INTERNATIONAL LABOUR ORGANIZATION

Geneva, Switzerland.

TITLE

R177 Chemicals Recommendation, 1990

REF

RECOMMENDATION CONCERNING SAFETY IN

THE USE OF CHEMICALS AT WORK

#DESCRIPTION:(Recommendation)

#RECOMMENDATION:R177

#PLACE:Geneva

#CONFERENCE_SESSION:77

#YEAR=1990

#ADOPTION=25:06:1990

#CLASSIFICATION:09_04_01_

#DOCNO=021990177

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

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 a Recommendation

supplementing the Chemicals Convention, 1990;

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

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

Recommendation, 1990.

TEXT

I. GENERAL PROVISIONS

1. The provisions of this Recommendation should be applied in conjunction with

those of the Chemicals Convention, 1990 (hereafter referred to as "the

Convention").

2. The most representative organisations of employers and workers concerned

should be consulted on the measures to be taken to give effect to the

provisions of this Recommendation.

3. The competent authority should specify categories of workers who for

reasons of safety and health are not allowed to use specified chemicals or are

allowed to use them only under conditions prescribed in accordance with

national laws or regulations.

4. The provisions of this Recommendation should also apply to such

self-employed persons as may be specified by national laws or regulations.

5. The special provisions established by the competent authority to protect

confidential information, under Article 1, paragraph 2(b), and Article 18,

paragraph 4, of the Convention, should:

(a) limit the disclosure of confidential information to those who have a need

related to workers' safety and health;

(b) ensure that those who obtain confidential information agree to use it only

to address safety and health needs and otherwise to protect its

confidentiality;

(c) provide that relevant confidential information be disclosed immediately in

an emergency;

(d) provide for procedures to consider promptly the validity of the

confidentiality claim and of the need for the information withheld where there

is a disagreement regarding disclosure.

II. CLASSIFICATION AND RELATED MEASURES

CLASSIFICATION

6. The criteria for the classification of chemicals established pursuant to

Article 6, paragraph 1, of the Convention should be based upon the

characteristics of chemicals including:

(a) toxic properties, including both acute and chronic health effects in all

parts of the body;

(b) chemical or physical characteristics, including flammable, explosive,

oxidising and dangerously reactive properties;

(c) corrosive and irritant properties;

(d) allergenic and sensitising effects;

(e) carcinogenic effects;

(f) teratogenic and mutagenic effects;

(g) effects on the reproductive system.

7. (1) As far as is reasonably practicable, the competent authority should

compile and periodically update a consolidated list of the chemical elements

and compounds used at work, together with relevant hazard information.

(2) For chemical elements and compounds not yet included in the consolidated

list, the manufacturers or importers should, unless exempted, be required to

transmit to the competent authority, prior to use at work, and in a manner

consistent with the protection of confidential information under Article 1,

paragraph 2 (b), of the Convention, such information as is necessary for the

maintenance of the list.

LABELLING AND MARKING

8. (1) The requirements for the labelling and marking of chemicals established

pursuant to Article 7 of the Convention, should be such as to enable persons

handling or using chemicals to recognise and distinguish between them both

when receiving and when using them, so that they may be used safely.

(2) The labelling requirements for hazardous chemicals should, in conformity

with existing national or international systems, cover:

(a) the information to be given on the label including as appropriate:

(i) trade names;

(ii) identity of the chemical;

(iii) name, address and telephone number of the supplier;

(iv) hazard symbols;

(v) nature of the special risks associated with the use of the chemical;

(vi) safety precautions;

(vii) identification of the batch;

(viii) the statement that a chemical safety data sheet giving additional

information is available from the employer;

(ix) the classification assigned under the system established by the competent

authority;

(b) the legibility, durability and size of the label;

(c) the uniformity of labels and symbols, including colours.

(3) The label should be easily understandable by workers.

(4) In the case of chemicals not covered by subparagraph (2) above, the

marking may be limited to the identity of the chemical.

9. Where it is impracticable to label or mark a chemical in view of the size

of the container or the nature of the package, provision should be made for

other effective means of recognition such as tagging or accompanying

documents. However, all containers of hazardous chemicals should indicate the

hazards of the contents through appropriate wording or symbols.

CHEMICAL SAFETY DATA SHEETS

10. (1) The criteria for the preparation of chemical safety data sheets for

hazardous chemicals should ensure that they contain essential information

including, as applicable:

(a) chemical product and company identification (including trade or common

name of the chemical and details of the supplier or manufacturer);

(b) composition/information on ingredients (in a way that clearly identifies

them for the purpose of conducting a hazard evaluation);

(c) hazards identification;

(d) first-aid measures;

(e) fire-fighting measures;

(f) accidental release measures;

(g) handling and storage;

(h) exposure controls/personal protection (including possible methods of

monitoring workplace exposure);

(i) physical and chemical properties;

(j) stability and reactivity;

(k) toxicological information (including the potential routes of entry into

the body and the possibility of synergism with other chemicals or hazards

encountered at work);

(l) ecological information;

(m) disposal considerations;

(n) transport information;

(o) regulatory information;

(p) other information (including the date of preparation of the chemical

safety data sheet).

