Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 115 (radiation), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 139 (occupational cancer) together.

Application in practice of Conventions Nos 13, 115, 119, 127, 136 and 139.The Committee notes the general and sectoral information provided by the Government in its report on the number of violations identified during inspections and follow-up inspections, as well as the corrective action taken by them in respect of occupational safety and health conditions between 2018 and the first semester of 2021. The Committee requests the Government to continue providing information on the application in practice of the ratified occupational safety and health Conventions, including the number, nature and cause of occupational accidents and diseases notified, and information on the inspection activities and violations identified, as well as the penalties imposed.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. The Committee notes that the Government indicates in its report that there are no recorded cases of lead poisoning in the Ministry of Health statistics, and that no cases of lead poisoning have been recorded in Nicaragua since the end of the 1980s. While noting the Government’s statement that workers at risk of lead poisoning are treated and diagnosed by clinics attached to the National Social Security Institute, the Committee requests the Government to continue providing information on all cases of lead poisoning recorded.

2.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. The Committee notes the Government’s indication that the clauses governing purchase, sale, transfer and hiring of machines are established by the persons carrying out these operations in accordance with trade, commercial and civil law.

With respect to the protective guards over dangerous parts of machinery, the Committee notes that the provisions of The Ministerial Standard on Basic Occupational Safety and Health Provisions Applicable to Electrical Installations and Equipment of 1999, facilitated by the Government, on the design of and protection provided on machines for lifting and conveying, are referenced in sections 43 (switch requirement), 44 (polarization requirement) and 45 (grounding conductor requirement). While noting the Government’s indications regarding trade, commercial and civil law, the Committee requests the Government to indicate the specific relevant provisions in these laws that prohibit the sale, hire, transfer in any manner and exhibition of machinery of which the dangerous parts are without appropriate guards, in conformity with Article 2(1) and (2) of the Convention.

Article 15. Appropriate inspection services and penalties. With reference to its previous comments, the Committee notes the provisions on safety requirements for lifting and conveying machinery established in sections 19, 20, 21 (requirements for the use of lifting machines), 46, 47, 48 (verification of the good condition of the machinery) and 49 (safety of lifting equipment and its operation) of the Ministerial Standard of 1999, and in sections 3.1.7 (separation between machines) and 3.4.1 (requirements for the operation of hoisting apparatus) of the Technical Guide on Health and Safety Inspection. The Committee takes note of this information, which addresses its previous request.

3.Maximum weight Convention, 1967 (No. 127)

Article 7 of the Convention. Young persons and women. With regard to its earlier comments, the Committee notes the Government’s indication that compliance with Ministerial Agreement No. JCHG-08-06-10, of 2010, on the prohibition of hazardous work for young persons and the list of types of hazardous work, of which paragraph (e) prohibits physical loads for children under the age of 18 years, is ensured through the implementation, evaluation and monitoring of special care programmes for young workers. The Government reports that to protect the rights of young workers, compliance with the Ministerial Agreement is monitored by the Departmental Labour Inspectorate. Section 1 of the Ministerial Decision provides that inspectors shall be empowered to take cognizance of violations and impose penalties in conformity with the provisions of Section 6 of Act No. 474 of 2003 amending Chapter VI, part one, of the Labour Code.

The Committee further notes that the Government reports on the formulation, in April 2018, of a Decision of the National Occupational Safety and Health Council – pending publication – which establishes the maximum weights recommended for men and women (section 16) and prohibits workers under the age of 18 years from the manual transport of loads the weight of which involve physical effort and activity beyond the worker’s psychophysical strength (section 24). The Government indicates that the said Decision amends the Ministerial Decision on Occupational Safety and Health of 2002 with respect to the maximum load that can be transported manually by a worker. The Committee requests the Government to indicate whether the Decision of the National Occupational Safety and Health Council, amending the Ministerial Decision on Occupational Safety and Health as regards the maximum load that can be transported manually by a worker, has been published and is now in force. Regarding the assignment of young workers to the manual transport of loads, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

4.Benzene Convention, 1971 (No. 136)

Articles 2 and 4 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reports that while the use of benzene is not currently restricted or prohibited, the only use of benzene approved by the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) is for chemical analysis in laboratories. The Government adds that in order to import benzene, the enterprise or natural person must be registered and hold a valid importer’s licence with the CNRCST and must also complete an importation permit each time the product enters the country. The Committee further notes that the Government reports that it does not have a list of work in which the use of benzene is prohibited. While taking note of the information provided by the Government on the use of benzene for the sole purpose of chemical analysis carried out in laboratories and with reference to its comments on Article 2 of the Occupational Cancer Convention, 1974 (No. 139), the Committee requests the Government to provide information on the measures taken to ensure the adoption of laws and regulations that guarantee the prohibition of the use of benzene or products containing benzene in certain work, and that the prohibition includes 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.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). With reference to its earlier comments on the measures adopted to ensure that the concentration of benzene in the air of places of employment does not exceed the maximum ceiling, the Committee notes that the Government refers to section 114 of Act No. 618 of 2007, the General Occupational Safety and Health Act, which establishes the obligation to assess occupational health hazards for workers in places of employment. The Committee observes that under section 144 of Act No. 618 of 2007, such assessment shall be undertaken at least once yearly, and shall be updated in various cases, for example when there are changes in processes, or in the choice of chemicals and other substances, affecting the degree of exposure of the workers to such agents. The Committee also notes that section 130 of Act No. 618 of 2007 provides that where the maximum ceiling is exceeded, the employer shall rectify the installations or adopt the necessary technical measures to eliminate or reduce the chemical contaminants in the workplace. The Committee takes note of this information, which addresses its previous request.

Article 14(a) and (b). Measures necessary to give effect to the Convention. Authorities responsible for ensuring compliance. The Committee notes the information provided by the Government on the measures adopted by the CNRCST. It notes that Act No. 941 of 2016, establishing the National Commission for the Registration and Monitoring of Toxic Substances, which abrogates Decree No. 04-2014 of 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances, mandates the CNRCST to undertake the regulation of chemical substances for industrial use such as benzene, and to formulate policies, action and activities related to the appropriate handling of chemical substances, for the purpose of monitoring and preventing diseases caused by exposure to hazardous and toxic substances (Article 4).

The Committee also notes that the CNRCST has an inspection unit which is responsible for undertaking inspections of laboratories that use benzene in various chemical analyses. The Committee requests the Government to indicate the regulations adopted in respect of benzene and products containing benzene, as well as the policies, action and activities concerning benzene since the creation of the National Commission for the Registration and Monitoring of Toxic Substances, under Act No. 941 of 2016.

5.Occupational Cancer Convention, 1974 (No. 139)

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. With reference to its previous comments, the Committee notes that the Government indicates that the prohibition or restriction of agricultural, domestic and professional pesticides is effected through a thorough assessment of their environmental, sanitary and agricultural effects and of those of substitute substances, carried out by the CNRCST. The Government adds that the decision to prohibit or restrict is made public by announcement in the Official Gazette.

With regard to measures for the protection of workers, the Committee notes that the CNRCST undertakes surveillance and control of enterprises that use potentially carcinogenic substances and chemicals in general. The Committee notes, in response to its previous comments regarding the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances, that the Government reports that the Registry is still operating, under the aegis of the CNRCST, which has been monitoring authorized industrial chemical substances since 2014. While taking note of the procedure for the prohibition and restriction of pesticides, the Committee requests the Government to indicate the decisions determining the carcinogenic substances or agents for which exposure at work is prohibited or subject to authorization or control. The Committee also requests the Government to continue providing information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, as well as on the development and operation of the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances with regard to workers exposed to carcinogenic substances.

Article 2(2). Duration and degree of exposure. With reference to its previous comments, the Committee notes that the Government provides no information on the provisions concerning the exposure limit values established by the Ministry of Labour in conformity with section 129 of Act No. 618 of 2017, the General Occupational Safety and Health Act. The Committee urges the Government to provide detailed information on the provisions concerning the exposure limit values established by the Ministry of Labour under the abovementioned section 129.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. With reference to its previous comments, the Committee notes the obligations concerning workers’ training set out in the following sections of Act No. 618 of 2007: 19 (information provided through training programmes), 20 (frequency of the programmes), 21 (content of the programmes), 22 (qualifications of persons responsible for the training activities), and 176 (information on the hazards of application and use of pesticides and chemical substances). The Committee takes note of this information, which addresses its previous request.

B.Protection in specific branches of activity

Underground Work (Women) convention, 1935 (No. 45)

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 136: direct requestPrevious comment on Convention No. 139

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 139 (occupational cancer) together.

Protection against specific risks

1.Benzene Convention, 1971 (No. 136)

Article 8 of the Convention. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. With reference to its previous comments, the Committee notes the Government’s indication that workers have adequate means of personal protection at their disposal, which reduces the risk of occupational exposure. In this connection, the Committee notes that sections 137 and 138 of Act No. 618 of 2007, provide that work clothing and personal protective equipment shall be adequate and ensure effective protection.

With reference to its earlier comments on the obligation of the employer to limit the duration of workers’ exposure to concentrations of benzene which exceed the maximum limit, the Committee notes with regret that the Government has failed to respond to the request that the Committee has been formulating for several years. The Committee therefore urges the Government to take the necessary measures in the near future to guarantee that the duration of workers’ exposure to concentrations of benzene in the air of places of employment that exceed 25 parts per million (80 mg/m3) is limited, in accordance with Article 8(2) of the Convention.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. With regard to its previous comments, the Committee notes the Government’s indication that, given the existence of specific legal standards to protect working conditions of pregnant women and nursing mothers, this category of workers is not prohibited from working. The Government adds that pregnant women and nursing mothers are monitored and supervised by the General Directorate of Occupational Safety and Health, the General Labour Inspectorate, the Ministry of Health, the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) and the Nicaraguan Social Security Institute. The Committee urges the Government, once again, to take the necessary measures to ensure that women medically certified as pregnant, and nursing mothers are not employed in work processes involving exposure to benzene or products containing benzene and to provide information on the specific measures adopted in this respect.

2.Occupational Cancer Convention, 1974 (No. 139)

Article 2(1). Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents. With reference to its previous comments, the Committee observes that the Government provides general information on the process of authorization, restriction, prohibition and registration of chemical substances, which includes thorough toxicological assessments of their environmental, sanitary, agricultural, and domestic effects and those of substitute substances, carried out by the CNRCST, but makes no reference to the replacement of carcinogenic substances or agents by non-carcinogenic or less harmful substances or agents. While noting that the Government indicates that the CNRCST is mandated to regulate chemical substances, pesticides and other toxic substances, the Committee urges the Government to adopt the necessary measures to identify the carcinogenic substances and agents that must be replaced and to take the steps required for their replacement within the framework of the CNRCST or any other institution competent in the matter.

