White Lead (Painting) Convention, 1921 (No. 13) - Luxembourg (RATIFICATION: 1928)

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

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Article 1 of the Convention. Prohibition of the use of white lead and sulphate of lead. The Committee notes the information in the Government’s report on the legislative provisions that give effect to the Convention. It notes that section L.351-4 and Schedule 5 of the new Labour Code of 2013 includes lead and its components as “agents liable to jeopardize the health of employees”, adding that “the employer must provide full information, in an appropriate form, to workers and the staff delegation on the dangers of these agents”. The Committee requests the Government to provide information on the application of these provisions in practice.

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Article 1 of the Convention. Prohibition of the use of white lead and sulphate of lead. The Committee notes the Government’s report, the statistical data provided and its indication that the principle of the prohibition established by the Convention is generally respected and that no use has been made of the exemptions envisaged, as the market offers possibilities for satisfactory substitutes. However, the Committee draws the Government’s attention to the principle of the prohibition required by this Article and the fact that this question has remained without response for a number of years. The Committee once again requests the Government to indicate the specific legal provisions which give effect to the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, except where their use is considered necessary for railway stations or industrial establishments, as required by the Convention.

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

The Committee notes the information provided by the Government in reply to its previous comments, and the attached legislation. It wishes to draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes that Annex 1, containing the list of binding limit values for occupational exposure, of the Grand Ducal Regulations of 30 July 2002 respecting the protection of the safety and health of workers against risks related to chemical agents at the workplace, includes the limit value for exposure to metallic lead and its compounds. However, there do not appear to be any regulations explicitly setting forth the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, except for railway stations or industrial establishments where the use of these products is declared necessary. In this respect, the Committee once again notes the Government’s indication that the principle of the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, as set forth by the Convention, is generally respected and that no use has been made of the exceptions envisaged in Article 2 of the Convention. As there do not appear to be any regulations prohibiting the use of the above substances, and in the light of the Government’s indications, the Committee recalls that, in accordance with Article 1 of the Convention, the decision as to whether or not to use white lead, sulphate of lead or products containing these pigments must not be left to the discretion of the Government. It therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 7. The Committee notes once again that the Government has not provided statistics concerning lead poisoning among working painters, as required by Article 7 of the Convention. It therefore once again requests the Government to provide statistics on morbidity and mortality due to lead poisoning.

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

The Committee notes the information provided by the Government in reply to its previous comments, and the attached legislation. It wishes to draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes that Annex 1, containing the list of binding limit values for occupational exposure, of the Grand Ducal Regulations of 30 July 2002 respecting the protection of the safety and health of workers against risks related to chemical agents at the workplace, includes the limit value for exposure to metallic lead and its compounds. However, there do not appear to be any regulations explicitly setting forth the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, except for railway stations or industrial establishments where the use of these products is declared necessary. In this respect, the Committee once again notes the Government’s indication that the principle of the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, as set forth by the Convention, is generally respected and that no use has been made of the exceptions envisaged in Article 2 of the Convention. As there do not appear to be any regulations prohibiting the use of the above substances, and in the light of the Government’s indications, the Committee recalls that, in accordance with Article 1 of the Convention, the decision as to whether or not to use white lead, sulphate of lead or products containing these pigments must not be left to the discretion of the Government. It therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 7. The Committee notes once again that the Government has not provided statistics concerning lead poisoning among working painters, as required by Article 7 of the Convention. It therefore once again requests the Government to provide statistics on morbidity and mortality due to lead poisoning.

CMNT_TITLE

The Committee notes the information provided by the Government in reply to its previous comments, and the attached legislation. It wishes to draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes that Annex 1, containing the list of binding limit values for occupational exposure, of the Grand Ducal Regulations of 30 July 2002 respecting the protection of the safety and health of workers against risks related to chemical agents at the workplace, includes the limit value for exposure to metallic lead and its compounds. However, there do not appear to be any regulations explicitly setting forth the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, except for railway stations or industrial establishments where the use of these products is declared necessary. In this respect, the Committee once again notes the Government’s indication that the principle of the prohibition of the use of white lead, sulphate of lead and all products containing these pigments in the internal painting of buildings, as set forth by the Convention, is generally respected and that no use has been made of the exceptions envisaged in Article 2 of the Convention. As there do not appear to be any regulations prohibiting the use of the above substances, and in the light of the Government’s indications, the Committee recalls that, in accordance with Article 1 of the Convention, the decision as to whether or not to use white lead, sulphate of lead or products containing these pigments must not be left to the discretion of the Government. It therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Article 7. The Committee notes once again that the Government has not provided statistics concerning lead poisoning among working painters, as required by Article 7 of the Convention. It therefore once again requests the Government to provide statistics on morbidity and mortality due to lead poisoning.

