Blue Lady violates ILO Conventions-1

It would be in the fitness of the things if the Supreme court (SC) took note of the existing Occupational Safety and Health Conventions, recommendations and codes of practice relevant to Ship Scrapping according to international Labour organisation (ILO) besides other international and national laws. These Conventions are:

• C 13 (White Lead Convention)
• C 115 (Radiation Prevention Convention)
• C 119 (Guarding of Machinery Convention)
• C 127 (Maximum Weight Convention)
• C 136 (Benzene Convention )
• C 139 (Occupational Cancer Convention)
• C 148 (Working Environment Convention)
• C 155 (Occupational Safety and Health Convention)
• C 161 ( Occupational Health Services Convention)
• C 162 (Asbestos Convention )
• C 170 ( Safety in the Use of Chemicals at Work Convention)
• C 174 ( Prevention of Major Industrial Accidents Convention)

Blue Lady Violation of Hazardous Waste Rules, 2003

Import of asbestos waste is banned under Hazardous Wastes (Management and Handling) Amendment Rules, 2003 "SCHEDULE - 1 [See rule 3(14)(a)] List of Hazardous Wastes-Production of asbestos or asbestos-containing materials - Asbestos-containing residues & Discarded asbestos and Dust/particulates from exhaust gas treatment
Schedule - 8 [See rule 12 (1)] Hazardous Wastes Prohibited for Import and Export
Basel* No. A 2050 RB 010 - Waste Asbestos (Dust and Fibres)

There is nothing like 'Virgin' asbestos waste. The Hazardous Wastes (Management and Handling) Amendment Rules, 2003 with regard to Asbestos Waste is mandatory and whenever it will apply it will apply only when asbestos waste is embedded in something. Therefore, it must apply to this ship...otherwise it must be explained and defined as to what is 'pure' asbestos waste.

Non-adherence to Section 87, Schedule – XIV, Factories Act, 1948

This schedule applies to breaking, crushing, disintegrating, opening, grinding, mixing or sieving of asbestos and any other processes involving handling and manipulation of asbestos incidental thereto; sawing, grinding, turning, abrading and polishing in dry state of articles composed wholly or partly of asbestos; cleaning of any room, vessel, chamber, fixture or appliance for the collection of asbestos dust; and any other processes in which asbestos dust is given off into the work environment. As per the provisions of this schedule an approved breathing apparatus and protective clothing shall be provided and maintained in good conditions for use of every person employed in chambers containing loose asbestos; in cleaning, dust settling or filtering chambers of apparatus; in cleaning the cylinders, including the defer cylinders, or other parts of a carding machine by means of hand-strikes; in any other operation or circumstances in which it is impracticable to adopt technical means to control asbestos dust in the work environment within the permissible limit. The scrutiny of the enforcement measures for the permissible limit will show that the act exists only on paper.

All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person. A record of the cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in a register provided for that purpose which shall be readily available for inspection by an Inspector. SC can see for itself how these provisions are followed in violation.

The schedule says, no person shall be employed to perform any work specified for which breathing apparatus is necessary to be provided unless he has been fully instructed in the proper use of that equipment. The SC can ascertain the fact of lack of any such training.

It stipulates that medical facilities and records of medical examinations and tests should be maintained. The occupier of every factory or part of the factory, shall employ a qualified medical practitioner for medical surveillance of the workers covered by this schedule whose employment shall be subject to the approval of the Chief Inspector of Factories; provide to the said medical practitioner all the necessary facilities for the. The record of medical examinations and appropriated tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspectors.

This register could reveal the state of the affairs and the unsubstantiated claims of the Environment Ministry, which allows even its own buildings to remain contaminated with asbestos.

The legal provision is that every worker employed in the processes specified shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include pulmonary function test, tests for detecting asbestos fibres in sputum and chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. Every worker employed in the process referred shall be re-examined by a Certifying Surgeon at least once in every twelve calendar months. Such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests specified except chest X-ray that will be carried out once in 3 years. SC ought to ask as to whether and seek an affidavit as to whether these provisions have been complied with ever.

The Certifying Surgeon after examining a worker is supposed to issue a Certificate of Fitness in Form 23. The record of examination and re-examinations carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 24. The certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector. The SC should investigate and probe the enforcement of the schedule by checking the health register of workers employed in Alang.

Comments

Anonymous said…
India should ratify
C13 White Lead (Painting) Convention, 1921
Convention concerning the Use of White Lead in Painting (Note: Date of coming into force: 31:08:1923.)
Convention:C013
Place:Geneva
Session of the Conference:3
Date of adoption:19:11:1921
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health
See the ratifications for this Convention

Display the document in: French Spanish
Status: Instrument to be revised

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Third Session on 25 October 1921, and

Having decided upon the adoption of certain proposals with regard to the prohibition of the use of white lead in painting, which is the sixth item of the agenda of the Session, and

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

adopts the following Convention, which may be cited as the White Lead (Painting) Convention, 1921, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:

Article 1

1. Each Member of the International Labour Organisation ratifying the present Convention undertakes to prohibit, with the exceptions provided for in Article 2, the use of white lead and sulphate of lead and of all products containing these pigments, in the internal painting of buildings, except where the use of white lead or sulphate of lead or products containing these pigments is considered necessary for railway stations or industrial establishments by the competent authority after consultation with the employers' and workers' organisations concerned.

2. It shall nevertheless be permissible to use white pigments containing a maximum of 2 per cent of lead expressed in terms of metallic lead.

Article 2

1. The provisions of Article 1 shall not apply to artistic painting or fine lining.

2. The Governments shall define the limits of such forms of painting, and shall regulate the use of white lead, sulphate of lead, and all products containing these pigments, for these purposes in conformity with the provisions of Articles 5, 6 and 7 of the present Convention.

Article 3

1. The employment of males under eighteen years of age and of all females shall be prohibited in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments.

2. The competent authorities shall have power, after consulting the employers' and workers' organisations concerned, to permit the employment of painters' apprentices in the work prohibited by the preceding paragraph, with a view to their education in their trade.

Article 4

The prohibitions prescribed in Articles 1 and 3 shall come into force six years from the date of the closure of the Third Session of the International Labour Conference.

Article 5

Each Member of the International Labour Organisation ratifying the present Convention undertakes to regulate the use of white lead, sulphate of lead and of all products containing these pigments, in operations for which their use is not prohibited, on the following principles:

I.

(a) White lead, sulphate of lead, or products containing these pigments shall not be used in painting operations except in the form of paste or of paint ready for use;

(b) measures shall be taken in order to prevent danger arising from the application of paint in the form of spray;

(c) measures shall be taken, wherever practicable, to prevent danger arising from dust caused by dry rubbing down and scraping.

II.

(a) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work;

(b) overalls shall be worn by working painters during the whole of the working period;

(c) suitable arrangements shall be made to prevent clothing put off during working hours being soiled by painting material.

III.

(a) Cases of lead poisoning and of suspected lead poisoning shall be notified, and shall be subsequently verified by a medical man appointed by the competent authority;

(b) the competent authority may require, when necessary, a medical examination of workers.

IV. Instructions with regard to the special hygienic precautions to be taken in the painting trade shall be distributed to working painters.

Article 6

The competent authority shall take such steps as it considers necessary to ensure the observance of the regulations prescribed by virtue of the foregoing Articles, after consultation with the employers' and workers' organisations concerned.

Article 7

Statistics with regard to lead poisoning among working painters shall be obtained--

(a) as to morbidity--by notification and certification of all cases of lead poisoning;

(b) as to mortality--by a method approved by the official statistical authority in each country.

Article 8

The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.

Article 9

1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.

2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.

3. Thereafter, the Convention shall come into force for any Member at the date on which its ratification has been registered with the International Labour Office.

Article 10

As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of the ratifications which may be communicated subsequently by other Members of the Organisation.

Article 11

Each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5, 6 and 7 into operation not later than 1 January 1924 and to take such action as may be necessary to make these provisions effective.

Article 12

Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organisation.

Article 13

A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.

Article 14

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 15

The French and English texts of this Convention shall both be authentic.
Anonymous said…
In 1975 ,India ratified C115 Radiation Protection Convention, 1960
Convention concerning the Protection of Workers against Ionising Radiations (Note: Date of coming into force: 17:06:1962.)
Convention:C115
Place:Geneva
Session of the Conference:44
Date of adoption:22:06:1960
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-fourth Session on 1 June 1960, and

Having decided upon the adoption of certain proposals with regard to the protection of workers against ionising radiations, which is the fourth item on the agenda of the session, and

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

adopts this twenty-second day of June of the year one thousand nine hundred and sixty the following Convention, which may be cited as the Radiation Protection Convention, 1960:

PART I. GENERAL PROVISIONS

Article 1

Each Member of the International Labour Organisation which ratifies this Convention undertakes to give effect thereto by means of laws or regulations, codes of practice or other appropriate means. In applying the provisions of the Convention the competent authority shall consult with representatives of employers and workers.

Article 2

1. This Convention applies to all activities involving exposure of workers to ionising radiations in the course of their work.

2. This Convention does not apply to radioactive substances, whether sealed or unsealed, nor to apparatus generating ionising radiations which substances or apparatus, owing to the limited doses of ionising radiations which can be received from them, are exempted from its provisions by one of the methods of giving effect to the Convention mentioned in Article 1.

Article 3

1. In the light of knowledge available at the time, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionising radiations.

2. Rules and measures necessary for this purpose shall be adopted, and data essential for effective protection shall be made available.

3. With a view to ensuring such effective protection--

(a) measures for the protection of workers against ionising radiations adopted after ratification of the Convention by the Member concerned shall comply with the provisions thereof;

(b) the Member concerned shall notify, as soon as practicable, measures adopted by it prior to the ratification of the Convention, so as to comply with the provisions thereof, and shall promote such modification of other measures existing at the time of ratification;

(c) the Member concerned shall communicate to the Director-General of the International Labour Office, when ratifying the Convention, a statement indicating the manner in which and the categories of workers to which the provisions of the Convention are applied, and shall indicate in its reports on the application of the Convention any further progress made in the matter;

(d) at the expiration of three years from the date on which this Convention first enters into force the Governing Body of the International Labour Office shall submit to the Conference a special report concerning the application of subparagraph (b) of this paragraph and containing such proposals as it may think appropriate for further action in regard to the matter.

PART II. PROTECTIVE MEASURES

Article 4

The activities referred to in Article 2 shall be so arranged and conducted as to afford the protection envisaged in this Part of the Convention.