Article 5. Medical examinations during or after employment. The Committee notes that sections 23 to 27 of Act No. 618 of 2007, the General Act on Occupational Safety and Health, provide for medical examinations before and during employment but do not include the post-employment examinations required by the Convention. The Committee requests the Government to adopt measures to ensure that such medical examinations, or investigations of a biological or other nature, as may be required to assess workers’ exposure or state of health in respect of occupational hazards are provided following a period of employment.

The Committee is raising other matters in a request addressed directly to the Government.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. Referring to its previous comments, the Committee notes the Government’s indication in its report that since the end of the 1980s no cases of lead poisoning have been recorded in Nicaragua and so it is impossible to compile statistics on morbidity and mortality in the painting sector, and there are no indicators in this area. The Committee considers that the absence of indicators does not necessarily mean that there are no cases of lead poisoning. The Committee again requests the Government to give effect to the obligation laid down in this Article of the Convention to collect statistics on lead poisoning among working painters with regard to: (a) morbidity, by notification and certification of all cases of lead poisoning; and (b) mortality, by a method approved by the official statistical authority in each country, and to supply information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes that the statistical table provided by the Government states the number of inspections carried out by region but does not indicate the content of the inspection. The Committee points out that the previously requested information refers specifically to matters covered by the present Convention. The Committee again requests the Government to provide summaries of inspection reports relating to the Convention as well as any documentation relating to the application of the Convention in practice.

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

Legislation. The Committee notes the Government’s indication that it has adopted Decree No. 04-2014, published on 11 February 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances. The Committee refers in more detail to this new Commission in its comments on the Occupational Cancer Convention, 1974 (No. 139). The Committee requests the Government to provide information on the measures taken by the new Commission to give effect to the present Convention.

Article 2 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. In relation to its previous comments, the Committee notes that the Government again refers to section 18 of Act No. 618 with regard to employers’ obligations. The Committee reminds the Government that Article 2 of the Convention is more specific and refers not to employers’ obligations but to the Government’s obligation to take measures to ensure that harmless or less harmful substitute products are used instead of benzene. The Committee requests the Government to take the necessary measures to ensure that harmless or less harmful substitute products are used instead of benzene and to provide information on this matter.

Furthermore, the Committee notes with regret that the Government does not reply, in its brief report, to the points raised by the Committee in its previous comment. The Government refers to the setting up of the new National Commission for the Registration and Monitoring of Toxic Substances, resulting in changes to the legislation. The Committee emphasizes that the appointment of a commission to reform the legislation does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. The Committee is therefore bound to reiterate a substantial part of its previous comment, which read as follows:

Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. The Committee notes that the Government’s report refers once again to Basic Act No. 274 respecting the handling and control of pesticides and toxic, hazardous and other similar substances. Noting that this legislation contributes to the application of this Article of the Convention, the Committee nevertheless observes that the processes in which the use of benzene and of products containing benzene are prohibited need to be determined clearly and it once again requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on this subject.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). The Committee notes that section 129 of Act No. 618 empowers the General Directorate of Occupational Safety and Health to use as a reference for inspections the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to indicate the measures adopted to ensure that the concentration of benzene in the air in places of employment does not exceed this ceiling.

Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the reference made by the Government in its report to laws and regulations of a general nature which contain provisions requiring the employer to provide free of charge and the worker to use personal protection equipment in workplaces where risks are inevitable and cannot be limited. The Committee once again requests the Government to indicate the laws or regulations which establish the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that the Government reiterates its reference to section 140 of the Labour Code, which provides that “the continued employment of a women who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. The Committee reiterates its previous comments in which, taking into account that this provision is too general in nature and that, to give full effect to this Article, it needs to be specified by another provision, it requests the Government to adopt measures to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene, and to provide information on this subject.

Application of the Convention in practice. The Committee notes the information provided by the Government on labour inspection, but that it does not specify whether such inspections are related to the Convention. The Committee requests the Government to indicate the inspections related to the Convention, the contraventions reported and the measures taken as a result.

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

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

Article 7 of the Convention. In its previous comments, the Committee recalled that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body decided to invite the States parties to Convention No. 45 to ratify the Safety and Health in Mines Convention, 1995 (No. 176), and possibly to denounce Convention No. 45, although this latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the former approach based on the outright prohibition of underground work for all women workers, modern standards focus on risk assessment and risk management and provide for preventive measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. The Committee notes that the Government reports that it will proceed to denounce this Convention during the next period in which its denunciation is permitted, which will be from 30 May 2017 to 30 May 2018. The Government adds that its efforts will be focused on risk prevention and in this regard refers to Act No. 618, the General Safety and Health Act of 2007, and to the General Occupational Safety and Health in Mines Regulations of 2000. The Committee invites the Government to provide information on any developments in this respect.

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

Article 7 of the Convention. Young persons and women. With reference to its previous comments, the Committee notes the Government’s indications that Ministerial Decision No. JCHG-08-06-10 of 2010 superseded Ministerial Decision No. VGC-AM-0020-10-06 of 2010 to which it referred in its last report. It notes that, according to the Government, paragraph (e) of the 2010 Decision, prohibiting hazardous work for all persons under the age of 18, prohibits those under the age of 18 from performing work involving physical loads. While the wording of paragraph (e) is different from that of the Convention, the Committee considers that it appears to be in conformity with the Convention. The Committee requests the Government to provide an evaluation of the application of paragraph (e) of the Ministerial Decision in practice.

Application of the Convention in practice. In its previous comments, the Committee noted that, in accordance with the first transitory provision of the Ministerial Decision on health and safety relating to the maximum weight of a load which may be transported manually by a worker, enterprises and work centres have a period of not more than one year to modify operations and processes and adopt measures for the manual transport of loads, and it asked the Government to provide information on the effect given in practice to this Decision and hence to the provisions of the Convention. It reminded the Government that this information should include summaries of the reports of the General Directorate of Occupational Safety and Health, which is responsible, pursuant to section 17 of the Decision, for supervising and verifying compliance with the provisions of the Decision, and statistics on the number and nature of contraventions reported and the action taken on them. The Committee once again notes that the Government has not provided this information. It once again requests it to do so, particularly on the manner in which the implementation of the first transitory provision is being ensured, and also to provide detailed statistics from the work carried out by the labour inspectorate to ensure the application of this Convention.

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

Legislation. The Committee notes the Government’s indication that it has adopted Decree No. 04-2014, published on 11 February 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances. The mandate of this body is to coordinate policies, actions and activities concerning the import, export, production, marketing, distribution, use and consumption of everything related to toxic substances. The Government indicates that this Commission is reviewing the Basic Act No. 274 concerning the regulation and control of pesticides and toxic, hazardous and other similar substances and its implementing regulations, issued by Decree No. 49-98, with a view to updating them. The Committee requests the Government to supply information on the measures taken by the new Commission to give effect to the present Convention.

Article 2(1) of the Convention. Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. With reference to its previous comments, the Committee notes that the Government again refers to section 18(4) of Act No. 618 with regard to employers’ obligations. The Committee reminds the Government that Article 2(1) of the Convention is more specific and refers not to employers’ obligations but to the Government’s obligation, firstly, to determine which carcinogenic substances or agents are to be replaced and, secondly, to take measures for such replacement. The Committee requests the Government to take the necessary measures to determine which carcinogenic substances or agents are to be replaced and to ensure such replacement, and to provide information in this regard.

Furthermore, the Committee notes with regret that the Government does not reply in its brief report to the points raised by the Committee in its previous observation. The Committee emphasizes that the appointment of a new National Commission for the Registration and Monitoring of Toxic Substances to reform the legislation does not release the Government from its obligation to give effect to the Convention, pending the adoption of the new legislation, or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. The Committee is therefore bound to reiterate a substantial part of its previous comment.

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. The Committee draws the Government’s attention to the fact that the fundamental aspect of Article 1 of the Convention is the determination of a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and the existence of a mechanism for periodic review. The Committee also notes that the Government does not provide information on the operation of the Single National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances envisaged in section 6 of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances of 1998. The Committee once again requests the Government to provide a copy of the legislation determining the substances to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the present Convention shall apply, the mechanism for review, the protection measures for workers and the records referred to in Articles 1 and 3 of the Convention. The Committee requests the Government to indicate whether the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances is already in operation, which will be a body of the authority responsible for the application of Act No. 274 and its Regulations.

Article 2(2). Duration and degree of exposure. In its previous comments, the Committee noted that, under the terms of section 129 of Act No. 618, the Ministry of Labour shall establish, in respect of chemicals identified in various workplaces, exposure limit values for workers, which shall be established in accordance with international criteria and the national investigations that are undertaken in this area, and it authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as a reference point in inspections. The Committee requested the Government to provide detailed information on the application of the legislation in practice including, for example, the provision of information on the limit values laid down by the Ministry of Labour pursuant to section 129, and including information on the application of the Convention to rural workers. Noting that the Government has not provided the requested information, the Committee asks it once again to provide detailed information on this subject.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. Noting that the Government has not provided information on the effect given to this Article of the Convention, the Committee again requests that it do so in relation both to law and practice.

Article 5. Medical examinations during employment and thereafter. The Committee notes that sections 23–27 of Act No. 618 provide for examinations to be carried out prior to employment and during employment, but do not envisage examinations after employment, as required by the Convention. The Committee requests the Government to adopt measures to give effect to this Article and to provide information on the law and practice.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide detailed information on the application of the Convention in the country, including the effect given to the requirement to keep records, training, medical examinations, as well as information on the application of the Convention to rural workers, and particularly on the application of the Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances in relation to the aspects that are relevant to the present Convention.

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

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

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. With reference to its previous comments, the Committee notes the Government’s indications that those who purchase, sell, transfer and hire machinery establish the terms of such transactions in accordance with trade, commercial and civil law, but notes that the Government does not provide specific information on the sections of this legislation that give effect to the Convention. The Committee emphasizes that, although these transactions are carried out between individuals, it is up to the Government to take legislative or other equally effective measures necessary to ensure compliance with the Convention. The Committee therefore once again requests the Government to provide detailed information on the sections of the legislation that give effect to each paragraph of Articles 2 and 4 of the Convention, including information regarding the obligations of the vendor, the person letting out on hire or transferring the machinery, or the exhibitor, and on the prohibition contained in Article 2(1) of the Convention. The Committee also once again asks the Government to provide information on the application of these provisions in practice.

Competent authority and requirements. In its previous report, the Government referred to the ministerial regulations on the minimum safety and health requirements relating to work equipment published on 9 April 1996, section 3(a)(2) of which provides that work equipment made available to workers shall meet the safety requirements established by the competent administrative authority for the trade of work equipment. The Committee noted that this provision refers to “the safety requirements established by the competent administrative authority”. It requested the Government to provide a copy of the regulations on the safety requirements to which the Government refers in its report and information on the authorities responsible for monitoring the application of those regulations. Noting that the Government did not provide the information requested, the Committee once again requests it to provide information on the safety requirements established by the competent administrative authority to which the abovementioned ministerial regulations refer and to provide information on the authorities responsible for monitoring the application of those regulations.

