Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), and 176 (safety and health in mines) together.

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), communicated with the Government’s report.

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee notes the Government’s statement in its report that the adoption of the draft law amending the Labour Code has been delayed due to successive political, economic and social crises, including the persistent change of governments. The Committee notes the observations of the CGTL, according to which national labour legislation is interpreted in a way that favours the worker, so that Decree No. 11802 of January 2004 may serve as a reference point following its amendment. In addition, the Committee notes that, in the context of the joint ILO-UNITAR project “Implementation of the GHS, preventing chemical accidents and strengthening occupational safety and health”, a draft national OSH policy had been prepared. The Committee hopes that the Government will be in a position to finalize its labour law reform without delay and in consultation with the social partners and that the new law will address the legislative issues raised in its comments below. The Committee requests the Government to continue to provide information on the measures taken in this regard and to provide information on measures taken to adopt its national OSH policy.

Application in practice and labour inspection. The Committee notes that the joint ILO-UNITAR project “Implementation of the GHS, preventing chemical accidents and strengthening occupational safety and health” was implemented in 2021-22, which led to the development of a national OSH profile in Lebanon, with the technical support of the ILO. The Committee notes that, according to this national OSH profile, the number of routine periodic inspections was 1350 in 2020, 520 in 2021 and 230 in 2022, but there is yet to be a proper system for collecting data and reporting occupational accidents, diseases and fatalities. The Committee refers the Government to its comments adopted in 2024 under the Labour Inspection Convention, 1947 (No. 81).

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 13(d) of the Convention. Required remedial action based on technical findings and medical advice. Following its previous comments on section 38 of Decree No. 11802, which refers to the duties of the enterprise’s physician, the Committee recalls that Article 13(d) of the Convention refers to circumstances in which the employer shall take any necessary remedial action on the basis of technical findings and medical advice. Therefore, the Committee once again requests the Government to take measures, in accordance with Article 13(d), to specify the circumstances in which, because of the nature or degree of the exposure or a combination of both, the employer shall take any necessary remedial action on the basis of technical findings and medical advice.

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Training of workers before their assignment with a view to preventing accidents. Following its previous comments, the Committee notes the Government’s indication that labour inspectors will require employers to train workers who are assigned to move loads manually. The Committee requests the Government to provide further information on the measures taken, in law or in practice, to ensure that such training takes place.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. Following its previous request for information on any list of prohibited products containing benzene, the Committee notes that the Government refers to Resolution No. 5/1 of 12 January 2001 defining environmental requirements to be met for the issuing of licences for the establishment and/or the use of liquid fuel distribution stations. The Committee requests the Government to provide further information on any legislation adopted to prohibit the use of benzene and of products containing benzene in certain work processes, including by providing copies of any list published by the Ministry of Labour, pursuant to section 57 of Decree No. 11802.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee notes the Government’s indication that appropriate instructions for workers exposed to benzene or products containing benzene are only given during labour inspection visits. Considering that labour inspection visits cannot cover all workplaces, the Committee requests the Government to takemeasures to ensure that any worker exposed to benzene or products containing benzene receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning. The Committee requests the Government to provide further information on the measures taken or envisaged in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. Following its previous comments, the Committee takes due note of the information provided by the Government regarding section 1 of Decree No. 14229 of February 2005, which defines occupational cancer and the list of factors causing it, including benzene and asbestos. The Committee also notes the Government’s indication that occupational exposure to the hazardous carcinogenic substances listed under section 1 of Decree No. 14229 shall be prohibited. The Committee requests the Government to provide information on the specific provisions in national legislation which prohibit occupational exposure to the hazardous carcinogenic substances listed under section 1 of Decree No. 14229, and to indicate any measures taken or envisaged to grant exemptions from prohibition by issue of a certificate specifying in each case the conditions to be met.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the Government’s reference to decisions of the Minister for the Environment on the issuance of licenses for establishments, based on environmental conditions. In the absence of additional information on this matter, the Committee once again requests the Government to indicate the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examinations and promotional campaigns concerning asbestos-related activities. Following its previous comments, the Committee notes the information provided by the Government regarding the national legislation adopted which prohibits the import of asbestos. The Committee once again requests the Government to provide information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, as well as on the medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. Following its previous comments, the Committee notes the Government’s statement that no recent measures have been taken in relation to the provisions of Decree No. 1594 of March 2009, which defines the branches of economic activity excluded from the scope of Convention No. 148. However, according to the Government, the scope of application of Decree No. 8471 of July 2012 on environmental compliance for establishments, extends to certain establishments excluded under Decree No. 1594, namely, the industrial establishments in Categories III, as defined under Decree No. 5243. The Committee requests the Government to continue to indicate any developments regarding the extent to which it proposes to give effect to the Convention in respect of the branches excluded under Decree No. 1594, including on any measures to progressively cover all small and medium-sized enterprises. It once again requests the Government to provide information on consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. Following its previous comments, the Committee notes the Government’s indication that cooperation has been generally established and that there will be cooperation in the implementation of the Convention. The Committee requests the Government to indicate the form and manner of the collaboration between employers and workers at all levels in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. Following its previous comments, the Committee notes the Government’s statement that labour inspectors shall be accompanied, if required, by the competent persons at the establishment. The Committee requests the Government to indicate the measures taken to ensure that such competent persons include representatives of both the employer and workers.

Article 6(2). Collaboration between two or more employers engaged in the same workplace. In the absence of information on the measures taken, the Committee requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and to provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. Following its previous comments, the Committee notes the Government’s indication that workers may appeal to the appropriate bodies of the Ministry of Labour for counsel or file a complaint with the Ministry or the Labour Arbitration Council. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. Following its previous comments, the Committee notes the issuance by the Ministry of the Environment of Act No. 78 of 2018 on air quality protection, but observes that it does not cover air pollution within the work environment. The Committee also notes the information provided by the Government regarding the emission limit values fixed for various air pollutants, contained in the schedule of Decision 1/16 of 2022. The Committee once again requests the Government to indicate the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration.

Article 9. Technical measures applied to new plant and supplementary work-related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. Following its previous comments, the Committee notes the provisions requiring the monitoring, evaluation, control and prevention of ambient air pollution, contained in Act No. 78 of 2018 on air quality protection. The Committee also notes that Decree No. 8471 on environmental compliance for establishments, sets out the procedure to obtain three-year environment compliance certificates for establishments, but that such certificates do not appear to be mandatory. The Committee also observes that no information has been provided in relation to the hazards due to vibration. The Committee once again requests the Government to provide information on the measures, in law or in practice, to ensure that the working environment is, as far as possible, kept free from any hazard due to vibration, in accordance with Article 9 of the Convention. Regarding air pollution, the Committee requests the Government to provide further information on the application in practice of technical or organisational measures to ensure that, as far as possible, working environments are kept free from any hazard due to air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. Following its previous comments, the Committee notes the Government’s indication that, where alternative employment is not available, a worker may file a complaint with the Ministry of Labour pursuant to section 50 of the Labour Code. The Committee observes that section 50 of the Labour Code provides for the entitlement to claim an indemnity in the case of a misuse or abuse of the right to terminate an employment contract. The Committee requests the Government to indicate whether additional measures have been taken or are envisaged to maintain the workers’ income through social security measures or otherwise, in cases where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes the Government’s indication that the owner of a plant must inform the Industrial Research Institute of the equipment used and obtain its approval for its operation as well as an annual safety certificate after the Institute has conducted the requisite technical inspections. The Committee requests the Government to indicate the relevant legislative provisions setting out those obligations and to provide information on the application of this notification requirement in practice.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the Government’s indication that research projects are conducted by the Industrial Research Institute and by private and national universities. The Committee takes note of this information, which addresses its previous request.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes the Government’s statement that it faces difficulties in requiring undertakings with less than 15 workers to appoint a physician. The Committee requests the Government to continue to provide information on any measures taken or envisaged to ensure that employers in undertakings with less than 15 workers are required to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. Following its previous comments on the exclusion of certain branches of economic activity from the application of the Labour Code, namely, domestic servants, certain agricultural corporations and municipal or government services, and family concerns employing solely members of the family, the Committee notes the Government’s indication that the protection afforded to those categories of workers is ensured by the specific laws and regulations applicable to those areas of economic activity. The Committee also notes the Government’s indication the OSH duties of persons who employ workers under section 647 of the Obligations and Contracts Act. The Committee takes note of this information, which addresses its previous request.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. Following its previous comments on this issue, the Committee notes the Government’s indication that it follows a commodities classification systems and criteria that are compliant with the international Harmonized System (HS) Codes and cover industrial chemical products. Regarding the obligations of suppliers, the Committee notes the information provided by the Government regarding the adoption of Decision 1/2 of 2022 prohibiting the import of hazardous chemicals in industry, Decision 1/20 of 2021 relating to the submission of applications for initial approval to import dual-use chemicals, and Decision 1/42 stipulating that the Ministry of Industry be informed of the list of HS Codes for goods produced. The Committee requests the Government to provide detailed information on the measures taken to ensure that chemical safety data sheets for hazardous chemicals shall be provided to employers in accordance with Article 8. The Committee requests the Government to indicate the criteria for the preparation of such chemical safety data sheets.

Articles 15(b) and (c), and 16. Responsibilities of employers. Following its previous comments on the responsibilities of employers, the Committee takes due note of the indication of the Government regarding the adoption of Resolution No. 35 of 2022, which makes it mandatory to hire a chemical engineer or certified chemist in factories that use chemicals, both to conduct a preliminary inspection and to establish safety procedures. The Committee once again requests the Government to indicate the measures taken to ensure that employers, in discharging their responsibilities, cooperate as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work, in accordance with Article 16 of the Convention.

Article 19. Responsibility of exporting States. Following its previous comments, the Committee notes the information provided by the Government regarding the list of products subject to export and import restrictions. The Committee requests the Government to indicate the measures taken to ensure that in cases of export of chemicals subject to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. In the absence of additional information on this matter, the Committee once again requests the Government to provide information on any progress made in relation to the establishment of the Tripartite Consultative Committee on OSH that had previously been reported by the Government. The Committee requests the Government to provide information on any other measures taken to hold consultations with the representative organizations of employers and workers concerned on measures to give effect to the Convention.

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

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. In its previous comments, the Committee noted the Government’s indication that there are no underground mining activities in Lebanon but that the Convention applies to quarries. In this respect, the Committee notes the Government’s indication that most quarries are not operating on a full-time and formal basis and that a decree needs to be adopted to implement the Convention. The Committee requests the Government to take the necessary measures to give full effect, in law and in practice, to this Convention, and to provide information on the progress made in this regard, including on the tripartite consultations undertaken.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee urges the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention with respect to quarries.

Articles 5(5), 7(a), 7(g), 10(a) and (b). Employers’ obligations. The Committee notes that section 7 of the Decree No. 8803 of October 2002 regulating quarries and stone crushing plants requires license applications for quarries. Section 7 of Decree No. 8803 also requires license applications to include information such as maps of the quarry, the equipment of the quarry and the investor’s method of using and storing explosives. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to Articles 7(i) and 8 of the Convention.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation between employers and workers and their representatives. Further to its previous comments, and in the absence of additional information on this matter, the Committee requests the Government to provide information on measures taken or envisaged to give effect to these provisions of the Convention.

Article 10(d).Reporting and carrying out investigations when accidents have occurred. In the absence of additional information in this regard, the Committee once again requests the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12.Two or more employers undertaking activities at the same workplace. In the absence of additional information in this regard, the Committee once again requests the Government to take the necessary measures to give effect to Article 12 of the Convention.

Articles 13. Workers’ rights. In the absence of additional information in this regard, the Committee once again requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 170 (chemicals) and 174 (prevention of major industrial accidents) together.

Impact of conflict on the safety and health of workers. The Committee notes the statement in the Government’s report that ongoing military aggression by Israel has seriously undermined the fundamental principle and right of a safe and healthy working environment, and that this has had grave repercussions for workers, employers and the labour market. The Government refers in this respect to the impact of attacks on civilians and workplaces, including hospitals and medical facilities, the destruction of socio-economic infrastructure, and the use of phosphorus and incendiary bombs on agricultural land. The Government indicates that as a result, thousands of workers and employers have been adversely affected, with a particularly negative impact on migrant workers. The Government also refers to the detonation of pagers and walkie-talkies in September 2024, stating that this impacted thousands of Lebanese civilians working in the vicinity of the explosions. The Government states that these explosions resulted in 32 deaths and injuries to 3,250 persons, including critical injuries to their faces, eyes, hands and bodies.

The Committee recalls that all workers have a right to a safe and healthy working environment. Noting with deep concern the impact on the safety and health of workers of the complex situation in the country, it urges that all necessary measures, as are possible, be taken to protect the safety and health of workers.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. Following its previous comments on this matter, the Committee notes that the Government did not indicate in its report whether it has revised table 2 of Decree No. 11802 of 2004, regarding the organization of prevention, safety and professional hygiene, which sets the dose limit to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to take measures to ensure that the dose limits to the lens of the eye are set at 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. In the absence of information on any developments in this regard, the Committee refers to paragraph 33 of its 2015 general observation on the application of Convention No. 115 and urges the Government to take measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1) and (2), and 8. Dose limits for persons between 16 and 18 years. Following its previous comments on this issue, the Committee notes that the Government has not provided information on any legislative developments fixing specific dose limits for workers engaged in radiation work between the ages of 16 and 18, which is allowed pursuant to Annex 2 of Decree No. 8987 of 2012. The Committee once again refers to its 2015 general observation on the application of Convention No. 115, recalling that, for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (i) an effective dose of 6 mSv in a year; (ii) an equivalent dose to the lens of the eye of 20 mSv in a year; and (iii) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee urges the Government to take the necessary measures to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work. The Committee requests the Government to provide information on the progress made in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 2 of the Convention. Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. Limiting the number of workers exposed to carcinogenic substances. Following its previous comments on this matter, the Committee notes the Government’s indication that the Ministry of Public Health has launched the National Cancer Control Plan 2023–28, which includes awareness-raising about occupational hazards and cancer, and the drafting or amendment of regulations to limit exposure for individuals at risk. The Committee requests the Government to provide information on any legislative developments in this regard, including on any legislation requiring carcinogenic substances and agents to which workers may be exposed in the course of their work to be replaced by non-carcinogenic substances or agents or by less harmful substances or agents.Taking note of the Government’s indication that no additional measures have been taken in this regard, the Committee also requests the Government to take measures to ensure that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure shall be reduced to the minimum compatible with safety.

