White Lead (Painting) Convention, 1921 (No. 13) - Madagascar (RATIFICATION: 1960)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 119 (guarding of machinery), 120 (hygiene – commerce and offices) and 127 (maximum weight) in the same comment.

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA) on Conventions Nos 13, 119, 120 and 127, received on 1 September 2022. The Committee also notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report on Conventions Nos 13 and 127.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Legislation. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the deficiencies of the legal texts governing painting work. The Government indicates that a draft order updating the list of occupational diseases is in the process of being signed. The Committee requests the Government to send a copy of the text in question once it has been adopted and to indicate how it gives effect to the provisions of the Convention.

Articles 1 and 5(I) and (II). Obligation 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. The Committee notes the Government’s reply to the previous observations of SEKRIMA, which referred to the inadequacy of the means for reducing emissions of volatile organic compounds (VOCs). The Government indicates that VOC emissions are particularly observed in small and medium-sized enterprises (SMEs) and indicates that measures have been taken in this regard, particularly: (i) the inclusion of a heading on waste management in the environment section of the enterprise inspection framework; (ii) the organization of an event by the Standards Office of Madagascar, in collaboration with the occupational medical services (SMT), on the occasion of the International Lead Poisoning Prevention Week; and (iii) the organization of a number of workshops under the auspices of the Ministry of Trade and Competition, in collaboration with the Standards Office, the commercial entities in the sector and the medical services, with the aim of calibrating and standardizing paint products, including the imposition of limits on their lead content. The Committee also notes that FISEMARE refers to the absence of a preliminary study on the impact of the use of paint and states that problems resulting from the use of paint should be specified and that a text should be published indicating the measures to be taken for the protection of workers. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue providing information on the measures taken in the context of the aim of standardizing paint products, including the imposition of limits on their lead content.

Article 5(III) and (IV). Medical examination. Instructions. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the medical monitoring of workers. The Government indicates that: (i) as “exposed” employees, workers employed in painting work receive medical monitoring from the SMT provided they are affiliated but it is increasingly rare for enterprises in the painting sector to be affiliated to the SMT; (ii) technical difficulties exist with regard to medical visits and the control of waste management, and the scope of investigation is limited because there is no industrial toxicology reference laboratory. The Committee also notes that the Inter-Enterprise Medical Association of Antananarivo (AMIT), which has two painting enterprises among its members, prescribes recommendations to employers, particularly with regard to: the use of products with a low or non-existent VOC content; the labelling and marking of hazardous products; the display of safety data sheets; the installation of signs for the indication of risks; the training of workers in safety measures; the increase of natural ventilation, and the installation of fans and air extractors; the fitting out of premises; and the provision of appropriate personal protective equipment. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that actual and suspected cases of lead poisoning are notified and subsequently verified by a doctor appointed by the competent authority.

Article 7. Statistical information. Application in practice. Further to its previous comment, the Committee notes the Government’s indication that the regulations relating to the employer’s obligation to notify occupational diseases are the same for all occupational diseases, including lead poisoning, in accordance with section 170(2) of the Social Insurance Code. In this regard, the Government indicates that no notifications of cases of suspected lead poisoning have been received by the National Social Insurance Fund (CNaPS) in the last five years and that the quarterly reports sent to the Ministry of Labour by the Inter-Enterprise Health Organization of Antananarivo (OSTIE) and AMIT do not mention any cases of lead poisoning. The Committee notes the observations of SEKRIMA stating that: (i) the data assembled in the Government’s report do not reflect the national situation since they are mainly concerned with SMEs in Antananarivo and SMEs in the regions which have not made any statement or have not been consulted; and (ii) the re-emergence of paint workshops and vendors calls for action by the labour administration and the Ministry of Trade to promote the monitoring and control of the conformity of these products. The Committee requests the Government to provide more detailed information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating in particular rates of morbidity and mortality resulting from lead poisoning, and also on the number of inspections conducted, their outcome and the number of violations reported.

2.Guarding of Machinery Convention, 1963 (No. 119)

Article 10 of the Convention. Information and instruction to be given to workers. The Committee notes the observations of FISEMARE indicating that, in order to minimize the accident rate, it would be useful to publish a text giving notice of the obligation to indicate how machinery is to be used, the risks that may arise during use, and the precautions to be taken. In this regard, the Committee notes that, under section 111 of the Labour Code, employers are required to inform and train workers regarding safety and health measures connected with the job to be performed. The Committee requests the Government to send further information on the measures to be taken by employers in order to provide appropriate information for workers on the dangers arising from the use of machinery and the precautions to be taken.