Article 15(1). Enforcement measures and penalties. The Committee reiterates its request to the Government to provide information on the application of Article 15(1) of the Convention and in particular in relation to Articles 2 and 4.

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

Article 2. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. In its previous comments, the Committee requested a detailed report of the application of the Convention. The Committee notes the Government’s brief report which, although providing certain information, does not enable it to gain an overall vision of the application of the Convention in law and in practice. The Committee notes the Government’s indication that section 18(5) of the General Occupational Safety and Health Act provides that the employer shall be under the obligation to replace whatever is dangerous by what involves little or no danger. Noting that this legislation contributes to the application of this provision of the Convention, the Committee nevertheless observes that this Article requires the adoption of effective replacement measures. The Committee once again requests the Government to take the necessary measures to give effect to this Article and to provide information on the subject.

Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. The Committee notes that the Government’s report refers once again to Basic Act No. 274 respecting the handling and control of pesticides and toxic, hazardous and other similar substances. Noting that this legislation contributes to the application of this Article of the Convention, the Committee nevertheless observes that the processes in which the use of benzene and of products containing benzene are prohibited need to be determined clearly and it once again requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on this subject.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (u 80 mg/m3). The Committee notes that section 129 of Act No. 618 empowers the General Directorate of Occupational Safety and Health to use as a reference for inspections the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to indicate the measures adopted to ensure that the concentration of benzene in the air in places of employment does not exceed this ceiling.

Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the reference made by the Government in its report to laws and regulations of a general nature which contain provisions requiring the employer to provide free of charge and the worker to use personal protection equipment in workplaces where risks are inevitable and cannot be limited. The Committee once again requests the Government to indicate the laws or regulations which establish the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

Article 11. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes that the Government reiterates its reference to section 140 of the Labour Code, which provides that “the continued employment of a women who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. The Committee reiterates its previous comments in which, taking into account that this provision is too general in nature and that, to give full effect to this Article, it needs to be specified by another provision, it requests the Government to adopt measures to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene, and to provide information on this subject.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on labour inspection, but that it does not specify whether such inspections are related to the Convention. The Committee requests the Government to indicate the inspections related to the Convention, the contraventions reported and the measures taken as a result.

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

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. In its previous comments, the Committee noted the existence of new legislation, and particularly Act No. 618 of 2007 (the General Occupational Safety and Health Act) and it requested a detailed report, including information on the application of the Convention in practice and replies to its previous comments. The Committee notes the Government’s brief report, which does not enable it to gain a complete overview of the application of the Convention. The Committee notes that, through the Ministry for Natural Resources (MARENA), in coordination with other institutions, Nicaragua is implementing the second phase of the Stockholm Convention, as a result of which 12 persistent organic pollutants (POPs) are prohibited, and that the national legislation is being revised to provide a framework to be used by all national institutions for the provision of supervision and follow-up wherever toxic, hazardous and similar substances are commercialized. With regard to pesticides, the Government indicates that it is intended to carry out an investigation of the population near to the airport in Chinandega which acts as a base for spraying operations. The Committee notes that the information provided by the Government does not indicate the substances that are prohibited or the protection measures for workers in the event of exposure. The Committee draws the Government’s attention to the fact that the fundamental aspect of Article 1 of the Convention is the determination of a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and the existence of a mechanism for periodic review. The Committee also notes that the Government does not provide information on the operation of the Single National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances envisaged in section 6 of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances of 1998. The Committee once again requests the Government to provide a copy of the legislation determining the substances to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the present Convention shall apply, the mechanism for review, the protection measures for workers and the records referred to in Articles 1 and 3 of the Convention. The Committee requests the Government to indicate whether the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances is already in operation, which will be a body of the authority responsible for the application of Act No. 274 and its Regulations.

Article 2(1). Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee notes the Government’s indications that sections 19, 20 and 21 of Act No. 618 provide that the employer shall ensure the development of risk maps and prevention programmes together with the Joint Occupational Safety and Health Committee. The Committee notes that these sections refer to training, and not replacement, and it draws the Government’s attention to the fact that such broad provisions do not ensure that effect is given to this provision of the Convention. It further notes that section 18(5) provides that employers shall have the obligation to replace what is dangerous by what involves little or no danger. Noting that this section contributes to the application of this provision of the Convention, the Committee observes that the latter is more specific and requires prior determination by the authority of the carcinogenic substances and agents which have to be replaced. The Committee requests the Government to take the necessary measures to give effect to this Article and to provide information on this subject.

Article 2(2). Duration and degree of exposure. In its previous comments, the Committee noted that, under the terms of section 129 of Act No. 618, the Ministry of Labour shall establish, in respect of chemicals identified in various workplaces, exposure limit values for workers, which shall be established in accordance with international criteria and the national investigations that are undertaken in this area, and it authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as a reference point in inspections. The Committee requested the Government to provide detailed information on the application of the legislation in practice including, for example, the provision of information on the limit values laid down by the Ministry of Labour pursuant to section 129, and including information on the application of the Convention to rural workers. Noting that the Government has not provided the requested information, the Committee asks it once again to provide detailed information on this subject.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. Noting that the Government has not provided information on the effect given to this Article of the Convention, the Committee again requests that it do so in relation both to law and practice.

Article 5. Medical examinations during employment and thereafter. The Committee notes that sections 23 to 27 of Act No. 618 provide for examinations to be carried out prior to employment and during employment, but do not envisage examinations after employment, as required by the Convention. The Committee requests the Government to adopt measures to give effect to this Article and to provide information on the law and practice.

Part IV of the report form. The Committee requests the Government to provide detailed information on the application of the Convention in the country, including the effect given to the requirement to keep records, training, medical examinations, as well as information on the application of the Convention to rural workers, and particularly on the application of the Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances in relation to the aspects that are relevant to the present Convention.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 7 of the Convention and Part V of the report form. Application in practice. Further to its previous comments, the Committee notes that it has now been confirmed by means of inspections that white lead pigments are no longer used in the process for producing paint and colourants in the paint and in other colourant manufacturing industry. Furthermore, no battery manufacturers use lead elements in their cells. It also notes that there are no national statistics on cases of lead poisoning at the national level. Recalling that, in accordance with this Article, governments which have ratified the present Convention have assumed the obligation to collect statistics on lead poisoning among working painters with regard to: (a) morbidity, by notification and certification of all cases of lead poisoning; and (b) mortality, by a method approved by the official statistical authority in each country, the Committee requests the Government to take the necessary steps to collect such statistics and to provide them. Furthermore, the Committee requests the Government to provide summaries of the inspection reports relating to the Convention as well as any documentation relating to the application of the Convention in practice.

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

Article 7 of the Convention. Young persons and women. In its previous comments the Committee requested the Government to indicate the meaning of the terms “manual transport of loads whose weight involves physical effort” and “work classified as exceeding their psycho-physical motor strength”. The Committee notes the Government’s information regarding the List of Hazardous Jobs published in La Gaceta (Official Journal) No. 221 of 14 November 2006, and the Ministerial Resolution on Health and Safety at Work on the maximum weight of load which may be transported manually by a worker. According to the Government, the phrases whose meaning the Committee queried, refer, in particular, to article 3(f) of the Resolution “Heavy continuous lifting, handling, transporting sacks, barrels, boxes, crates of drinks, quarried rocks, in a repetitive manner”. In the Committee’s view, doubts still remain as to the scope of the restrictions on the employment of young people. The Committee requests the Government to indicate the maximum load that may be lifted or transported occasionally by women between 15 and 18 years of age, and for men.

Part V of the report form. Application in practice. In its previous comments the Committee noted that, according to the transitory provision of the 1998 Ministerial Resolution on health and safety relating to the maximum weight of a load which may be transported manually by a worker, enterprises and work centres will have a period of not more than one year to modify operations and processes and adopt measures for the manual transport of loads, and asked the Government to provide information on the practical implementation of this Resolution and hence, the provisions of the Convention. It reminded the Government that this information should include summaries of the reports of the General Directorate of Occupational Safety and Health, which is responsible, pursuant to section 17 of the Resolution, for supervising and verifying compliance with the Resolution’s provisions; and statistics on the number and nature of contraventions reported and the action taken on them. The Committee notes that the Government has not provided this information. It requests it to do so and also to provide detailed statistics resulting from the work carried out by the labour inspectorate.

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

The Committee refers to its comments on the application of the Occupational Cancer Convention, 1974 (No. 139), with regard to the General Occupational Safety and Health Act of 2007. As already indicated in comments under other occupational safety and health Conventions, this Act establishes a favourable framework for facilitating the application of the Conventions in this area. However, each of these Conventions have their own specific features. The Committee notes that the Government has not replied to the Committee’s last comments formulated in 2006. The Committee therefore requests the Government to provide a detailed report on the provisions of the national legislation which give legislative expression to the Convention and on its application in practice, and requests the Government to include in the detailed report a reply to the questions asked by the Committee in 2006.

[The Government is asked to report in detail in 2011.]

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

Legislation. The Committee notes with interest that Act No. 618 (General Occupational Safety and Health Act), published in Official Journal No. 133 of 13 July 2007, and Ministerial Accord VCG-AM-0020-10-06, which lists hazardous types of work, contains substantive provisions to give a qualitative boost to occupational safety and health policy in Nicaragua and to the application of the present Convention. It notes in particular that section 18 of the Act places the obligation on the employer to adopt preventive measures to ensure the safety and health of workers, including: (1) avoiding risks; (2) assessing risks which cannot be avoided; (3) preventing risks at source; (4) adapting the work to the person concerned; (5) replacing hazardous tasks with those involving little or no danger; (6) adopting measures which ensure collective and individual protection; and (7) duly informing workers. Section 18 also provides for the carrying out of an initial diagnosis with a view to compiling a chart of the specific labour risks of the enterprise and its corresponding plan for prevention and for the promotion of healthy work and provides that the competent authority shall be informed with regard to the activities of the enterprise, including those relating to inflammable, toxic or hazardous materials and products. The Committee also notes that, under section 129 of the abovementioned Act, the Ministry of Labour shall establish, in respect of chemical substances present in various workplaces, limit values for workers to exposure, in line with international criteria and national investigations in this area, and authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as the benchmark for its inspections.