Article 5. Medical examinations. The Committee notes the Government’s indication that, in the absence of a national OSH Committee, no measures have been considered for identifying hazardous substances that cause occupational cancer. Therefore, the Committee once again urges the Government to take the necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Chemicals Convention, 1990 (No. 170)

Articles 3 and 4 of the Convention. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. Following its previous comments, the Committee notes with concern the Government’s statement that it has not formulated a policy on safety and health in the use of chemicals. The Committee recalls that, in accordance with Article 4, in the light of national conditions and practice and in consultation with the most representative organizations of employers and workers, each Member shall formulate, implement and periodically review a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to take the necessary measures toformulate, implement and periodically review a coherent policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers. The Committee recalls that the Government may avail itself of ILO technical assistance in this regard.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of the Convention. Coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments requesting the Government to take measures to give effect to this Convention in consultation with the most representative organizations of employers and workers, the Committee recalls with deep concern that on 4 August 2020, a stockpile of ammonium nitrate stored in a port warehouse in Beirut exploded, killing more than 200 people and wounding more than 7,000 according to statistics from the Office of the United Nations High Commissioner for Human Rights. The Committee recalls that, in accordance with Article 3 of the Convention, a major hazard installation covers installations that store hazardous substances or categories of substances in quantities which exceed the threshold quantity. In this respect, the Committee notes with regret that the Government has, once again, not provided information on any specific measures taken to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, in accordance with Article 4 of the Convention. The Committee notes that in the context of the joint ILO–UNITAR project “Implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), preventing chemical accidents and strengthening occupational safety and health”, implemented in 2021–22, a national OSH profile and draft national OSH policy have been prepared for Lebanon. The Committee urges the Government to take the necessary measures as a matter of urgency, in consultation with the most representative organizations of employers and workers, to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents and to ensure a full application of the Convention in the near future. The Committee requests the Government to provide detailed information on the measures taken and the progress made in this regard.

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

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A.Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide informationon the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 ofDecree No. 11802,indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures.Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records.Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibres. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibres and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available.The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committeenotes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary workrelated organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration.The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment.The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards.The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health.The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers.The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use.However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work.The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

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

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred.The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year.With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year.The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

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

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 of Decree No. 11802, indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibers. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibers and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available. The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committee notes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary work related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment. The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. . However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

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

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

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

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

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), 120 (hygiene (commerce and offices)), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 of Decree No. 11802, indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibers. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibers and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available. The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committee notes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary work related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment. The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. . However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

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

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

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

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Tripartite committee. The Committee notes the information in the Government’s latest report indicating that the Ministry for Labour has formulated a draft decree on the establishment of a National Tripartite Committee on Occupational Safety and Health, which has been referred to the Council of Ministers for adoption. The Committee notes that this draft decree specifies that the tasks of this Committee will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation; and the proposal of appropriate measures to implement Decree No. 11802/2004 of 30 January 2004. The Committee requests the Government to provide further information on the progress in relation to the establishment of the National Tripartite Committee for Occupational Safety and Health and to transmit copies of the relevant decree as soon as it has been adopted.

Article 6. Labour inspection. The Committee notes the information that the number of labour inspectors trained as occupational physicians has increased by seven, bringing the total number to 11 (of which two are women); the number of labour inspectors trained as safety engineers has increased by nine bringing the total number to 12 (of which five are women); and the number of labour inspectors has increased by ten, bringing the total number to 24 (of which nine are women). It also notes that, in addition, there are 45 assistant labour inspectors (of which 13 are women). The Committee also notes that these personnel have been assigned to different geographical regions of the country as part of the initiative to strengthen labour inspection and extend its coverage. The Committee requests the Government to provide further information on the impact of these new developments and to provide copies of the latest reports of the labour inspection services on cases that raise issues relating to matters covered by the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads which may be transported manually by workers of both gender and workers under 18 years of age. The Committee notes the information that a Committee charged with the consideration of international Conventions by virtue of Note No. 58/1 of 30 June 2009 will ensure that a schedule is added to Decree No. 11892 of 20 June 2004 which will specify that the maximum limits on loads which may be transported manually by adult male workers; and that the Occupational Prevention and Safety Inspectorate of the Ministry of Labour has recommended 30 kg as the maximum limit on loads. The Committee also notes that the application of this Convention, as well as of other Conventions ratified by Lebanon, will be examined by the National Tripartite Committee on Occupational Safety and Health which is being established. The Committee requests the Government to keep the Office informed of any further developments as regards the determination of maximum weight limits on loads that may be transported by workers of both gender and workers under 18 years of age.

Article 5. Training of workers before their assignment with a view to preventing accidents. The Committee notes the information that the Permanent Committee on Trade Union Training and Workers’ Education has not yet been established, but that it is part of the planned mandate of the National Tripartite Committee on Occupational Safety and Health which is being established. The Committee notes the information that a training course for 11 physician–inspectors and 12 engineer inspectors was organized on 18 July 2009 for the Occupational Prevention and Safety Inspectorate of the Ministry of Labour in cooperation with the United Nations Development Programme and the Regional Office for the Arab States in Beirut. The Committee hopes that the Permanent Committee on Trade Union Training and Workers’ Education will be established in the near future and that the application of the Convention will continue to be improved through training targeting labour inspectors, employers and workers, where possible, in the context of technical cooperation programmes undertaken by Lebanon and relevant international organizations, including the ILO.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government in its latest report and notes the Government’s request for technical assistance with regard to undertaking measures to ensure protection and accident prevention for workers exposed to benzene and products containing benzene. The Committee also notes the information provided by the Government indicating effect given to Article 5 of the Convention. The Committee asks the Government to indicate whether measures have been undertaken to give full effect to Article 4(1) on the prohibition of the use of benzene and products containing benzene in certain work processes, and Article 13 on the provision of instructions to workers exposed to benzene and products containing benzene in the course of their work.

Application in practice. The Committee notes the information provided by the Government indicating that Memorandum No. 35/2 of 3 April 2009 requires the inspectorate of labour, prevention and safety to include in their annual report information on the number and nature of contraventions which occur, and extracts from their inspection reports. The Committee asks the Government to provide a copy of the inspectorate’s annual report and information on the number, nature and cause of occupational accidents.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes that, as a result of the work of the joint body set up to issue a national list of occupational diseases, Decree No. 14229 of 26 February 2005 relating to occupational diseases was promulgated and that a copy of this decree was joined to the Government’s report. The Committee notes, however, that this decree does not regulate the question of a periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or subjected to authorization or control as required by this Article of the Convention. The Committee reiterates its request to the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by this Article of the Convention.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that, in line, inter alia, with legislation prohibiting the import of asbestos products and according to Report No. 561/4 of 13 July 2009 of the inspectorate of prevention and occupational safety, eternit was replaced by PVC in the manufacture of pipes. The Committee requests the Government to continue to provide information and examples of measures taken to apply national legislation concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee further notes the information indicating that no measures have been taken with regard to reducing the number of workers exposed to carcinogenic substances or agents. The Committee requests the Government to provide information on measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the information indicating that medical records of all workers at undertakings where there is exposure to chemical and other carcinogenic substances or agents are required to be kept, including all medical files which exceed 30 years. The Committee further notes that the Government has no information on measures to protect workers against exposure in undertakings whose activity includes exposure to ionized radiation. The Committee requests the Government to provide detailed examples of measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes the information provided by the Government indicating that there are several small companies that use asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities, as mentioned by the Government in its previous report, but that the Government has no information on the number of such companies, nor the number of workers employed. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

Article 5. Medical examinations. The Committee notes that the Government has not provided a response to the Committee’s query under Article 5. The Committee therefore reiterates its request that the Government provide detailed information on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

Article 6. Labour inspection. The Committee notes that the Government has not included a copy of the latest reports of the labour inspection services, nor information on the manner in which the Convention is applied. The Committee therefore reiterates its request that the Government provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention; and give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information in the Government’s latest report indicating that the Ministry of Labour has formulated a draft decree on the establishment for a National Tripartite Committee on Occupational Safety and Health, which has been referred to the Council of Minister for adoption. The Committee notes that this draft decree specifies that the tasks of the Higher Council will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation; and the proposal of appropriate measures to implement Decree No. 11802/2004 of 30 January 2004 on the organization of health protection and prevention in all institutions governed by the Labour Code. The Committee asks the Government to provide further information on the composition of the abovementioned Higher Council, with reference to Article 5(1) and (2) of the Convention; and to continue to provide information on relevant legislative amendments undertaken with regards to the Convention.

Article 1(2) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee notes the information provided by the Government which indicates the branches of economic activity which have been excluded from the application of the Convention under Decree No. 1594 of 9 March 2009. The Committee asks the Government to provide further information on measures in place to give adequate protection to workers in excluded branches, measures taken towards wider application of the Convention, and to indicate consultations undertaken with the most representative organizations of employers and workers as required under Article 1(2).

Article 3. Definitions. The Committee notes that the Government has not provided specific information on measures that define the terms “air pollution”, “noise” and “vibration”. The Committee asks the Government to indicate the definitions in law of the terms specified in Article 3.

Articles 5(3) and (4) and 7(2). Collaboration between employers and workers; the right of representatives of the employer, and of the workers, to accompany inspectors; and the right of workers, or their representatives, to appeal to appropriate bodies. The Committee notes that the Government has not provided information on specific measures ensuring that effect is given to these provisions of the Convention. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Articles 5(3) and (4) and 7(2).

Article 6(2). Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the information provided by the Government indicating that legislation and regulations will be prepared to ensure the collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee asks the Government to indicate measures undertaken or envisaged to give effect to Article 6(2), and to transmit copies of relevant legislation once it has been adopted.

Article 8. Establishing criteria and determining exposure limits. The Committee notes the information provided by the Government indicating the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, and the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee asks the Government to provide further information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration in the working environment; to indicate how technically competent persons are involved in the establishment of such criteria and exposure limits; and whether such criteria and exposure limits are revised regularly.

Article 9(a). Working environment to be kept free from any hazard due to air pollution or vibration. The Committee notes the information provided by the Government which indicates the technical measures to be undertaken, as provided by section 19 of Decree No. 11802, to keep the working environment free from any hazard due to noise. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that the working environment is to be kept free from any hazard due to air pollution and vibration.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the information provided by the Government indicating the provisions under section 38 of Decree No. 11802, which state that on the basis of required medical examinations, a physician must decide whether a worker should be provided with suitable alternative employment. The Committee further notes that section 19 of the same Decree requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. The Committee asks the Government to provide further information on measures to maintain a worker’s income when they are medically unfit to continue their work, and when alternative employment is not available.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes that the Government has not provided information on measures ensuring that effect is given to this provision of the Convention. The Committee asks the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorise the use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the information provided by the Government indicating that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee asks the Government to provide further information on the specific institutions responsible for the abovementioned research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Employer to appoint a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee asks the Government to provide information on measures undertaken or envisaged to ensure effect is given to the provisions of Article 15, in undertakings with less than 15 workers.

Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country; and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Exclusion of branches of economic activity and consultations with the most representative organizations of employers and workers. The Committee notes the information provided by the Government indicating the branches of economic activity that are excluded from the application of the Convention by section 7 of the Labour Code. The Committee asks the Government to provide further information on measures in place to give adequate protection to workers in excluded branches, measures taken towards a wider application of the Convention, and to indicate consultations undertaken with the most representative organizations of employers and workers, as required under Article 1(2).

Article 2. Definitions. The Committee notes that the Government has not provided specific information on measures that define the terms specified under Article 2. The Committee asks the Government to indicate the definitions in law of the terms specified under this Article.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee, with reference to its comments under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), on the establishment of a National Tripartite Committee on Occupational Safety and Health, hopes that the Government will undertake consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee notes that the Government has not provided information on specific measures ensuring that effect is given to these provisions of the Convention. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Articles 6, 8 and 9 of the Convention.

Articles 7(1)–(3) and 10(1). Marking of all chemicals. The Committee notes that the Government has not provided information on measures ensuring that all chemicals are marked, and that employers shall ensure that all chemicals used at work, not just those that are hazardous, are marked. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Article 7(1) and (3), and Article 10(1).

Articles 10(3), 13(2)(c), 15(b)–(c), and 16. Responsibilities of employers. The Committee notes that the Government has not provided information on the specific measures to give effect to these provisions of the Convention. The Committee asks the Government to indicate measures taken or envisaged to ensure that employers are required to give effect to Article 10(3), Article 13(2)(c), Article 15(b)–(c), and Article 16.

Article 18(2). Right of workers to be protected against undue consequences. The Committee notes the information provided by the Government indicating that, in accordance with section 58 of Decree No. 11802, workers shall remove themselves from any place at work when they have reasonable justification to believe there is an imminent and serious risk to their safety or health. The Committee asks the Government to indicate measures undertaken or envisaged to ensure that workers are protected against undue consequences when they have had recourse to section 58 of Decree No. 11802.

Article 19. Responsibility of exporting States. The Committee notes the Government’s reference to section 52 of Decree No. 11802 which specifies that if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore is communicated to any importing country.

Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided regarding effect given to Article 5(2)(e) of the Convention. It also notes that the draft decree on the establishment of a National Tripartite Committee on Occupational Safety and Health is still under consideration and that this draft decree specifies that the tasks of this high-level committee will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation. The Committee asks the Government to provide further information on the composition and functioning of the abovementioned National Tripartite Committee on Occupational Safety and Health once it has been established as well as on the outcomes of deliberations held in this or other contexts on measures to be taken to ensure a proper implementation of ratified ILO Conventions including the present Convention.

Articles 3 and 4 of the Convention. National policy and technical standards, guidelines or codes. The Committee notes that no new information appears to be available regarding the application of the requirement to develop a coherent national policy on safety and health in mines. As regards available technical standards, guidelines and codes, the Committee notes the reference to section 4 of Decree No. 182/1 of November 1997 regarding environmental requirements that have to be fulfilled in stone quarries, stone crushing plants and demolition waste disposal sites. Given the central importance of Article 3 of the Convention, the Committee urges the Government to engage in discussions with the social partners on the development of such a plan and to submit a copy thereof as soon as it has been adopted. The Committee also requests the Government to continue to provide information on any technical standards, guidelines or codes adopted and to provide copies of them as soon as they have been adopted.

Articles 5(5), 7(a), 7(g), 10(a) and 10(b). Employers’ obligations. With reference to its previous comments on the application of the present provisions, the Committee notes the reference made by the Government to the supervisory functions of the National Council for Quarries and that it is entrusted with continuous monitoring of the compliance by operators of national administrative, environmental and financial licensing requirements. While the supervisory functions of the National Council for Quarries are relevant for the general application of Article 5, the Committee’s queries related more specifically to the measures taken in law and in practice to give effect to the requirements in the referenced articles regarding the employer’s obligations, such as those provided for in Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift. The Committee requests the Government to provide information on measures taken, in law and in practice, to ensure the full application of these provisions of the Convention.

Articles 13 and 14(c). Workers’ rights and obligations. With reference to its previous comments regarding Article 13, the Committee notes that the Government confirms that these provisions are presently not implemented in national legislation, but that these issues will be one of the issues to be considered by the National Tripartite Committee on Occupational Safety and Health that is to be set up and that the report contains no information regarding the implementation of Article 14(c). The Committee requests the Government to provide information on measures taken, in law and in practice, to ensure the full application of these provisions of the Convention.