Article 5

Every effort shall be made to restrict the exposure of workers to ionising radiations to the lowest practicable level, and any unnecessary exposure shall be avoided by all parties concerned.

Article 6

1. Maximum permissible doses of ionising radiations which may be received from sources external to or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body shall be fixed in accordance with Part I of this Convention for various categories of workers.

2. Such maximum permissible doses and amounts shall be kept under constant review in the light of current knowledge.

Article 7

1. Appropriate levels shall be fixed in accordance with Article 6 for workers who are directly engaged in radiation work and are--

(a) aged 18 and over;

(b) under the age of 18.

2. No worker under the age of 16 shall be engaged in work involving ionising radiations.

Article 8

Appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionising radiations or radioactive substances.

Article 9

1. Appropriate warnings shall be used to indicate the presence of hazards from ionising radiations. Any information necessary in this connection shall be supplied to the workers.

2. All workers directly engaged in radiation work shall be adequately instructed, before and during such employment, in the precautions to be taken for their protection, as regards their health and safety, and the reasons therefor.

Article 10

Laws or regulations shall require the notification in a manner prescribed thereby of work involving exposure of workers to ionising radiations in the course of their work.

Article 11

Appropriate monitoring of workers and places of work shall be carried out in order to measure the exposure of workers to ionising radiations and radioactive substances, with a view to ascertaining that the applicable levels are respected.

Article 12

All workers directly engaged in radiation work shall undergo an appropriate medical examination prior to or shortly after taking up such work and subsequently undergo further medical examinations at appropriate intervals.

Article 13

Circumstances shall be specified, by one of the methods of giving effect to the Convention mentioned in Article 1, in which, because of the nature or degree of the exposure or a combination of both, the following action shall be taken promptly:

(a) the worker shall undergo an appropriate medical examination;

(b) the employer shall notify the competent authority in accordance with its requirements;

(c) persons competent in radiation protection shall examine the conditions in which the worker's duties are performed;

(d) the employer shall take any necessary remedial action on the basis of the technical findings and the medical advice.

Article 14

No worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionising radiations contrary to qualified medical advice.

Article 15

Each Member which ratifies this Convention undertakes to provide appropriate inspection services for the purpose of supervising the application of its provisions, or to satisfy itself that appropriate inspection is carried out.

PART III. FINAL PROVISIONS

Article 16

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 17

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 18

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of five years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of five years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 19

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 20

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 21

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 22

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 18 above, if and when the new revising Convention shall have come into force;

b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 23

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

The foregoing is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organisation during its Forty-fourth Session which has held at Geneva and declared closed the twenty-third day of June 1960.
Anonymous said…
C162 Asbestos Convention, 1986
Convention concerning Safety in the Use of Asbestos (Note: Date of coming into force: 16:06:1989.)
Convention:C162
Place:Geneva
Session of the Conference:72
Date of adoption:24:06:1986
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health

Status: Up-to-date instrument This Convention was adopted after 1985 and is considered up to date.

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-second Session on 4 June 1986, and

Noting the relevant international labour Conventions and Recommendations, and in particular the Occupational Cancer Convention and Recommendation, 1974, the Working Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the Occupational Safety and Health Convention and Recommendation, 1981, the Occupational Health Services Convention and Recommendation, 1985, the list of occupational diseases as revised in 1980 appended to the Employment Injury Benefits Convention, 1964, as well as the Code of practice on safety in the use of asbestos, published by the International Labour Office in 1984, which establish the principles of national policy and action at the national level,

Having decided upon the adoption of certain proposals with regard to safety in the use of asbestos, which is the fourth item on the agenda of the session, and

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

adopts this twenty-fourth day of June of the year one thousand nine hundred and eighty-six the following Convention, which may be cited as the Asbestos Convention, 1986:

PART I. SCOPE AND DEFINITIONS

Article 1

1. This Convention applies to all activities involving exposure of workers to asbestos in the course of work.

2. A Member ratifying this Convention may, after consultation with the most representative organisations of employers and workers concerned, and on the basis of an assessment of the health hazards involved and the safety measures applied, exclude particular branches of economic activity or particular undertakings from the application of certain provisions of the Convention when it is satisfied that their application to these branches or undertakings is unnecessary.

3. The competent authority, when deciding on the exclusion of particular branches of economic activity or particular undertakings, shall take into account the frequency, duration and level of exposure, as well as the type of work and the conditions at the workplace.

Article 2

For the purpose of this Convention-

(a) the term asbestos means the fibrous form of mineral silicates belonging to rock-forming minerals of the serpentine group, i.e. chrysotile (white asbestos), and of the amphibole group, i.e. actinolite, amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos), tremolite, or any mixture containing one or more of these;

(b) the term asbestos dust means airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the working environment;

(c) the term airborne asbestos dust means, for purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;

(d) the term respirable asbestos fibres means asbestos fibres having a diameter of less than 3 micrometre and a length-to-diameter ratio greater than 3:1. Only fibres of a length greater than 5 micrometre shall be taken into account for purposes of measurement;

(e) the term exposure to asbestos means exposure at work to airborne respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos;

(f) the term workers includes the members of production co-operatives;

(g) the term workers' representatives means the workers' representatives recognised as such by national law or practice, in conformity with the Workers' Representatives Convention, 1971.

PART II. GENERAL PRINCIPLES

Article 3

1. National laws or regulations shall prescribe the measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

2. National laws and regulations drawn up in pursuance of paragraph 1 of this Article shall be periodically reviewed in the light of technical progress and advances in scientific knowledge.

3. The competent authority may permit temporary derogations from the measures prescribed pursuant to paragraph 1 of this Article, under conditions and within limits of time to be determined after consultation with the most representative organisations of employers and workers concerned.

4. In granting derogations in pursuance of paragraph 3 of this Article, the competent authority shall ensure that the necessary precautions are taken to protect the workers' health.

Article 4

The competent authority shall consult the most representative organisations of employers and workers concerned on the measures to be taken to give effect to the provisions of this Convention.

Article 5

1. The enforcement of the laws and regulations adopted pursuant to Article 3 of this Convention shall be secured by an adequate and appropriate system of inspection.

2. National laws or regulations shall provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention.

Article 6

1. Employers shall be made responsible for compliance with the prescribed measures.

2. Whenever two or more employers undertake activities simultaneously at one workplace, they shall co-operate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of the workers he employs. The competent authority shall prescribe the general procedures of this co-operation when it is necessary.

3. Employers shall, in co-operation with the occupational safety and health services, and after consultation with the workers' representatives concerned, prepare procedures for dealing with emergency situations.

Article 7

Workers shall be required, within the limits of their responsibility, to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Article 8

Employers and workers or their representatives shall co-operate as closely as possible at all levels in the undertaking in the application of the measures prescribed pursuant to this Convention.

PART III. PROTECTIVE AND PREVENTIVE MEASURES

Article 9

The national laws or regulations adopted pursuant to Article 3 of this Convention shall provide that exposure to asbestos shall be prevented or controlled by one or more of the following measures:

(a) making work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene;

(b) prescribing special rules and procedures, including authorisation, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 10

Where necessary to protect the health of workers and technically practicable, national laws or regulations shall provide for one or more of the following measures-

(a) replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated by the competent authority as harmless or less harmful, whenever this is possible;

(b) total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes.

Article 11

1. The use of crocidolite and products containing this fibre shall be prohibited.

2. The competent authority shall be empowered, after consultation with the most representative organisations of employers and workers concerned, to permit derogations from the prohibition contained in paragraph 1 of this Article when replacement is not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.

Article 12

1. Spraying of all forms of asbestos shall be prohibited.

2. The competent authority shall be empowered, after consultation with the most representative organisations of employers and workers concerned, to permit derogations from the prohibition contained in paragraph 1 of this Article when alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.

Article 13

National laws and regulations shall provide that employers shall notify to the competent authority, in a manner and to the extent prescribed by it, certain types of work involving exposure to asbestos.

Article 14

Producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos shall be made responsible for adequate labelling of the container and, where appropriate, the products, in a language and manner easily understood by the workers and the users concerned, as prescribed by the competent authority.

Article 15

1. The competent authority shall prescribe limits for the exposure of workers to asbestos or other exposure criteria for the evaluation of the working environment.

2. The exposure limits or other exposure criteria shall be fixed and periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

3. In all workplaces where workers are exposed to asbestos, the employer shall take all appropriate measures to prevent or control the release of asbestos dust into the air, to ensure that the exposure limits or other exposure criteria are complied with and also to reduce exposure to as low a level as is reasonably practicable.

4. When the measures taken in pursuance of paragraph 3 of this Article do not bring exposure to asbestos within the exposure limits or do not comply with the other exposure criteria specified in pursuance of paragraph 1 of this Article, the employer shall provide, maintain and replace, as necessary, at no cost to the workers, adequate respiratory protective equipment and special protective clothing as appropriate. Respiratory protective equipment shall comply with standards set by the competent authority, and be used only as a supplementary, temporary, emergency or exceptional measure and not as an alternative to technical control.

Article 16

Each employer shall be made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers he employs to asbestos and for their protection against the hazards due to asbestos.

Article 17

1. Demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, shall be undertaken only by employers or contractors who are recognised by the competent authority as qualified to carry out such work in accordance with the provisions of this Convention and who have been empowered to undertake such work.

2. The employer or contractor shall be required before starting demolition work to draw up a work plan specifying the measures to be taken, including measures to-

(a) provide all necessary protection to the workers;

(b) limit the release of asbestos dust into the air; and

(c) provide for the disposal of waste containing asbestos in accordance with Article 19 of this Convention.

3. The workers or their representatives shall be consulted on the work plan referred to in paragraph 2 of this Article.

Article 18

1. Where workers' personal clothing may become contaminated with asbestos dust, the employer, in accordance with national laws or regulations and in consultation with the workers' representatives, shall provide appropriate work clothing, which shall not be worn outside the workplace.

2. The handling and cleaning of used work clothing and special protective clothing shall be carried out under controlled conditions, as required by the competent authority, to prevent the release of asbestos dust.

3. National laws or regulations shall prohibit the taking home of work clothing and special protective clothing and of personal protective equipment.

4. The employer shall be responsible for the cleaning, maintenance and storage of work clothing, special protective clothing and personal protective equipment.

5. The employer shall provide facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate.

Article 19

1. In accordance with national law and practice, employers shall dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise.