However, the Committee notes that the Government has not sent any reply to the questions raised in its previous direct request. Bearing in mind that this new legislation introduces substantial changes in this area, the Committee requests the Government to supply a detailed report on the manner in which its legislation gives effect to each of the provisions of the Convention, including the information asked for in its previous direct request, particularly with regard to the Basic Act on the regulation and control of pesticides and toxic, hazardous and similar substances. The Committee also requests the Government to supply detailed information on the application of the legislation in practice, including, for example, information on the limit values laid down by the Ministry of Labour pursuant to section 129, and also including information on the application of the Convention to workers in agriculture.

[The Government is asked to report in detail in 2011.]

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

Article 13. Protection against accidents and in emergencies. The Committee notes that the Government’s report does not contain the information requested in its 2004 direct request. In that direct request, the Committee noted the Government’s indication that under section 166, relating to the preparation of emergency plans, of the 1998 Regulations respecting technical protection against ionizing radiations, the recommendations used are those contained in the October 2003 document “Method for developing arrangements for response to a nuclear or radiological emergency: Emergency preparedness and response”. It noted that the definition of “emergency” contained in this document justifies the exceptional exposure of workers in the event of occurrences which require, inter alia, interventions to reduce the adverse effects on property. The Committee observed that this definition appears incompatible with section 189 of the 1998 Regulations respecting technical protection against ionizing radiations, which provides that workers participating in an intervention may undergo exposure resulting in the maximum permissible dose for occupational exposure in a single year being exceeded solely for the purpose of saving lives or preventing serious injury, avoiding a high collective dose or preventing the development of catastrophic situations. In this respect, the Committee drew the Government’s attention to the information contained in paragraphs V.27 to V.32 of the 1994 Basic Standards of Radiation Protection and paragraph 35(c)(iii) of its 1992 general observation under the Convention, namely that exceptional exposure of workers is not justified for the purpose of rescuing “items of high material value”. Consequently, the Committee invited the Government to take the necessary measures to correct the apparent contradictions between the legislation and the recommendations of the October 2003 document entitled “Method for developing arrangements for response to a nuclear or radiological emergency: Emergency preparedness and response”, with a view to limiting the exposure of workers to what is strictly necessary for the purpose of limiting acute danger to life and health. The Committee once again requests the Government to indicate the manner in which it is ensured that the workers participating in an intervention cannot be exposed to such an extent that the maximum permissible dose for occupational exposure in a single year is exceeded for the purpose of rescuing items of high material value, but only in order to save lives or prevent serious injury, avoid a high collective dose or prevent the development of catastrophic situations.

Part V of the report form. Application in practice. In its previous comments, the Committee noted the Government’s indication that, under section 206 of the 1998 Regulations respecting technical protection against ionizing radiations, all inspections and audits are documented and, emphasizing that inspectors’ reports constitute an important component in assessing the application of the Convention, it requested the Government to provide extracts from the reports drawn by the Directorate-General for Occupational Safety and Health, which is the competent authority to monitor the application of the provisions of the Convention. Noting that the Government has not provided the requested information, the Committee once again requests it to provide this information and to indicate the number of workers engaged in activities involving exposure to ionizing radiations and who are accordingly covered by the Convention.

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

Legislation. The Committee notes with interest Act No. 618, the General Occupational Safety and Health Act, published in La Gaceta, Diario Oficial, No. 133, of 13 July 2007, and Decree No. 96-2007 issued under the Act. It welcomes the fact that section 5 of the Act provides that “the standards, decisions, and instructions prepared and published by the Ministry of Labour shall comply with the principles of preventive policies set out in the present Act, and in the international Conventions of the International Labour Organization (ILO) and the Labour Code”. Observing that these instruments appear to facilitate the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee draws the Government’s attention to paragraphs 295 and 296 of its General Survey on Convention No. 155. The Committee invites the Government to provide information on any developments in this respect.

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. With reference to its previous comments, the Committee notes that the Government refers to the Ministerial Standard on minimum health and safety provisions for equipment used at work, published on 9 April 1996, section 3(a)(2) of which provides that the equipment used for work that is placed at the disposal of workers shall comply with the safety requirements established by the competent administrative authority for work equipment to be freely commercially available. The Committee notes that this provision refers to “the safety requirements established by the competent administrative authority”, but that the Government’s report does not indicate these requirements. As a result, the Committee is not able to ascertain whether the safety requirements established by the competent authority give effect to Articles 2 and 4 of the Convention. The Committee therefore requests the Government to provide copies of any provisions that specify the “safety requirements” mentioned by the Government in its report and information on the competent authorities which monitor their application. The committee also requests the Government to provide detailed information on the measures taken to give effect to each paragraph under Article 2 of the Convention and Article 4, including information regarding the obligations of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor; and the prohibition contained in Article 2(1) of the Convention. The Committee also asks the Government to provide information on the application of Articles 2 and 4 of the Convention in practice.

Articles 6, 7 and 11. Use of machinery any dangerous part of which is without appropriate guards. Prohibition of the use of machinery without guards. The Committee notes the information provided by the Government indicating that Annex 1 to the Ministerial Standard referred to above, in paragraphs 6–11 respecting “Protection measures and safety guards on equipment used for work” and Annex 2 of the Ministerial Standard set out in law these Articles of the Convention.

Article 15, paragraph 1. Measures of application and penalties. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the effective application of the provisions of the Convention. The Committee notes that the Government refers to sections 322 and 326 of the General Occupational Safety and Health Act and observes that these provisions refer to the obligations of the employer, as subsection 1 refers to the obligations and penalties deriving from the provisions of the Convention. The Committee wishes to point out that certain provisions of the Convention, such as Articles 2 and 4, establish obligations for other persons, such as the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor and their respective agents. The Committee therefore reiterates its request to the Government to provide information on the application of Article 15, paragraph 1, of the Convention, particularly in conjunction with Articles 2 and 4 of the Convention.

Article 15, paragraph 2. The Committee requests the Government to provide information on the activities of the labour inspection services in relation to Articles 6 and 7 of the Convention.

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

The Committee notes the information contained in the Government’s report. Its notes in particular the information on the application of Articles 9, 10 and 11, paragraph 2, of the Convention.

1. Article 14, paragraph (a), of the Convention. Obligation to take, by laws or regulations or any other method consistent with national practice and conditions, such steps as may be necessary to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes that no information is included in the Government’s report on the adoption of regulations on benzene in accordance with Article 14. In its report, the Government confines itself to acknowledging that the adoption of regulations on benzene would make it possible to give full effect to the provisions of the Convention and it expresses the hope that this obligation will be fulfilled in future. The Committee recalls that there have been no specific legislative provisions since the ratification of the Convention to give effect to its requirements and it requests the Government to provide information in its next report on the progress achieved in this respect.

2. Article 2. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Noting once again the Government’s acknowledgement in its report of the need to adopt regulations on benzene to give effect to this provision, the Committee requests the Government to indicate the measures that have been adopted to ensure that, whenever they are available, harmless or less harmful substitute products are used instead of benzene or products containing benzene.

3. Article 4. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. As the Government’s report does not contain any information in response to its previous comments, the Committee requests the Government to indicate the national laws or regulations which specify the work processes in which the use of benzene and of products containing benzene is prohibited.

4. Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (u 80 mg/m3). The Committee notes that the General Directorate of Occupational Safety and Health has an environmental measurement laboratory which detects the presence of benzene and its derivatives from samples taken at the workplace. The Committee requests the Government to indicate the text determining the maximum concentration level and the necessary measures to ensure that the concentration of benzene in the air of places of employment does not exceed this ceiling value.

5. Article 8. Provision of adequate means of personal protection and limitation of the duration of exposure to concentrations of benzene which exceed the maximum limit. The Committee notes the Government’s reference in its report to the laws and regulations of a general nature containing provisions on the obligation of employers to provide free of charge and of workers to use personal protective equipment in workplaces where risks are inevitable or cannot be limited. The Committee requests the Government to indicate the laws or regulations which established the obligation of the employer to limit the exposure of workers to concentrations of benzene which exceed the maximum level and to provide adequate means of personal protection.

6. Article 11, paragraph 1. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene. The Committee notes the Government’s reference in its report to section 140 of the Labour Code, which provides that “the continued employment of a woman who is pregnant in work or tasks that are prejudicial to her condition shall be prohibited”. Noting that this provision is of too general a nature and that, to give full effect to this Article, it needs to be specified by another provision, the Committee requests the Government to indicate the measures adopted to prohibit the employment of pregnant women and nursing mothers in work processes involving exposure to benzene.

7. Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, as well as summaries of inspection reports, statistical information, including data on the number of workers covered, disaggregated by gender if possible, and the number and nature of contraventions reported.

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

1. The Committee notes the information contained in the Government’s report and particularly the information on the application of Article 6, paragraph (c), (obligation to provide appropriate inspection services for the purpose of supervising the application of the Convention).

2. Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and the maintenance of records. The Committee notes the Government’s indication that, in the framework of the activities of the annual meeting of Health Ministers of the Central American Region and the Dominican Republic (RESSCAD), Ministers of Health, Agriculture, the Environment and Natural Resources were called upon to comply with the legislation in force and jointly formulate and apply measures to restrict the use of the pesticides contained on the list already determined by the countries, recognized as being responsible for the majority of cases of poisoning and deaths, and to take the relevant measures to prohibit the 107 listed pesticides. The list of prohibited or restricted substances and agents in the country, set out in Ministerial Order No. 23-2001, is contained in the report. The Committee notes that, under the terms of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances, toxicological instructions have been issued by the Ministry of Health and eco-toxicological instructions by the Ministry of the Environment and Natural Resources with a view to registering and authorizing uses of pesticides, industrial and other hazardous chemical substances and to determine whether or not the import and use of particular substances is authorized. The Committee notes that Nicaragua has signed the Stockholm Convention on Persistent Organic Pollutants (POPs) and has commenced the implementation of the project “Initial assistance to enable Nicaragua to comply with its obligations deriving from the Stockholm Convention on POPs”. The Committee notes that the National Plan of Application on Persistent Organic Pollutants (POPs) has been prepared to cover as extensively as possible aspects relating to the security and handling of chemical substances, including the re-establishment of the Information Centre on Persistent Organic Pollutants, the training of a group related to the national policy for the integrated management of hazardous substances and wastes and the formulation of this policy, as well as the formulation of a preliminary inventory of sources and volumes of POPs and the evaluation of these inventories. The Committee hopes that the implementation of this Plan will provide a basis for the adoption of the necessary measures to give effect to Articles 1 and 3 of the Convention in relation to the periodic determination of carcinogenic substances and agents and the prescription of the measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee requests the Government to provide detailed information on the progress achieved in the implementation of this Plan through the establishment of the register of these substances and agents, taking into consideration the latest information contained in the codes of practice or guides which may be established by the International Labour Office and information from other competent bodies.