Articles 5(2)(d) and 10(d). Reporting and carrying out investigations when accidents have occurred. With reference also to its previous comments regarding Article 13, the Committee notes that the Government responds by making detailed reference to the employers’ reporting obligations relating to occupational accidents and diseases in section 38 of Decree No. 11802 of 2004, Decree No. 14229 of 2005 respecting the list of occupational diseases; section 24 of Decree No. 136 of 1983 as well as to sections 119 and 120 of a draft Labour Code restating previous obligations in this respect. Based on an examination of the referenced legislation, the Committee notes it does not appear to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee notes the information that according to Note No. 35/2 of 3 April 2009 the Labour Inspection, Prevention and Safety Department of the Ministry of Labour should include information on work accidents in the annual report on the work of the labour inspectorate. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention. The Committee also requests the Government to indicate whether the referenced annual report of the labour inspectorate also includes information on occupational diseases and dangerous occurrences in accordance with Article 5(2)(d) of the Convention.

Articles 7(i) and 8. Stoppage of work and emergency response plan. The Committee notes that the Government in its response indicates that these issues will be considered by the National Tripartite Committee on Occupational Safety and Health that is to be set up. The Committee requests the Government to provide information on measures taken or envisaged, in law and in practice, to ensure conformity with Articles 7(i) and 8 of the Convention.

Articles 3, 5(2)(f), 13(2) and 15. Consultations and cooperation. The Committee notes that the Government indicates that these provisions are not reflected in national legislation but that these issues will be considered by the National Tripartite Committee on Occupational Safety and Health that is to be set up. The Committee requests the Government to provide information on measures taken or envisaged, in law and in practice, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 12. Two or more employers undertake activities at the same workplace. The Committee notes the Government’s statement that a provision corresponding to Article 12 is included as section 94 in the draft Labour Code that is under consideration. The Committee requests the Government to submit a copy of the draft Labour Code once it has been adopted.

Article 5(4)(c). Abandoned mines. With reference to its previous comment on this matter, the Committee notes the Government’s statement that no information was available on this matter. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that it has no information from the labour inspectorate regarding the practical application of the Convention. With reference to the information provided regarding Note No. 35/2 of 3 April 2009, calling for an annual report on the work of the labour inspectorate, the Committee hopes that the Government will soon be able to submit the requested information in this respect. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, including on the employers’ obligation to report accidents under Article 5(2)(c), the number and cause of accidents recorded and the measures taken to remedy them.

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

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, including the request for information contained in paragraph 30 thereof.

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 6(1), 7(1)–(2) and 8 of the Convention. Permissible doses for various categories of workers. With reference to its previous comment, the Committee notes the information that Decree No. 700 of 1999 has not yet been revised and that discussions are still ongoing in order to ensure greater conformity between its provisions and ratified labour Conventions, including this Convention. The Committee reiterates its requests to the Government to provide information with its next report on whether Decree No. 700 of 1999 has been revised; whether limits have been set for workers under the age of 18 years involved in ionizing radiation work; whether there is a general prohibition to engage workers under the age of 16 in such work; and to provide information on measures taken to develop rules applicable to pregnant women. The Committee also requests the Government to provide copies of any applicable legislation.

Article 9(2). Training and information. The Committee notes the information that the Government set up a committee on 30 June 2009 for the consideration of, inter alia, international labour Conventions with the mandate to, inter alia, take measures to ensure compliance with the present provision, namely the “training and information of workers exposed to ionozing radiation.” The Committee reiterates its request to the Government to provide information regarding the issuance of rules ensuring the full application of Article 9(2) of the Convention and to transmit copies of relevant legislation, once it has been adopted.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the indication that the Government does not dispose of information with respect to provisions requiring employers to take remedial action based on technical findings and medical advice. The Committee urges the Government to take relevant measures, in law and in practice, to ensure compliance with this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes the information that neither the Social Security Act nor other related regulations have ever addressed workers’ income insurance or maintenance. The Committee also notes that, according to the 2009 report of the Prevention and Safety Inspectorate, enterprises whose activities involve exposure to ionizing radiation work are limited to health-care establishments, which keep records on the extent and amount of exposure to ionizing radiation work and that, should the amount of exposure exceed the prescribed level, the workers concerned should be transferred to another radiation-free job. The Committee requests the Government to provide further information on whether the provision of alternative employment as indicated is legally regulated and whether other measures are offered for workers to maintain their income where their continued assignment to work involving exposure is medically inadvisable. It also requests the Government to provide information regarding the practical application of the provision of alternative employment to workers where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

Article 15. Labour inspection. Application in practice. The Committee notes that the Government indicates that it does not dispose of information regarding the application of the Convention in practice. The Committee would like to draw the Government’s attention to the obligation in Article 15 which requires the Government to provide appropriate inspection for the purposes of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out. It therefore reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, the number and nature of contraventions reported, the number and cause of accidents recorded, and the measures taken to remedy them, and the individual protective equipment allocated to workers, such as dosimeters.

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

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

Repetition

Articles 6(1), 7(1)–(2) and 8 of the Convention. Permissible doses for various categories of workers. With reference to its previous comment, the Committee notes the information that Decree No. 700 of 1999 has not yet been revised and that discussions are still ongoing in order to ensure greater conformity between its provisions and ratified labour Conventions, including this Convention. The Committee reiterates its requests to the Government to provide information with its next report on whether Decree No. 700 of 1999 has been revised; whether limits have been set for workers under the age of 18 years involved in ionizing radiation work; whether there is a general prohibition to engage workers under the age of 16 in such work; and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP), to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

Article 9(2). Training and information. The Committee notes the information that the Government set up a committee on 30 June 2009 for the consideration of, inter alia, international labour Conventions with the mandate to, inter alia, take measures to ensure compliance with the present provision, namely the “training and information of workers exposed to ionozing radiation.” The Committee reiterates its request to the Government to provide information regarding the issuance of rules ensuring the full application of Article 9(2) of the Convention and to transmit copies of relevant legislation, once it has been adopted.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the indication that the Government does not dispose of information with respect to provisions requiring employers to take remedial action based on technical findings and medical advice. The Committee urges the Government to take relevant measures, in law and in practice, to ensure compliance with this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes the information that neither the Social Security Act nor other related regulations have ever addressed workers’ income insurance or maintenance. The Committee also notes that, according to the 2009 report of the Prevention and Safety Inspectorate, enterprises whose activities involve exposure to ionizing radiation work are limited to health-care establishments, which keep records on the extent and amount of exposure to ionizing radiation work and that, should the amount of exposure exceed the prescribed level, the workers concerned should be transferred to another radiation-free job. The Committee requests the Government to provide further information on whether the provision of alternative employment as indicated is legally regulated and whether other measures are offered for workers to maintain their income where their continued assignment to work involving exposure is medically inadvisable. It also requests the Government to provide information regarding the practical application of the provision of alternative employment to workers where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

Part V of the report form. Application in practice. Article 15. Labour inspection. The Committee notes that the Government indicates that it does not dispose of information regarding the application of the Convention in practice. The Committee would like to draw the Government’s attention to the obligation in Article 15 which requires the Government to provide appropriate inspection for the purposes of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out. It therefore reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, the number and nature of contraventions reported, the number and cause of accidents recorded, and the measures taken to remedy them, and the individual protective equipment allocated to workers, such as dosimeters.

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

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

Repetition

Article 5 of the Convention. Tripartite committee. The Committee notes the information in the Government’s latest report indicating that the Ministry for Labour has formulated a draft decree on the establishment of a National Tripartite Committee on Occupational Safety and Health, which has been referred to the Council of Ministers for adoption. The Committee notes that this draft decree specifies that the tasks of this Committee will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation; and the proposal of appropriate measures to implement Decree No. 11802/2004 of 30 January 2004. The Committee requests the Government to provide further information on the progress in relation to the establishment of the National Tripartite Committee for Occupational Safety and Health and to transmit copies of the relevant decree as soon as it has been adopted.

Article 6. Labour inspection. The Committee notes the information that the number of labour inspectors trained as occupational physicians has increased by seven, bringing the total number to 11 (of which two are women); the number of labour inspectors trained as safety engineers has increased by nine bringing the total number to 12 (of which five are women); and the number of labour inspectors has increased by ten, bringing the total number to 24 (of which nine are women). It also notes that, in addition, there are 45 assistant labour inspectors (of which 13 are women). The Committee also notes that these personnel have been assigned to different geographical regions of the country as part of the initiative to strengthen labour inspection and extend its coverage. The Committee requests the Government to provide further information on the impact of these new developments and to provide copies of the latest reports of the labour inspection services on cases that raise issues relating to matters covered by the Convention.

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

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

Repetition

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads which may be transported manually by workers of both gender and workers under 18 years of age. The Committee notes the information that a Committee charged with the consideration of international Conventions by virtue of Note No. 58/1 of 30 June 2009 will ensure that a schedule is added to Decree No. 11892 of 20 June 2004 which will specify that the maximum limits on loads which may be transported manually by adult male workers; and that the Occupational Prevention and Safety Inspectorate of the Ministry of Labour has recommended 30 kg as the maximum limit on loads. The Committee also notes that the application of this Convention, as well as of other Conventions ratified by Lebanon, will be examined by the high level Tripartite National Committee for Occupational Safety and Health which is being established. The Committee requests the Government to keep the Office informed of any further developments as regards the determination of maximum weight limits on loads that may be transported by workers of both gender and workers under 18 years of age.

Article 5. Training of workers before their assignment with a view to preventing accidents. The Committee notes the information that the Permanent Committee on Trade Union Training and Workers’ Education has not yet been established, but that it is part of the planned mandate of the high-level Tripartite National Committee for Occupational Safety and Health which is being established. The Committee notes the information that a training course for 11 physician–inspectors and 12 engineer inspectors was organized on 18 July 2009 for the Occupational Prevention and Safety Inspectorate of the Ministry of Labour in cooperation with the United Nations Development Programme and the Regional Office for the Arab States in Beirut. The Committee hopes that the Permanent Committee on Trade Union Training and Workers’ Education will be established in the near future and that the application of the Convention will continue to be improved through training targeting labour inspectors, employers and workers, where possible, in the context of technical cooperation programmes undertaken by Lebanon and relevant international organizations, including the ILO.

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

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

Repetition

The Committee notes the information provided by the Government in its latest report and notes the Government’s request for technical assistance with regard to undertaking measures to ensure protection and accident prevention for workers exposed to benzene and products containing benzene. The Committee also notes the information provided by the Government indicating effect given to Article 5 of the Convention. The Committee asks the Government to indicate whether measures have been undertaken to give full effect to Article 4(1) on the prohibition of the use of benzene and products containing benzene in certain work processes, and Article 13 on the provision of instructions to workers exposed to benzene and products containing benzene in the course of their work.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating that Memorandum No. 35/2 of 3 April 2009 requires the inspectorate of labour, prevention and safety to include in their annual report information on the number and nature of contraventions which occur, and extracts from their inspection reports. The Committee asks the Government to provide a copy of the inspectorate’s annual report with its next report; and information on the number, nature and cause of occupational accidents.

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

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

Repetition

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes that, as a result of the work of the joint body set up to issue a national list of occupational diseases, Decree No. 14229 of 26 February 2005 relating to occupational diseases was promulgated and that a copy of this decree was joined to the Government’s report. The Committee notes, however, that this decree does not regulate the question of a periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or subjected to authorization or control as required by this Article of the Convention. The Committee reiterates its request to the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by this Article of the Convention.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that, in line, inter alia, with legislation prohibiting the import of asbestos products and according to Report No. 561/4 of 13 July 2009 of the inspectorate of prevention and occupational safety, eternit was replaced by PVC in the manufacture of pipes. The Committee requests the Government to continue to provide information and examples of measures taken to apply national legislation concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee further notes the information indicating that no measures have been taken with regard to reducing the number of workers exposed to carcinogenic substances or agents. The Committee requests the Government to provide information on measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the information indicating that medical records of all workers at undertakings where there is exposure to chemical and other carcinogenic substances or agents are required to be kept, including all medical files which exceed 30 years. The Committee further notes that the Government has no information on measures to protect workers against exposure in undertakings whose activity includes exposure to ionized radiation. The Committee requests the Government to provide detailed examples with its next report on measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes the information provided by the Government indicating that there are several small companies that use asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities, as mentioned by the Government in its previous report, but that the Government has no information on the number of such companies, nor the number of workers employed. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

Article 5. Medical examinations. The Committee notes that the Government has not provided a response to the Committee’s query under Article 5. The Committee therefore reiterates its request that the Government provide detailed information with its next report on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

Article 6. Labour inspection. The Committee notes that the Government has not included a copy of the latest reports of the labour inspection services, nor information on the manner in which the Convention is applied. The Committee therefore reiterates its request that the Government provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention; and give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

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

Repetition

The Committee notes the information in the Government’s latest report indicating that the Ministry of Labour has formulated a draft decree on the Establishment for a Higher National Council for Occupational Safety and Health, which has been referred to the Council of Minister for adoption. The Committee notes that this draft decree specifies that the tasks of the Higher Council will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation; and the proposal of appropriate measures to implement Decree No. 11802/2004 of 30 January 2004 on the organization of health protection and prevention in all institutions governed by the Labour Code. The Committee asks the Government to provide further information on the composition of the abovementioned Higher Council, with reference to Article 5(1) and (2) of the Convention; and to continue to provide information on relevant legislative amendments undertaken with regards to the Convention.

Article 1(2) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee notes the information provided by the Government which indicates the branches of economic activity which have been excluded from the application of the Convention under Decree No. 1594 of 9 March 2009. The Committee asks the Government to provide further information on measures in place to give adequate protection to workers in excluded branches, measures taken towards wider application of the Convention, and to indicate consultations undertaken with the most representative organizations of employers and workers as required under Article 1(2).

Article 3. Definitions. The Committee notes that the Government has not provided specific information on measures that define the terms “air pollution”, “noise” and “vibration”. The Committee asks the Government to indicate the definitions in law of the terms specified in Article 3.

Articles 5(3) and (4) and 7(2). Collaboration between employers and workers; the right of representatives of the employer, and of the workers, to accompany inspectors; and the right of workers, or their representatives, to appeal to appropriate bodies. The Committee notes that the Government has not provided information on specific measures ensuring that effect is given to these provisions of the Convention. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Articles 5(3) and (4) and 7(2).

Article 6(2). Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the information provided by the Government indicating that legislation and regulations will be prepared to ensure the collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee asks the Government to indicate measures undertaken or envisaged to give effect to Article 6(2), and to transmit copies of relevant legislation once it has been adopted.

Article 8. Establishing criteria and determining exposure limits. The Committee notes the information provided by the Government indicating the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, and the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee asks the Government to provide further information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration in the working environment; to indicate how technically competent persons are involved in the establishment of such criteria and exposure limits; and whether such criteria and exposure limits are revised regularly.