Article 15. Application and enforcement of the provisions of the Convention. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that the number of accidents notified to the CNaPS is very low, owing to the fact that supervision of the application of the Convention is not carried out officially or periodically, and that there should be an official report for notifications of this type. The Government indicates in reply that the CNaPS, in its annual reports presented to the members of the tripartite administrative council, publishes statistical data on notifications of occupational accidents which have been received and processed. The Government adds that there is no reference value for evaluating the number of accidents notified to the CNaPS other than the statistical data for accidents recorded during the last eight years and communicated in the Government’s report. Moreover, in the context of controls made in enterprises, works doctors and labour inspectors make recommendations to workers and employers to ensure better protection in the use of machinery. In the context of the Vision Zero Fund (VZF) initiative implemented between 2018 and 2021 in conjunction with the ILO’s “Safety + Health for All” programme, capacity-building was undertaken for 311 labour inspectors and controllers in the field of prevention of occupational hazards, including the use of machinery. In addition, 67 occupational physicians, 70 representatives of the Export Processing Enterprises and Partners Group (GEFP) and 93 representatives of the Confederation of Malagasy Workers (CMT) also took part in capacity-building activities. The Committee notes the observations of FISEMARE, which asks whether all accidents are notified. The Committee requests the Government to provide its comments in this respect. It also requests the Government to continue providing information on the manner in which the Convention is applied, providing further details of the number of recorded accidents related to the use of machinery and the number and type of violations recorded.

3.Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that some workers are unaware of the existence of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, fixing the maximum weight for the manual transport of any load by a single male adult worker at 50 kg, and that there is a need to publicize this Order. The Government indicates in reply that: (i) AMIT has carried out awareness-raising activities, comprised 13 sessions at five major enterprises, on the handling of loads in general, including the maximum weight for the manual transport of loads; and (ii) OSTIE has organized awareness-raising sessions for its members on the subjects of ergonomics and load handling, at which appropriate technical means for handling the maximum weight for the manual transport of loads were indicated. The Government points out that the Ministry of Mining and Strategic Resources reiterates the need for boosting the dissemination of information. SEKRIMA, for its part, states in its new observations that SMEs in the regions have not been consulted regarding the data assembled by the Government which are contained in its reply. SEKRIMA also reiterates the need to encourage stakeholders to participate in the awareness-raising campaign and to ensure that the relevant laws and regulations are accessible online. The Committee requests the Government to provide its comments in this respect.

B.Protection in specific branches of activity

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

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes the Government’s indication that, according to the Directorate for Workers’ Social Security (DDST), workers must be provided with all furniture necessary for their comfort during working hours (under section 115 of the Labour Code of 2004). The Government also indicates that the provision of work equipment such as suitable seats depends on the results of the analysis of risks and jobs, and that works doctors and labour inspectors, during their visits to enterprises, issue recommendations in this respect and ensure compliance with them. The Government further indicates that during visits to enterprises, according to OSTIE, employers endeavour to make suitable equipment available to employees in their offices, but that in shops the number of seats available for workers is seen to be insufficient. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that sufficient and suitable seats are made available to workers in shops.

Article 18. Noise and vibrations. The Committee notes the Government’s indication that during visits to enterprises occupational medical services: (i) propose appropriate measures to enterprises which have encountered difficulties by proposing insulation from the source of noise as well as earplugs and ear protectors; (ii) systematically measure noise levels with a sound level meter; and (iii) make recommendations according to the noise levels measured. The Government also indicates that during visits to establishments: (i) priority is often given to individual prevention measures such as providing workers with personal protective equipment against noise to the detriment of collective prevention measures; and (ii) preventive measures against vibrations, particularly the provision of measuring equipment, are often seen to be lacking, since not all inter-enterprise medical services have a device for measuring vibrations. The Government indicates that AMIT plans to acquire such a device in September. The Committee requests the Government to provide information on collective prevention measures which have been adopted, particularly the provision of measuring devices, to ensure that noise and vibrations likely to have a harmful effect on workers are reduced as much as possible.

Application in practice. The Committee notes the observations of FISEMARE indicating that some provisions of the Convention are not always respected, particularly regarding the provision of drinking water for workers or adequate sanitary installations. FISEMARE asserts that the Government should strengthen government controls in this respect and should introduce support measures. The Committee requests the Government to provide its comments in this respect. The Committee once again requests the Government to provide information on the number and type of violations recorded and the penalties imposed in this regard.

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

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, according to which there are currently several shortcomings in workplaces where paint is used, and particularly the inadequacy of the means for the reduction of volatile organic compounds (VOCs), a lack of overall control in the management of waste, inadequate medical follow-up of workers and the inadequacy of the legal texts governing painting work, and the lack of knowledge of these texts among workers in the painting sector. SEKRIMA enumerates a number of measures that should be taken to reduce emissions of VOCs, including the control of paint and cleaning products with low levels of solvents, the harmonization and dissemination of the legal texts governing painting work and the reinforcement of the responsibility of enterprises for the safety and health of workers. SEKRIMA adds that there is insufficient supervision of workers engaged in the informal painting sector. The Committee requests the Government to provide its comments in this respect.