3. Article 2. Obligation to have carcinogenic substances and agents replaced by non-carcinogenic substances or agents or by less harmful substances or agents. The Committee notes that, according to the Government’s report, regulations have not been adopted establishing the obligation to take all possible measures to replace carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents, nor the obligation to plan for the reduction of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee hopes that the necessary measures will be adopted to give effect to the Convention, and it requests the Government to provide information, for instance, on the adoption of specific laws or regulations establishing the obligation to replace carcinogenic substances or agents by those considered to be less harmful, determining the number of hours for which workers may be exposed to such substances or agents, determining specific degrees of exposure to such substances and agents, etc.

4. Article 4. Obligation to inform workers of the dangers involved with carcinogenic substances. The Committee notes the Government’s reference to constitutional and legislative provisions of a general nature. The Committee recalls that this Article of the Convention provides that each Member, which ratifies the Convention, shall take steps so that workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken. While noting the provisions referred to in the Government’s report, the Committee considers that, although the provisions of the Constitution and the Labour Code may be useful, they are not sufficient to give effect to this Article. The Committee requests the Government to provide information on the provisions adopted to give effect to this Article of the Convention.

5. Article 5. Medical examinations. The Committee notes the Government’s reference in its report to certain provisions of Basic Act No. 274 to regulate and control pesticides and toxic, hazardous and other similar substances. These provisions establish obligations relating to the monitoring of the risks and insurance against occupational risks financed by the employer, thereby giving partial effect to this Article. The Committee recalls that this Article provides that each Member which ratifies the Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards resulting, in particular, from their exposure to carcinogenic substances or agents. The Committee requests the Government to provide information on the provisions adopted to give effect in practice to this Article of the Convention.

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

Articles 6 and 7 of the Convention. Statistics of cases of morbidity and mortality resulting from lead poisoning. With reference to its previous comments, the Committee notes with interest the formulation and adoption, under section 113 of the Labour Code, of an occupational disease declaration form through which enterprises notify the competent authority of cases of occupational diseases. It notes the information on morbidity in cases of lead poisoning reported in the context of occupational risk insurance to the Social Security Institute and that there are no statistics relating to the mortality of working painters as a result of lead poisoning. The Committee therefore hopes that the Government will also take measures to obtain and supply statistics on cases of the deaths of working painters from lead poisoning, in accordance with Article 7(b) of the Convention.

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

The Committee notes the Government’s report confirming that the national legislation no longer makes provision for a general prohibition on the employment of women on underground work as this would be contrary to the principle of equality of opportunity and treatment guaranteed by article 27 of the Political Constitution and section 138 of the Labour Code. The Committee is therefore bound to conclude that the Convention has for all practical purposes ceased to apply.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to promote with respect to underground work the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), while inviting the States parties to Convention No. 45 to denounce, at the same time, this latter instrument (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45 to ensure that national laws are consistent with the international commitments made. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

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

The Committee notes the Government’s report in response to its previous comments. It would like to draw the Government’s attention to the following points.

1. Article 13. Protection against accidents and in emergencies. The Committee notes that instead of the term "emergency" the term "accident" is used, which corresponds to the definition laid down by the 1994 International Basic Safety Standards for protection against ionizing radiation and for the safety of radiation sources. It also notes the Government’s indication that, under section 166 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations relating to plans for emergencies, the recommendations contained in the October 2003 document entitled "Method for developing arrangements for response to a nuclear or radiological emergency - Emergency preparedness and response" are being used. It notes that the definition of "emergency" contained in this document justifies the exceptional exposure of workers in the event of occurrences which require, inter alia, interventions to reduce the adverse effect on property. The Committee observes that this definition appears incompatible with section 189 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, which stipulates that workers participating in an intervention may undergo exposure resulting in the maximum permissible dose for occupational exposure in a single year being exceeded solely for the purpose of saving lives or preventing serious injuries, avoiding a high collective dose or preventing the development of catastrophic situations. In this respect the Committee once again draws the Government’s attention to the information in paragraphs V.27 to V.32 of the 1994 International Basic Safety Standards and paragraph 35(c)(iii) of its 1992 general observation under the Convention, namely that exceptional exposure of workers is not justified for the purpose of rescuing "items of high material value". Consequently, the Committee invites the Government to take the necessary measures for correcting the apparent contradictions between the legislation and the recommendations of the October 2003 document entitled "Method for developing arrangements for response to a nuclear or radiological emergency - Emergency preparedness and response", aimed at limiting the exposure of workers for the purpose of meeting an acute danger to life and health to what is strictly necessary.

2. Part V of the report form. The Committee notes the Government’s indication that there are no mechanisms for facilitating the collection of information on the practical application of the Convention in the country and that the Labour Ministry hopes to provide such information in the future. Noting that, under section 206 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, all inspections and audits are documented and emphasizing that inspectors’ reports constitute an important component in assessing the application of the Convention, the Committee requests the Government to send at least extracts of these reports drawn up by the Directorate-General for Safety and Health at Work, which is the competent authority for monitoring the application of the Convention.

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

Further to its observation, the Committee wishes to draw the Government’s attention to the following points.

1. Article 7 of the Convention. Young persons. With regard to the restrictions on the employment of young persons, the Committee notes section 15 of the Resolution referred to above which prohibits the engagement of young persons under 16 years of age in the manual transport of loads at workplaces. Furthermore, section 16 of the same Resolution provides that young persons of 18 years of age may not be engaged in the manual transport of loads whose weight involves physical effort, nor in work classified as exceeding their psychophysical motor strength. Nevertheless, this Resolution does not contain provisions specifying the types of work covered by section 16 and therefore the performance of which is prohibited for persons under 18 years of age. In these conditions, the Committee requests the Government to provide information on the meaning of the expressions "manual transport of loads whose weight involves physical effort" and "work classified as exceeding their psycho-physical motor strength". It also requests the Government to indicate whether there is a list of types of work prohibited for young persons under 18 years of age. In this connection, it draws the Government’s attention to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by women between 15 and 18 years of age and the weight for men in the same age group is 35 kg.

2. Part V of the report form. While noting that, according to the transitory provision of the 1998 Ministerial Resolution on health and safety relating to the maximum weight of a load which may be transported manually by a worker, enterprises and work centres will have a period of no longer than one year to modify operations and processes and adopt measures for the manual transport of loads, the Committee requests the Government to provide information on the application of this Resolution in practice and consequently on the implementation of the provisions of the Convention. It reminds the Government that this information should include summaries of the reports of the General Directorate of Occupational Safety and Health which, under section 17 of the Resolution, is responsible for supervising and controlling compliance with the provisions of the Resolution, as well as statistics on the number and nature of contraventions reported and the action taken on them.

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

The Committee notes the information provided by the Government in its latest reports for the years 2002 and 2004, and the ministerial standards and resolutions provided with these reports.

1. The Committee notes that, in its report for the period which ended in May 1997, the Government referred to many provisions of the national legislation of a general nature and which therefore give partial effect to the provisions of the Convention. For example, under paragraph 6, Annex I, of the Ministerial Standard on minimum health and safety provisions for equipment used at work, of 4 March 1996, where the moving parts of equipment (machines, apparatus, etc.) give rise to the risk of aggressive mechanical contact, they shall be equipped with guards or devices which prevent access to dangerous areas; and, in accordance with Annex II of the Ministerial Standard on minimum health and safety provisions for equipment used at work, equipment (including machines) shall not be used without the protective guards provided for the operation concerned (paragraph 1), it shall be ascertained that the protective devices and conditions for use are adequate before using equipment (paragraph 2) and the appropriate precautions shall be adopted and individual protective devices used when accessible dangerous elements cannot be totally protected. The Committee notes these provisions. It requests the Government to indicate the provisions of the national legislation or equally effective measures which ensure, in compliance with the Convention, the prohibition of the sale, hire, transfer in any other manner or exhibition (Articles 2 and 4) and the use (Articles 6 and 7) of machinery any dangerous part of which is without appropriate guards.

2. Article 11. The Committee notes that sections 4 and 5 of the Ministerial Standard on minimum health and safety provisions for equipment used at work, of 1992, provide, among other measures, for the obligation of workers to use equipment under conditions and in the manner which complies with specific instructions. The Committee recalls that, under this provision of the Convention, no worker shall use, or be required to use any machinery without the guards provided being in position. The Committee requests the Government to indicate the measures adopted to give full effect to this Article of the Convention.

3. Article 15, paragraph 1. The Committee requests the Government to indicate the measures taken to ensure the effective application of the provisions of the Convention, including the appropriate penalties.

4. The Committee requests the Government to provide information on the programmes relating to the application of the Convention to which it refers in its report.

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

The Committee notes the Government’s report. It also notes with interest the Ministerial Health and Safety Resolution of 1998 respecting the maximum weight of a load which may be transported manually by a worker, which sets forth minimum occupational safety and health measures to protect workers performing tasks related to the manual handling of loads. It notes in particular with satisfaction that, under section 12 of the Resolution, a maximum weight is established for the handling of loads which may be transported manually by men and women, thereby giving effect to Articles 3 and 7 (Women) of the Convention.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the reports of the Government in response to its previous comments.

1. Protection against accidents and in emergency situations. The Committee notes with interest the provisions contained in sections 74 and 165 et seq. (Chapter XIV) of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, prescribing the measures to be taken in emergency situations which reflect the indications provided by the Committee in paragraphs 16 to 27 and 35(c) of its 1992 general observations under the Convention, and the indications contained in paragraphs V.1. to V.30. of the 1994 International Basic Safety Standards. The Committee however notes that the above Regulations refer to emergency situations, but do not provide a definition of what is considered as an emergency. In this respect, the Committee draws the Government’s attention to the matters raised in paragraph 35(c)(iii) of the conclusions to its 1992 general observation under the Convention, according to which provisions should be made in law and practice for adopting a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve excessive expense. The Committee therefore requests the Government to indicate, in its next report, the measures adopted to take into consideration the recommendations formulated in this respect by the Committee in its abovementioned general observation under the Convention.

2. Part V of the report form. The Committee requests the Government to supply information on the manner in which the Convention is applied in practice in the country, including, for example, extracts from inspection reports or from other official reports on practical difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its previous comments. The Committee notes with interest the adoption of the Ministerial Resolution of 2000 on industrial health in the workplace, which supplements the Regulations of 1966. With regard to the provisions of the Convention, and particularly Article 5(III), the Committee notes section 19(5) of the Ministerial Resolution, which provides that workers exposed to lead in its various compounds shall undergo specific examinations.