Article 9(a). Working environment to be kept free from any hazard due to air pollution or vibration. The Committee notes the information provided by the Government which indicates the technical measures to be undertaken, as provided by section 19 of Decree No. 11802, to keep the working environment free from any hazard due to noise. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that the working environment is to be kept free from any hazard due to air pollution and vibration.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the information provided by the Government indicating the provisions under section 38 of Decree No. 11802, which state that on the basis of required medical examinations, a physician must decide whether a worker should be provided with suitable alternative employment. The Committee further notes that section 19 of the same Decree requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. The Committee asks the Government to provide further information on measures to maintain a worker’s income when they are medically unfit to continue their work, and when alternative employment is not available.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes that the Government has not provided information on measures ensuring that effect is given to this provision of the Convention. The Committee asks the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorise the use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the information provided by the Government indicating that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee asks the Government to provide further information on the specific institutions responsible for the abovementioned research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Employer to appoint a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee asks the Government to provide information on measures undertaken or envisaged to ensure effect is given to the provisions of Article 15, in undertakings with less than 15 workers.

Part IV of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country; and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

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

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

Repetition

Article 1 of the Convention. Exclusion of branches of economic activity and consultations with the most representative organizations of employers and workers. The Committee notes the information provided by the Government indicating the branches of economic activity that are excluded from the application of the Convention by section 7 of the Labour Code. The Committee asks the Government to provide further information on measures in place to give adequate protection to workers in excluded branches, measures taken towards a wider application of the Convention, and to indicate consultations undertaken with the most representative organizations of employers and workers, as required under Article 1(2).

Article 2. Definitions. The Committee notes that the Government has not provided specific information on measures that define the terms specified under Article 2. The Committee asks the Government to indicate the definitions in law of the terms specified under this Article.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee, with reference to its comments under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), on the establishment of a Higher National Council for Occupational Safety and Health, hopes that the Government will undertake consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee notes that the Government has not provided information on specific measures ensuring that effect is given to these provisions of the Convention. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Articles 6, 8 and 9 of the Convention.

Articles 7(1)–(3) and 10(1). Marking of all chemicals. The Committee notes that the Government has not provided information on measures ensuring that all chemicals are marked, and that employers shall ensure that all chemicals used at work, not just those that are hazardous, are marked. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Article 7(1) and (3), and Article 10(1).

Articles 10(3), 13(2)(c), 15(b)–(c), and 16. Responsibilities of employers. The Committee notes that the Government has not provided information on the specific measures to give effect to these provisions of the Convention. The Committee asks the Government to indicate measures taken or envisaged to ensure that employers are required to give effect to Article 10(3), Article 13(2)(c), Article 15(b)–(c), and Article 16.

Article 18(2). Right of workers to be protected against undue consequences. The Committee notes the information provided by the Government indicating that, in accordance with section 58 of Decree No. 11802, workers shall remove themselves from any place at work when they have reasonable justification to believe there is an imminent and serious risk to their safety or health. The Committee asks the Government to indicate measures undertaken or envisaged to ensure that workers are protected against undue consequences when they have had recourse to section 58 of Decree No. 11802.

Article 19. Responsibility of exporting States. The Committee notes the Government’s reference to section 52 of Decree No. 11802 which specifies that if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore is communicated to any importing country.

Part IV of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

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

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

Repetition

The Committee notes the information provided regarding effect given to Article 5(2)(e) of the Convention. It also notes that the draft decree on the establishment of a high-level national tripartite council for occupational safety and health is still under consideration and that this draft decree specifies that the tasks of this high-level committee will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation. The Committee asks the Government to provide further information on the composition and functioning of the abovementioned high-level committee once it has been established as well as on the outcomes of deliberations held in this or other contexts on measures to be taken to ensure a proper implementation of ratified ILO Conventions including the present Convention.

Articles 3 and 4 of the Convention. National policy and technical standards, guidelines or codes. The Committee notes that no new information appears to be available regarding the application of the requirement to develop a coherent national policy on safety and health in mines. As regards available technical standards, guidelines and codes, the Committee notes the reference to section 4 of Decree No. 182/1 of November 1997 regarding environmental requirements that have to be fulfilled in stone quarries, stone crushing plants and demolition waste disposal sites. Given the central importance of Article 3 of the Convention, the Committee urges the Government to engage in discussions with the social partners on the development of such a plan and to submit a copy thereof as soon as it has been adopted. The Committee also requests the Government to continue to provide information on any technical standards, guidelines or codes adopted and to provide copies of them as soon as they have been adopted.

Articles 5(5), 7(a), 7(g), 10(a) and 10(b). Employers’ obligations. With reference to its previous comments on the application of the present provisions, the Committee notes the reference made by the Government to the supervisory functions of the National Council for Quarries and that it is entrusted with continuous monitoring of the compliance by operators of national administrative, environmental and financial licensing requirements. While the supervisory functions of the National Council for Quarries are relevant for the general application of Article 5, the Committee’s queries related more specifically to the measures taken in law and in practice to give effect to the requirements in the referenced articles regarding the employer’s obligations, such as those provided for in Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift. The Committee requests the Government to provide information on measures taken, in law and in practice, to ensure the full application of these provisions of the Convention.

Articles 13 and 14(c). Workers’ rights and obligations. With reference to its previous comments regarding Article 13, the Committee notes that the Government confirms that these provisions are presently not implemented in national legislation, but that these issues will be one of the issues to be considered by the high-level national tripartite committee that is to be set up and that the report contains no information regarding the implementation of Article 14(c). The Committee requests the Government to provide information on measures taken, in law and in practice, to ensure the full application of these provisions of the Convention.

Articles 5(2)(d) and 10(d). Reporting and carrying out investigations when accidents have occurred. With reference also to its previous comments regarding Article 13, the Committee notes that the Government responds by making detailed reference to the employers’ reporting obligations relating to occupational accidents and diseases in section 38 of Decree No. 11802 of 2004, Decree No. 14229 of 2005 respecting the list of occupational diseases; section 24 of Decree No. 136 of 1983 as well as to sections 119 and 120 of a draft Labour Code restating previous obligations in this respect. Based on an examination of the referenced legislation, the Committee notes it does not appear to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee notes the information that according to Note No. 35/2 of 3 April 2009 the Labour Inspection, Prevention and Safety Department of the Ministry of Labour should include information on work accidents in the annual report on the work of the labour inspectorate. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention. The Committee also requests the Government to indicate whether the referenced annual report of the labour inspectorate also includes information on occupational diseases and dangerous occurrences in accordance with Article 5(2)(d) of the Convention.

Articles 7(i) and 8. Stoppage of work and emergency response plan. The Committee notes that the Government in its response indicates that these issues will be considered by the high-level national tripartite committee that is to be set up. The Committee requests the Government to provide information on measures taken or envisaged, in law and in practice, to ensure conformity with Articles 7(i) and 8 of the Convention.

Articles 3, 5(2)(f), 13(2) and 15. Consultations and cooperation. The Committee notes that the Government indicates that these provisions are not reflected in national legislation but that these issues will be considered by the high-level national tripartite committee that is to be set up. The Committee requests the Government to provide information on measures taken or envisaged, in law and in practice, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 12. Two or more employers undertake activities at the same workplace. The Committee notes the Government’s statement that a provision corresponding to Article 12 is included as section 94 in the draft Labour Code that is under consideration. The Committee requests the Government to submit a copy of the draft Labour Code once it has been adopted.

Article 5(4)(c). Abandoned mines. With reference to its previous comment on this matter, the Committee notes the Government’s statement that no information was available on this matter. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that it has no information from the labour inspectorate regarding the practical application of the Convention. With reference to the information provided regarding Note No. 35/2 of 3 April 2009, calling for an annual report on the work of the labour inspectorate, the Committee hopes that the Government will soon be able to submit the requested information in this respect. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, including on the employers’ obligation to report accidents under Article 5(2)(c), the number and cause of accidents recorded and the measures taken to remedy them.

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

Articles 6(1), 7(1)–(2) and 8 of the Convention. Permissible doses for various categories of workers. With reference to its previous comment, the Committee notes the information that Decree No. 700 of 1999 has not yet been revised and that discussions are still ongoing in order to ensure greater conformity between its provisions and ratified labour Conventions, including this Convention. The Committee reiterates its requests to the Government to provide information with its next report on whether Decree No. 700 of 1999 has been revised; whether limits have been set for workers under the age of 18 years involved in ionizing radiation work; whether there is a general prohibition to engage workers under the age of 16 in such work; and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP), to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

Article 9(2). Training and information. The Committee notes the information that the Government set up a committee on 30 June 2009 for the consideration of, inter alia, international labour Conventions with the mandate to, inter alia, take measures to ensure compliance with the present provision, namely the “training and information of workers exposed to ionozing radiation.” The Committee reiterates its request to the Government to provide information regarding the issuance of rules ensuring the full application of Article 9(2) of the Convention and to transmit copies of relevant legislation, once it has been adopted.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the indication that the Government does not dispose of information with respect to provisions requiring employers to take remedial action based on technical findings and medical advice. The Committee urges the Government to take relevant measures, in law and in practice, to ensure compliance with this provision of the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes the information that neither the Social Security Act nor other related regulations have ever addressed workers’ income insurance or maintenance. The Committee also notes that, according to the 2009 report of the Prevention and Safety Inspectorate, enterprises whose activities involve exposure to ionizing radiation work are limited to health-care establishments, which keep records on the extent and amount of exposure to ionizing radiation work and that, should the amount of exposure exceed the prescribed level, the workers concerned should be transferred to another radiation-free job. The Committee requests the Government to provide further information on whether the provision of alternative employment as indicated is legally regulated and whether other measures are  offered for workers to maintain their income where their continued assignment to work involving exposure is medically inadvisable. It also requests the Government to provide information regarding the practical application of the provision of alternative employment to workers where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

Part V of the report form. Application in practice. Article 15. Labour inspection. The Committee notes that the Government indicates that it does not dispose of information regarding the application of the Convention in practice. The Committee would like to draw the Government’s attention to the obligation in Article 15 which requires the Government to provide appropriate inspection for the purposes of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out. It therefore reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, the number and nature of contraventions reported, the number and cause of accidents recorded, and the measures taken to remedy them, and the individual protective equipment allocated to workers, such as dosimeters.

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

Article 5 of the Convention. Tripartite committee. The Committee notes the information in the Government’s latest report indicating that the Ministry for Labour has formulated a draft decree on the establishment of a National Tripartite Committee on Occupational Safety and Health, which has been referred to the Council of Ministers for adoption. The Committee notes that this draft decree specifies that the tasks of this Committee will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation; and the proposal of appropriate measures to implement Decree No. 11802/2004 of 30 January 2004. The Committee requests the Government to provide further information on the progress in relation to the establishment of the National Tripartite Committee for Occupational Safety and Health and to transmit copies of the relevant decree as soon as it has been adopted.

Article 6. Labour inspection. The Committee notes with interest information that the number of labour inspectors trained as occupational physicians has increased by seven, bringing the total number to 11 (of which two are women); the number of labour inspectors trained as safety engineers has increased by nine bringing the total number to 12 (of which five are women); and the number of labour inspectors has increased by ten, bringing the total number to 24 (of which nine are women). It also notes that, in addition, there are 45 assistant labour inspectors (of which 13 are women). The Committee also notes that these personnel have been assigned to different geographical regions of the country as part of the initiative to strengthen labour inspection and extend its coverage. The Committee requests the Government to provide further information on the impact of these new developments and to provide copies of the latest reports of the labour inspection services on cases that raise issues relating to matters covered by the Convention.

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

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads which may be transported manually by workers of both gender and workers under 18 years of age. The Committee notes the information that a Committee charged with the consideration of international Conventions by virtue of Note No. 58/1 of 30 June 2009 will ensure that a schedule is added to Decree No. 11892 of 20 June 2004 which will specify that the maximum limits on loads which may be transported manually by adult male workers; and that the Occupational Prevention and Safety Inspectorate of the Ministry of Labour has recommended 30 kg as the maximum limit on loads. The Committee also notes that the application of this Convention, as well as of other Conventions ratified by Lebanon, will be examined by the high level Tripartite National Committee for Occupational Safety and Health which is being established. The Committee requests the Government to keep the Office informed of any further developments as regards the determination of maximum weight limits on loads that may be transported by workers of both gender and workers under 18 years of age.

Article 5. Training of workers before their assignment with a view to preventing accidents. The Committee notes the information that the Permanent Committee on Trade Union Training and Workers’ Education has not yet been established, but that it is part of the planned mandate of the high-level Tripartite National Committee for Occupational Safety and Health which is being established. The Committee notes the information that a training course for
11 physician–inspectors and 12 engineer inspectors was organized on 18 July 2009 for the Occupational Prevention and Safety Inspectorate of the Ministry of Labour in cooperation with the United Nations Development Programme and the Regional Office for the Arab States in Beirut. The Committee hopes that the Permanent Committee on Trade Union Training and Workers’ Education will be established in the near future and that the application of the Convention will continue to be improved through training targeting labour inspectors, employers and workers, where possible, in the context of technical cooperation programmes undertaken by Lebanon and relevant international organizations, including the ILO.

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

The Committee notes the information provided regarding effect given to Article 5(2)(e) of the Convention. It also notes that the draft decree on the establishment of a high-level national tripartite council for occupational safety and health is still under consideration and that this draft decree specifies that the tasks of this high-level committee will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation. The Committee asks the Government to provide further information on the composition and functioning of the abovementioned high-level committee once it has been established as well as on the outcomes of deliberations held in this or other contexts on measures to be taken to ensure a proper implementation of ratified ILO Conventions including the present Convention.

Articles 3 and 4 of the Convention. National policy and technical standards, guidelines or codes. The Committee notes that no new information appears to be available regarding the application of the requirement to develop a coherent national policy on safety and health in mines. As regards available technical standards, guidelines and codes, the Committee notes the reference to section 4 of Decree No. 182/1 of November 1997 regarding environmental requirements that have to be fulfilled in stone quarries, stone crushing plants and demolition waste disposal sites. Given the central importance of Article 3 of the Convention, the Committee urges the Government to engage in discussions with the social partners on the development of such a plan and to submit a copy thereof as soon as it has been adopted. The Committee also requests the Government to continue to provide information on any technical standards, guidelines or codes adopted and to provide copies of them as soon as they have been adopted.

Articles 5(5), 7(a), 7(g), 10(a) and 10(b). Employers’ obligations. With reference to its previous comments on the application of the present provisions, the Committee notes the reference made by the Government to the supervisory functions of the National Council for Quarries and that it is entrusted with continuous monitoring of the compliance by operators of national administrative, environmental and financial licensing requirements. While the supervisory functions of the National Council for Quarries are relevant for the general application of Article 5, the Committee’s queries related more specifically to the measures taken in law and in practice to give effect to the requirements in the referenced articles regarding the employer’s obligations, such as those provided for in Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of  adequate supervision and control of each shift. The Committee requests the Government to provide information on measures taken, in law and in practice, to ensure the full application of these provisions of the Convention.

