INTERNATIONAL LABOUR ORGANIZATION

Geneva, Switzerland.

TITLE

C170	Chemicals Convention, 1990

REF	Convention concerning Safety in the use of Chemicals at Work

(Note: Date of coming into force: #FORCE=04:11:1993.)

#DESCRIPTION:(Convention)

#CONVENTION:C170

#PLACE:Geneva

#CONFERENCE_SESSION:77

#YEAR=1990

#ADOPTION:25:06:1990

#CLASSIFICATION:09_04_01

#DOCNO=011990170

PREAMBLE

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International

Labour Office, and having met in its 77th Session on 6 June 1990, and

Noting the relevant international labour Conventions and Recommendations and,

in particular, the Benzene Convention and Recommendation, 1971, the

Occupational Cancer Convention and Recommendation, 1974, the Working

Environment (Air Pollution, Noise and Vibration) Convention and

Recommendation, 1977, the Occupational Safety and Health Convention and

Recommendation, 1981, the Occupational Health Services Convention and

Recommendation, 1985, the Asbestos Convention and Recommendation, 1986, and

the list of occupational diseases, as amended in 1980, appended to the

Employment Injury Benefits Convention, 1964, and

Noting that the protection of workers from the harmful effects of chemicals

also enhances the protection of the general public and the environment, and

Noting that workers have a need for, and right to, information about the

chemicals they use at work, and

Considering that it is essential to prevent or reduce the incidence of

chemically induced illnesses and injuries at work by:

(a) ensuring that all chemicals are evaluated to determine their hazards;

(b) providing employers with a mechanism to obtain from suppliers information

about the chemicals used at work so that they can implement effective

programmes to protect workers from chemical hazards;

(c) providing workers with information about the chemicals at their

workplaces, and about appropriate preventive measures so that they can

effectively participate in protective programmes;

(d) establishing principles for such programmes to ensure that chemicals are

used safely, and

Having regard to the need for co-operation within the International Programme

on Chemical Safety between the International Labour Organisation, the United

Nations Environment Programme and the World Health Organisation as well as

with the Food and Agriculture Organisation of the United Nations and the

United Nations Industrial Development Organisation, and noting the relevant

instruments, codes and guide-lines promulgated by these organisations, and

Having decided upon the adoption of certain proposals with regard to safety in

the use of chemicals at work, which is the fifth item on the agenda of the

session, and

Having determined that these proposals shall take the form of an international

Convention;

adopts this twenty-fifth day of June of the year one thousand nine hundred and

ninety the following Convention, which may be cited as the Chemicals

Convention, 1990:

TEXT

PART I. SCOPE AND DEFINITIONS

Article 1

1. This Convention applies to all branches of economic activity in which

chemicals are used.

2. The competent authority of a Member ratifying this Convention, after

consulting the most representative organisations of employers and workers

concerned, and on the basis of an assessment of the hazards involved and the

protective measures to be applied:

(a) may exclude particular branches of economic activity, undertakings or

products from the application of the Convention, or certain provisions

thereof, when:

(i) special problems of a substantial nature arise; and

(ii) the overall protection afforded in pursuance of national law and practice

is not inferior to that which would result from the full application of the

provisions of the Convention;

(b) shall make special provision to protect confidential information whose

disclosure to a competitor would be liable to cause harm to an employer's

business so long as the safety and health of workers are not compromised

thereby.

3. This Convention does not apply to articles which will not expose workers to

a hazardous chemical under normal or reasonably foreseeable conditions of use.

4. This Convention does not apply to organisms, but does apply to chemicals

derived from organisms.

Article 2

For the purposes of this Convention:

(a) the term [ chemicals ] means chemical elements and compounds, and mixtures

thereof, whether natural or synthetic;

(b) the term [ hazardous chemical ] includes any chemical which has been

classified as hazardous in accordance with Article 6 or for which relevant

information exists to indicate that the chemical is hazardous;

(c) the term [ use of chemicals at work ] means any work activity which may

expose a worker to a chemical, including:

(i) the production of chemicals;

(ii) the handling of chemicals;

(iii) the storage of chemicals;

(iv) the transport of chemicals;

(v) the disposal and treatment of waste chemicals;

(vi) the release of chemicals resulting from work activities;

(vii) the maintenance, repair and cleaning of equipment and containers for

chemicals;

(d) the term [ branches of economic activity ] means all branches in which

workers are employed, including the public service;

(e) the term [ article ] means an object which is formed to a specific shape

or design during its manufacture or which is in its natural shape, and whose

use in that form is dependent in whole or in part on its shape or design;

(f) the term [ workers' representatives ] means persons who are recognised as

such by national law or practice, in accordance with the Workers'

Representatives Convention, 1971.

