to report in detail for the period ending 30 June 1990.]