Articles 13 and 14(c). Workers’ rights and obligations. With reference to its previous comments regarding Article 13, the Committee notes that the Government confirms that these provisions are presently not implemented in national legislation, but that these issues will be one of the issues to be considered by the high-level national tripartite committee that is to be set up and that the report contains no information regarding the implementation of Article 14(c). The Committee requests the Government to provide information on measures taken, in law and in practice, to ensure the full application of these provisions of the Convention.

Articles 5(2)(d) and 10(d). Reporting and carrying out investigations when accidents have occurred. With reference also to its previous comments regarding Article 13, the Committee notes that the Government responds by making detailed reference to the employers’ reporting obligations relating to occupational accidents and diseases in section 38 of Decree No. 11802 of 2004, Decree No. 14229 of 2005 respecting the list of occupational diseases; section 24 of Decree No. 136 of 1983 as well as to sections 119 and 120 of a draft Labour Code restating previous obligations in this respect. Based on an examination of the referenced legislation, the Committee notes it does not appear to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee notes the information that according to Note No. 35/2 of 3 April 2009 the Labour Inspection, Prevention and Safety Department of the Ministry of Labour should include information on work accidents in the annual report on the work of the labour inspectorate. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention. The Committee also requests the Government to indicate whether the referenced annual report of the labour inspectorate also includes information on occupational diseases and dangerous occurrences in accordance with Article 5(2)(d) of the Convention.

Articles 7(i) and 8. Stoppage of work and emergency response plan. The Committee notes that the Government in its response indicates that these issues will be considered by the high-level national tripartite committee that is to be set up. The Committee requests the Government to provide information on measures taken or envisaged, in law and in practice, to ensure conformity with Articles 7(i) and 8 of the Convention.

Articles 3, 5(2)(f), 13(2) and 15. Consultations and cooperation. The Committee notes that the Government indicates that these provisions are not reflected in national legislation but that these issues will be considered by the high-level national tripartite committee that is to be set up. The Committee requests the Government to provide information on measures taken or envisaged, in law and in practice, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 12. Two or more employers undertake activities at the same workplace. The Committee notes the Government’s statement that a provision corresponding to Article 12 is included as section 94 in the draft Labour Code that is under consideration. The Committee requests the Government to submit a copy of the draft Labour Code once it has been adopted.

Article 5(4)(c). Abandoned mines. With reference to its previous comment on this matter, the Committee notes the Government’s statement that no information was available on this matter. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government indicates that it has no information from the labour inspectorate regarding the practical application of the Convention. With reference to the information provided regarding Note No. 35/2 of 3 April 2009, calling for an annual report on the work of the labour inspectorate, the Committee hopes that the Government will soon be able to submit the requested information in this respect. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by gender, including on the employers’ obligation to report accidents under Article 5(2)(c), the number and cause of accidents recorded and the measures taken to remedy them.

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

Article 1 of the Convention. Exclusion of branches of economic activity and consultations with the most representative organizations of employers and workers. The Committee notes the information provided by the Government indicating the branches of economic activity that are excluded from the application of the Convention by section 7 of the Labour Code. The Committee asks the Government to provide further information on measures in place to give adequate protection to workers in excluded branches, measures taken towards a wider application of the Convention, and to indicate consultations undertaken with the most representative organizations of employers and workers, as required under Article 1(2).

Article 2. Definitions. The Committee notes that the Government has not provided specific information on measures that define the terms specified under Article 2. The Committee asks the Government to indicate the definitions in law of the terms specified under this Article.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee, with reference to its comments under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), on the establishment of a Higher National Council for Occupational Safety and Health, hopes that the Government will undertake consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee notes that the Government has not provided information on specific measures ensuring that effect is given to these provisions of the Convention. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Articles 6, 8 and 9 of the Convention.

Article 7, paragraphs 1 and 3, and Article 10, paragraph 1. Marking of all chemicals. The Committee notes that the Government has not provided information on measures ensuring that all chemicals are marked, and that employers shall ensure that all chemicals used at work, not just those that are hazardous, are marked. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Article 7(1) and (3), and Article 10(1).

Article 10, paragraph 3, Article 13, paragraph 2(c), Article 15, subparagraphs (b) and (c), and Article 16. Responsibilities of employers. The Committee notes that the Government has not provided information on the specific measures to give effect to these provisions of the Convention. The Committee asks the Government to indicate measures taken or envisaged to ensure that employers are required to give effect to Article 10(3), Article 13(2)(c), Article 15(b) and (c), and Article 16.

Article 18, paragraph 2. Right of workers to be protected against undue consequences. The Committee notes the information provided by the Government indicating that, in accordance with section 58 of Decree No. 11802, workers shall remove themselves from any place at work when they have reasonable justification to believe there is an imminent and serious risk to their safety or health. The Committee asks the Government to indicate measures undertaken or envisaged to ensure that workers are protected against undue consequences when they have had recourse to section 58 of Decree No. 11802.

Article 19. Responsibility of exporting States. The Committee notes the Government’s reference to section 52 of Decree No. 11802 which specifies that if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore is communicated to any importing country.

Part IV of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

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

The Committee notes the information provided by the Government in its latest report and notes the Government’s request for technical assistance with regard to undertaking measures to ensure protection and accident prevention for workers exposed to benzene and products containing benzene. The Committee also notes the information provided by the Government indicating effect given to Article 5 of the Convention. The Committee asks the Government to indicate whether measures have been undertaken to give full effect to Article 4(1) on the prohibition of the use of benzene and products containing benzene in certain work processes, and Article 13 on the provision of instructions to workers exposed to benzene and products containing benzene in the course of their work.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating that Memorandum No. 35/2 of 3 April 2009 requires the inspectorate of labour, prevention and safety to include in their annual report information on the number and nature of contraventions which occur, and extracts from their inspection reports. The Committee asks the Government to provide a copy of the inspectorate’s annual report with its next report; and information on the number, nature and cause of occupational accidents.

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

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes with interest that, as a result of the work of the joint body set up to issue a national list of occupational diseases, Decree No. 14229 of 26 February 2005 relating to occupational diseases was promulgated and that a copy of this decree was joined to the Government’s report. The Committee notes, however, that this decree does not regulate the question of a periodical determination of carcinogenic substances and agents to which occupational exposure is prohibited or subjected to authorization or control as required by this Article of the Convention. The Committee reiterates its request to the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by this Article of the Convention.

Article 2, paragraph 1. Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes the information provided by the Government indicating that, in line, inter alia, with legislation prohibiting the import of asbestos products and according to Report No. 561/4 of 13 July 2009 of the inspectorate of prevention and occupational safety, eternit was replaced by PVC in the manufacture of pipes. The Committee requests the Government to continue to provide information and examples of measures taken to apply national legislation concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2, paragraph 2. Limiting the number of workers exposed to carcinogenic substances. The Committee further notes the information indicating that no measures have been taken with regard to reducing the number of workers exposed to carcinogenic substances or agents. The Committee requests the Government to provide information on measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. The Committee notes the information indicating that medical records of all workers at undertakings where there is exposure to chemical and other carcinogenic substances or agents are required to be kept, including all medical files which exceed 30 years. The Committee further notes that the Government has no information on measures to protect workers against exposure in undertakings whose activity includes exposure to ionized radiation. The Committee requests the Government to provide detailed examples with its next report on measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6, subparagraph (a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes the information provided by the Government indicating that there are several small companies that use asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities, as mentioned by the Government in its previous report, but that the Government has no information on the number of such companies, nor the number of workers employed. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

Article 5. Medical examinations. The Committee notes that the Government has not provided a response to the Committee’s query under Article 5. The Committee therefore reiterates its request that the Government provide detailed information with its next report on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

Article 6. Labour inspection. The Committee notes that the Government has not included a copy of the latest reports of the labour inspection services, nor information on the manner in which the Convention is applied. The Committee therefore reiterates its request that the Government provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention; and give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

The Committee notes with interest the information in the Government’s latest report indicating that the Ministry of Labour has formulated a draft decree on the Establishment for a Higher National Council for Occupational Safety and Health, which has been referred to the Council of Minister for adoption. The Committee notes that this draft decree specifies that the tasks of the Higher Council will include the examination of ratified ILO Conventions and proposals of appropriate mechanisms, including legislation, for their implementation; and the proposal of appropriate measures to implement Decree No. 11802/2004 of 30 January 2004 on the organization of health protection and prevention in all institutions governed by the Labour Code. The Committee asks the Government to provide further information on the composition of the abovementioned Higher Council, with reference to Article 5(1) and (2) of the Convention; and to continue to provide information on relevant legislative amendments undertaken with regards to the Convention.

Article 1, paragraph 2, of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organisations of employers and workers. The Committee notes the information provided by the Government which indicates the branches of economic activity which have been excluded from the application of the Convention under Decree No. 1594 of 9 March 2009. The Committee asks the Government to provide further information on measures in place to give adequate protection to workers in excluded branches, measures taken towards wider application of the Convention, and to indicate consultations undertaken with the most representative organizations of employers and workers as required under Article 1(2).

Article 3. Definitions. The Committee notes that the Government has not provided specific information on measures that define the terms “air pollution”, “noise” and “vibration”. The Committee asks the Government to indicate the definitions in law of the terms specified in Article 3.

Article 5, paragraphs 3 and 4, and 7, paragraph 2. Collaboration between employers and workers; the right of representatives of the employer, and of the workers, to accompany inspectors; and the right of workers, or their representatives, to appeal to appropriate bodies. The Committee notes that the Government has not provided information on specific measures ensuring that effect is given to these provisions of the Convention. The Committee asks the Government to provide further information on the measures undertaken or envisaged to give full effect to Article 5(3) and (4), and Article 7(2).

Article 6, paragraph 2. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the information provided by the Government indicating that legislation and regulations will be prepared to ensure the collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee asks the Government to indicate measures undertaken or envisaged to give effect to Article 6(2), and to transmit copies of relevant legislation once it has been adopted.

Article 8. Establishing criteria and determining exposure limits. The Committee notes the information provided by the Government indicating the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, and the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee asks the Government to provide further information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration in the working environment; to indicate how technically competent persons are involved in the establishment of such criteria and exposure limits; and whether such criteria and exposure limits are revised regularly. The Committee also asks the Government to submit a copy of Decision No. 1/8 of 30 January 2001 with its next report.

Article 9, subparagraph (a). Working environment to be kept free from any hazard due to air pollution or vibration. The Committee notes the information provided by the Government which indicates the technical measures to be undertaken, as provided by section 19 of Decree No. 11802, to keep the working environment free from any hazard due to noise. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that the working environment is to be kept free from any hazard due to air pollution and vibration.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the information provided by the Government indicating the provisions under section 38 of Decree No. 11802, which state that on the basis of required medical examinations, a physician must decide whether a worker should be provided with suitable alternative employment. The Committee further notes that section 19 of the same Decree requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. The Committee asks the Government to provide further information on measures to maintain a worker’s income when they are medically unfit to continue their work, and when alternative employment is not available.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee notes that the Government has not provided information on measures ensuring that effect is given to this provision of the Convention. The Committee asks the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorise the use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the information provided by the Government indicating that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee asks the Government to provide further information on the specific institutions responsible for the abovementioned research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Employer to appoint a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee asks the Government to provide information on measures undertaken or envisaged to ensure effect is given to the provisions of Article 15, in undertakings with less than 15 workers.

Part IV of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country; and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Articles 3, 4 and 7, paragraph 2, of the Convention. Maximum weight of loads which maybe transported manually by workers of both gender and workers under 18 years of age. The Committee notes that Decree No. 11802 of 30 January 2004, and Schedule 3, do not specify the maximum limits of loads which may be transported manually by adult male workers and that, accordingly, the limits determined in Schedule 3 in respect of women and young workers under 18 years of age cannot be fully evaluated. The Committee draws the Government’s attention to Paragraph 8 of the Maximum Weight Recommendation, 1967 (No. 128), and to the ILO publication entitled Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from an ergonomic point of view for the admissible load for the occasional transport of loads by an adult male worker between 19 and 45 years of age. The Committee requests the Government to keep it informed of the measures adopted or envisaged to set limits on the loads that are admissible for manual transport by adult male workers.

2. Article 5. Training of workers before their assignment with a view to preventing accidents. With reference to its previous comments, the Committee notes that, by virtue of section 2 of Decree No. 11802, the enterprise shall take appropriate measures to ensure that any worker assigned to the manual transport of loads other than light loads receives, prior to such assignment, adequate training in working techniques, with a view to safeguarding their health and preventing accidents. It further notes the indications provided by Government in its report that the labour inspection service (doctors and engineers) provides advice and instruction to employers and workers on the manual transport of loads. It notes that although the Permanent Committee on Trade Union Training and Workers’ Education has not yet been established, workers’ organizations regularly organize seminars on protection and safety at the workplace, in cooperation with the ILO and the Arab Labour Organization. The Committee further notes the interest expressed by the Ministry of Labour in examining the issue of the application of this Convention with a view to training labour inspectors in this field, providing the necessary tools for this purpose and offering appropriate training to employers and workers in the context of ILO technical cooperation programmes. The Committee hopes that the Permanent Committee on Trade Union Training and Workers’ Education will be established in the near future, that the Government will continue to provide information on any training activity undertaken in this field and that the application of the Convention will be improved through training targeting labour inspectors, employers and workers, where possible, in the context of a technical cooperation programme undertaken by Lebanon and the ILO.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s first report and notes with interest the adoption of Decree No. 11802 of 30 January 2004 organizing prevention and occupational safety and health in all workplaces covered by the Labour Code. It requests the Government to provide additional information on the following points.

2. Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the indications contained in the Government’s report that it intends to collect information concerning this Article. The Committee requests the Government to indicate and provide copies of national laws and regulations specifying the work processes in which the use of benzene and of products containing benzene is prohibited.

3. Article 5. Implementation of occupational hygiene and technical measures. The Committee notes the information contained in the Government’s report referring to Ordinance No. 52/1 of 29 July 1996 setting exposure limit values for benzene in the workplace. However, it makes no reference to the other occupational hygiene and technical measures that are to be taken to ensure effective protection of workers exposed to benzene or to products containing benzene. The Committee requests the Government to indicate the measures adopted to give full effect to this Article.

4. Article 13. Appropriate instructions on prevention measures. The Committee notes the indications in the Government’s report that it would be useful and necessary to organize seminars and tripartite meetings to discuss these issues, but that tangible measures to give effect to this Article do not appear to have been taken. The Committee requests the Government to indicate the measures adopted to ensure that workers exposed to benzene receive appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

5. Part IV of the report form. Practical application. The Committee requests the Government to provide any information available on the application of the Convention in practice including extracts from the reports of inspection services and information on the number of employed persons covered by the measures adopted to give effect to the Convention and on the number and nature of the contraventions reported.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information contained in the Government’s report and the adoption of Decree No. 11802 of 30 January 2004 organizing prevention and occupational safety and health in all workplaces covered by the Labour Code, including Schedule No. 3 on the maximum weight of loads which may be carried, pushed or pulled by women and young workers. The Committee notes with satisfaction that Decree No. 11802 referred to above gives effect to Articles 3, 4, 6 and 7 of the Convention.