CMNT_TITLE

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

The Committee takes note of the Government’s report. It notes that the report contains no information expressly answering the questions raised and recalls that its earlier comments concerned the following points.

Article 1 of the Convention. The Committee notes the Government’s general statement to the effect that the prohibition provided for by the Convention is generally respected. Since commercial alternatives are available, very little use has been made of the exceptions allowed. The Committee recalls that, under the terms of Article 1 of the Convention, the exceptions to the prohibition of the use of white lead, sulphate of lead and other products containing these pigments are allowed only in the case of railway stations or industrial establishments where the use of white lead, sulphate of lead or products containing these pigments is considered necessary by the competent authorities, after consultation with the employers’ and workers’ organizations concerned. The Government is therefore asked to provide more detailed information on the situations in which exceptions to the prohibition of the use of white lead are allowed and to indicate the manner in which employers’ and workers’ organizations are consulted.

Article 7. The Committee notes that the Government has provided no statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Committee requests the Government to supply statistics on morbidity and mortality due to lead poisoning.

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

The Committee takes note of the Government’s report. It notes that the report contains no information expressly answering the questions raised and recalls that its earlier comments concerned the following points.

Article 1 of the Convention. The Committee notes the Government’s general statement to the effect that the prohibition provided for by the Convention is generally respected. Since commercial alternatives are available, very little use has been made of the exceptions allowed. The Committee recalls that, under the terms of Article 1 of the Convention, the exceptions to the prohibition of the use of white lead, sulphate of lead and other products containing these pigments are allowed only in the case of railway stations or industrial establishments where the use of white lead, sulphate of lead or products containing these pigments is considered necessary by the competent authorities, after consultation with the employers’ and workers’ organizations concerned. The Government is therefore asked to provide more detailed information on the situations in which exceptions to the prohibition of the use of white lead are allowed and to indicate the manner in which employers’ and workers’ organizations are consulted.

Article 7. The Committee notes that the Government has provided no statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Committee requests the Government to supply statistics on morbidity and mortality due to lead poisoning.

CMNT_TITLE

The Committee takes note of the Government's report. It notes that the report contains no information expressly answering the questions raised and recalls that its earlier comments concerned the following points.

Article 1 of the Convention. The Committee notes the Government's general statement to the effect that the prohibition provided for by the Convention is generally respected. Since commercial alternatives are available, very little use has been made of the exceptions allowed. The Committee recalls that, under the terms of Article 1 of the Convention, the exceptions to the prohibition of the use of white lead, sulphate of lead and other products containing these pigments are allowed only in the case of railway stations or industrial establishments where the use of white lead, sulphate of lead or products containing these pigments is considered necessary by the competent authorities, after consultation with the employers' and workers' organizations concerned. The Government is therefore asked to provide more detailed information on the situations in which exceptions to the prohibition of the use of white lead are allowed and to indicate the manner in which employers' and workers' organizations are consulted.

Article 7. The Committee notes that the Government has provided no statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Committee requests the Government to supply statistics on morbidity and mortality due to lead poisoning.

CMNT_TITLE

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

The Committee notes from the Government's report that there are very few exceptions to the prohibition of the use of white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings set forth in the Grand Ducal Decree of 30 March 1932. It recalls that under Article 1 of the Convention exceptions can be made where the use of white lead, sulphate of lead or other products containing these pigments is considered necessary for railway stations or industrial establishments by the competent authority after consultation with the employers' and workers' organizations concerned. The Government is, therefore, requested to provide further information in its next report on the type of situations for which exceptions to the prohibition of the use of white lead were made and to indicate the manner in which the employers' and workers' organizations concerned were consulted.

The Committee further notes that the Government has not supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

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The Committee notes from the Government's report that there are very few exceptions to the prohibition of the use of white lead and sulphate of lead, and of all products containing these pigments, in the internal painting of buildings set forth in the Grand Ducal Decree of 30 March 1932. It recalls that under Article 1 of the Convention exceptions can be made where the use of white lead, suphate of lead or other 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. The Government is, therefore, requested to provide further information in its next report on the type of situations for which exceptions to the prohibition of the use of white lead were made and to indicate the manner in which the employers' and workers' organisations concerned were consulted.

The Committee further notes that the Government has not supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.