Article 7 of the Convention. Statistical data. Application in practice. The Committee notes that the Government reiterates that no cases of occupational disease due to lead poisoning have been reported. With regard to the measures to ensure that all cases of lead poisoning are notified, the Government indicates that: (i) lead poisoning is contained in the list of occupational diseases and must be notified by the employer to the National Social Insurance Fund (CNaPS) in accordance with section 170(1) of the Social Insurance Code; and (ii) workers who may be exposed to this disease regularly undergo medical examinations undertaken by occupational medicine services, based on which activity reports containing information on occupational diseases, including lead poisoning (where it exists), are drawn up by the Department of Occupational Safety and Health of the Ministry of Labour. The Committee requests the Government to give an appreciation of the application in practice of the requirement for employers to notify presumed cases of lead poisoning, and the obligation for occupational medicine services to carry out medical examinations and draw up activity reports containing information on occupational diseases, including lead poisoning, where it exists.

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The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, according to which there are currently several shortcomings in workplaces where paint is used, and particularly the inadequacy of the means for the reduction of volatile organic compounds (VOCs), a lack of overall control in the management of waste, inadequate medical follow-up of workers and the inadequacy of the legal texts governing painting work, and the lack of knowledge of these texts among workers in the painting sector. SEKRIMA enumerates a number of measures that should be taken to reduce emissions of VOCs, including the control of paint and cleaning products with low levels of solvents, the harmonization and dissemination of the legal texts governing painting work and the reinforcement of the responsibility of enterprises for the safety and health of workers. SEKRIMA adds that there is insufficient supervision of workers engaged in the informal painting sector. The Committee requests the Government to provide its comments in this respect.

Article 7 of the Convention. Statistical data. Application in practice. The Committee notes that the Government reiterates that no cases of occupational disease due to lead poisoning have been reported. With regard to the measures to ensure that all cases of lead poisoning are notified, the Government indicates that: (i) lead poisoning is contained in the list of occupational diseases and must be notified by the employer to the National Social Insurance Fund (CNaPS) in accordance with section 170(1) of the Social Insurance Code; and (ii) workers who may be exposed to this disease regularly undergo medical examinations undertaken by occupational medicine services, based on which activity reports containing information on occupational diseases, including lead poisoning (where it exists), are drawn up by the Department of Occupational Safety and Health of the Ministry of Labour. The Committee requests the Government to give an appreciation of the application in practice of the requirement for employers to notify presumed cases of lead poisoning, and the obligation for occupational medicine services to carry out medical examinations and draw up activity reports containing information on occupational diseases, including lead poisoning, where it exists.

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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 comments.

Repetition

The Committee notes the brief information in the Government’s latest report, indicating that no cases of occupational diseases due to lead poisoning have been reported. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to ensure notification and certification of all cases of lead poisoning, and to indicate the method, approved by the official statistical authority, to obtain statistical information as to mortality with regard to lead poisoning. The Committee also asks the Government to continue to provide any available statistical information with regard to lead poisoning.

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The Committee notes the brief information in the Government’s latest report, indicating that no cases of occupational diseases due to lead poisoning have been reported. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to ensure notification and certification of all cases of lead poisoning, and to indicate the method, approved by the official statistical authority, to obtain statistical information as to mortality with regard to lead poisoning. The Committee also asks the Government to continue to provide any available statistical information with regard to lead poisoning.

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1. The Committee notes the information contained in the Government’s report. It notes in particular Decrees Nos. 898 and 903 of 20 May 1960, as well as Ordinance No. 62-152 of 28 March 1962, ensuring the application of the Convention.

2. Article 7 of the Convention. Statistical information. The Committee notes the Government’s statement that the Ministry of Labour does not have any statistical information available with respect to lead poisoning among working painters. It reminds the Government that this Article of the Convention establishes the obligation to obtain statistical information with respect to lead poisoning among working painters, both as to morbidity and mortality. Thus, the Committee hopes that the Government will be able to provide this statistical information with its next report, disaggregated by gender, if possible.

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1. The Committee notes that, under the terms of section 207 of Act No. 94-029 of 25 August 1995 issuing the Labour Code, the provisions respecting occupational health and safety and the medical service contained in Ordinance No. 75-013-O-DM of 17 May 1975 shall remain in force until the publication of the legislative texts and regulations. The Committee also notes the Government's statement in its report that Order No. 903 of 20 May 1960 contains specific health and safety measures for establishments in which the staff is exposed to lead poisoning.

The Committee requests the Government to provide detailed information in its next report on the applicable legislation that gives effect to the provisions of the Convention. The Committee also notes that, under the terms of section 94 of the Labour Code, the nature of the work prohibited for children, women and pregnant women shall be determined by decree; in this respect, the Committee recalls that Article 3, paragraph 1, of the Convention prohibits the employment of males under 18 years of age and all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure observance of this Article of the Convention.

2. The Committee notes the statistics concerning cases of lead poisoning registered by the National Social Insurance Fund during the year 1995.

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In its previous comments, the Committee noted that the Government had not, for a number of years, supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. In its latest report, the Government indicated that the Department of Labour does not have statistics concerning lead poisoning among working painters. The Committee wishes to remind the Government that under this Article of the Convention statistics with regard to lead poisoning among working painters should be established as to morbidity and mortality. The Committee therefore hopes that the Government will be able to supply these statistics with its next report.

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The Committee notes that no report has been received from the Government. It notes that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, 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.