The Committee is addressing a request directly to the Government on certain points.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 6, paragraph 1, Article 7, paragraphs 1 and 2, and Article 8 of the Convention. Permissible doses for various categories of workers. The Committee notes that table 2 of Decree No. 11802 of 30 January 2004 sets the permissible ionizing radiation level for people in general to 1 mSv per year, in accordance with the Convention. With respect to the general prohibition to engage workers before the age of 16 or 17 years for work that is hazardous by nature as set out in Decree No. 700 of 1999, the Committee refers to its comments of 2004 under Convention No. 182 noting that this Decree is currently being revised. It requests the Government to provide information with its next report whether Decree No. 700 of 1999 has been revised, whether limits have been set for workers under the age of 18 years old involved in ionizing radiation work, whether there is a general prohibition to engage workers at the age of 16 years old and to provide information on measures taken to develop rules applicable to pregnant women in accordance with the 1990 Recommendation of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. The Committee also requests the Government to provide copies of any applicable legislation.

3. Article 9, paragraph 2. Training and information. The Committee notes that section 21 of Decree No. 11802 of 2004 provides that the Ministry of Labour shall issue rules ensuring that workers receive information and training with respect to work with ionizing radiation. The Committee requests the Government to provide information whether the Ministry of Labour has issued any rules ensuring the full application of Article 9(2) of the Convention.

4. Article 13, section (d). Required remedial action based on technical findings and medical advice. The Committee notes that the report contains no information with respect to provisions requiring employers to take remedial action based on the technical findings and medical advice. The Government is requested to provide information on measures taken to ensure compliance with this provision of the Convention.

5. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee, having previously noted that section 38(E) of Decree No. 11802 of 30 January 2004 ensures the right of workers to alternative employment when they have premature accumulation of their lifetime radiation dose, wishes nevertheless to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

5. Part V of the report form. The Committee notes the Government’s statement that the result of the two committees established under Decree No. 46/1 of 12 March 2004 and Decree No. 135/1 of 10 August 2004 to establish a list of occupational diseases and another list for dangerous chemical substances and carcinogenic substances, shall result in appropriate measures being taken to ensure the application of the Convention. It requests the Government to provide detailed information with its next report on any measures taken or envisaged to ensure the application of the Convention. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the nature and number of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them and the individual protective equipment allocated to workers, such as dosimeters.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 5 of the Convention. Tripartite committee. The Committee notes the Government’s statement that the occupational safety and health tripartite committee is still not functional. With reference to its previous comments, the Committee urges the Government to take the necessary steps to ensure that this committee functions properly and invites the Government to keep the Committee informed on the progress achieved in this regard.

3. Article 6. Labour inspection. The Committee notes in this respect the Government’s statement that the number of occupational physicians to assist the labour inspectorate has not increased and requests the Government to provide information with its next report whether it envisages increasing the number in order to assist the labour inspectorate to carry out its many tasks. It also requests the Government to provide copies of the latest reports of the labour inspection services on cases that raise issues relating to matters covered by the Convention.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 2 of the Convention. Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee notes with interest that section 46 of the newly adopted Decree No. 11802 of 2004 ensures that dangerous chemical products shall be replaced with non-dangerous or less dangerous products. The Committee requests the Government with its next report to provide examples on carcinogenic substances or agents that have been replaced by non-carcinogenic or less harmful substances or agents. It also asks the Government to provide information on measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

3. Article 3. Measures taken to protect workers against exposure and appropriate system of records. The Committee notes that section 20 of Decree No. 11802 of 2004 provides that necessary precautions must be taken to protect workers against risks of exposure to chemical products and section 21 provides that employers must keep records of all workers exposed to ionizing radiation. The Committee requests the Government to provide detailed examples with its next report on measures taken to protect workers against exposure to chemical and other carcinogenic substances or agents at the workplace. It also asks the Government to provide information on the manner in which employers keep records of workers who are exposed to other carcinogenic substances or agents than ionizing radiation at work.

4. Articles 3, 4, 5, and 6, paragraph (a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee notes with interest the specific measures taken as regards asbestos-related activities including Decision No. 191/1 of 8 October 1997 requiring that enterprises producing cement in Lebanon keep medical records for a time period of 30 years after the employment was terminated as well as the Government’s reference to the mandatory prevention programme applicable to asbestos-related activities including the activities of enterprises such as Eternet-Company Shaka. The Government is requested to provide detailed information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, including information on the medical examinations carried out, the keeping of medical records, the provision of information on the dangers involved to workers who may have been exposed to asbestos and on the implementation and results of the mandatory prevention programme.

5. Article 5. Medical examinations. The Committee notes that section 38 of Decree No. 11802 of 2004 ensures that all workers shall undergo medical examinations and that in addition, workers involved with chemical products shall undergo periodical laboratory tests. The Committee requests the Government to provide detailed information with its next report on the medical examinations carried out before, during and after employment, their frequency and how long information related thereto is kept.

6. Article 6. Labour inspection. The Committee notes the Government’s statement that it is the Ministry of Environment and the Ministry of Public Health that ensure the application of this Convention through the labour inspection services. It requests the Government to provide copies of the latest reports of the labour inspection services on cases which raise issues relating to matters covered by the Convention. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, if possible disaggregated by sex, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

1. The Committee notes the information contained in the Government’s first reports and the attached legislation.

2. Articles 3 and 4 of the Convention. National policy and technical standards, guidelines or codes. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code, including mines and quarries, ensuring the application of parts of the Convention. It also notes that the Government is in the process of developing a general orientation plan for quarries, and that it is the National Council for Quarries that is responsible for examining and proposing the general OSH conditions applicable to mines and quarries. The Committee requests the Government to provide detailed information on measures taken or envisaged by the National Council for Quarries in order to ensure the application of the Convention and to provide a copy of the national policy once it is adopted. It also requests the Government to provide information on whether it has adopted any technical standards, guidelines or codes that concern safety and health in quarries and to provide copies of them.

3. Articles 5, paragraphs 5, 7 subsections (a) and (g), 10 subsections (a) and (b). Employers’ obligations. The Committee notes the Government’s statement that employers are obliged to present a plan on how the work is to be carried out while they carry out the notification and authorization procedure. It requests the Government to provide information on how it is ensured that employers actually keep this plan at the workplace and that it is regularly updated, in accordance with Article 5(5) of the Convention. The Committee also asks the Government to provide information with its next report on measures to ensure that: employers provide a communication system at a mine (Article 7(a)); operation plans and procedures are drawn up and implemented by employers in respect of zones susceptible to other particular hazards (Article 7(g)); employers provide workers with training and retraining (Article 10(a)); employers provide adequate supervision and control on each shift, in accordance with Article 10(b).

4. Articles 13 and 14(c). Workers’ rights. The Committee notes that according to available information, there is no legal obligation to ensure that workers report accidents to the employer or competent authority, or that workers have the right to request investigations to be carried out by the employer or the competent authority, nor any legal provision ensuring that workers can obtain safety and health information held by the employer or competent authority (Article 13), or a legal duty for workers to report to the employer any situation they think represents a risk to safety and health (Article 14(c)). The Committee requests the Government to provide information on measures taken to ensure the full application of these issues and also to provide detailed information on the manner in which workers elect their safety and health representatives, their rights to carry out their work, particularly without any discrimination or retaliation, in accordance with Article 13(4).

5. Articles 5(2)(d) and 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee notes that section 23(2) of Decree No. 11802 of 30 January 2004 states that the Ministry of Labour shall establish the necessary measures to ensure that employers report accidents and occupational illness, in accordance with Article 5(2)(d). However, it notes that there appears to be no legal obligation on employers to ensure that they actually investigate when accidents have occurred, in accordance with Article 10(d) of the Convention. The Committee requests the Government to provide information in its next report on measures taken or envisaged to ensure full application of Articles 5(2)(d) and 10(d) of the Convention.

6. Articles 5(2)(e), 7(i), and 8. Right to stoppage of work and emergency response plan. The Committee notes the Government’s statement that there is no legal provision ensuring that employers prepare emergency plans and that no measures have been taken to ensure that operations are stopped when there is serious danger to the safety and health of workers. The Committee requests the Government to provide information in its next report on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention. It also asks the Government to provide information on the manner in which the competent authority may suspend mining activities on the grounds of safety and health (Article 5(2)(e)).

7. Articles 3, 5(2)(f), 13(2) and 15. Consultations and cooperation. The Committee requests the Government to provide detailed information in its next report on: the manner in which consultation and cooperation between workers and employers is carried out in practice, particularly with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives; the manner in which workers’ representatives are actually carrying out their tasks; and on how it is ensured that they exercise their rights without any discrimination or retaliation.

8. Article 12. Two or more employers undertake activities at the same workplace. The Committee notes the Government’s statement that the employer in charge of a mine is required to ensure that cooperation is undertaken when other employers undertake activities at the same mine. It requests the Government to provide detailed information in its next report on the practical application of Article 12 of the Convention.

9. Article 5(4)(c). Abandoned mines. The Committee notes the Government’s statement that Decision No. 253 of 8 November 1935 enumerates the rules applicable to abandoned mines that present a danger to the public. It requests the Government to provide detailed information in its next report on the practical application of Article 5(4)(c).

10. Articles 2(d), 5 and Part V of the report form. Competent authority and statistical information. The Committee notes the Government’s statement that it is the labour inspection service that ensures the application of the Convention. The Committee requests the Government to give a general description of the manner in which the Convention is applied in the country, including, for example: extracts from inspection reports; information on the number of workers covered by the legislation, if possible disaggregated by sex; the number and nature of contraventions reported, including the employers’ obligation to report accidents under Article 5(2)(c); the number and cause of accidents recorded and the measures taken to remedy them.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Articles 6(1) and 7(1) of the Convention. Dose limits. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code ensuring the application of most of the Articles of the Convention. It notes with satisfaction that table 2 of the Decree provides for a maximum annual dose limit of 20 mSv over a five-year period for workers over 18 years of age involved in ionizing radiation work which reflects the dose limits for exposure to ionizing radiation in the 1990 Recommendation of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. The Committee also notes with satisfaction that section 14 of the Decree also includes provisions providing for alternative employment which, as the Committee noted in its 1992 general observation, is a general principle of occupational safety and health which appears in article 17 of the Occupational Health Services Recommendation, 1985 (No. 171), as well as in Paragraph 27 of the Radiation Protection Recommendation, 1960 (No. 114).

3. The Committee is raising certain other points in a request addressed directly to the Government.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 5 of the Convention. National legislation. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code. It notes that this Decree and the Ministry of Labour’s Decision No. 493/1 of 7 September 1997 ensure the application of a majority of Articles of the Convention and notes with satisfaction that Article 14 is now fully applied.

3. The Committee is raising certain other points in a request addressed directly to the Government.

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

1. The Committee notes the information contained in the Government’s reports and the attached legislation.

2. Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee notes with interest the adoption of Decree No. 11802 of 30 January 2004 regarding the organization of prevention, safety and professional hygiene in all establishments governed by the Labour Code and Decree No. 135/1 of 10 August 2004 constituting a national committee to establish a list of dangerous chemical substances and carcinogenic chemical substances. The Committee notes that section 23 of Decree No. 11802 provides, inter alia, that the Ministry of Labour shall adopt decisions to organize safety at the workplace with respect to methods of work, materials and factors of exposures to be banned, limited or submitted for approval by the Minister, taking into account risks resulting from two or more substances or agents simultaneously. As regards the national committee established pursuant to Decree No. 135/1, the Committee notes that the Government reports that it has not yet been established, but that through this Committee the Government intends to take appropriate action to promote the application of the Convention. The Committee hopes that this committee soon will become operational and that, in the context of the determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization, due account will be taken of codes of practice or guides published by the ILO in the light of current scientific knowledge such as Occupational cancer: Prevention and control, second revised edition, Occupational Safety and Health Series, No. 39, Geneva, 1989. The Committee requests the Government to provide detailed information on measures taken or envisaged to establish a list of dangerous carcinogenic substances and agents, including providing it with a copy of such a list once it has been adopted, as well as information on promotional measures taken or envisaged by the committee to establish a list of dangerous chemical substances and carcinogenic chemical substances to ensure a full application of the Convention.

3. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report. It draws the Government’s attention to the following points.

1. The Committee takes note of the extracts from the inspection reports carried out by the Labour Inspectorate and medical inspector in July 2002, which have been supplied with the Government’s report. It notes from the conclusions of the inspection reports that the Convention is generally applied in practice. However, in some cases, failures in the fulfilment of the requirements spelled out in Articles 8 and 10 of the Convention have been stated. In this respect, the Government indicates that it will try to inform the Committee on the action carried out to remedy these failures. The Committee therefore hopes that the Government will soon take appropriate action to ensure full application of the Convention not only in law but also in practice. It requests the Government to supply information on any progress achieved in this respect.

2. With reference to its previous comments, the Committee notes the Government’s indication that a tripartite committee for occupational safety and health has not yet been established. The Committee requests the Government to indicate whether any steps have yet been taken in view of the establishment of this committee. It invites the Government to keep the Committee informed of the process achieved in this regard.

3. The Committee notes with interest that a training session for physicians on occupational medicine was organized and conducted two years ago with the assistance of the ILO, which the Government considered useful, since the labour inspectorate needs additional physicians to carry out inspections as well as the other numerous tasks attributed to the labour inspectorate. The Committee accordingly asks the Government to supply further information on the development of increasing the numbers of occupational physicians.

4. The Committee takes note with interest of the Government’s indication that the draft amendment of Decree No. 6341 dated 24 October 1951 relating to the regulation of health prevention and protection to all undertakings subject to the Labour Code includes a provision that makes it mandatory to supply appropriate and sufficient seats for workers regardless of their sex, in accordance with Article 14 of the Convention. The Committee hopes that the draft amendment will be adopted soon to ensure the provision of appropriate seats for workers regardless of their sex. The Committee requests the Government to communicate a copy of the Decree as soon as it is adopted.