2. Appropriate measures shall be taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

PART IV. SURVEILLANCE OF THE WORKING ENVIRONMENT AND WORKERS' HEALTH

Article 20

1. Where it is necessary for the protection of the health of workers, the employer shall measure the concentrations of airborne asbestos dust in workplaces, and shall monitor the exposure of workers to asbestos at intervals and using methods specified by the competent authority.

2. The records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority.

3. The workers concerned, their representatives and the inspection services shall have access to these records.

4. The workers or their representatives shall have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring.

Article 21

1. Workers who are or have been exposed to asbestos shall be provided, in accordance with national law and practice, with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos.

2. The monitoring of workers' health in connection with the use of asbestos shall not result in any loss of earnings for them. It shall be free of charge and, as far as possible, shall take place during working hours.

3. Workers shall be informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work.

4. When continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income.

5. The competent authority shall develop a system of notification of occupational diseases caused by asbestos.

PART V. INFORMATION AND EDUCATION

Article 22

1. The competent authority shall make appropriate arrangements, in consultation and collaboration with the most representative organisations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control.

2. The competent authority shall ensure that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

3. The employer shall ensure that all workers exposed or likely to be exposed to asbestos are informed about the health hazards related to their work, instructed in preventive measures and correct work practices and receive continuing training in these fields.

PART VI. FINAL PROVISIONS

Article 23

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 24

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 25

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 26

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 27

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 28

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 29

1 Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides-

(a) the ratification by a Member of the revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 25 above, if and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 30

The English and French versions of the text of this Convention are equally authoritative.
Anonymous said…
India should ratify C162 Asbestos Convention, 1986
Convention concerning Safety in the Use of Asbestos (Note: Date of coming into force: 16:06:1989.)
Convention:C162
Place:Geneva
Session of the Conference:72
Date of adoption:24:06:1986
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health

Status: Up-to-date instrument This Convention was adopted after 1985 and is considered up to date.

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-second Session on 4 June 1986, and

Noting the relevant international labour Conventions and Recommendations, and in particular the Occupational Cancer Convention and Recommendation, 1974, the Working Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the Occupational Safety and Health Convention and Recommendation, 1981, the Occupational Health Services Convention and Recommendation, 1985, the list of occupational diseases as revised in 1980 appended to the Employment Injury Benefits Convention, 1964, as well as the Code of practice on safety in the use of asbestos, published by the International Labour Office in 1984, which establish the principles of national policy and action at the national level,

Having decided upon the adoption of certain proposals with regard to safety in the use of asbestos, which is the fourth item on the agenda of the session, and

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

adopts this twenty-fourth day of June of the year one thousand nine hundred and eighty-six the following Convention, which may be cited as the Asbestos Convention, 1986:

PART I. SCOPE AND DEFINITIONS

Article 1

1. This Convention applies to all activities involving exposure of workers to asbestos in the course of work.

2. A Member ratifying this Convention may, after consultation with the most representative organisations of employers and workers concerned, and on the basis of an assessment of the health hazards involved and the safety measures applied, exclude particular branches of economic activity or particular undertakings from the application of certain provisions of the Convention when it is satisfied that their application to these branches or undertakings is unnecessary.

3. The competent authority, when deciding on the exclusion of particular branches of economic activity or particular undertakings, shall take into account the frequency, duration and level of exposure, as well as the type of work and the conditions at the workplace.

Article 2

For the purpose of this Convention-

(a) the term asbestos means the fibrous form of mineral silicates belonging to rock-forming minerals of the serpentine group, i.e. chrysotile (white asbestos), and of the amphibole group, i.e. actinolite, amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos), tremolite, or any mixture containing one or more of these;

(b) the term asbestos dust means airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the working environment;

(c) the term airborne asbestos dust means, for purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;

(d) the term respirable asbestos fibres means asbestos fibres having a diameter of less than 3 micrometre and a length-to-diameter ratio greater than 3:1. Only fibres of a length greater than 5 micrometre shall be taken into account for purposes of measurement;

(e) the term exposure to asbestos means exposure at work to airborne respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos;

(f) the term workers includes the members of production co-operatives;

(g) the term workers' representatives means the workers' representatives recognised as such by national law or practice, in conformity with the Workers' Representatives Convention, 1971.

PART II. GENERAL PRINCIPLES

Article 3

1. National laws or regulations shall prescribe the measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

2. National laws and regulations drawn up in pursuance of paragraph 1 of this Article shall be periodically reviewed in the light of technical progress and advances in scientific knowledge.

3. The competent authority may permit temporary derogations from the measures prescribed pursuant to paragraph 1 of this Article, under conditions and within limits of time to be determined after consultation with the most representative organisations of employers and workers concerned.

4. In granting derogations in pursuance of paragraph 3 of this Article, the competent authority shall ensure that the necessary precautions are taken to protect the workers' health.

Article 4

The competent authority shall consult the most representative organisations of employers and workers concerned on the measures to be taken to give effect to the provisions of this Convention.

Article 5

1. The enforcement of the laws and regulations adopted pursuant to Article 3 of this Convention shall be secured by an adequate and appropriate system of inspection.

2. National laws or regulations shall provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention.

Article 6

1. Employers shall be made responsible for compliance with the prescribed measures.

2. Whenever two or more employers undertake activities simultaneously at one workplace, they shall co-operate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of the workers he employs. The competent authority shall prescribe the general procedures of this co-operation when it is necessary.

3. Employers shall, in co-operation with the occupational safety and health services, and after consultation with the workers' representatives concerned, prepare procedures for dealing with emergency situations.

Article 7

Workers shall be required, within the limits of their responsibility, to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Article 8

Employers and workers or their representatives shall co-operate as closely as possible at all levels in the undertaking in the application of the measures prescribed pursuant to this Convention.

PART III. PROTECTIVE AND PREVENTIVE MEASURES

Article 9

The national laws or regulations adopted pursuant to Article 3 of this Convention shall provide that exposure to asbestos shall be prevented or controlled by one or more of the following measures:

(a) making work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene;

(b) prescribing special rules and procedures, including authorisation, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 10

Where necessary to protect the health of workers and technically practicable, national laws or regulations shall provide for one or more of the following measures-

(a) replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated by the competent authority as harmless or less harmful, whenever this is possible;

(b) total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes.

Article 11

1. The use of crocidolite and products containing this fibre shall be prohibited.

2. The competent authority shall be empowered, after consultation with the most representative organisations of employers and workers concerned, to permit derogations from the prohibition contained in paragraph 1 of this Article when replacement is not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.

Article 12

1. Spraying of all forms of asbestos shall be prohibited.

2. The competent authority shall be empowered, after consultation with the most representative organisations of employers and workers concerned, to permit derogations from the prohibition contained in paragraph 1 of this Article when alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.

Article 13

National laws and regulations shall provide that employers shall notify to the competent authority, in a manner and to the extent prescribed by it, certain types of work involving exposure to asbestos.

Article 14

Producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos shall be made responsible for adequate labelling of the container and, where appropriate, the products, in a language and manner easily understood by the workers and the users concerned, as prescribed by the competent authority.

Article 15

1. The competent authority shall prescribe limits for the exposure of workers to asbestos or other exposure criteria for the evaluation of the working environment.

2. The exposure limits or other exposure criteria shall be fixed and periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

3. In all workplaces where workers are exposed to asbestos, the employer shall take all appropriate measures to prevent or control the release of asbestos dust into the air, to ensure that the exposure limits or other exposure criteria are complied with and also to reduce exposure to as low a level as is reasonably practicable.

4. When the measures taken in pursuance of paragraph 3 of this Article do not bring exposure to asbestos within the exposure limits or do not comply with the other exposure criteria specified in pursuance of paragraph 1 of this Article, the employer shall provide, maintain and replace, as necessary, at no cost to the workers, adequate respiratory protective equipment and special protective clothing as appropriate. Respiratory protective equipment shall comply with standards set by the competent authority, and be used only as a supplementary, temporary, emergency or exceptional measure and not as an alternative to technical control.

Article 16

Each employer shall be made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers he employs to asbestos and for their protection against the hazards due to asbestos.

Article 17

1. Demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, shall be undertaken only by employers or contractors who are recognised by the competent authority as qualified to carry out such work in accordance with the provisions of this Convention and who have been empowered to undertake such work.

2. The employer or contractor shall be required before starting demolition work to draw up a work plan specifying the measures to be taken, including measures to-

(a) provide all necessary protection to the workers;

(b) limit the release of asbestos dust into the air; and

(c) provide for the disposal of waste containing asbestos in accordance with Article 19 of this Convention.

3. The workers or their representatives shall be consulted on the work plan referred to in paragraph 2 of this Article.

Article 18

1. Where workers' personal clothing may become contaminated with asbestos dust, the employer, in accordance with national laws or regulations and in consultation with the workers' representatives, shall provide appropriate work clothing, which shall not be worn outside the workplace.

2. The handling and cleaning of used work clothing and special protective clothing shall be carried out under controlled conditions, as required by the competent authority, to prevent the release of asbestos dust.

3. National laws or regulations shall prohibit the taking home of work clothing and special protective clothing and of personal protective equipment.

4. The employer shall be responsible for the cleaning, maintenance and storage of work clothing, special protective clothing and personal protective equipment.

5. The employer shall provide facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate.

Article 19

1. In accordance with national law and practice, employers shall dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise.

2. Appropriate measures shall be taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

PART IV. SURVEILLANCE OF THE WORKING ENVIRONMENT AND WORKERS' HEALTH

Article 20

1. Where it is necessary for the protection of the health of workers, the employer shall measure the concentrations of airborne asbestos dust in workplaces, and shall monitor the exposure of workers to asbestos at intervals and using methods specified by the competent authority.

2. The records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority.

3. The workers concerned, their representatives and the inspection services shall have access to these records.

4. The workers or their representatives shall have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring.

Article 21

1. Workers who are or have been exposed to asbestos shall be provided, in accordance with national law and practice, with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos.

2. The monitoring of workers' health in connection with the use of asbestos shall not result in any loss of earnings for them. It shall be free of charge and, as far as possible, shall take place during working hours.

3. Workers shall be informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work.

4. When continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income.

5. The competent authority shall develop a system of notification of occupational diseases caused by asbestos.

PART V. INFORMATION AND EDUCATION

Article 22

1. The competent authority shall make appropriate arrangements, in consultation and collaboration with the most representative organisations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control.