(2) Where the names or concentrations of the ingredients referred to in

subparagraph (1) (b) above constitute confidential information, they may, in

accordance with Article 1, paragraph 2 (b), of the Convention, be omitted from

the chemical safety data sheet. In accordance with Paragraph 5 of this

Recommendation the information should be disclosed on request and in writing

to the competent authority and to concerned employers, workers and their

representatives who agree to use the information only for the protection of

workers' safety and health and not otherwise to disclose it.

III. RESPONSIBILITIES OF EMPLOYERS

MONITORING OF EXPOSURE

11. (1) Where workers are exposed to hazardous chemicals, the employer should

be required to:

(a) limit exposure to such chemicals so as to protect the health of workers;

(b) assess, monitor and record, as necessary, the concentration of airborne

chemicals at the workplace,

(2) Workers and their representatives and the competent authority should have

access to these records.

(3) Employers should keep the records provided for in this Paragraph for a

period of time determined by the competent authority.

OPERATIONAL CONTROL WITHIN THE WORKPLACE

12. (1) Measures should be taken by employers to protect workers against

hazards arising from the use of chemicals at work, based upon the criteria

established pursuant to Paragraphs 13 to 16 below.

(2) In accordance with the Tripartite Declaration of Principles concerning

Multinational Enterprises and Social Policy, adopted by the Governing Body of

the International Labour Office, a national or multinational enterprise with

more than one establishment should provide safety measures relating to the

prevention and control of, and protection against, health hazards due to

occupational exposure to hazardous chemicals, without discrimination, to the

workers in all its establishments regardless of the place or country in which

they are situated.

13. The competent authority should ensure that criteria are established for

safety in the use of hazardous chemicals, including provisions covering, as

applicable:

(a) the risk of acute or chronic diseases due to entry into the body by

inhalation, skin absorption or ingestion;

(b) the risk of injury or disease from skin or eye contact;

(c) the risk of injury from fire, explosion or other events resulting from

physical properties or chemical reactivity;

(d) the precautionary measures to be taken through:

(i) the choice of chemicals that eliminate or minimise such risks;

(ii) the choice of processes, technology and installations that eliminate or

minimise such risks;

(iii) the use and proper maintenance of engineering control measures;

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

such risks;

(v) the adoption of adequate personal hygiene measures and provision of

adequate sanitary facilities;

(vi) the provision, maintenance and use of suitable personal protective

equipment and clothing, at no cost to the worker where the above measures have

not proved sufficient to eliminate such risks;

(vii) the use of signs and notices;

(viii) adequate preparations for emergencies.

14. The competent authority should ensure that criteria are established for

safety in the storage of hazardous chemicals, including provisions covering,

as applicable:

(a) the compatibility and segregation of stored chemicals;

(b) the properties and quantity of chemicals to be stored;

(c) the security and siting of and access to stores;

(d) the construction, nature and integrity of storage containers;

(e) loading and unloading of storage containers;

(f) labelling and relabelling requirements;

(g) precautions against accidental release, fire, explosion and chemical

reactivity;

(h) temperature, humidity and ventilation;

(i) precautions and procedures in case of spillage;

(j) emergency procedures;

(k) possible physical and chemical changes in stored chemicals.

15. The competent authority should ensure that criteria consistent with

national or international transport regulations are established for the safety

of workers involved in the transport of hazardous chemicals, including

provisions covering, as applicable:

(a) the properties and quantity of chemicals to be transported;

(b) the nature, integrity and protection of packagings and containers used in

transport, including pipelines;

(c) the specifications of the vehicle used in transport;

(d) the routes to be taken;

(e) the training and qualifications of transport workers;

(f) labelling requirements;

(g) loading and unloading;

(h) procedures in case of spillage.

16. (1) The competent authority should ensure that criteria consistent with

national or international regulations regarding disposal of hazardous waste

are established for procedures to be followed in the disposal and treatment of

hazardous chemicals and hazardous waste products with a view to ensuring the

safety of workers.

(2) These criteria should include provisions covering, as applicable:

(a) the method of identification of waste products;

(b) the handling of contaminated containers;

(c) the identification, construction, nature, integrity and protection of

waste containers;

(d) the effects on the working environment;

(e) the demarcation of disposal areas;

(f) the provision, maintenance and use of personal protective equipment and

clothing;

(g) the method of disposal or treatment.

17. The criteria for the use of chemicals at work established pursuant to the

provisions of the Convention and this Recommendation should be as consistent

as possible with the protection of the general public and the environment and

any criteria established for that purpose.

MEDICAL SURVEILLANCE

18. (1) The employer, or the institution competent under national law and

practice, should be required to arrange, through a method which accords with

national law and practice, such medical surveillance of workers as is

necessary:

(a) for the assessment of the health of workers in relation to hazards caused

by exposure to chemicals;

(b) for the diagnosis of work-related diseases and injuries caused by exposure

to hazardous chemicals.