Article 6. With reference to its previous comments, the Committee notes that the Occupational Safety and Health Directorate has prepared a form for the notification of occupational diseases, which it submitted for approval to the National Health and Safety Council. According to the Government, this form will be used for enterprises to notify cases of lead poisoning when they occur so that the statistics envisaged in Article 7 of the Convention can be compiled. The Committee requests the Government to indicate whether the above form has been adopted and, if so, to provide a copy to the International Labour Office. The Committee also hopes that the Government will be able to compile statistics on lead poisoning, which should refer to both the morbidity and mortality caused by lead poisoning.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with satisfaction that the National Commission on Atomic Energy (CONEA) adopted in May 1998 the Regulations concerning Technical Protection against Ionizing Radiations, giving effect to the provisions of the Convention, and in particular to Article 3, paragraph 1, Article 6, paragraph 2, and Article 7 of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

Articles 1 and 3 of the Convention. The Committee takes note of the Government’s information concerning these Articles. In its report the Government refers to the annual meeting of Health Ministers of the Central American Region and Dominican Republic (RESSCAD) in 2000, which reached an agreement to ban the use of carcinogenic substances and agents or submit them to authorization or control. The Government gives the list of substances and agents in its report. The Committee asks the Government to state whether the above agreement is binding for Nicaragua and to send a copy of the full text of the RESSCAD instrument including the abovementioned list, and to indicate which substances are prohibited and which are subject to authorization. The Committee also notes that, according to the Government, the Ministers of Health of Central America and the Ministers of Labour, Agriculture and Forests, Environment and Natural Resources of Nicaragua, determined the carcinogenic substances and agents occupational exposure to which will be prohibited or subject to authorization or control. A list of them also is provided. The Committee asks the Government to state whether this agreement is binding for Nicaragua, to provide a copy of the full text and to indicate which substances are banned and which are subject to authorization. The Committee also notes that, according to the Government, in periodically determining these substances or agents, account is taken of international standards based on the International Register of Potentially Toxic Chemicals. The Committee observes that, according the chemicals division of the United Nations Environment Programme (UNEP) which is in charge of the Register, the latter has not been updated since 1993. The Committee therefore suggests that the Government should take as a reference the work and the lists of the International Agency for Research on Cancer (IARC). The Committee notes that the list supplied by the Government enumerates some products regarded as carcinogenic by the IARC. The Committee recalls that the list supplied by the Government is not exhaustive and there is no mention that it is merely indicative. The Government is therefore asked to consider increasing the number of products in this category which are prohibited or subject to authorization.

The Committee recalls that in its previous comments it took note of the establishment of a National Centre for Information and Documentation on Toxic, Dangerous and Similar Substances. The Committee expressed the hope that, once established, the Centre would be able to take the necessary steps to give effect to the provisions of Articles 1 and 3 of the Convention with regard to periodically determining carcinogenic substances and agents and prescribing measures to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee therefore asks the Government to provide detailed information as to whether the abovementioned Centre has been set up and is operational; whether, in addition to the list established by the annual meeting of Health Ministers of the Central American Region and Dominican Republic (RESSCAD), a national list of carcinogenic substances and agents has been drawn up; and whether the abovementioned Centre has created a register of such substances and agents, giving consideration to the latest information contained in the codes of practice or guides which may be established by the International Labour Organization, as well as to information from other competent bodies. The Committee notes in this connection the information supplied by the Government on the National Register of Pesticides and Toxic or Other Toxic Substances used in agriculture, administered by the Ministry of Agriculture and set up under Basic Act No. 274 to regulate and control pesticides and toxic or other dangerous substances. The Committee also notes the records provided for in Chapter IX of the Ministerial Resolution on Industrial Hygiene at Work of 28 July 2000. The Committee states that it is not clear whether it is possible in the first record to include the effects on workers’ health of the products and substances controlled and regulated by the abovementioned Act. As to the second record, the Committee states that, according to the abovementioned resolution, it is to be kept by the employer. The Committee recalls that it is the Government which is required to establish an appropriate system of records, and while it may be useful to have records kept by the employer, this is not enough to give effect to the Convention. The Committee therefore urges the Government to take the necessary steps to meet the requirement of a system of records laid down in Article 3 of the Convention. The Committee suggests that, in taking the necessary measures, the Government should refer to Paragraph 15 of the Occupational Cancer Recommendation, 1974 (No. 147).

Article 2. With reference to its previous comments, the Committee notes the Government’s reference to Basic Act No. 274 of 1998 to regulate and control pesticides and toxic and other dangerous substances, and particularly section 21 of the Act which sets forth the functions of the Ministry of Health. The Committee also notes that, according to the Government, article 6 of the Ministerial Resolution on Occupational Hygiene and Safety of 26 July 1993 which establishes the employer’s obligations, would give effect to this Article of the Convention. The Committee recalls, however, that Article 2 requires every effort to be made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non carcinogenic substances or agents or by less harmful substances or agents. It further provides that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure must be reduced. General measures such as those referred to by the Government cannot therefore be deemed sufficient to give effect to the provision of Article 2 of the Convention. Consequently, the Committee asks the Government to adopt the necessary measures to give effect to the Convention, and particularly legislative or regulatory measures requiring the replacement of specific carcinogen substances or agents by others which are deemed to be less harmful; and which set the number of hours for which workers may be exposed to such substances or agents, specific levels of exposure, etc.

Article 4. The Committee notes the Government’s statement that the current Labour Code, the Ministerial Resolution on Occupational Hygiene and Safety of 26 July 1993 and the Ministerial Resolution on Safety and Hygiene respecting the use, handling and application of pesticides and other agrochemicals at places of work, 24 November 2000, are the standards which would give effect to the provisions of Article 4 of the Convention. The Committee also notes the Government’s statement that the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, requires employers to provide information on the matters specified in Article 4. The Committee recalls that Article 4 of the Convention requires each Member which ratifies the Convention to take steps so that workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken. The Committee observes that, while the provisions of the abovementioned resolution may be useful, they are not enough to give effect to Article 4. It therefore asks the Government to inform it of provisions adopted to apply this Article of the Convention.

Article 5. The Committee notes the information supplied by the Government in the form of a reference to the provisions on obligations for employers contained in the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, namely: occupational medical examinations (Chapter VIII), the content of such examinations (Chapter X), evaluation of industrial health risks (Chapter V), notification of a summary of the medical examinations (Chapter XI). The Committee recalls that Article 5 of the Convention requires each Member which ratifies it to take steps to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards of exposure to carcinogenic substances or agents in particular. The Committee asks the Government to inform it of arrangements made to give practical effect to this Article of the Convention.

Article 6. The Committee notes that several legal instruments submitted by the Government contain provisions on sanctions and liability for failure to apply the standards (article 10 of the Ministerial Resolution on Occupational Hygiene and Safety, 26 July 1993, Chapter III of the Basic Law to Regulate and Control Pesticides, Toxic and Other Dangerous Substances (Act No. 274 of 13 February 1998), Chapter XXI of the Ministerial Resolution on Industrial Hygiene at Work, 28 July 2000, Chapter XVI of the Ministerial Resolution on Hygiene and Safety Respecting the Use, Handling and Application of Pesticides and Other Agrochemicals at Workplaces, 24 November 2000). The Committee nevertheless notes that only two of the above instruments refer, succinctly and in general terms, to the inspection services to be provided by the Government (article 5 entitled "Supervision of the Ministerial Resolution on Occupational Hygiene and Safety, 26 July 1993", and section 21(3) of the Basic Act to Regulate and Control Pesticides and Toxic and Other Dangerous Substances (Act No. 274 of 13 February 1998)). The Committee recalls that paragraph (c), of Article 6, of the Convention establishes that each Member which ratifies it must undertake to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out. The Committee asks the Government to provide information on measures and arrangements for applying this Article of the Convention, and on the organization, functions and powers of the inspection services responsible for supervising the application of the Convention.

Lastly, the Committee asks the Government to provide general information, as Part IV of the report form requires, on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and causes of cases of disease, etc.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report.

1.  The Committee notes the Government’s indication to the effect that the General Directorate of Hygiene and Health at Work, which comes under the aegis of the Ministry of Labour, is currently conducting a study with a view to preparing regulations taking into consideration, on the one hand, all the conditions specific to the manual transport of loads with a view to fixing the maximum weight of loads that can be lifted and transported manually by one worker and, on the other hand, the Committee’s comments, which will result in the harmonization of legislation with the provisions of the Convention. The Committee expresses strongly the hope that these regulations will be adopted in the near future and will include provisions ensuring effective protection of workers against hazards involved in the manual transport of loads, in accordance with the following provisions of the Convention, the application of which has been the subject of its comments for 20 years: the establishment of a maximum weight for any load - not only bags and crates as provided in section 182 of the Labour Code - whose weight is likely to jeopardize the health or safety of the worker (Article 3 of the Convention); the due consideration of all the conditions in which the manual transport of loads is to be performed, namely the nature of the work, physiological characteristics, climatic conditions, and the difference between the lifting and the transport of loads (Article 4). Noting once again that national legislation does not always contain provisions specifically on the manual transport of loads by women and young workers aged under 18 years, the Committee recalls that Article 7 of the Convention specifies that where women and young workers are engaged in such work, the maximum weight of the loads shall be substantially less than that permitted for adult male workers. In addition, in regard to young workers, the Committee observes once again that section 123 of the Labour Code prohibits employment of young persons under 14 years old in industrial enterprises. In this context, the Committee recalls that under Article 1(c) of the Convention the term "young worker" means a worker under 18 years of age. It indicates also that in accordance with Article 2 of the Convention the limits on the employment of minors and the maximum weight fixed shall be applied to all branches of economic activity (agriculture, commerce, transport) for which there is a labour inspection system.

2.  Part V of the report form.  Further to its previous comments, the Committee requests the Government to supply information on the practical application of the provisions of the Convention. This information should include summaries of inspection service reports (in particular concerning decisions taken by the labour inspectors fixing the maximum weight of loads that may be transported for distances equal to or greater than 150 varas (about 180 metres), by virtue of section 182(3) of the Labour Code, statistics on the number and nature of contraventions noted, on the measures taken in this regard, as well as information on the technical devices used (section 183(1) of the Labour Code).

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

The Committee notes the information provided by the Government indicating that it is committed to preparing regulations on benzene, based on the Act respecting the handling and control of pesticides and dangerous toxic substances, approved in 1998 by the National Assembly. The Committee recalls that there has been no specific legislation giving effect to the Convention since its ratification. It once again hopes that the Government will take the necessary measures as soon as possible to prepare the announced regulations with a view to giving effect to the provisions of the Convention.

The Committee hopes that the Government's next report will indicate that the regulations on benzene have been adopted and that they will give effect to the following provisions of the Convention, in accordance with Article 14, paragraph 2 (use of harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (prohibition of the use of benzene and of products containing benzene in certain work processes, including their use 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), Article 6 (the concentration of benzene in the air not to exceed a maximum of 25 parts per million (80 mg/m3)), Article 8 (provision of adequate means of personal protection and limitation of the duration of exposure to levels of benzene concentration above the maximum limit), Articles 9 and 10 (pre-employment and periodic medical examinations) and Article 11 (prohibition of the employment of pregnant women and nursing mothers, as well as young persons under 18 years of age, in work processes involving exposure to benzene).