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

1. The Committee notes the information supplied by the Government. It further notes the declaration of the Lebanese Atomic Energy Agency, which is a specialized subagency of the National Council for Scientific Research, that a draft legal framework concerning the regulation of the permit system, inspection and the proper utilization of ionizing radiation in Lebanon has been elaborated. The Committee hopes that the above draft legal framework will be adopted in a near future and requests the Government to transmit a copy as soon as it is adopted. The Committee further notes that the Ministry of Labour has elaborated a draft to amend Decree No. 6341 of 24 October 1951, which regulates the health protection in the majority of undertakings prescribed by the Labour Code. According to the Government, the proposed amendment also specifies special measures for the protection of workers exposed to ionizing radiation. Since every undertaking which owns, deals or uses sources of ionizing radiation is required to get a special permit from the Ministry of Labour, the undertakings are hence bound to take all the necessary measures to provide effective protection of workers, as regards their health and safety, against ionizing radiations by means of restriction of exposure to the values indicated in a table providing for maximum permissible doses of exposure to radiation per year. The draft decree also obliges undertakings to hold special registers containing information on the sources of radiation. The Government further indicates that an order to be issued by the Minister of Labour, in application of the above Decree, would relate to the following points:

-      Minimizing workers’ level of exposure to radiation and its limitation;

-      Fixing the maximum permissible doses, the quantity of ionizing radiation and their review on a regular basis;

-      Fixing adequate levels of exposure to radiation of workers over 18 years and those for workers under the age of 18, who are directly engaged in work involving such radiation, and whereby young workers under the age of 16 are prohibited from being engaged in work involving exposure to ionizing radiation;

-      Providing warnings to tasks that may involve exposure to radiation;

-      Training and informing workers who may be exposed to ionizing radiation of the hazards involved;

-      Carrying out appropriate tests to verify the observance of established standards concerning exposure to radiation; and

-      Determining cases in which immediate measures need to be taken as a result of the nature of exposure or due to its degree.

The Committee notes with interest this development, in particular, with regard to the indicated content of the draft amendment of Decree No. 6341 of 24 October 1951, which, when adopted, would apply the following provisions:

-      Article 3 (appropriate steps to be taken to ensure effective protection in the light of knowledge available at the time);

-      Article 5 (reduction of the level and duration of exposure);

-      Article 6 (fixing and regular review of maximum permissible doses and amounts of ionizing radiation);

-      Article 7 (fixing of appropriate levels of exposure of workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiation);

-      Article 8 (fixing of appropriate levels of exposure of workers liable to be exposed temporarily);

-      Article 9 (information and instruction for workers exposed);

-      Article 10 (notification of work involving exposure to radiations);

-      Article 11 (appropriate monitoring of observance of levels of exposure);

-      Article 13 (action to be taken promptly in circumstances to be specified owing to the nature or degree of exposure); and

-      Article 15 (establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention).

The Committee therefore hopes that the above draft decree will be adopted in a near future to ensure effective protection of workers against ionizing radiations. In this context, the Committee nevertheless once again would draw the Government’s attention to its 1992 general observation under the Convention, which sets forth, inter alia, the exposure limits established for the different categories of workers on the basis of new physiological findings by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, which were reflected in the 1994 Basic Safety Standards developed under the auspices of the International Atomic Energy Agency (IAEA), the International Labour Organization (ILO), the World Health Organization (WHO) and three other international organizations.

Finally, the Committee notes the Government’s indication that the Council of Ministers approved on 4 November 1998 a draft law, which aims at protecting from radiation and providing safety of ionizing radiation sources. The Committee therefore requests whether the above draft has been adopted and, if that is not the case, to indicate its stage within the legislative process towards its adoption. It also requests the Government to supply a copy as soon as it is adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that the Lebanese Atomic Energy Agency has communicated an annual dose limit of 20 mSv for workers’ exposure to ionizing radiation. The committee requests the Government to indicate whether such a communication of the Lebanese Atomic Energy Agency is legally binding. Moreover, the Committee notes the Government’s indication that the Council of Ministers agreed in its session held on 9 July 1997 to join the International Project on Strengthening Infrastructure for Protection against Radiation. Taking due note of this information, the Committee requests the Government to explain more in detail the content and objectives of this international project as well as its duration and to provide information on the results achieved until now.

3. Article 12. The Committee notes that section 22 of the Labour Code requires medical examinations of young persons before their employment in order to determine their fitness for work. It further notes that Order No. 157/1 of 2 August 2000 requires the carrying out of a medical examination and re-examination to check the fitness for employment of young persons until the age of 21 years in the case they are employed in occupations involving serious health hazards. In addition, Decree No. 4568 of 20 June 1960 requires each undertaking with more than 20 employees to have a physician to monitor the health conditions of the workers. In this respect, the Government however indicates that upon promulgation of the abovementioned legal texts on ionizing radiation, an effort will be made to promulgate other legal texts to apply Article 12 of the Convention, if this Article would not already be applied sufficiently by the new laws. The Committee states that the orders and decrees referred above, only provide for medical examinations of young persons. Consequently, with regard to the new decree to be adopted, which amends Decree No. 6341 of 1951, the Committee would recall that Article 12 of the Convention provides for appropriate medical examination of all workers directly engaged in radiation work prior to or shortly after taking up such work as well as for subsequent further medical examinations. The Committee hopes that the Government will take the necessary steps to ensure that medical examinations are provided to all workers exposed to ionizing radiation, in application of Article 12 of the Convention.

4. Article 14. Alternative employment. In its previous comment, the Committee noted that section 16 of Decree No. 6341 provides that it shall be the responsibility of the establishment’s physician to assess the capacity and physical aptitude of workers. It further noted the Government’s indication that the Committee responsible for the review of the Labour Code will examine the Decree referred to above in the light of the provisions of this Article of the Convention. With regard to the provision of suitable alternative employment to workers whose continued assignment to a work involving exposure to ionizing radiations is contraindicated for health reasons, the Government refers in its report to the statement made by the Lebanese Atomic Energy Agency that no practical progress has been achieved in this respect. Taking into consideration that Decree No. 6341 is being amended, the Committee trusts that the draft amendment of Decree No. 6341 of 24 October 1951 will contain provisions concerning alternative employment, in application of Article 14 of the Convention. The Government is also asked to provide information on any progress made in this regard.

5. Finally the Committee requests the Government to supply a copy of the Legislative Decree No. 105 of 13 September 1983 relating to the regulation of the use of ionizing radiation and protection against ionizing radiation.

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

Articles 3 and 4 of the Convention. The Committee notes with interest section 39 of the draft amendments to Ordinance No. 6341 of 24 October 1951 concerning the organization of occupational safety in undertakings, providing that no worker is "allowed or permitted to manually transport a load which, by reason of its weight, is likely to jeopardize his/her health whilst taking due account of all conditions in which the work will be carried out". As regards the conditions to be taken into account in the application of the principle set forth in this section, the Committee notes the proposed section 40 providing for the Ministry of Labour's obligation to set out adequate measures, including methods of work, for the regulation of workers' health protection. The Committee accordingly hopes that the draft amendments will be adopted in the near future and requests the Government to supply a copy as soon as it has come into effect. It further would ask the Government to specify in more detail the protective measures and methods of work envisaged under section 40 of the abovementioned draft amendment to Ordinance No. 6341 of 1951.

Article 5. The Committee notes the Government's indication to the effect that the permanent Committee on Trade Union Training and Workers' Education is not yet established. However, a training session in collaboration with the Regional Office of the International Labour Organization was held in July 1999 in Beirut which was attended by labour inspectors concerned. These inspectors will be responsible for providing the necessary training regarding workers' health protection and the prevention of accidents as well as giving instructions to workers on the use of technical methods on lifting loads before they are assigned to manual transport. The Committee further notes that these training sessions will be followed up by other similar training sessions. The Committee also notes that a new section was inserted in the draft amendment to Ordinance No. 6341 of 1951 which applies in substance Article 5 of the Convention. The Committee reiterates its hope that the abovementioned draft amendments will be adopted soon and requests the Government to supply a copy as soon as it became effective. It also hopes that the Committee on Trade Union Training and Workers' Education will be installed soon. It requests the Government to continue to supply information on any training activities carried out in this field.

Article 6. The Committee takes due note of the Government's indication that the majority of undertakings use modern machinery for lifting loads in view of the evolution of their industrial requirements. It hopes that measures have been undertaken or envisaged in order to guarantee that modern means for lifting loads are provided to all undertakings to which the provisions of the Convention apply, in accordance with Article 2, paragraph 2, and requests the Government to indicate the progress achieved in this respect.

Article 7. The Committee notes with interest the last paragraph of section 39 of the draft amendment to Ordinance No. 6341 of 1951, according to which women and young workers will be limited to manually transport loads, and that the maximum weight of such loads should be substantially less than the loads permitted for adult male workers. It further notes that its Annex 3 contains two tables specifying the maximum weight of loads which are permitted to be lifted, pulled and transported by young workers of both sexes and women. The Committee requests the Government to supply a copy of Annex 3 for further examination as soon as it becomes effective.

Article 8. The Committee notes the Government's indication to the effect that the draft amendment to the abovementioned Ordinance has been submitted for consultation to the Office of the International Labour Organization in Beirut. The Committee recalls the provisions of Article 8 of the Convention and requests the Government to indicate the manner in which the most representative organizations of employers and workers concerned have been consulted in the elaboration of the new provisions.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with interest the adoption of Order No. 493/1 of 1997 to give effect to Articles 8, 9, 10 and 11 of the Convention. It also notes that its section II empowers the labour inspection to supervise the implementation of the provisions of this Order. The Committee would request the Government to provide, in its next report, information on the manner in which the above-mentioned Order is applied in practice, by supplying extracts from inspection reports, information on the number of workers covered by the legislation as well as information on the number and nature of contraventions reported.

2. The Committee notes that no Order relating to welfare of wage-earners has been promulgated in application of section 18 of Decree No. 6341 of 2 October 1951 and that this Decree leaves it up to the Minister of Labour to take the necessary measures to give effect to this Decree. In this respect, the Committee notes the Government's indication that a tripartite committee for occupational safety and health will be set up to examine, in accordance with section 18 of Decree No. 6341, the matters related to health and safety of workers inside the undertakings as well as the matters related to the welfare of wage-earners. The Committee would request the Government to keep the ILO informed on any action taken by the tripartite committee for occupational safety and health once it has been established.

3. The Committee notes the Government's indication that, while Decree No. 6341 of 2 October 1951 provides for an undertaking's physician in every undertaking employing more than 20 employees, these physicians are usually generalists, because of the low number of physicians in the country specialized in occupational medicine. It also notes the Government's suggestion to the ILO to organize training courses to train physicians in occupational medicine.

4. In its previous comment, the Committee had noted the Government's announcement to amend Decree No. 6341, for section 10 of Decree No. 6341 provides for the necessary measures to be taken to enable women to be seated, whereas Article 14 of the Convention provides for suitable seats available to all workers. The Committee takes note of the Government's indication, according to which the possibility of amending this Decree in general is currently under examination in the light of the Conventions ratified. The Committee expresses once again its hope that the Government will take the necessary measures in the near future to bring its legislation into conformity with the Convention. It would ask the Government to report on progress made in this respect.

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

The Committee notes that in its 1995 report the Government indicates that it has not been able to take the necessary measures to guarantee effective protection of workers against exposure to ionizing radiation, pursuant to Articles 5, 6, 7, 8, 9, 10, 11, 13 and 15 of the Convention, and that it is waiting to receive information from the technical services which will allow it to provide such protection. The Committee hopes that these measures will be taken in the near future and that they will take account of its previous comments on the following points:

1. The Committee draws the Government's attention to its general observation of 1992 under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). 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 ionizing radiation and to review maximum permissible doses of ionizing radiation in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiation in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

-- Article 5 (Reduction of the level and duration of exposure);

-- Article 6 (Fixing and regular review of maximum permissible doses and amounts of ionizing radiation);

-- Article 7 (Fixing of appropriate levels of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiation);

-- Article 8 (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily);

-- Article 9 (Information and instruction for exposed workers);

-- Article 10 (Notification of work involving exposure to radiations);

-- Article 11 (Appropriate monitoring of observance of levels of exposure);

-- Article 13 (Action to be taken promptly in circumstances to be specified owing to the nature or degree of exposure);

-- Article 15 (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention).

2. Furthermore, the Committee requests the Government to provide information on the following points:

Article 12. In its previous comments, the Committee noted that section 16 of Decree No. 6341 of 1951 provides for medical examinations prior to recruitment and periodically during employment, and that under section 5 of Decree No. 4568 of 30 June 1960, the number, nature and frequency of such examinations shall be determined by the occupational doctors. The Government indicated previously that the workers exposed toionizing radiation are also covered by these provisions and that the more dangerous the work is, the more rigorous is the medical examination of the workers concerned. The Committee hopes that in its next report the Government will provide information on the nature and frequency of the medical examinations provided for the workers exposed to ionizing radiation.

Article 14. In its previous comments, the Committee also noted that section 16 of Decree No. 6341 provides that it shall be the responsibility of the establishment physician to assess the capacity and physical aptitude of workers. In its last report, the Government indicates that the Committee responsible for reviewing the Labour Code will examine the Decree referred to above in the light of the provisions of this Article of the Convention. The Committee requests the Government to provide information on any progress made in this regard and to indicate, in particular, whether provision is made for a worker who is advised by a doctor not to undertake work involving exposure to ionizing radiation to be assigned to a different kind of work or, if he has already been assigned to work involving exposure, whether he must be transferred to another suitable employment.

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

The Committee notes the indication in the Government's latest report that it had not been in a position to take the measures necessary for the application of the Convention due to the exceptional circumstances which the country had been experiencing since 1977. The Government further stated that it hoped to take measures to ensure the strict application of Articles 5, 6, 7, 8, 9, 10, 11, 13 and 15 of the Convention in due time. The Committee hopes that the measures necessary for the protection of workers against exposure to ionizing radiation will be taken in the near future and that they will take into account its previous comments concerning the following points:

1. The Committee would call the Government's attention to its general observation of 1992 under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). 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 ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionizing radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

2. Furthermore, the Committee asks the Government to provide further information on the following points:

Article 12. In its previous comments, the Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. In its latest report, the Government has indicated that workers exposed to ionizing radiation are also subject to these provisions and that the more dangerous the work the stricter the medical supervision of the workers concerned. Finally, by virtue of section 5 of Decree No. 4568 of 30 June 1960, the occupational doctors are responsible for fixing the number, nature and frequency of the medical examinations. The Government is once again requested to provide information, in its next report, on the nature and frequency of medical examinations for workers engaged in radiation work.

Article 14. In its previous comments, the Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is once again requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionizing radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

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

The Committee notes the information supplied by the Government in its report on this Convention and in its general report. It notes that, now that the situation in the country has returned to normal, a special committee has been set up and is to meet to draft texts to apply the Convention. It therefore hopes that the necessary measures will be taken in the near future to ensure the application of each Article of Part II of the Convention and particularly the following: Article 8 (ventilation of premises), Article 9 (lighting of premises), Article 10 (temperature of premises), Article 11 (layout of premises) and Article 16 (standards of hygiene in underground or windowless premises).

The Committee asks the Government to supply a copy of the provisions relating to the welfare of wage-earners adopted by the Minister of Labour and Social Affairs under section 18 of Decree No. 6341 of 2 October 1951. The Government is also asked to provide information on the practical effect given to section 16(4) of the above Decree, according to which the undertaking's physician has to take general measures to ensure the protection of health in work premises, particularly as regards safety, lighting, ventilation, circulation of air and supply of drinking-water, rest facilities, and extraction of dust and smoke.