PART II. GENERAL PRINCIPLES

Article 3

The most representative organisations of employers and workers concerned shall

be consulted on the measures to be taken to give effect to the provisions of

this Convention.

Article 4

In the light of national conditions and practice and in consultation with the

most representative organisations of employers and workers, each Member shall

formulate, implement and periodically review a coherent policy on safety in

the use of chemicals at work.

Article 5

The competent authority shall have the power, if justified on safety and

health grounds, to prohibit or restrict the use of certain hazardous

chemicals, or to require advance notification and authorisation before such

chemicals are used.

PART III. CLASSIFICATION AND RELATED MEASURES

Article 6

CLASSIFICATION SYSTEMS

1. Systems and specific criteria appropriate for the classification of all

chemicals according to the type and degree of their intrinsic health and

physical hazards and for assessing the relevance of the information required

to determine whether a chemical is hazardous shall be established by the

competent authority, or by a body approved or recognised by the competent

authority, in accordance with national or international standards.

2. The hazardous properties of mixtures composed of two or more chemicals may

be determined by assessments based on the intrinsic hazards of their component

chemicals.

3. In the case of transport, such systems and criteria shall take into account

the United Nations Recommendations on the transport of dangerous goods.

4. The classification systems and their application shall be progressively

extended.

Article 7

LABELLING AND MARKING

1. All chemicals shall be marked so as to indicate their identity.

2. Hazardous chemicals shall in addition be labelled, in a way easily

understandable to the workers, so as to provide essential information

regarding their classification, the hazards they present and the safety

precautions to be observed.

3.(1) Requirements for marking or labelling chemicals pursuant to paragraphs 1

and 2 of this Article shall be established by the competent authority, or by a

body approved or recognised by the competent authority, in accordance with

national or international standards.

(2) In the case of transport, such requirements shall take into account the

United Nations Recommendations on the transport of dangerous goods.

Article 8

CHEMICAL SAFETY DATA SHEETS

1. For hazardous chemicals, chemical safety data sheets containing detailed

essential information regarding their identity, supplier, classification,

hazards, safety precautions and emergency procedures shall be provided to

employers.

2. Criteria for the preparation of chemical safety data sheets shall be

established by the competent authority, or by a body approved or recognised by

the competent authority, in accordance with national or international

standards.

3. The chemical or common name used to identify the chemical on the chemical

safety data sheet shall be the same as that used on the label.

Article 9

RESPONSIBILITIES OF SUPPLIERS

1. Suppliers of chemicals, whether manufacturers, importers or distributors,

shall ensure that:

(a) such chemicals have been classified in accordance with Article 6 on the

basis of knowledge of their properties and a search of available information

or assessed in accordance with paragraph 3 below;

(b) such chemicals are marked so as to indicate their identity in accordance

with Article 7, paragraph 1;

(c) hazardous chemicals they supply are labelled in accordance with Article 7,

paragraph 2;

(d) chemical safety data sheets are prepared for such hazardous chemicals in

accordance with Article 8, paragraph 1, and provided to employers.

2. Suppliers of hazardous chemicals shall ensure that revised labels and

chemical safety data sheets are prepared and provided to employers, by a

method which accords with national law and practice, whenever new relevant

safety and health information becomes available.

3. Suppliers of chemicals which have not yet been classified in accordance

with Article 6 shall identify the chemicals they supply and assess the

properties of these chemicals on the basis of a search of available

information in order to determine whether they are hazardous chemicals.

PART IV. RESPONSIBILITIES OF EMPLOYERS

Article 10

IDENTIFICATION

1. Employers shall ensure that all chemicals used at work are labelled or

marked as required by Article 7 and that chemical safety data sheets have been

provided as required by Article 8 and are made available to workers and their

representatives.

