Chemicals Convention, 1990 (No. 170) - Italy (RATIFICATION: 2002)

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The Committee notes the observations made by the Italian Union of Labour (UIL), received on 15 September 2015. It notes that, according to the UIL, the Government and Parliament are undertaking work to amend section 6 of Legislative Decree No. 81 of 9 April 2008 on health and safety at work, which would lead to the loss of the tripartite and joint identity of the Standing Advisory Commission on Health and Safety at Work (the Standing Advisory Commission), thereby devaluing the role of the social partners, and workers in particular, with regard to the subject of occupational health and safety. The UIL also indicates that the rights of representatives acting as occupational safety representatives, specifically for chemicals, should be emphasized, with regard to the application of Article 18 of the Convention. The Committee requests the Government to provide its comments on the observations made by the UIL.

Articles 3 and 4 of the Convention. Bodies and procedures for tripartite consultation and periodic review of the national policy. The Committee notes the information provided by the Government with regard to the Standing Advisory Commission, which has a tripartite structure and meets regularly to discuss major health and safety issues with due regard for the guidelines established by the Commission responsible for directing and assessing active policies and for coordinating at the national level the supervision of occupational health and safety, under section 5 of Legislative Decree No. 81/2008. The Advisory Commission holds consultations, in the form of comparisons and discussions on specific topics, and has produced documents relating to the application of EU Regulation No. 1907/2006 (Registration, Evaluation, Authorization and Restriction of Chemicals, “REACH”). A working group, which brings together all participants from the world of work, was set up in 2014 for the application of an information technology tool for risk assessment, made available by the European Occupational Health and Safety Agency. Another working group was created by the Ministry of Health to ensure collaboration between the parties responsible for the implementation of the European regulations on chemicals. Pursuant to section 232(1) of Legislative Decree No. 81/2008, the Advisory Commission for the development and updating of limit values for occupational exposure and biological limit values relating to chemicals was constituted on 27 May 2011, by the Ministry of Labour and Social Policy and the Ministry of Health, and is due to be reconstituted. The Committee requests the Government to provide further information on the respective roles of the Standing Advisory Commission and the Advisory Commission for the development and updating of limit values in the review process of the national policy.

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Legislation. The Committee notes that the Government has provided very comprehensive information on the legislation giving effect to the Convention. It notes in particular that Legislative Decree No. 81 of 9 April 2008, the single text on the protection of health and safety at work (TULS), has repealed Decree No. 547/1955 on the prevention of accidents and occupational diseases, Decree No. 303/956 issuing general occupational health and safety standards, Decree No. 277/1991 on the protection of workers from the risk of exposure to chemical, physical and biological agents, and Legislative Decree No. 626/1994 on the improvement of occupational safety and health conditions. The Government also states that sections 221–232 and appendices XXXVIII, XXXIX, XL and XLI of the TULS give effect to the Convention.

Articles 3 and 4 of the Convention. Bodies and procedures for tripartite consultation and periodic review of the national policy. While noting the information supplied by the Government, the Committee asks the Government to provide information on how the periodic review process is conducted and how often it takes place, and on consultations actually held during the period covered by the Government’s report.

Articles 6, 7 and 8. Classification system, labelling and marking and chemical safety data sheets. With reference to its previous comments, the Committee notes that Regulation (EC) No. 1907/2006 (REACH) entered into force in June 2007. The Government indicates that Act No. 746 of 6 April 2007 and the Ministerial Decree of 22 November 2007 set out in detail the distribution of functions for the implementation of the REACH Regulation. On 20 January 2009, Regulation (EC) No. 1272/2008 (CLP) entered into force, introducing new rules on the classification, labelling and packaging of chemicals. In this regard, the Government provides a detailed list of the provisions adopted to implement this Regulation. The Committee also notes the information concerning the effect given to the following Articles: Article 6(4) (classification systems and their application to be progressively extended); Article 8(3) (safety data sheets and labels); Article 9(2) and (3) (labelling responsibilities of suppliers); Article 10(3) and (4) (labelling responsibilities of employers); Article 13(1)(a) and (c) (specific provisions governing operational control); and Article 14 (specific provisions on waste disposal).

Part V of the report form. Application of the Convention in practice. The Committee notes that the new schedule of occupational diseases, which took effect on 22 July 2008 and is based on a classification of pathologies rather than pathogenic agents with some pathologies benefiting from a presumption of causal link, appears to have led to an increase of diseases in the statistics. The Committee notes that the Government has not replied to some of the questions the Committee raised on this subject. The Committee again asks the Government to provide detailed information on the manner in which the Convention is applied in practice and to provide extracts of inspection reports, statistics of the number of workers covered by the Convention, disaggregated by sex, if possible. The Committee also asks the Government to provide information on trends detected regarding diseases linked to the products covered by this Convention.

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1. The Committee notes the information contained in the Government’s reports and the attached legislation ensuring the application of parts of the Convention. With reference to the provisions in Articles 7 and 8 of the Convention, the Committee notes the ongoing European legislative initiative concerning Registration, Evaluation and Authorization of Chemicals (REACH) which should enter into force in the near future and that this legislation will include new legislation concerning the classification and labelling requirements. The Committee also notes the European Union plans to implement the Globally Harmonized System for Classification and Labelling of Chemicals (GHS) at the end of 2006, which would replace the current classification and labelling requirements under force in the European communities. The Committee requests the Government to provide additional information on the impact of these initiatives on national legislation implementing the present Convention, and to provide further specific information regarding the following provisions of the Convention.

2. Article 3. Information on bodies and procedures for tripartite consultations. The Committee notes the Government’s reference to the practice of the competent administrations to carry out consultations with the social partners, by gathering opinions, observations, clarifications on draft legislation, drawn up by the same administrations. The Committee requests the Government to provide information on the provisions dealing with any specific bodies and procedures for regular consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to this Convention.

3. Article 4. Information on the process of reviewing national policy. The Committee notes the Government’s reference to the process of formulation and implementation of the coherent national policy on safety in the use of chemicals at work. The Government is requested to provide additional information on the measures taken to review this policy. 

4. The Committee requests the Government to provide information on measures to give effect to the following provisions:

–         Article 6, paragraph 4. Measures for a progressive extension of classification systems and their application;

–         Article 8, paragraph 3. Similarity of the name used to identify the chemical on the chemical safety data sheet and on the label;

–         Article 9, paragraphs 2 and 3. Suppliers’ responsibilities regarding labelling;

–         Article 10, paragraphs 3 and 4. Employers’ responsibilities regarding labelling;

–         Article 13, paragraph 1(a) and (c). Specific provisions regulating operational control; and

–         Article 14. Specific provisions regarding the disposal of waste.

5. Part V of the report form. Practical application of the Convention. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice and to provide information such as extracts from inspection reports and statistics on numbers of workers covered by the measures giving effect to the Convention, disaggregated by gender, if available.