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

The Committee notes the adoption of the Fundamental Act of 13 February 1998 respecting the regulation and control of pesticides, toxic and other dangerous substances which, while providing responses to some of the issues relative to the application of the Convention, ignores the specific problems addressed by the Convention. Consequently, the Committee wishes to draw the Government's attention to the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that section 20(1) of the above Act establishes a National Information and Documentation Centre on Toxic Substances which, under section 20(2) shall monitor and supervise contamination by pesticides, toxic or other dangerous substances which are natural or man-made. Section 22(1) and (2) of the Fundamental Act empowers the Minister of Labour to monitor, regulate and supervise the safety of premises where workers are exposed to pesticides, toxic and other dangerous substances and to apprehend and supervise the potential risks of exposure to these substances. The Committee requests the Government to indicate whether the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are periodically determined, in accordance with Article 1, paragraph 1, of the Convention, in the light of paragraph 3 of this Article of the Convention.

Moreover, the Committee notes that the Fundamental Act includes no provision to give effect to the following Articles of the Convention: Article 2 (replacing carcinogenic substances and agents by non-carcinogenic substances or agents and reducing the number of workers exposed to and their exposure to a minimum compatible with safety); Article 3 (special measures to be taken to protect workers against the risks of exposure to cacogenic agents and substances and the establishment of an appropriate system of records); and Article 5 (medical examinations or biological tests or investigations, when so required, during and subsequent to the period of employment).

The Committee notes the Government's statement to the effect that the Government has requested the assistance of a multidisciplinary team for the Americas and the Caribbean States to amend national legislation to bring it into full conformity with the provisions of the Convention. The Committee hopes that the necessary measures will shortly be taken to this end and requests the Government to transmit any information in this respect.

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

The Committee notes with interest the adoption and publication of the Fundamental Act of 13 February 1998 respecting the regulations for and the supervision of pesticides, toxic and other dangerous substances. In this regard, the Committee is addressing a request regarding certain points directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

In comments it has been making for several years, the Committee has noted that the Government has not supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Government stated earlier that the General Directorate of Occupational Health and Safety had been unable to compile the statistics requested because enterprises do not record such information, and added that the Ministry of Labour and Health is intending to establish the means for enterprises to report this type of information.

The Committee notes the information in the Government's last report that the two existing paint enterprises have reduced their production because of the economic recession and were inspected by the labour inspectorate.

The Committee noted that section 7 of the Regulations of 1996 concerning the use of white lead and other pigments in painting provides that cases of lead poisoning and suspected lead poisoning shall be notified to the Ministry of Health, in accordance with Article 5.III(a) of the Convention. It would recall that under Article 6 of the Convention, the competent authority is to take such steps as it considers necessary to ensure the observance of the regulations prescribed in pursuance of the Convention. The Committee hopes that the Government will be able to ensure in the near future that enterprises record cases of lead poisoning and suspected lead poisoning, in accordance with the regulations adopted pursuant to the Convention, so that it can compile the statistics on lead poisoning among working painters required under Article 7 of the Convention. The Government is asked to indicate progress made in this regard in its next report.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its report covering the period 1992 to 1994.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee drew previously the Government's attention to the revised dose limits adopted by the International Commission on Radiological Protection (ICRP) in 1990 and asked the Government to indicate steps taken to ensure effective protection of workers against ionizing radiation in the light of current knowledge. The Committee takes note with interest of Act No. 156 of 1993 on ionizing radiation and of Decree No. 24-93 establishing the National Commission on Atomic Energy. It also notes that the Government indicates in its 1994 report that regulations on radiological protection were being drafted. The Committee hopes that the Government will provide information on the provisions adopted in the light of the 1990 above-mentioned recommendations and the 1994 International Basic Safety Standards for protection against ionizing radiation and for the safety of radiation sources, and that it will supply a copy of the regulations when adopted.

2. Article 7. The Committee requests the Government to provide information on the provisions of laws or regulations or other means that prohibit the employment of persons under the age of 16 in work involving exposure to ionizing radiation.

3. Protection against accidents and in emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

4. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that, 15 years after ratification, national legislation contains no provisions giving effect to most of the provisions of the Convention and that the Government continues to refer, in a general manner, to some preliminary draft texts which take into account the Committee's observations.

The Committee notes that in its report for the period ending 30 June 1992, the Government referred to a number of activities carried out by the General Directorate of Occupational Health and Safety for the purpose of identifying hazardous situations and promulgating control measures. The Committee trusts that in the framework of these activities the body in question will be able to take specific measures to formulate provisions which give effect to the Convention.

The Committee hopes that the Government will do everything possible not to postpone the adoption of the measures needed to guarantee application of the Convention. The Committee requests the Government to keep it informed of progress towards this target.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report. In its previous comments the Committee noted the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993, providing a framework within which specific aspects of occupational safety and health can be regulated. Section 3 of the resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks. Recalling that since the ratification of the Convention no specific provisions have been adopted to give effect to the Convention, the Committee expresses once again the hope that the necessary steps will be taken in the very near future, in consultation with the most representative organizations of employers and workers concerned, as called for by Article 6 (a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration and degree of exposure and the number of workers concerned); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of workers concerned during the period of exposure and thereafter, as necessary).

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

1. The Committee notes with interest the ministerial decision respecting occupational safety and health which establishes general and minimum standards relating to occupational safety and health. The Committee notes that, by virtue of section 3 of this decision, that the Ministry of Labour shall publish, under this instrument, rules and directives relating to safety and health in the various fields referred to in Annex 1 to the decision, which include the handling and storing of loads and materials. The Committee hopes that the text which is adopted to protect workers against the risks involved in the manual transport of loads will give full effect to the following provisions of the Convention, on the application of which it has been commenting for several years:

Article 3. With reference to its previous comments concerning section 182 of the Labour Code, the Committee hopes that a maximum weight will be established for any load whose weight is likely to jeopardize the health or safety of the worker.

Article 4. The Committee also hopes that all the conditions will be taken into account in which the manual transport of loads is to be performed (the nature of the work, physiological characteristics, climatic conditions, and the difference between the lifting and transport of loads).

Article 7. The Committee noted in its previous comments that no provisions specifically limit the manual transport of loads by women and young workers.

The Committee recalls that by virtue of Article 7 of the Convention, the manual transport of loads not only has to be limited, but the maximum weight established in the case of women and young workers has to be substantially less than that permitted for adult male workers.

The Committee notes that section 123 of the Labour Code prohibits the employment in industrial undertakings of young persons under 14 years of age, and that it would therefore be necessary, when limiting the manual transport of loads and the maximum weight that may be carried by young workers, to take into account that, for the purposes of the Convention, the term "young worker" means a worker under 18 years of age.

It should also be noted that the limitation placed upon the employment of young persons and the maximum weight which is established should apply to all sectors of economic activity (agriculture, trade and transport) in respect of which a system of labour inspection is maintained, in accordance with Article 2 of the Convention.

The Committee hopes that the provisions necessary to give full effect to Article 7 of the Convention will be included in the regulations which are to be prepared.

2. The Committee notes the establishment of the National Occupational Safety and Health Board.

3. With reference to its previous comments, the Committee requests the Government to supply information on the application of the provisions of the Convention, in conformity with point V of the report form. It would be desirable for this information to include extracts from reports of the inspection services (particularly relating to decisions which have been taken by labour inspectors which establish maximum weights that can be transported for distances which are equal to or greater than 150 varas (approximately 180 metres) by virtue of section 182(3) of the Labour Code), statistics on the number and nature of contraventions reported and the action taken on them, as well as information on the mechanical means used (section 183(1) of the Labour Code).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's latest report and the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993. The Government has indicated that this Resolution will provide a legal framework within which other specific aspects of occupational safety and health can be regulated and recalls that section 3, paragraphs 1 and 2 of the Resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks.

The Committee would recall that, since its ratification, no provisions have existed to give effect to the Convention. In its report for 1987, the Government had declared that special inquiries were being carried out with a view to adopting safety measures specifically for the prevention of risks of intoxication by benzene. The Committee hopes, therefore, that the specific measures necessary to the application of the Convention will be taken in the very near future, in accordance with Article 14 of the Convention.

The Committee once again expresses the hope that the Government will be able to indicate in its next report that measures have been taken to ensure, in particular, the application of the following Articles of the Convention: Article 2 (the substitution of harmless or less harmful products to replace benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use 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), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene which exceed the maximum limit), Articles 9 and 10 (pre-employment and periodic medical examinations), and Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided in the Government's latest report and the adoption of the Ministerial Resolution on Occupational Safety and Health, 1993. The Government has indicated that this resolution will provide a framework within which other specific aspects of occupational safety and health can be regulated and recalls that section 3, paragraphs 1 and 2 of the resolution calls upon the Minister of Labour to determine minimum occupational safety and health requirements for, among others, chemical, physical and biological risks.

The Committee would recall that, since its ratification, no provisions have existed to give effect to the Convention. In its report for 1987, the Government indicated that special efforts were being made to establish standards on the safety measures to be taken to prevent the risks of occupational cancer.

The Committee hopes that the necessary steps will be taken in the very near future, in consultation with the most representative organizations of employers and workers concerned, as called for by Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter as necessary).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments it has been formulating for several years, the Committee has noted that the Government has not supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. In its latest report, the Government has indicated that the General Directorate for Safety and Health has found it impossible to establish the relevant statistics as the enterprises have not provided the necessary information. The Government adds that the Ministry of Labour and the Ministry of Health are trying to establish measures to ensure that the enterprises report this type of information.

The Committee has noted that section 7 of the Regulations of 1966 concerning the use of white lead and other pigments in painting work provides that cases of lead poisoning and of suspected lead poisoning shall be notified to the Ministry of Public Health, in accordance with Article 5.III.(a) of the Convention. It would recall that, under Article 6 of the Convention, the competent authority is to take such steps as it considers necessary to ensure the observance of the regulations prescribed in pursuance of the Convention. The Committee hopes that the Government will be in a position, in the near future, to ensure that enterprises report cases of lead poisoning and suspected lead poisoning, in accordance with the regulations prescribed in pursuance of the Convention, so that the Government will be able to establish the statistics concerning lead poisoning among working painters called for under Article 7 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments it has been making for several years, the Committee noted that no provisions existed to give effect to the Convention. In 1988, the Committee had taken note of the Government's indication that special inquiries were being carried out with a view to adopting safety measures for the prevention of risks of intoxication by benzene and requested the Government to supply information on the progress made in this regard. In its latest report, the Government has made reference to difficulties faced by the country in the last 13 years which have hindered the implementation of national occupational safety and health programmes. The Government adds, however, that the General Directorate of Occupational Safety and Health has just begun a series of actions aimed at identifying risk situations and establishing measures of control and that the Ibero-American Institute of Co-operation has begun to assist the Government in the drafting of Ministerial resolutions and agreements to regulate certain aspects of safety and health, taking into account the Committee of Experts' comments. The Committee hopes, therefore, that the Government will take the necessary measures in the very near future to ensure the application of the provisions of this Convention, as called for in Article 14 of the Convention.