2. The competent authority shall ensure that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

3. The employer shall ensure that all workers exposed or likely to be exposed to asbestos are informed about the health hazards related to their work, instructed in preventive measures and correct work practices and receive continuing training in these fields.

PART VI. FINAL PROVISIONS

Article 23

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 24

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 25

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 26

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 27

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 28

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 29

1 Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides-

(a) the ratification by a Member of the revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 25 above, if and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 30

The English and French versions of the text of this Convention are equally authoritative.
Anonymous said…
R147 Occupational Cancer Recommendation, 1974
Recommendation concerning Prevention and Control of Occupational Hazards caused by Carcinogenic Substances and Agents
Recommendation:R147
Place:Geneva
Session of the Conference:59
Date of adoption=24:06:1974
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health
Display the document in: French Spanish
Status: Up-to-date instrument

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-ninth Session on 5 June 1974, and

Noting the terms of the Radiation Protection Convention and Recommendation, 1960, and of the Benzene Convention and Recommendation, 1971, and

Considering that it is desirable to establish international standards concerning protection against carcinogenic substances or agents, and

Taking account of the relevant work of other international organisations, and in particular of the World Health Organisation and the International Agency for Research on Cancer, with which the International Labour Organisation collaborates, and

Having decided upon the adoption of certain proposals regarding control and prevention of occupational hazards caused by carcinogenic substances and agents, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation,

adopts this twenty-fourth day of June of the year one thousand nine hundred and seventy-four, the following Recommendation, which may be cited as the Occupational Cancer Recommendation, 1974:

I. General Provisions

1. Every effort should be made to replace carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents; in the choice of substitute substances or agents account should be taken of their carcinogenic, toxic and other properties.

2. The number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure should be reduced to the minimum compatible with safety.

3.

(1) The competent authority should prescribe the measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents.

(2) The competent authority should keep the measures prescribed up to date, taking into account the codes of practices or guides which may be established by the International Labour Office and the conclusions of meetings of experts which may be convened by the International Labour Office, as well as information from other competent bodies.

4.

(1) Employers should make every effort to use work processes which do not cause the formation, and particularly the emission in the working environment, of carcinogenic substances or agents, as main products, intermediates, by-products, waste products or otherwise.

(2) Where complete elimination of a carcinogenic substance or agent is not possible, employers should use all appropriate measures, in consultation with the workers and their organisations and in the light of advice from competent sources, including occupational health services, to eliminate exposure or reduce it to a minimum in terms of numbers exposed, duration of exposure and degree of exposure.

(3) In cases to be determined by the competent authority, the employer should make arrangements for the systematic surveillance of the duration and degree of exposure to carcinogenic substances or agents in the working environment.

(4) Where carcinogenic substances or agents are transported or stored, all appropriate measures should be taken to prevent leakage or contamination.

5. Workers and others involved in occupational situations in which the risk of exposure to carcinogenic substances or agents may occur should conform to the safety procedures laid down and make proper use of all equipment furnished for their protection or the protection of others.

II. Preventive Measures

6. The competent authority should periodically determine the carcinogenic substances and agents to which occupational exposure should be prohibited or made subject to authorisation or control, and those to which other provisions of this Recommendation apply.

7. In making such determinations the competent authority should give consideration to the latest information contained in the codes of practice or guides which may be established by the International Labour Office, and in the conclusions of meetings of experts which may be convened by the International Labour Office, as well as to information from other competent bodies.

8. The competent authority may permit exemptions from prohibition by issue of a certificate specifying in each case--

(a) the technical, hygiene and personal protection measures to be applied;

(b) the medical supervision or other tests or investigations to be carried out;

(c) the records to be maintained; and

(d) the professional qualifications required of those dealing with the supervision of exposure to the substance or agent in question.

9.

(1) For substances and agents subject to authorisation or control, the competent authority should--

(a) secure the necessary advice, particularly as regards the existence of substitute products or methods and the technical, hygiene and personal protection measures to be applied, as well as the medical supervision or other tests or investigations to be carried out before, during and after assignment to work involving exposure to the substances or agents in question;

(b) require the institution of such measures as are appropriate,

(2) The competent authority should further establish the criteria for determining the degree of exposure to the substances or agents in question, and where appropriate should specify levels as indicators for surveillance of the working environment in connection with the technical preventive measures required.

10. The competent authority should keep the determination of carcinogenic substances and agents made in pursuance of this Part of this Recommendation up to date.

III. Supervision of Health of Workers

11. Provision should be made, by laws or regulations or any other method consistent with national practice and conditions, for all workers assigned to work involving exposure to specified carcinogenic substances or agents to undergo as appropriate--

(a) a pre-assignment medical examination;

(b) periodic medical examinations at suitable intervals;

(c) biological or other tests and investigations which may be necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

12. The competent authority should ensure that provision is made for appropriate medical examinations or biological or other tests or investigations to continue to be available to the worker after cessation of the assignment referred to in Paragraph 11 of this Recommendation.

13. The examinations, tests and investigations provided for in Paragraphs 11 and 12 of this Recommendation should be carried out as far as possible in working hours and should be free of cost to the workers.

14. If as the result of any action taken in pursuance of this Recommendation it is inadvisable to subject a worker to further exposure to carcinogenic substances or agents in that worker's normal employment, every reasonable effort should be made to provide such a worker with suitable alternative employment.

15.

(1) The competent authority should establish and maintain, where practicable and as soon as possible, in association with individual employers and representatives of workers, a system for the prevention and control of occupational cancer including--

(a) the institution, maintenance, preservation and transfer of records; and

(b) exchange of information.

(2) In establishing such a system of records and exchange of information, account should be taken of the assistance which may be provided by international and national organisations, including organisations of employers and workers, and by individual employers.

(3) In the case of closure of an undertaking, records and information held in compliance with this Paragraph should be dealt with in accordance with the directions of the competent authority.

(4) In any country in which the competent authority does not establish such a system of records and information, the employer, in consultation with representatives of workers, should make every effort to attain the objectives of this Paragraph.

IV. Information and Education

16.

(1) The competent authority should promote epidemiological and other studies and collect and disseminate information relevant to occupational cancer risks, with the assistance as appropriate of international and national organisations, including organisations of employers and workers.

(2) It should endeavour to establish the criteria for determining the carcinogenicity of substances and agents.

17. The competent authority should draw up suitable educational guides for both employers and workers on substances and agents liable to give rise to occupational cancer.

18. Employers should seek information, especially from the competent authority, on carcinogenic hazards which may arise with regard to any substance or agent introduced or to be introduced into the undertaking; when a carcinogenic potential is suspected, they should decide in consultation with the competent authority on the additional studies to be carried out.

19. Employers should ensure that in the case of any substance or agent which is carcinogenic there is at the workplace an appropriate indication to any worker who may be liable to exposure of the danger which may arise.

20. Employers should instruct their workers before assignment and regularly thereafter, as well as on introduction of a new carcinogenic substance or agent, on the dangers of exposure to carcinogenic substances and agents and on the measures to be taken.

21. Employers' and workers' organisations should take positive action to carry out programmes of information and education with regard to the hazards of occupational cancer, and should encourage their members to participate fully in programmes of prevention and control.

V. Measures of Application

22. Each Member should--

(a) by laws or regulations or any other method consistent with national practice and conditions, take such steps, including the provision of appropriate penalties, as may be necessary to give effect to the provisions of this Recommendation;

(b) in accordance with national practice, specify the bodies or persons on whom the obligation of compliance with the provisions of this Recommendation rests;

(c) provide appropriate inspection services for the purpose of supervising the application of the provisions of this Recommendation, or satisfy itself that appropriate inspection is carried out.

23. In applying the provisions of this Recommendation, the competent authority should consult with the most representative organisations of employers and workers concerned.
Anonymous said…
In 1991 India ratified C136 Benzene Convention, 1971
Convention concerning Protection against Hazards of Poisoning Arising from Benzene (Note: Date of coming into force: 27:07:1973.)
Convention:C136
Place:Geneva
Session of the Conference:56
Date of adoption:23:06:1971
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health
See the ratifications for this Convention

Display the document in: French Spanish
Status: Instrument to be revised

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and

Having decided upon the adoption of certain proposals with regard to protection against hazards arising from benzene, which is the sixth item on the agenda of the session, and

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

adopts this twenty-third day of June of the year one thousand nine hundred and seventy-one the following Convention, which may be cited as the Benzene Convention, 1971:

Article 1

This Convention applies to all activities involving exposure of workers to--

(a) the aromatic hydrocarbon benzene C6H6, hereinafter referred to as benzene ;

(b) products the benzene content of which exceeds 1 per cent by volume, hereinafter referred to as products containing benzene .

Article 2

1. Whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene.

2. Paragraph 1 of this Article does not apply to--

(a) the production of benzene;

(b) the use of benzene for chemical synthesis;

(c) the use of benzene in motor fuel;

(d) analytical or research work carried out in laboratories.

Article 3

1. The competent authority in a country may permit temporary derogations from the percentage laid down in Article 1, subparagraph (b), and from the provisions of Article 2, paragraph 1, of this Convention under conditions and within limits of time to be determined after consultation with the most representative organisations of employers and workers concerned, where such exist.

2. In such case the Member in question shall indicate in its reports on the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation the position of its law and practice as regards the derogations and any progress made towards complete application of the terms of the Convention.

3. At the expiration of three years from the date on which this Convention first entered into force, the Governing Body of the International Labour Office shall submit to the Conference a special report concerning the application of paragraphs 1 and 2 of this Article and containing such proposals as it may think appropriate for further action in regard to the matter.

Article 4

1. The use of benzene and of products containing benzene shall be prohibited in certain work processes to be specified by national laws or regulations.

2. This prohibition shall at least include the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 5

Occupational hygiene and technical measures shall be taken to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6

1. In premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures shall be taken to prevent the escape of benzene vapour into the air of places of employment.

2. Where workers are exposed to benzene or to products containing benzene, the employer shall ensure that the concentration of benzene in the air of the places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

3. The competent authority shall issue directions on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7

1. Work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

2. Where it is not practicable for the work processes to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

Article 8

1. Workers who may have skin contact with liquid benzene or liquid products containing benzene shall be provided with adequate means of personal protection against the risk of absorbing benzene through the skin.

2. Workers who for special reasons may be exposed to concentrations of benzene in the air of places of employment which exceed the maximum referred to in Article 6, paragraph 2, of this Convention shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. The duration of exposure shall be limited as far as possible.