2. Employers receiving chemicals that have not been labelled or marked as

required under Article 7, or for which chemical safety data sheets have not

been provided as required under Article 8, shall obtain the relevant

information from the supplier or from other reasonably available sources, and

shall not use the chemicals until such information is obtained.

3. Employers shall ensure that only chemicals which are classified in

accordance with Article 6 or identified and assessed in accordance with

Article 9, paragraph 3, and labelled or marked in accordance with Article 7

are used and that any necessary precautions are taken when they are used.

4. Employers shall maintain a record of hazardous chemicals used at the

workplace, cross-referenced to the appropriate chemical safety data sheets.

This record shall be accessible to all workers concerned and their

representatives.

Article 11

TRANSFER OF CHEMICALS

Employers shall ensure that when chemicals are transferred into other

containers or equipment, the contents are indicated in a manner which will

make known to workers their identity, any hazards associated with their use

and any safety precautions to be observed.

Article 12

EXPOSURE

Employers shall:

(a) ensure that workers are not exposed to chemicals to an extent which

exceeds exposure limits or other exposure criteria for the evaluation and

control of the working environment established by the competent authority, or

by a body approved or recognised by the competent authority, in accordance

with national or international standards;

(b) assess the exposure of workers to hazardous chemicals;

(c) monitor and record the exposure of workers to hazardous chemicals when

this is necessary to safeguard their safety and health or as may be prescribed

by the competent authority;

(d) 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 13

OPERATIONAL CONTROL

1. Employers shall make an assessment of the risks arising from the use of

chemicals at work, and shall protect workers against such risks by appropriate

means, such as:

(a) the choice of chemicals that eliminate or minimise the risk;

(b) the choice of technology that eliminates or minimises the risk;

(c) the use of adequate engineering control measures;

(d) the adoption of working systems and practices that eliminate or minimise

the risk;

(e) the adoption of adequate occupational hygiene measures;

(f) where recourse to the above measures does not suffice, the provision and

proper maintenance of personal protective equipment and clothing at no cost to

the worker, and the implementation of measures to ensure their use.

2. Employers shall:

(a) limit exposure to hazardous chemicals so as to protect the safety and

health of workers;

(b) provide first aid;

(c) make arrangements to deal with emergencies.

Article 14

DISPOSAL

Hazardous chemicals which are no longer required and containers which have

been emptied but which may contain residues of hazardous chemicals, shall be

handled or disposed of in a manner which eliminates or minimises the risk to

safety and health and to the environment, in accordance with national law and

practice.

Article 15

INFORMATION AND TRAINING

Employers shall:

(a) inform the workers of the hazards associated with exposure to chemicals

used at the workplace;

(b) instruct the workers how to obtain and use the information provided on

labels and chemical safety data sheets;

(c) use the chemical safety data sheets, along with information specific to

the workplace, as a basis for the preparation of instructions to workers,

which should be written if appropriate;

(d) train the workers on a continuing basis in the practices and procedures to

be followed for safety in the use of chemicals at work.

Article 16

CO-OPERATION

Employers, in discharging their responsibilities, shall co-operate as closely

as possible with workers or their representatives with respect to safety in

the use of chemicals at work.

PART V. DUTIES OF WORKERS

Article 17

1. Workers shall co-operate as closely as possible with their employers in the

discharge by the employers of their responsibilities and comply with all

procedures and practices relating to safety in the use of chemicals at work.

2. Workers shall take all reasonable steps to eliminate or minimise risk to

themselves and to others from the use of chemicals at work.

PART VI. RIGHTS oF WORKERS AND THEIR REPRESENTATIVES

Article 18

1. Workers shall have the right to remove themselves from danger resulting

from the use of chemicals when they have reasonable justification to believe

there is an imminent and serious risk to their safety or health, and shall

inform their supervisor immediately.

2. Workers who remove themselves from danger in accordance with the provisions

of the previous paragraph or who exercise any other rights under this

Convention shall be protected against undue consequences.

