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Benzene Convention, 1971 (No. 136) - Zambia (RATIFICATION: 1973)

The Committee notes the report of the Government including information regarding effect given to Article 10(1). As regards its previous comments the Committee also notes the following:

Article 6(2) of the Convention. Maximum levels of concentration of benzene in the air at places of work. The Committee notes the information that the Government is in agreement with the Committee that the national exposure limit is high and that the Government undertakes to review the regulation and make the necessary amendments in tripartite consultation. It also notes that the Government indicates that it has recommended employers to apply the occupational exposure limits for airborne toxic substances as provided by the ILO. With reference to its previous comments the Committee would like to reiterate that current internationally agreed limit values for benzene are those recommended by the American Conference of Industrial Hygienists (ACGIH) which presently are recommended to be at a maximum of 0.5 parts per million or 0.6 mg/m3. Against this background, the Committee requests the Government to take into account the recommendation of the American Conference of Industrial Hygienists both in practice and in the context of the legislative reform it has undertaken to carry out. The Committee also requests the Government to provide further information on the maximum limit value actually applied in practice for occupational exposure to benzene.

Article 8. Personal protective equipment. With reference to its previous comment the Committee notes the reference made, in response thereto, to the general requirement in section 9 of the Factories (Benzene) Regulations 1978. It notes, however, that the report is silent on other parts of the comment made under this article. The Committee therefore reiterates its specific request to the Government to provide information on how it is ensured that workers who for special reasons may be exposed to concentrations of benzene in the air of places of employment which exceed the prescribed maximum, are be protected against the risk of inhaling benzene vapour.

Article 14(c) and Part IV of the report form. Application in practice and inspection reports. The Committee notes the information in the Government’s report and that 21 inspections were carried out in 2011 during which poor ventilation was one of the serious concerns noted. The Committee requests the Government to provide information on any actions taken as a result of the serious concerns noted regarding poor ventilation and to continue to provide further information on labour inspections and in particular, information on the number of inspections carried out, the number and nature infringement found and any actions taken as a result.

The Committee also notes that in other respects the report of the Government does not contain any new information in response to the comments the Committee has made for numerous years. Against this background the Committee must repeat the following outstanding comments:

Article 2 of the Convention. Use of substitute products. The Committee notes that in this respect the Government refers to Articles 7(1)–(2) of the Factories (Benzene) Regulations according to which the National Occupational Safety and Health Information Centre (CIS) is required to offer advice on how to use harmless or less harmless substitute products instead of benzene or products containing benzene and the Department of Occupational Safety and Health Services is charged to transmit such information to employers. With reference to the terms of this Article, the Committee requests the Government to provide information in its next report on how effect is given to the requirement to ensure that available substitute products actually are used at workplaces instead of benzene or products containing benzene.

Article 4(1). Prohibition of the use of benzene in certain work processes. The Committee notes the Government’s statement that legislation prohibiting the use of benzene or products containing benzene in certain work processes has not yet been developed, but that work has been initiated to prepare such legislation. Given the long time that has passed since the Government ratified this Convention, the Committee expresses the firm hope that the Government in a very near future will adopt the required legislation giving effect to this provision and asks the Government to transmit copies thereof once they have been adopted.

Article 6(1). Measures taken to limit exposure of workers to benzene. The Committee notes that the Government indicates that according to Regulation 6 of the Factories (Benzene) Regulations, local exhaust ventilation is recommended on all possible escape routes during the process of manufacturing, handling and use of benzene and productions containing benzene. With reference to the terms of the Convention, the Committee notes that according to this article all necessary measures shall be taken in this respect. The Committee requests the Government to take adequate measures, including considering a regulation of this issue in the context of the legislative reform referred to above (paragraph 3 above), to ensure that benzene vapours are removed from the working environment when the work processes cannot be carried out in an enclosed system, in accordance with this article of the Convention.

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