Article 9

1. Workers who are to be employed in work processes involving exposure to benzene or to products containing benzene shall undergo--

(a) a thorough pre-employment medical examination for fitness for employment which shall include a blood-test;

(b) periodic re-examinations, which shall include biological tests including a blood-test, at intervals fixed by national laws or regulations.

2. The competent authority in a country may, after consultation with the most representative organisations of employers and workers concerned, where such exist, permit exceptions from the obligations of paragraph 1 of this Article in respect of specified categories of workers.

Article 10

1. The medical examinations provided for in Article 9, paragraph 1, of this Convention shall be--

(a) carried out under the responsibility of a qualified physician, approved by the competent authority, and with the assistance, as appropriate, of a competent laboratory;

(b) certified in an appropriate manner.

2. These medical examinations shall not involve the workers in any expense.

Article 11

1. Women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene.

2. Young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene: Provided that this prohibition need not apply to young persons undergoing education or training who are under adequate technical and medical supervision.

Article 12

The word "Benzene" and the necessary danger symbols shall be clearly visible on any container holding benzene or products containing benzene.

Article 13

Each Member shall take appropriate steps to provide 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.

Article 14

Each Member which ratifies this Convention--

(a) shall, by laws or regulations or any other method consistent with national practice and conditions, take such steps as may be necessary to give effect to the provisions of this Convention;

(b) shall, in accordance with national practice, specify the person or persons on whom the obligation of compliance with the provisions of this Convention rests;

(c) undertakes to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out.

Article 15

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 16

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 17

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 18

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 19

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 20

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 21

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new revising Convention shall have come into force;

b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 22

The English and French versions of the text of this Convention are equally authoritative.
Anonymous said…
India has not ratified C155 Occupational Safety and Health Convention, 1981
Convention concerning Occupational Safety and Health and the Working Environment (Note: Date of coming into force: 11:08:1983.)
Convention:C155
Place:Geneva
Session of the Conference:67
Date of adoption:22:06:1981
Subject classification: Occupational Safety and Health
Subject: Occupational Safety and Health
See the ratifications for this Convention

Display the document in: French Spanish
Status: Up-to-date instrument subject to a request for information

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-seventh Session on 3 June 1981, and

Having decided upon the adoption of certain proposals with regard to safety and health and the working environment, which is the sixth item on the agenda of the session, and

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

adopts this twenty-second day of June of the year one thousand nine hundred and eighty-one the following Convention, which may be cited as the Occupational Safety and Health Convention, 1981:

PART I. SCOPE AND DEFINITIONS

Article 1

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

2. A Member ratifying this Convention may, after consultation at the earliest possible stage with the representative organisations of employers and workers concerned, exclude from its application, in part or in whole, particular branches of economic activity, such as maritime shipping or fishing, in respect of which special problems of a substantial nature arise.

3. Each Member which ratifies this Convention shall list, in the first report on the application of the Convention submitted under Article 22 of the Constitution of the International Labour Organisation, any branches which may have been excluded in pursuance of paragraph 2 of this Article, giving the reasons for such exclusion and describing the measures taken to give adequate protection to workers in excluded branches, and shall indicate in subsequent reports any progress towards wider application.

Article 2

1. This Convention applies to all workers in the branches of economic activity covered.

2. A Member ratifying this Convention may, after consultation at the earliest possible stage with the representative organisations of employers and workers concerned, exclude from its application, in part or in whole, limited categories of workers in respect of which there are particular difficulties.

3. Each Member which ratifies this Convention shall list, in the first report on the application of the Convention submitted under Article 22 of the Constitution of the International Labour Organisation, any limited categories of workers which may have been excluded in pursuance of paragraph 2 of this Article, giving the reasons for such exclusion, and shall indicate in subsequent reports any progress towards wider application.

Article 3

For the purpose of this Convention--

(a) the term branches of economic activity covers all branches in which workers are employed, including the public service;

(b) the term workers covers all employed persons, including public employees;

(c) the term workplace covers all places where workers need to be or to go by reason of their work and which are under the direct or indirect control of the employer;

(d) the term regulations covers all provisions given force of law by the competent authority or authorities;

(e) the term health , in relation to work, indicates not merely the absence of disease or infirmity; it also includes the physical and mental elements affecting health which are directly related to safety and hygiene at work.

PART II. PRINCIPLES OF NATIONAL POLICY

Article 4

1. Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organisations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment.

2. The aim of the policy shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.

Article 5

The policy referred to in Article 4 of this Convention shall take account of the following main spheres of action in so far as they affect occupational safety and health and the working environment:

(a) design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (workplaces, working environment, tools, machinery and equipment, chemical, physical and biological substances and agents, work processes);

(b) relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organisation of work and work processes to the physical and mental capacities of the workers;

(c) training, including necessary further training, qualifications and motivations of persons involved, in one capacity or another, in the achievement of adequate levels of safety and health;

(d) communication and co-operation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level;

(e) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of this Convention.

Article 6

The formulation of the policy referred to in Article 4 of this Convention shall indicate the respective functions and responsibilities in respect of occupational safety and health and the working environment of public authorities, employers, workers and others, taking account both of the complementary character of such responsibilities and of national conditions and practice.

Article 7

The situation regarding occupational safety and health and the working environment shall be reviewed at appropriate intervals, either over-all or in respect of particular areas, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results.

PART III. ACTION AT THE NATIONAL LEVEL

Article 8

Each Member shall, by laws or regulations or any other method consistent with national conditions and practice and in consultation with the representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to Article 4 of this Convention.

Article 9

1. The enforcement of laws and regulations concerning occupational safety and health and the working environment shall be secured by an adequate and appropriate system of inspection.

2. The enforcement system shall provide for adequate penalties for violations of the laws and regulations.

Article 10

Measures shall be taken to provide guidance to employers and workers so as to help them to comply with legal obligations.

Article 11

To give effect to the policy referred to in Article 4 of this Convention, the competent authority or authorities shall ensure that the following functions are progressively carried out:

(a) the determination, where the nature and degree of hazards so require, of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, the safety of technical equipment used at work, as well as the application of procedures defined by the competent authorities;

(b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorisation or control by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents shall be taken into consideration;

(c) the establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases;

(d) the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious;

(e) the publication, annually, of information on measures taken in pursuance of the policy referred to in Article 4 of this Convention and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work;

(f) the introduction or extension of systems, taking into account national conditions and possibilities, to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Article 12

Measures shall be taken, in accordance with national law and practice, with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use--

(a) satisfy themselves that, so far as is reasonably practicable, the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly;

(b) make available information concerning the correct installation and use of machinery and equipment and the correct use of substances, and information on hazards of machinery and equipment and dangerous properties of chemical substances and physical and biological agents or products, as well as instructions on how known hazards are to be avoided;

(c) undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.

Article 13

A worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences in accordance with national conditions and practice.

Article 14

Measures shall be taken with a view to promoting in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

Article 15

1. With a view to ensuring the coherence of the policy referred to in Article 4 of this Convention and of measures for its application, each Member shall, after consultation at the earliest possible stage with the most representative organisations of employers and workers, and with other bodies as appropriate, make arrangements appropriate to national conditions and practice to ensure the necessary co-ordination between various authorities and bodies called upon to give effect to Parts II and III of this Convention.

2. Whenever circumstances so require and national conditions and practice permit, these arrangements shall include the establishment of a central body.

PART IV. ACTION AT THE LEVEL OF THE UNDERTAKING

Article 16

1. Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.

2. Employers shall be required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.

3. Employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far is reasonably practicable, risk of accidents or of adverse effects on health.

Article 17

Whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of this Convention.

Article 18

Employers shall be required to provide, where necessary, for measures to deal with emergencies and accidents, including adequate first-aid arrangements.

Article 19

There shall be arrangements at the level of the undertaking under which--

(a) workers, in the course of performing their work, co-operate in the fulfilment by their employer of the obligations placed upon him;

(b) representatives of workers in the undertaking co-operate with the employer in the field of occupational safety and health;

(c) representatives of workers in an undertaking are given adequate information on measures taken by the employer to secure occupational safety and health and may consult their representative organisations about such information provided they do not disclose commercial secrets;

(d) workers and their representatives in the undertaking are given appropriate training in occupational safety and health;

(e) workers or their representatives and, as the case may be, their representative organisations in an undertaking, in accordance with national law and practice, are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work; for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking;

(f) a worker reports forthwith to his immediate supervisor any situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health; until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 20

Co-operation between management and workers and/or their representatives within the undertaking shall be an essential element of organisational and other measures taken in pursuance of Articles 16 to 19 of this Convention.

Article 21

Occupational safety and health measures shall not involve any expenditure for the workers.

PART V. FINAL PROVISIONS

Article 22

This Convention does not revise any international labour Conventions or Recommendations.

Article 23

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 24

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 25

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 26

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 27

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 28

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 29

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 25 above, if and when the new revising Convention shall have come into force;

b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 30

The English and French versions of the text of this Convention are equally authoritative.
Anonymous said…
P155 Protocol of 2002 to the Occupational Safety and Health Convention, 1981
Protocol of 2002 to the Occupational Safety and Health Convention (Note: Date of coming into force. 09:02:2005)
Convention:P155
Place:Geneva
Session of the Conference:90
Date of adoption:20:06:2002
Subject classification: Occupational Safety and Health
Subject: Occupational Safety and Health
See the ratifications for this Convention

Display the document in: French Spanish
Status: Up-to-date instrument This Protocol was adopted after 1985 and is considered up to date.

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 90th Session on 3 June 2002, and

Noting the provisions of Article 11 of the Occupational Safety and Health Convention, 1981, (hereinafter referred to as "the Convention"), which states in particular that:

"To give effect to the policy referred to in Article 4 of this Convention, the competent authority or authorities shall ensure that the following functions are progressively carried out:

...

(c) the establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases;

...

(e) the publication, annually, of information on measures taken in pursuance of the policy referred to in Article 4 of this Convention and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work",

and

Having regard to the need to strengthen recording and notification procedures for occupational accidents and diseases and to promote the harmonization of recording and notification systems with the aim of identifying their causes and establishing preventive measures, and

Having decided upon the adoption of certain proposals with regard to the recording and notification of occupational accidents and diseases, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a protocol to the Occupational Safety and Health Convention, 1981;

adopts this twentieth day of June two thousand and two the following Protocol, which may be cited as the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

I. DEFINITIONS

Article 1

For the purpose of this Protocol:

(a) the term occupational accident covers an occurrence arising out of, or in the course of, work which results in fatal or non-fatal injury;

(b) the term occupational disease covers any disease contracted as a result of an exposure to risk factors arising from work activity;

(c) the term dangerous occurrence covers a readily identifiable event as defined under national laws and regulations, with potential to cause an injury or disease to persons at work or to the public;

(d) the term commuting accident covers an accident resulting in death or personal injury occurring on the direct way between the place of work and:

(i) the worker's principal or secondary residence; or

(ii) the place where the worker usually takes a meal; or

(iii) the place where the worker usually receives his or her remuneration.