3. Workers concerned and their representatives shall have the right to:

(a) information on the identity of chemicals used at work, the hazardous

properties of such chemicals, precautionary measures, education and training;

(b) the information contained in labels and markings;

(c) chemical safety data sheets;

(d) any other information required to be kept by this Convention.

4. Where disclosure of the specific identity of an ingredient of a chemical

mixture to a competitor would be liable to cause harm to the employer's

business, the employer may, in providing the information required under

paragraph 3 above, protect that identity in a manner approved by the competent

authority under Article 1, paragraph 2 (b).

PART VII. RESPONSIBILITY OF EXPORTING STATES

Article 19

When in an exporting member State all or some uses of hazardous chemicals are

prohibited for reasons of safety and health at work, this fact and the reasons

for it shall be communicated by the exporting member State to any importing

country.

FINAL

Part VIII. Final Provisions

Article 20

The formal ratifications of this Convention shall be communicated to the

Director-General of the International Labour Office for registration.

Article 21

1. This Convention shall be binding only upon those Members of the

International Labour Organisation whose ratifications have been registered

with the Director-General.

2. It shall come into force twelve months after the date on which the

ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve

months after the date on which its ratification has been registered.

Article 22

1. A Member which has ratified this Convention may denounce it after the

expiration of ten years from the date on which the Convention first comes into

force, by an act communicated to the Director-General of the International

Labour Office for registration. Such denunciation shall not take effect until

one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within

the year following the expiration of the period of ten years mentioned in the

preceding paragraph, exercise the right of denunciation provided for in this

Article, will be bound for another period of ten years and, thereafter, may

denounce this Convention at the expiration of each period of ten years under

the terms provided for in this Article.

Article 23

1. The Director-General of the International Labour Office shall notify all

Members of the International Labour Organisation of the registration of all

ratifications and denunciations communicated to him by the Members of the

Organisation.

2. When notifying the Members of the Organisation of the registration of the

second ratification communicated to him, the Director-General shall draw the

attention of the Members of the Organisation to the date upon which the

Convention will come into force.

Article 24

The Director-General of the International Labour Office shall communicate to

the Secretary-General of the United Nations for registration in accordance

with Article 102 of the Charter of the United Nations full particulars of all

ratifications and acts of denunciation registered by him in accordance with

the provisions of the preceding Articles.

Article 25

At such times as it may consider necessary the Governing Body of the

International Labour Office shall present to the General Conference a report

on the working of this Convention and shall examine the desirability of

placing on the agenda of the Conference the question of its revision in whole

or in part.

Article 26

1. Should the Conference adopt a new Convention revising this Convention in

whole or in part, then, unless the new Convention otherwise provides:

(a) the ratification by a Member of the new revising Convention shall ipso

jure involve the immediate denunciation of this Convention, notwithstanding

the provisions of Article 22 above, if and when the new revising Convention

shall have come into force;

(b) as from the date when the new revising Convention comes into force this

Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and

content for those Members which have ratified it but have not ratified the

revising Convention.

Article 27

The English and French versions of the text of this Convention are equally

authoritative.

XREF

#CONVENTIONS:C136:Benzene Convention, 1971

#CONVENTIONS:C139:Occupational Cancer Convention, 1974

#CONVENTIONS:C148:Working Environment (Air Pollution, Noise and Vibration)

Convention, 1977

#CONVENTIONS:C164:Occupational Safety and Health Convention, 1981

#CONVENTIONS:C161:Occupational Health Services Convention, 1985

#CONVENTIONS:C162:Asbestos Convention, 1986

#CONVENTIONS:C121:Employment Injury Benefits Convention, 1964

#CONVENTIONS:C135:Workers' Representatives Convention, 1971

#RECOMMENDATIONS:R144:Benzene Recommendation, 1971

#RECOMMENDATIONS:R147:Occupational Cancer Recommendation, 1974

#RECOMMENDATIONS:R156:Working Environment (Air Pollution, Noise and Vibration)

Recommendation, 1977

#RECOMMENDATIONS:R164:Occupational Safety and Health Recommendation, 1981

#RECOMMENDATIONS:R171:Occupational Health Services Recommendation, 1985

#RECOMMENDATIONS:R172:Asbestos Recommendation, 1986