(2) Where the results of medical tests or investigations reveal clinical or

preclinical effects, measures should be taken to prevent or reduce exposure of

the workers concerned, and to prevent further deterioration of their health.

(3) The results of medical examinations should be used to determine health

status with respect to exposure to chemicals, and should not be used to

discriminate against the worker.

(4) Records resulting from medical surveillance of workers should be kept for

a period of time and by persons prescribed by the competent authority.

(5) Workers should have access to their own medical records, either personally

or through their own physicians.

(6) The confidentiality of individual medical records should be respected in

accordance with generally accepted principles of medical ethics.

(7) The results of medical examinations should be clearly explained to the

workers concerned.

(8) Workers and their representatives should have access to the results of

studies prepared from medical records, where individual workers cannot be

identified.

(9) The results of medical records should be made available to prepare

appropriate health statistics and epidemiological studies, provided anonymity

is maintained, where this may aid in the recognition and control of

occupational diseases.

FIRST AID AND EMERGENCIES

19. In accordance with any requirements laid down by the competent authority,

employers should be required to maintain procedures, including first-aid

arrangements, to deal with emergencies and accidents resulting from the use of

hazardous chemicals at work and to ensure that workers are trained in these

procedures.

IV. CO-OPERATION

20. Employers, workers and their representatives should co-operate as closely

as possible in the application of measures prescribed pursuant to this

Recommendation.

21. Workers should be required to:

(a) take care as far as possible of their own safety and health and of that of

other persons who may be affected by their acts or omissions at work in

accordance with their training and with instructions given by their employer;

(b) use properly all devices provided for their protection or the protection

of others;

(c) report forthwith to their supervisor any situation which they believe

could present a risk, and which they cannot properly deal with themselves.

22. Publicity material concerning hazardous chemicals intended for use at work

should call attention to their hazards and the necessity to take precautions.

23. Suppliers should, on Request, provide employers with such information as

is available and required for the evaluation of any unusual hazards which

might result from a particular use of a chemical at work.

V. RIGHTS OF WORKERS

24. (1) Workers and their representatives should have the right to:

(a) obtain chemical safety data sheets and other information from the employer

so as to enable them to take adequate precautions, in co-operation with their

employer, to protect workers against risks from the use of hazardous chemicals

at work;

(b) request and participate in an investigation by the employer or the

competent authority of possible risks resulting from the use of chemicals at

work.

(2) Where the information requested is confidential in accordance with Article

1, paragraph 2 (b), and Article 18, paragraph 4, of the Convention, employers

may require the workers or workers' representatives to limit its use to the

evaluation and control of possible risks arising from the use of chemicals at

work, and to take reasonable steps to ensure that this information is not

disclosed to potential competitors.

(3) Having regard to the Tripartite Declaration of Principles concerning

Multinational Enterprises and Social Policy, multinational enterprises should

make available, upon request, to workers concerned workers' representatives,

the competent authority and employers' and workers' organisations in all

countries in which they operate, information on the standards and procedures

related to the use of hazardous chemicals relevant to their local operations,

which they observe in other countries.

25. (1) Workers should have the right:

(a) to bring to the attention of their representatives, the employer or the

competent authority, potential hazards arising from the use of chemicals at

work;

(b) 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 should inform their supervisor

immediately;

(c) in the case of a health condition, such as chemical sensitisation, placing

them at increased risk of harm from a hazardous chemical, to alternative work

not involving that chemical, if such work is available and if the workers

concerned have the qualifications or can reasonably be trained for such

alternative work;

(d) to compensation if the case referred to in subparagraph (1) (c) results in

loss of employment;

(e) to adequate medical treatment and compensation for injuries and diseases

resulting from the use of chemicals at work.

(2) Workers who remove themselves from danger in accordance with the

provisions of subparagraph (1) (b) or who exercise any of their rights under

this Recommendation should be protected against undue consequences.

(3) Where workers have removed themselves from danger in accordance with

subparagraph (1) (b), the employer, in co-operation with workers and their

representatives, should immediately investigate the risk and take any

corrective steps necessary.

(4) Women workers should have the right, in the case of pregnancy or

lactation, to alternative work not involving the use of, or exposure to,

chemicals hazardous to the health of the unborn or nursing child, where such

work is available, and the right to return to their previous jobs at the

appropriate time.

26. Workers should receive:

(a) information on the classification and labelling of chemicals and on

chemical safety data sheets in forms and languages which they easily

understand;

(b) information on the risks which may arise from the use of hazardous

chemicals in the course of their work;

(c) instruction, written or oral, based on the chemical safety data sheet and

specific to the workplace if appropriate;

(d) training and, where necessary, retraining in the methods which are

available for the prevention and control of, and for protection against, such

risks, including correct methods of storage, transport and waste disposal as

well as emergency and first-aid measures.

XREF: #CONVENTIONS:C170:Chemicals Convention, 1990