II. SYSTEMS FOR RECORDING AND NOTIFICATION

Article 2

The competent authority shall, by laws or regulations or any other method consistent with national conditions and practice, and in consultation with the most representative organizations of employers and workers, establish and periodically review requirements and procedures for:

(a) the recording of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases; and

(b) the notification of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases.

Article 3

The requirements and procedures for recording shall determine:

(a) the responsibility of employers:

(i) to record occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases;

(ii) to provide appropriate information to workers and their representatives concerning the recording system;

(iii) to ensure appropriate maintenance of these records and their use for the establishment of preventive measures; and

(iv) to refrain from instituting retaliatory or disciplinary measures against a worker for reporting an occupational accident, occupational disease, dangerous occurrence, commuting accident or suspected case of occupational disease;

(b) the information to be recorded;

(c) the duration for maintaining these records; and

(d) measures to ensure the confidentiality of personal and medical data in the employer's possession, in accordance with national laws and regulations, conditions and practice.

Article 4

The requirements and procedures for the notification shall determine:

(a) the responsibility of employers:

(i) to notify the competent authorities or other designated bodies of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases; and

(ii) to provide appropriate information to workers and their representatives concerning the notified cases;

(b) where appropriate, arrangements for notification of occupational accidents and occupational diseases by insurance institutions, occupational health services, medical practitioners and other bodies directly concerned;

(c) the criteria according to which occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases are to be notified; and

(d) the time limits for notification.

Article 5

The notification shall include data on:

(a) the enterprise, establishment and employer;

(b) if applicable, the injured persons and the nature of the injuries or disease; and

(c) the workplace, the circumstances of the accident or the dangerous occurrence and, in the case of an occupational disease, the circumstances of the exposure to health hazards.

III. NATIONAL STATISTICS

Article 6

Each Member which ratifies this Protocol shall, based on the notifications and other available information, publish annually statistics that are compiled in such a way as to be representative of the country as a whole, concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.

Article 7

The statistics shall be established following classification schemes that are compatible with the latest relevant international schemes established under the auspices of the International Labour Organization or other competent international organizations.

IV. FINAL PROVISIONS

Article 8

1. A Member may ratify this Protocol at the same time as or at any time after its ratification of the Convention, by communicating its formal ratification to the Director-General of the International Labour Office for registration.

2. The Protocol shall come into force 12 months after the date on which ratifications of two Members have been registered by the Director-General. Thereafter, this Protocol shall come into force for a Member 12 months after the date on which its ratification has been registered by the Director-General and the Convention shall be binding on the Member concerned with the addition of Articles 1 to 7 of this Protocol.

Article 9

1. A Member which has ratified this Protocol may denounce it whenever the Convention is open to denunciation in accordance with its Article 25, by an act communicated to the Director-General of the International Labour Office for registration.

2. Denunciation of the Convention in accordance with its Article 25 by a Member which has ratified this Protocol shall ipso jure involve the denunciation of this Protocol.

3. Any denunciation of this Protocol in accordance with paragraphs 1 or 2 of this Article shall not take effect until one year after the date on which it is registered.

Article 10

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and acts of denunciation communicated by the Members of the Organization.

2. When notifying the Members of the Organization of the registration of the second ratification, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Protocol shall come into force.

Article 11

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles.

Article 12

The English and French versions of the text of this Protocol are equally authoritative.
Anonymous said…
India should ratify C170 Chemicals Convention, 1990
Convention concerning Safety in the use of Chemicals at Work (Note: Date of coming into force: 04:11:1993.)
Convention:C170
Place:Geneva
Session of the Conference:77
Date of adoption:25:06:1990
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health
See the ratifications for this Convention

Display the document in: French Spanish
Status: Up-to-date instrument This Convention was adopted after 1985 and is considered up to date.

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 77th Session on 6 June 1990, and

Noting the relevant international labour Conventions and Recommendations and, in particular, the Benzene Convention and Recommendation, 1971, the Occupational Cancer Convention and Recommendation, 1974, the Working Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the Occupational Safety and Health Convention and Recommendation, 1981, the Occupational Health Services Convention and Recommendation, 1985, the Asbestos Convention and Recommendation, 1986, and the list of occupational diseases, as amended in 1980, appended to the Employment Injury Benefits Convention, 1964, and

Noting that the protection of workers from the harmful effects of chemicals also enhances the protection of the general public and the environment, and

Noting that workers have a need for, and right to, information about the chemicals they use at work, and

Considering that it is essential to prevent or reduce the incidence of chemically induced illnesses and injuries at work by:

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

(b) providing employers with a mechanism to obtain from suppliers information about the chemicals used at work so that they can implement effective programmes to protect workers from chemical hazards;

(c) providing workers with information about the chemicals at their workplaces, and about appropriate preventive measures so that they can effectively participate in protective programmes;

(d) establishing principles for such programmes to ensure that chemicals are used safely, and

Having regard to the need for co-operation within the International Programme on Chemical Safety between the International Labour Organisation, the United Nations Environment Programme and the World Health Organisation as well as with the Food and Agriculture Organisation of the United Nations and the United Nations Industrial Development Organisation, and noting the relevant instruments, codes and guide-lines promulgated by these organisations, and

Having decided upon the adoption of certain proposals with regard to safety in the use of chemicals at work, which is the fifth item on the agenda of the session, and

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

adopts this twenty-fifth day of June of the year one thousand nine hundred and ninety the following Convention, which may be cited as the Chemicals Convention, 1990:

PART I. SCOPE AND DEFINITIONS

Article 1

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

2. The competent authority of a Member ratifying this Convention, after consulting the most representative organisations of employers and workers concerned, and on the basis of an assessment of the hazards involved and the protective measures to be applied:

(a) may exclude particular branches of economic activity, undertakings or products from the application of the Convention, or certain provisions thereof, when:

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

(ii) the overall protection afforded in pursuance of national law and practice is not inferior to that which would result from the full application of the provisions of the Convention;

(b) shall make special provision to protect confidential information whose disclosure to a competitor would be liable to cause harm to an employer's business so long as the safety and health of workers are not compromised thereby.

3. This Convention does not apply to articles which will not expose workers to a hazardous chemical under normal or reasonably foreseeable conditions of use.

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

Article 2

For the purposes of this Convention:

(a) the term chemicals means chemical elements and compounds, and mixtures thereof, whether natural or synthetic;

(b) the term hazardous chemical includes any chemical which has been classified as hazardous in accordance with Article 6 or for which relevant information exists to indicate that the chemical is hazardous;

(c) the term use of chemicals at work means any work activity which may expose a worker to a chemical, including:

(i) the production of chemicals;

(ii) the handling of chemicals;

(iii) the storage of chemicals;

(iv) the transport of chemicals;

(v) the disposal and treatment of waste chemicals;

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

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

(d) the term branches of economic activity means all branches in which workers are employed, including the public service;

(e) the term article means an object which is formed to a specific shape or design during its manufacture or which is in its natural shape, and whose use in that form is dependent in whole or in part on its shape or design;

(f) the term workers' representatives means persons who are recognised as such by national law or practice, in accordance with the Workers' Representatives Convention, 1971.

PART II. GENERAL PRINCIPLES

Article 3

The most representative organisations of employers and workers concerned shall be consulted on the measures to be taken to give effect to the provisions of this Convention.

Article 4

In the light of national conditions and practice and in consultation with the most representative organisations of employers and workers, each Member shall formulate, implement and periodically review a coherent policy on safety in the use of chemicals at work.

Article 5

The competent authority shall have the power, if justified on safety and health grounds, to prohibit or restrict the use of certain hazardous chemicals, or to require advance notification and authorisation before such chemicals are used.

PART III. CLASSIFICATION AND RELATED MEASURES

Article 6

CLASSIFICATION SYSTEMS

1. Systems and specific criteria appropriate for the classification of all chemicals according to the type and degree of their intrinsic health and physical hazards and for assessing the relevance of the information required to determine whether a chemical is hazardous shall be established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.

2. The hazardous properties of mixtures composed of two or more chemicals may be determined by assessments based on the intrinsic hazards of their component chemicals.

3. In the case of transport, such systems and criteria shall take into account the United Nations Recommendations on the transport of dangerous goods.

4. The classification systems and their application shall be progressively extended.

Article 7

LABELLING AND MARKING

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

2. Hazardous chemicals shall in addition be labelled, in a way easily understandable to the workers, so as to provide essential information regarding their classification, the hazards they present and the safety precautions to be observed.

3.(1) Requirements for marking or labelling chemicals pursuant to paragraphs 1 and 2 of this Article shall be established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.

(2) In the case of transport, such requirements shall take into account the United Nations Recommendations on the transport of dangerous goods.

Article 8

CHEMICAL SAFETY DATA SHEETS

1. For hazardous chemicals, chemical safety data sheets containing detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures shall be provided to employers.

2. Criteria for the preparation of chemical safety data sheets shall be established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.

3. The chemical or common name used to identify the chemical on the chemical safety data sheet shall be the same as that used on the label.

Article 9

RESPONSIBILITIES OF SUPPLIERS

1. Suppliers of chemicals, whether manufacturers, importers or distributors, shall ensure that:

(a) such chemicals have been classified in accordance with Article 6 on the basis of knowledge of their properties and a search of available information or assessed in accordance with paragraph 3 below;

(b) such chemicals are marked so as to indicate their identity in accordance with Article 7, paragraph 1;

(c) hazardous chemicals they supply are labelled in accordance with Article 7, paragraph 2;

(d) chemical safety data sheets are prepared for such hazardous chemicals in accordance with Article 8, paragraph 1, and provided to employers.

2. Suppliers of hazardous chemicals shall ensure that revised labels and chemical safety data sheets are prepared and provided to employers, by a method which accords with national law and practice, whenever new relevant safety and health information becomes available.

3. Suppliers of chemicals which have not yet been classified in accordance with Article 6 shall identify the chemicals they supply and assess the properties of these chemicals on the basis of a search of available information in order to determine whether they are hazardous chemicals.