In particular, the Committee reiterates its hope that the Government will be able to indicate in its next report the measures taken to ensure the application of the following Articles of the Convention: Article 2 (the use of available harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use 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), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene exceeding the maximum), Articles 9 and 10 (pre-employment and periodic medical examinations), Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).

[The Government is requested to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In the comments that it has been making since 1984 the Committee has noted that the provisions of the Labour Code contain measures of a general order which do not give effect to most of the provisions of the Convention. Over the same period, the Government has referred to implementing regulations which are to be adopted to guarantee the application of the Convention, but which have not yet been adopted.

In its last report the Government states, on the one hand, that implementing regulations which give effect to the provisions of the Convention have never existed and that it has no knowledge of draft legislation being prepared for that purpose. On the other hand, the Government states that it has received technical advice from the Ibero-American Cooperation Institute which has in part been related to the preparation of draft ministerial decisions and agreements to regulate those aspects of safety and health questions which have not yet been regulated.

The Committee notes that, 12 years after its ratification, the national legislation does not yet contain provisions which give effect to most of the provisions of the Convention and that, once again, the Government refers in a general manner to "preliminary draft texts which have taken into account the Committee's comments".

The Committee requests the Government to take the necessary measures to give effect to the Convention and requests the Government to supply information on the progress achieved in this respect.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments it has been making since 1984, the Committee noted that there were no specific laws or regulations to apply the provisions of the Convention. In 1987, the Government indicated that special efforts were being made to establish standards on the safety measures to be taken to prevent the risks of occupational cancer. In its latest report, the Government has made reference to difficulties faced by the country in the last 13 years which have hindered the implementation of national occupational safety and health programmes. The Government adds, however, that the General Directorate of Occupational Safety and Health has just begun a series of actions aimed at identifying risk situations and establishing measures of control and that the Ibero-American Institute of Co-operation has begun to assist the Government in the drafting of Ministerial resolutions and agreements to regulate certain aspects of safety and health, taking into account the Committee of Experts' comments.

The Committee hopes that the necessary steps will be taken in the very near future, in consultation with the most representative organizations of employers and workers concerned, as called for by Article 6(a) of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control); Article 2 (replacement of carcinogenic substances and agents by others less harmful and reduction of the duration of exposure and the number of workers exposed); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); and Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter as necessary).

[The Government is requested to provide a detailed report for the period ending 30 June 1994.]

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

The Committee notes that no report has been received from the Government. It notes that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

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

In its previous direct request, the Committee noted that the Judicial Department of the Ministry of Labour was in the process of preparing draft regulations to give effect to the Convention. The Government has indicated in its latest report that a draft Labour Code is being prepared, with the technical assistance of the ILO, which will ensure the application of ratified conventions. The Committee notes from the Government's report that this draft Code should be studied by all social partners during a tripartite seminar to be held in March and, upon its approval, will be presented to the Legislative Assembly for adoption. The Committee reiterates the hope that the necessary measures be taken, either in the form of regulations, as mentioned previously by the Government, or in the Labour Code, in order to give full effect to the provisions of the Convention.

In this regard, the Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee hopes that the Government will take these new findings into account when drafting the legislation necessary for the application of the Convention. The Government is requested to provide information in its next report on the progress made in adopting the legislation necessary for the application of the Convention, and in particular, on the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

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

In comments it has been making for several years now, the Committee noted that no provisions existed to give effect to the Convention. In 1988, the Committee took note of the Government's indication that special inquiries were being carried out with a view to adopting safety measures for the prevention of risks of intoxication by benzene and requested the Government to supply information on the progress made in this regard. In its latest report, the Government indicates that no change has occurred since its previous report and makes no mention of the status of these special inquiries. The Committee, therefore, urges the Government to take the necessary measures by laws or regulations or any other method to ensure the application of the provisions of this Convention, as called for in Article 14 of the Convention.

In particular, the Committee hopes that the measures necessary to ensure the application of the following Articles of the Convention will be taken in the near future: Article 2 (the use of available harmless or less harmful substitute products instead of benzene or products containing benzene), Article 4 (the prohibition of the use of benzene and of products containing benzene in certain work processes, including its use 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), Article 6 (concentration of benzene in the air not to exceed 25 parts per million (80 mg/m3)), Article 8 (the provision of adequate means of personal protection and the limitation of duration of exposure to levels of benzene exceeding the maximum), Articles 9 and 10 (pre-employment and periodic medical examinations), Article 11 (the prohibition of employment of pregnant and nursing women, as well as young persons under 18 years of age in work processes involving exposure to benzene).

[The Government is requested to provide a detailed report for the period ending 30 June 1992.]

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

In earlier comments, the Committee had noted that, apart from some provisions in the Labour Code that prescribe protective measures of a general nature, there are no laws or regulations to apply the provisions of the Convention; in 1987, the Government indicated that special efforts were made to establish standards on the safety measures to be taken to prevent the risks of occupational cancer. The Committee notes with regret that in its latest report, the Government has not supplied any information on the outcome of these efforts, as requested in 1988.

The Committee recalls that measures should be adopted to give effect in particular to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure must be prohibited or made subject to authorisation or control); Article 2 (replacement of carcinogenic substances and agents by others that are less harmful and reduction of the duration of exposure); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter).

The Committee hopes that standards will be established in accordance with Article 6(a) of the Convention to give effect to these provisions, that they will take account of the most recent information contained in the Codes of Practice and guides established by international bodies including the ILO, and that the Government will soon be in a position to report progress in this regard.

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

With reference to its previous comments, the Committee notes that there is no explicit provision in the national legislation to give effect to the Convention.

The Government expressed its intention of preparing draft regulations to apply the whole of the Convention. In its last report, the Government states that it has sent copies of the regulations that have been adopted. The Committee notes that they were not attached to the report.

The Committee requests the Government to supply a copy of these regulations with its next report.

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

The Committee notes the Government's report according to which the Directorate of Occupational Safety and Health is preparing regulations based on its comments which, in accordance with Article 8 of the Convention, will be transmitted for consultation with organisations of employers and workers, once it has been revised by senior officials in the Ministry.

The Committee hopes that the above regulations will give full effect to the following Articles of the Convention, which have been the subject of its previous comments, and that the Government will supply a copy of the above regulations when they have been adopted.

Article 3 of the Convention. In its previous comments, the Committee referred to section 182 of the Labour Code, by virtue of which the weight of sacks containing merchandise of any kind which are to be carried by manpower shall not exceed 125 libras in all, and it observed that, in accordance with Article 3 of the Convention, the restriction of the weight must apply not only to sacks but also to any other load whose weight is likely to jeopardise the health or safety of the worker.

The Committee requests the Government to take the necessary measures to amend section 182 of the Labour Code so that the maximum weight of 125 libras applies to any load which is likely to jeopardise the health or safety of the worker.

Article 4 of the Convention. The Committee notes that section 182 of the Labour Code, which limits the maximum weight to be carried by manpower to 125 libras, provides in subsection 3 that if the distance is not less than 150 varas the weight shall be established by the labour inspector. The Committee requests the Government to supply information on the effect given in practice to section 182(3) of the Labour Code and to supply copies of decisions that have been taken by labour inspectors establishing the maximum weights that can be transported for distances of not less than 150 varas. The Committee also notes that the provisions of Chapter X of the Labour Code (weight of sacks to be carried by manpower) do not refer to the other conditions in which the work is to be performed: climate, topography or frequency. Nor is a distinction made between lifting and transport.

The Committee hopes that the provisions of the regulations which are currently being formulated will take into account the conditions in which the transport is performed by establishing the maximum weight of a load which may be transported manually.

Article 6. The Committee notes section 183 of the Labour Code, according to which merchandise in sacks or boxes weighing more than 125 libras shall not be transported except by mechanical means.

The Committee requests the Government to supply information on the effect given in practice to section 183, on the mechanical means employed and the weight of the loads transported in this manner.

Article 7. The Committee notes that no provisions specifically limit the manual transport of loads by women and young workers.

The Committee points out that by virtue of Article 7 of the Convention, not only must the manual transport of loads be limited, but the maximum weight of such loads, where women and young workers are engaged in their transport, shall be substantially less than that permitted for adult male workers.

The Committee notes that section 123 of the Labour Code prohibits the employment in industrial undertakings of young persons under 14 years of age, and that it would therefore be necessary, when limiting the manual transport of loads and the maximum weight that may be carried by young workers, to take into account that, for the purposes of the Convention, the term "young workers" means a worker under 18 years of age.

It should also be specified that the limitation on the employment of young persons and the maximum weight that is established should apply to all sectors of economic activity (agriculture, trade, transport) in respect of which a system of labour inspection is maintained, in accordance with Article 2 of the Convention.

The Committee hopes that the provisions necessary to give full effect to Article 7 of the Convention will be included in the regulations that are being prepared.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. The Committee takes note of the Government's reply to its previous comments, which indicates that special inquiries are being carried out with a view to adopting safety measures in the very near future for the prevention of risks of intoxication by benzene. Since no provisions yet exist in laws or regulations to give effect to the Convention, the Committee trusts that the necessary measures announced by the Government will be adopted shortly, in accordance with Article 14(a) of this Convention.

The Committee requests the Government to supply information on progress made in this connection in its next report.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes with interest from the Government's reply to its previous direct request that the Government is undertaking special efforts to establish standards on the safety measures to be taken to prevent the risks of occupational cancer. The Committee recalls that measures should be adopted to give effect in particular to the following provisions of the Convention: Article 1 (periodical determination of carcinogenic substances and agents to which occupational exposure must be prohibited or made subject to authorisation or control); Article 2 (replacement of carcinogenic substances and agents by others that are less harmful and reduction of the duration of exposure); Article 3 (special measures of protection against the risks of exposure and establishment of a system of records); Article 5 (medical or biological examinations of the workers concerned during the period of employment and thereafter).

The Committee hopes that standards will be established in the near future to give effect to the Convention in accordance with Article 6(a) of the Convention, that they will take account of the most recent information contained in the Codes of Practice or guides established by international bodies including the ILO and that the next report will indicate the progress made in this regard.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

1. The Committee thanks the Government for the labour inspection report supplied in reply to its previous direct request.

2. The Committee notes with interest that the Judicial Department of the Ministry of Labour is in the process of preparing draft regulations giving effect to the Convention. The Committee hopes that the regulations will be adopted in the near future and that they will ensure the application of all the Articles of the Convention.