In its previous comments, the Committee noted that under section 10 of Decree No. 6341 the necessary measures are to be taken to enable women to be seated, whereas under Article 14 of the Convention, suitable seats should be supplied for all workers. It notes the information supplied by the Government in its report to the effect that the legislation will be amended to bring it into conformity with this provision and asks the Government to report on progress made in this respect.

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

The Committee notes the information supplied by the Government in its report. It would be grateful if the Government would supply additional information in its next report on the following points:

1. Articles 3 and 4 of the Convention. Further to its previous comments, the Committee notes that no provision in the national legislation gives effect to the above Articles. It notes the intention of the Ministry of Labour to examine the possibility of adopting specific provisions concerning the manual transport of loads which, by reason of their weight, are likely to jeopardize the health or safety of the workers. The Committee draws the Government's attention to the ILO study "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59) which contains information on the law and practice in this respect in a number of States. The Committee requests the Government to supply a copy of the text of the provisions in question when they have been adopted, as well as any information on the progress achieved in this respect.

2. Article 5. The Government states in its report that the Permanent Committee on Trade Union Training and Workers' Education will be made responsible for providing the necessary training, under the supervision of the Ministry of Labour and in collaboration with employers and their organizations, on techniques to protect the health and prevent accidents during the manual transport of loads. The Committee requests the Government to supply information on the activities of the above Permanent Committee with regard to the training of workers assigned to the manual transport of loads and on any other measure which has been taken or is envisaged to give effect to the Convention on this point.

3. Article 6. The Committee takes due note of the modernization of the means used for the transport of loads in private companies and construction sites with a view to limiting and facilitating the manual transport of loads. It hopes that measures of this nature have been undertaken or are envisaged in other sectors of the economy to which the provisions of the Convention apply, in accordance with Article 2, paragraph 2, and requests the Government to indicate the progress achieved in this respect.

4. Article 7. Section 23 of the Labour Code and Annex 2 to the Code restrict the assignment of young workers of under 16 years to the manual transport of loads other than light loads. In order to give full effect to this Article of the Convention, measures must be taken to:

(a) limit the assignment to such work of women and young workers between 16 and 18 years of age;

(b) fix a maximum weight for the loads which may be transported by persons under 18 years of age and by women.

With regard to the information on the weight which may be fixed for young persons under 18 years of age, which the Government intends to request from the ILO, the Committee points out that information on this subject is also to be found in the publication "Maximum weights in load lifting and carrying" referred to above.

5. Article 8. The Committee notes that the Government refers on several occasions in its report to the provisions which will be adopted in the future to give effect to the Convention. It hopes that these new provisions will be adopted in the near future and recalls that they must apply to all branches of economic activity in respect of which a system of labour inspection is maintained, in accordance with Article 2, paragraph 2. The Committee would be grateful if the Government would supply information on the progress achieved in this respect and if it would supply copies of the texts as soon as they are adopted.

The Committee requests the Government to indicate in its next report the manner in which the most representative organizations of employers and workers concerned have been consulted in the preparation of the new provisions.

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

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

1. The Committee took note of the statement in the Government's first report for the period ending 15 October 1979 that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's first report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

3. The Committee would call the Government's attention to its general observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (publication No. 60). 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 ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionizing radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionizing radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionizing radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionizing radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.

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

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

The Committee requests the Government to provide replies to the questions in the report form approved by the Governing Body of the International Labour Office, as well as details on the legislation or other measures ensuring the application of each of the Articles of Part II of the Convention and, in particular, the following Articles: 8 (ventilation of premises); 9 (lighting of premises); 10 (temperature of premises); 11 (layout of premises); and 16 (standards of hygiene in underground or windowless premises).

The Committee asks the Government to supply a copy of the provisions relating to the welfare of wage-earners adopted by the Minister of Labour and Social Affairs under section 18 of Decree No. 6341 of 2 October 1951. It also requests the Government to provide information on the practical application of section 16(4) of this Decree, according to which the undertaking's physician has to take general measures to ensure the protection of health in work premises, particularly as regards safety, lighting, ventilation, circulation of air and supply of drinking-water, rest facilities, and extraction of dust and smoke.

The Committee had noted that under section 10 of Decree No. 6341 the necessary measures are to be taken to enable women to be seated, whereas under Article 14 of the Convention, suitable seats should be supplied for all workers. It hopes the legislation will be brought into conformity with the Convention on this point.

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

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

The Committee noted from the first report of the Government that the situation in the country does not yet permit the adoption of measures to give effect to the Convention. It hopes that the necessary measures may be adopted in the near future to ensure the full application of the Convention on the following points:

Articles 3 and 4 of the Convention. Section 16 of Decree No. 6341 of 24 October 1951, as amended, under which the industrial physician must carry out pre-recruitment and periodical medical examinations of wage earners in order to establish their fitness and the kind of work they are suitable for, does not suffice to guarantee that a worker considered fit for a work involving the manual transport of loads does not transport loads that are too heavy for his health or safety. Furthermore, it applies only to undertakings employing more than 20 workers. Provisions should be adopted to prohibit the employer in a general way fron requiring or allowing a worker to transport manually a load that, by reason of its weight, might jeopardize his health or safety or to lay down the maximum weight that may be transported manually by an adult workers.

Article 5. The report merely indicated that persons whose occupation is the manual transport of loads are trained for this type of activity. Under the present Article, measures must be taken to ensure that any worker assigned to manual transport of loads other than light loads receives, prior to such assignment, adequate training or instruction in working techniques.

Article 6. This Article provides for measures to promote as great a use as possible of suitable technical devices in order to limit or to facilitate the manual transport of loads.

Article 7. Section 23 of the Labour Code and the second schedule to the Code place restrictions on the assignment of young workers under 16 years of age to the manual transport of loads other than light loads. To give full effect to this Article of the Convention measures must be taken:

(a) to place restrictions on the assignment to such work of a young person of from 16 to 18 years of age and of women;

(b) to fix a maximum weight for persons under 18 years of age and for women.

The Committee hopes that the next report will indicate the measures taken or under consideration in this connection. It points out that these measures must apply to all branches of activity for which there is a system of labour inspection, in accordance with Article 2, paragraph 2, of the Convention, and that they must be adopted in consultation with the most representative organizations of employers and workers concerned, as provided by Article 8 of the Convention.

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

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1. The Committee took note of the statement in the Government's first report for the period ending 15 October 1979 that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's first report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

3. In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionising radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionising radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionising radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionising radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.

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

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

The Committee requests the Government to include in its next report replies to the questions in the report form approved by the Governing Body of the International Labour Office, as well as details on the legislation or other measures ensuring the application of each of the Articles of Part II of the Convention and, in particular, the following Articles: 8 (ventilation of premises); 9 (lighting of premises); 10 (temperature of premises); 11 (layout of premises); and 16 (standards of hygiene in underground or windowless premises).

The Committee asks the Government to supply a copy of the provisions relating to the welfare of wage earners adopted by the Minister of Labour and Social Affairs under section 18 of Decree No. 6341 of 2 October 1951. It also requests the Government to provide information on the practical application of section 16(4) of this Decree, according to which the undertaking's physician has to take general measures to ensure the protection of health in work premises, particularly as regards safety, lighting, ventilation, circulation of air and supply of drinking water, rest facilities, and extraction of dust and smoke.

The Committee had noted that under section 10 of Decree No. 6341 the necessary measures are to be taken to enable women to be seated, whereas under Article 14 of the Convention, suitable seats should be supplied for all workers. It hopes the legislation will be brought into conformity with the Convention on this point.

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

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

The Committee noted from the first report of the Government that the situation in the country does not yet permit the adoption of measures to give effect to the Convention. It hopes that the necessary measures may be adopted in the near future to ensure the full application of the Convention on the following points:

Articles 3 and 4 of the Convention. Section 16 of Decree No. 6341 of 24 October 1951, as amended, under which the industrial physician must carry out pre-recruitment and periodical medical examinations of wage earners in order to establish their fitness and the kind of work they are suitable for, does not suffice to guarantee that a worker considered fit for a work involving the manual transport of loads does not transport loads that are too heavy for his health or safety. Furthermore, it applies only to undertakings employing more than 20 workers. Provisions should be adopted to prohibit the employer in a general way fron requiring or allowing a worker to transport manually a load that, by reason of its weight, might jeopardise his health or safety or to lay down the maximum weight that may be transported manually by an adult workers.

Article 5. The report merely indicated that persons whose occupation is the manual transport of loads are trained for this type of activity. Under the present Article, measures must be taken to ensure that any worker assigned to manual transport of loads other than light loads receives, prior to such assignment, adequate training or instruction in working techniques.

Article 6. This Article provides for measures to promote as great a use as possible of suitable technical devices in order to limit or to facilitate the manual transport of loads.

Article 7. Section 23 of the Labour Code and the second schedule to the Code place restrictions on the assignment of young workers under 16 years of age to the manual transport of loads other than light loads. To give full effect to this Article of the Convention measures must be taken:

(a) to place restrictions on the assignment to such work of a young person of from 16 to 18 years of age and of women;

(b) to fix a maximum weight for persons under 18 years of age and for women.

The Committee hopes that the next report will indicate the measures taken or under consideration in this connection. It points out that these measures must apply to all branches of activity for which there is a system of labour inspection, in accordance with Article 2, paragraph 2, of the Convention, and that they must be adopted in consultation with the most representative organisations of employers and workers concerned, as provided by Article 8 of the Convention.

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee took note of the statement in the Government's first report that the Convention once ratified has the force of law in Lebanon. The Committee points out that most of the provisions of the Convention call for specific measures of a legal and technical nature to be taken and that, therefore, they are not self-executory.

2. The Committee also noted that, according to the Government's report, the Labour Code, by obliging the employer to take hygienic measures, and Decree No. 6341 of 24 October 1951, by providing that an order shall be issued concerning the necessary measures to be taken against harmful gases, gave effect to the Convention. The Committee observed, however, that there were no specific provisions in the national legislation concerning radiation, which is not a harmful gas.

In these circumstances, the Committee hopes that the Government will be able in due course to take the necessary measures, through legislation or codes of practice or other appropriate methods, to ensure the effective protection of all workers exposed to ionising radiations in accordance with Article 3 of the Convention. Measures must be taken in particular to give effect to the following provisions:

Article 5. (Reduction of the level and duration of exposure.)

Article 6. (Fixing and constant review of maximum permissible doses and amounts of ionising radiations.)

Article 7. (Fixing of appropriate level of exposure for workers aged 18 and over and for those under the age of 18 who are directly engaged in radiation work. Prohibition from employing young workers under the age of 16 in work involving exposure to ionising radiations.)

Article 8. (Fixing of appropriate levels of exposure for workers liable to be exposed temporarily.)

Article 9. (Information and instruction for exposed workers.)

Article 10. (Notification of work involving exposure to radiations.)

Article 11. (Appropriate monitoring of observance of levels of exposure.)

Article 13. (Action to be taken promptly in circumstances to be specified because of the nature or degree of exposure.)

Article 15. (Establishment of appropriate inspection services for the purpose of supervising the application of the provisions that will be adopted to give effect to the Convention.)

4. Furthermore, the Committee asks the Government to provide information on the following points:

Article 12. The Committee noted that medical examinations prior to recruitment and periodically during employment were provided for by section 16 of Decree No. 6341 of 1951. The Government is requested to indicate the way in which these provisions are applied to workers exposed to ionising radiations and the nature and frequency of the examinations.

Article 14. The Committee noted that, under section 16 of Decree No. 6341, the physician of the establishment determined the capacity and physical fitness of workers. The Government is requested to indicate whether and, if so, under which provision, it is ensured that a worker who is medically advised to avoid exposure to ionising radiations shall not be assigned to work involving such exposure or shall be transferred to another suitable employment if he or she has already been assigned.

5. The Government is also requested to indicate how Articles 12 and 14 of the Convention are applied in establishments where there is no industrial physician, that is to say, in undertakings with fewer than 20 workers, and in undertakings excluded from the scope of the Labour Code.

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

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee would be glad if the Government would kindly include in its next report replies to the questions in the report form approved by the Governing Body of the International Labour Office, as well as details on the legislation or other measures ensuring the application of each of the Articles of Part II of the Convention and, in particular, the following Articles: 8 (ventilation of premises); 9 (lighting of premises); 10 (temperature of premises); 11 (layout of premises); and 16 (standards of hygiene in underground or windowless premises).

The Committee asks the Government to supply a copy of the provisions relating to the welfare of wage earners adopted by the Minister of Labour and Social Affairs under section 18 of Decree No. 6341 of 2 October 1951. It also requests the Government to provide information on the practical application of section 16(4) of this Decree, according to which the undertaking's physician has to take general measures to ensure the protection of health in work premises, particularly as regards safety, lighting, ventilation, circulation of air and supply of drinking water, rest facilities, and extraction of dust and smoke.

The Committee has noted that under section 10 of Decree No. 6341 the necessary measures are to be taken to enable women to be seated, whereas under Article 14 of the Convention, suitable seats should be supplied for all workers. It hopes the legislation will be brought into conformity with the Convention on this point.

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

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

The Committee noted from the first report of the Government that the situation in the country does not yet permit the adoption of measures to give effect to the Convention. It hopes that the necessary measures may be adopted in the near future to ensure the full application of the Convention on the following points:

Articles 3 and 4 of the Convention. Section 16 of Decree No. 6341 of 24 October 1951, as amended, under which the industrial physician must carry out pre-recruitment and periodical medical examinations of wage earners in order to establish their fitness and the kind of work they are suitable for, does not suffice to guarantee that a worker considered fit for a work involving the manual transport of loads does not transport loads that are too heavy for his health or safety. Furthermore, it applies only to undertakings employing more than 20 workers. Provisions should be adopted to prohibit the employer in a general way fron requiring or allowing a worker to transport manually a load that, by reason of its weight, might jeopardise his health or safety or to lay down the maximum weight that may be transported manually by an adult workers.

Article 5. The report merely indicated that persons whose occupation is the manual transport of loads are trained for this type of activity. Under the present Article, measures must be taken to ensure that any worker assigned to manual transport of loads other than light loads receives, prior to such assignment, adequate training or instruction in working techniques.

Article 6. This Article provides for measures to promote as great a use as possible of suitable technical devices in order to limit or to facilitate the manual transport of loads.

Article 7. Section 23 of the Labour Code and the second schedule to the Code place restrictions on the assignment of young workers under 16 years of age to the manual transport of loads other than light loads. To give full effect to this Article of the Convention measures must be taken:

(a) to place restrictions on the assignment to such work of a young person of from 16 to 18 years of age and of women;

(b) to fix a maximum weight for persons under 18 years of age and for women.

The Committee hopes that the next report will indicate the measures taken or under consideration in this connection. It points out that these measures must apply to all branches of activity for which there is a system of labour inspection, in accordance with Article 2, paragraph 2, of the Convention, and that they must be adopted in consultation with the most representative organisations of employers and workers concerned, as provided by Article 8 of the Convention.