PART IV. RESPONSIBILITIES OF EMPLOYERS

Article 10

IDENTIFICATION

1. Employers shall ensure that all chemicals used at work are labelled or marked as required by Article 7 and that chemical safety data sheets have been provided as required by Article 8 and are made available to workers and their representatives.

2. Employers receiving chemicals that have not been labelled or marked as required under Article 7, or for which chemical safety data sheets have not been provided as required under Article 8, shall obtain the relevant information from the supplier or from other reasonably available sources, and shall not use the chemicals until such information is obtained.

3. Employers shall ensure that only chemicals which are classified in accordance with Article 6 or identified and assessed in accordance with Article 9, paragraph 3, and labelled or marked in accordance with Article 7 are used and that any necessary precautions are taken when they are used.

4. Employers shall maintain a record of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets. This record shall be accessible to all workers concerned and their representatives.

Article 11

TRANSFER OF CHEMICALS

Employers shall ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Article 12

EXPOSURE

Employers shall:

(a) ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits or other exposure criteria for the evaluation and control of the working environment established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards;

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

(c) monitor and record the exposure of workers to hazardous chemicals when this is necessary to safeguard their safety and health or as may be prescribed by the competent authority;

(d) ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives.

Article 13

OPERATIONAL CONTROL

1. Employers shall make an assessment of the risks arising from the use of chemicals at work, and shall protect workers against such risks by appropriate means, such as:

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

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

(c) the use of adequate engineering control measures;

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

(e) the adoption of adequate occupational hygiene measures;

(f) where recourse to the above measures does not suffice, the provision and proper maintenance of personal protective equipment and clothing at no cost to the worker, and the implementation of measures to ensure their use.

2. Employers shall:

(a) limit exposure to hazardous chemicals so as to protect the safety and health of workers;

(b) provide first aid;

(c) make arrangements to deal with emergencies.

Article 14

DISPOSAL

Hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals, shall be handled or disposed of in a manner which eliminates or minimises the risk to safety and health and to the environment, in accordance with national law and practice.

Article 15

INFORMATION AND TRAINING

Employers shall:

(a) inform the workers of the hazards associated with exposure to chemicals used at the workplace;

(b) instruct the workers how to obtain and use the information provided on labels and chemical safety data sheets;

(c) use the chemical safety data sheets, along with information specific to the workplace, as a basis for the preparation of instructions to workers, which should be written if appropriate;

(d) train the workers on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work.

Article 16

CO-OPERATION

Employers, in discharging their responsibilities, shall co-operate as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work.

PART V. DUTIES OF WORKERS

Article 17

1. Workers shall co-operate as closely as possible with their employers in the discharge by the employers of their responsibilities and comply with all procedures and practices relating to safety in the use of chemicals at work.

2. Workers shall take all reasonable steps to eliminate or minimise risk to themselves and to others from the use of chemicals at work.

PART VI. RIGHTS oF WORKERS AND THEIR REPRESENTATIVES

Article 18

1. Workers shall have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and shall inform their supervisor immediately.

2. Workers who remove themselves from danger in accordance with the provisions of the previous paragraph or who exercise any other rights under this Convention shall be protected against undue consequences.

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

(a) information on the identity of chemicals used at work, the hazardous properties of such chemicals, precautionary measures, education and training;

(b) the information contained in labels and markings;

(c) chemical safety data sheets;

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

4. Where disclosure of the specific identity of an ingredient of a chemical mixture to a competitor would be liable to cause harm to the employer's business, the employer may, in providing the information required under paragraph 3 above, protect that identity in a manner approved by the competent authority under Article 1, paragraph 2 (b).

PART VII. RESPONSIBILITY OF EXPORTING STATES

Article 19

When in an exporting member State all or some uses of hazardous chemicals are prohibited for reasons of safety and health at work, this fact and the reasons for it shall be communicated by the exporting member State to any importing country.

Article 20

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 21

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 22

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 23

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 24

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 25

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 26

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 22 above, if and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 27

The English and French versions of the text of this Convention are equally authoritative.
Anonymous said…
R172 Asbestos Recommendation, 1986
RECOMMENDATION CONCERNING SAFETY IN THE USE OF ASBESTOS
Recommendation:R172
Place:Geneva
Session of the Conference:72
Date of adoption=24:06:1986
Subject classification: Toxic Substances and Agents
Subject: Occupational Safety and Health
Display the document in: French Spanish
Status: Up-to-date instrument This Recommendation was adopted after 1985 and is considered up to date.

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-second Session on 4 June 1986, and

Noting the relevant international labour Conventions and Recommendations, and in particular the Occupational Cancer Convention and Recommendation, 1974, the Working Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the Occupational Safety and Health Convention and Recommendation, 1981, the Occupational Health Services Convention and Recommendation, 1985, the list of occupational diseases as revised in 1980 appended to the Employment Injury Benefits Convention, 1964, as well as the Code of practice on safety in the use of asbestos,published by the International Labour Office in 1984, which establish the principles of national policy and action at the national level, and

Having decided upon the adoption of certain proposals with regard to safety in the use of asbestos, which is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation supplementing the Asbestos Convention, 1986,

adopts this twenty-fourth day of June of the year one thousand nine hundred and eighty-six, the following Recommendation, which may be cited as the Asbestos Recommendation, 1986;

I. Scope and Definitions

1.

(1) The provisions of the Asbestos Convention, 1986, and of this Recommendation should be applied to all activities involving a risk of exposure of workers to asbestos in the course of work.

(2) Measures should be taken, in accordance with national law and practice, to afford to self-employed persons protection analogous to that provided for in the Asbestos Convention, 1986, and in this Recommendation.

(3) Employment of young persons of less than 18 years of age in activities involving a risk of occupational exposure to asbestos should receive special attention, as required by the competent authority.

2. Activities involving a risk of occupational exposure to asbestos should include in particular -

(a) mining and milling of minerals containing asbestos;

(b) manufacture of materials or products containing asbestos;

(c) use or application of products containing asbestos;

(d) stripping, repair or maintenance of products containing asbestos;

(e) demolition or repair of plant or structure containing asbestos;

(f) transportation, storage and handling of asbestos or materials containing asbestos;

(g) other activities involving a risk of exposure to airborne asbestos dust.

3. For the purpose of this Recommendation -

(a) the term asbestos means the fibrous form of mineral silicate belonging to rock-forming minerals of the serpentine group, i.e. chrysotile (white asbestos), and of the amphibole group, i.e. actinolite amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos) , tremolite, or any mixture containing one or more of these;

(b) the term asbestos dust means airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the working environment;

(c) the term airborne asbestos dust means, for purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;

(d) the term respirable asbestos fibres means asbestos fibres having a diameter of less than 3 Wm, and a length-to-diameter ratio greater than 3:1. Only fibres of a length greater than 5 Wm should be taken into account for the purpose of measurement;

(e) the term exposure to asbestos means exposure at work to airborne respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos;

(f) the term workers includes the members of production co-operatives.

(g) the term workers' representatives means the workers' representatives recognised as such by national law or practice, in conformity with the Workers' Representatives Convention, 1971.

II. General Principles

4. The measures prescribed pursuant to Article 3 of the Asbestos Convention, 1986, should be so framed as to cover the diversity of risks of occupational exposure to asbestos in all branches of economic activity, and should be drawn up with due regard to Articles 1 and 2 of the Occupational Cancer Convention, 1974.

5. The competent authority should periodically review the measures prescribed, taking into account the Code of practice on safety in the use of asbestos published by the International Labour Office and other codes of practice or guides which may be established by the International Labour Office and the conclusions of meetings of experts which may be convened by it, as well as information from other competent bodies on asbestos and substitute materials.

6. The competent authority, in the application of the provisions of this Recommendation, should act after consultation with the most representative organisations of employers and workers.

7.

(1) The employer should use all appropriate measures, in consultation and co-operation with the workers concerned or their representatives and in the light of advice from competent sources, including occupational health services, to prevent or control exposure to asbestos.

(2) In accordance with national law and practice, consultation and co-operation between an employer and the workers he employs might be carried out through-

(a) workers' safety delegates;

(b) workers' safety and health committees or joint safety and health committees;

(c) other workers' representatives.

8. Workers engaged in work with asbestos or products containing asbestos should be required within the limits of their responsibility to comply with the prescribed safety and hygiene procedures, including the use of adequate protective equipment.

9.

(1) A worker who has removed himself from a work situation which he has reasonable justification to believe presents serious danger to his life or health should-

(a) alert his immediate supervisor;

(b) be protected from retaliatory or disciplinary measures, in accordance with national conditions and practice.

(2) No measure prejudicial to a worker should be taken by reference to the fact that, in good faith, he complained of what he considered to be a breach of statutory requirements or a serious inadequacy in the measures taken by the employer in respect of occupational safety and health and the working environment.

III. Protective and Preventive Measures

10.

(1) The competent authority should ensure that exposure to asbestos is prevented or controlled by prescribing engineering controls and work practices, including workplace hygiene, which afford maximum protection to workers.

(2) The competent authority should periodically determine, on the basis of the level of exposure and the circumstances and conditions prevailing in the working environment, and in the light of scientific research and technological progress-

(a) the types of asbestos and products containing asbestos whose use should be subject to authorisation and the work processes which should be subject to authorisation;

(b) the types of asbestos and products containing asbestos whose use should be totally or partially prohibited and the work processes in which the use of asbestos or certain types of asbestos or products containing asbestos should be prohibited.

(3) The prohibition or authorisation of the use of certain types of asbestos or products containing asbestos and their replacement by other substances should be based on scientific assessment of their danger to health.

11.

(1) The competent authority should encourage research into technical and health problems relating to exposure to asbestos, substitute materials and alternative technologies.

(2) The competent authority should encourage research into and development of products containing asbestos, other substitute materials or alternative technologies which are harmless or less harmful, with a view to eliminating or decreasing the risk for the workers.

12.

(1) The competent authority, wherever necessary for the protection of the workers, should require the replacement of asbestos by substitute materials, wherever possible.

(2) Before being accepted for use in any process, all potential substitute materials should be thoroughly evaluated for their possible harmful effects on health. The health of workers exposed to such materials should be continuously supervised, if judged necessary.

13.

(1) With a view to the effective enforcement of the national laws and regulations, the competent authority should prescribe the information to be supplied in the notifications of work with asbestos provided for in Article 13 of the Asbestos Convention, 1986.

(2) This information should include in particular the following:

(a) the type and quantity of asbestos used;

(b) the activities and processes carried out;

(c) the products manufactured;

(d) the number of workers exposed and the level and frequency of their exposure;

(e) the preventive and protective measures taken to comply with the national laws and regulations;

(f) any other information necessary to safeguard the workers' health.

14.

(1) Demolition of those parts of plants or structures which contain friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, should be subject to authorisation, which should be granted only to employers or contractors who are recognised by the competent authority as qualified to carry out such work in accordance with the provisions of this Recommendation.

(2) The employer or contractor should be required before starting demolition or removal work to draw up a work plan specifying the measures to be taken before the commencement of work, including measures to-

(a) provide all necessary protection to the workers;

(b) limit the release of asbestos dust into the air;

(c) inform workers who may be affected of the possible release of asbestos dust into the air, of the general procedures and equipment to be used, and of the precautions to be taken; and

(d) provide for the disposal of waste containing asbestos in accordance with Paragraph 28 of this Recommendation.

(3) The workers or their representatives should be consulted concerning the work plan referred to in subparagraph (2) above.

15.

(1) Each employer should establish and implement, with the participation of the workers he employs, a programme for the prevention and control of the workers' exposure to asbestos. This programme should be reviewed at regular intervals and in the light of changes in the work processes and machinery used or in the techniques and methods of prevention and control.

(2) The competent authority should, in accordance with national practice, undertake activities to assist in particular small undertakings, where technical knowledge or means may be lacking, with the establishment of preventive programmes in cases in which exposure to asbestos may occur.

16. Technical protective appliances and appropriate work practices should be adopted to prevent the release of asbestos dust into the air of workplaces. Even where exposure limits or other exposure criteria are complied with, such measures should be taken so as to reduce the exposure to as low a level as is reasonably practicable.

17. The measures to be taken to prevent or control the exposure, and to avoid exposure, of workers to asbestos should include in particular the following-

(a) asbestos should be used only when its risks can be prevented or controlled; otherwise, it should be replaced, when technically feasible, by other materials or the use of alternative technologies, scientifically evaluated as harmless or less harmful;

(b) the number of persons assigned to work involving exposure to asbestos and the duration of their exposure should be kept to the minimum required for the safe performance of the task;

(c) machinery, equipment and work processes should be used which eliminate or minimise the formation of asbestos dust, and particularly its release into the working and general environment;

(d) workplaces where the use of asbestos may result in the release of asbestos dust into the air should be separated from the general working environment in order to avoid possible exposure of other workers to asbestos;

(e) the areas of activity which involve exposure to asbestos should be clearly demarcated and indicated by warning signs restricting unauthorised access;

(f) the location of asbestos used in the construction of premises should be recorded.

18.

(1) The use of crocidolite and products containing this fibre should be prohibited.

(2) The competent authority should be empowered, after consultation with the most representative organisations of employers and workers concerned, to permit derogations from the prohibition contained in subparagraph (1) above when replacement is not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.

19.

(1) Spraying of all forms of asbestos should be prohibited.

(2) The installation of friable asbestos insulation materials should be prohibited.

(3) The competent authority should be empowered, after consultation with the most representative organisations of employers and workers concerned, to permit derogations from the prohibition contained in subparagraphs (1) and (2) above when alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.

20.

(1) Producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos should be made responsible for the appropriate and adequate labelling of the container or product.

(2) National laws or regulations should require that the label be printed in the language or languages in common use in the country concerned and indicate that the container or product contains asbestos, that the inhalation of asbestos dust carries a health risk, and that appropriate protective measures should be taken.

(3) National laws or regulations should require producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos to develop and provide a data sheet listing the asbestos content, health hazards and appropriate protective measures for the material or product.

21. The system of inspection provided for in Article 5 of the Asbestos Convention, 1986, should be based on the provisions of the Labour Inspection Convention, 1947. Inspection should be carried out by qualified personnel. The inspection services should be able to obtain from the employer the information referred to in Paragraph 13 above.

22.

(1) The exposure limits should be fixed by reference to the time-weighted concentration of airborne asbestos dust, commonly expressed in terms of an eight-hour day and a 40-hour week, and to a recognised method of sampling and measuring.

(2) The exposure limits should be periodically reviewed and updated in the light of technological progress and advances in technical and medical knowledge.

23. The installations, ventilation systems, machinery and protective appliances for asbestos dust control should be regularly checked and maintained in good working order.

24. Workplaces should be cleaned by a safe method as frequently as is necessary to prevent the accumulation of asbestos dust on surfaces. The provisions of the Asbestos Convention, 1986, and this Recommendation should apply to the cleaning staff.

25.

(1) When hazards from airborne asbestos dust cannot be otherwise prevented or controlled, the employer should provide, maintain and replace as necessary, at no cost to the workers, adequate respiratory protective equipment and special clothing as appropriate. In such situations, the workers should be required to use such equipment.

(2) Respiratory protective equipment should comply with standards set by the competent authority and be used only as a supplementary, temporary, emergency or exceptional measure and not as an alternative to technical control.

(3) When the use of respiratory equipment is required, adequate rest breaks in appropriate rest areas should be provided for, taking into account the physical strain caused by the use of such equipment.

26.

(1) Where workers' personal clothing may become contaminated with asbestos dust, the employer, in accordance with national laws or regulations and in consultation with the workers' representatives, should provide at no cost to the worker appropriate work clothing, which should not be worn outside the workplace.

(2) Employers should provide workers with adequate information in an appropriate form on the health hazards to their families or others which could result from taking home clothing contaminated by asbestos dust.

(3) The handling and cleaning of used work clothing and special protective clothing should be carried out under controlled conditions, as required by the competent authority, to prevent the release of asbestos dust.

27.

(1) For workers who are exposed to asbestos, double changing rooms, washing facilities, showers and rest areas, as appropriate, should be provided.

(2) Adequate time should be allowed, within working hours, for changing, showering or washing after the work shift, in accordance with national practice.

28.

(1) In accordance with national law and practice, employers should dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise.

(2) Appropriate measures should be taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

IV. Surveillance of the Working Environment and Workers' Health

29. In cases determined by the competent authority, the employer should make arrangements for systematic surveillance of the concentration of airborne asbestos dust in the workplace and of the duration and level of exposure of workers to asbestos and for the surveillance of the workers' health.

30.

(1) The level of exposure of workers to asbestos should be measured or calculated in terms of time-weighted average concentrations for a specific reference period.

(2) The sampling and measurement of the concentration of airborne asbestos dust should be carried out by qualified personnel, using methods approved by the competent authority.

(3) The frequency and extent of sampling and measurement should be related to the level of risk, to changes in the work processes or other relevant circumstances.

(4) In evaluating the risk the competent authority should take into consideration the risk posed by all sizes of asbestos fibres.

31.

(1) For the prevention of disease and functional impairment related to exposure to asbestos, all workers assigned to work involving exposure to asbestos should be provided, as appropriate, with-

(a) a pre-assignment medical examination;

(b) periodic medical examinations at appropriate intervals;

(c) other tests and investigations, in particular chest radiographs and lung function tests, which may be necessary to supervise their state of health in relation to the occupational hazard and to identify early indicators of disease caused by asbestos.

(2) The intervals between medical examinations should be determined by the competent authority, taking into account the level of exposure and the workers' state of health in relation to the occupational hazard.

(3) The competent authority should ensure that provision is made, in accordance with national law and practice, for appropriate medical examinations to continue to be available to workers after termination of an assigment involving exposure to asbestos.

(4) The examinations, tests and investigations provided for in subparagraphs (1) and (3) above should be carried out as far as possible in working hours and should entail no cost to the worker.

(5) Where the results of medical tests or investigations reveal clinical or preclinical effects, measures should be taken to prevent or reduce exposure of the workers concerned and to prevent further deterioration of their health.

(6) Results of medical examinations should be used to determine health status with regard to exposure to asbestos and should not be used to discriminate against the worker.

(7) The results of medical examinations should be used to help place the worker in a job which is compatible with the status of his health.

(8) Workers subject to supervision of their health should have-

(a) the right to confidentiality of personal and medical information;

(b) the right to full and detailed explanations of the purposes and results of the supervision;

(c) the right to refuse invasive medical procedures which infringe on their corporal integrity.

32. Workers should be informed in an adequate and appropriate manner, in accordance with national practice, of the results of the medical examinations and receive individual advice concerning their health in relation to their work.

33. When an occupational disease caused by asbestos has been detected by health surveillance, the competent authority should be notified in conformity with national law and practice.

34. When continued assignment to work involving exposure to asbestos is found to be medically inadvisable every effort should be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income.

35. National laws or regulations should provide for the compensation of workers who contract a disease or develop a functional impairment related to occupational exposure to asbestos, in accordance with the Employment Injury Benefits Convention, 1964.

36.

(1) The records of the monitoring of the working environment should be kept for a period of not less than 30 years.

(2) Records of the monitoring of exposure of workers as well as the sections of their medical files relevant to health hazards due to exposure to asbestos and chest radiographs should be kept for a period of not less than 30 years following termination of an assignment involving exposure to asbestos.

37. The workers concerned, their representatives and the inspection services should have access to the records of the monitoring of the working environment.

38. In the case of closure of an undertaking, or after termination of engagement of a worker, records and information kept in accordance with Paragraph 36 above should be deposited in accordance with the directions of the competent authority.

39. In accordance with the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, adopted by the Governing Body of the International Labour Office, a national or multinational enterprise with more than one establishment should be required to provide safety measures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos, without discrimination, to the workers in all its establishments regardless of the place or country in which they are situated.

V. Information and Education

40. The competent authority should take measures to promote the training and information of all persons concerned with respect to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

41. The competent authority, in consultation with the most representative organisations of employers and workers concerned, should draw up suitable educational guides for employers, workers and others.

42. Employers should ensure that workers liable to be exposed to asbestos receive periodic training and instructions, at no cost to them, in a language and manner which are easily understood by them, on the effects of such exposure on health, on measures to be taken to prevent and control exposure to asbestos, especially on correct work practices which prevent and control the formation and release of asbestos dust into the air and on the use of the general and personal protective equipment placed at the workers' disposal.

43. Educational measures should draw attention to the particular danger to the health of workers created by the combination of smoking and exposure to asbestos.

44. Employers' and workers' organisations should take positive action to cooperate in and contribute to programmes of training, information, prevention, control and protection in relation to occupational hazards due to exposure to asbestos.

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