Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Benzene Convention, 1971 (No. 136) - Malta (Ratification: 1990)

The Committee notes with interest that the Occupational Health and Safety (Promotion) Act, 1994, as well as the Occupational Health and Safety Judicial Committee (Procedure) Regulations, 1995, and the Work Place (First Aid) Regulations, 1995, came into effect. It also notes with interest the Government's indication according to which proposals for the issue of new regulations in the field of occupational health and safety are at an advanced stage. The Committee, however, would draw the Government's attention to the following points.

Articles 2 and 3 of the Convention. The Committee notes the Government's indication that in 1984 a system has been established to ensure that no chemical containing benzene is imported, whether intentionally as a part of a chemical formulation or as a contaminant, if the concentration in the end-product exceeds 20 parts per million. The Committee requests the Government to specify the legal basis under which the system has been established. It also requests the Government to indicate the legal provision which stipulates that the concentration of benzene in the end-product shall not exceed 20 parts per million. The Committee recalls that section 39(2)(b) of the Factories (Health, Safety and Welfare) Regulations, 1986, which does not exclusively refer only to the importation of benzene or products containing benzene, stipulates that "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". Therefore, the Committee requests the Government to communicate information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that section 38 of the Regulations prohibits the importation of toxic chemicals, unless authorized, and section 39(2)(b) of the Regulations provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene. It notes however that the Regulations do not contain a listing of works processes in which the use of benzene or substances containing benzene is prohibited. In this respect, the Government explains that after the importation of benzene, the Department has to be informed of any subsequent sales to ensure its safe use, since benzene is classified as a Severely Restricted Chemical. Whenever a safe use of any chemical is not ensured, the Department is empowered to withhold such a sale or to make recommendations for their safe use. The Committee requests the Government to specify the Department which has to be informed and to indicate the legal provision which empowers this Department to act in the way described above. The Committee, however, points out that Article 4 of the Convention calls for national laws or regulations to specify the work processes in which the use of benzene and of products containing benzene is prohibited. This prohibition should at least include the use of benzene or products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee accordingly requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directives issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directives issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directives issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that pursuant to section 43(12) of the Regulations, the Superintendent of Public Health may instruct the employer "to make arrangements for medical examinations of any of his employees at any time". It would however appear that arrangements for medical examinations are only made for workers already under contract. The Committee recalls that Article 9(a) of the Convention also demands pre-employment medical examination which shall include a blood test. Furthermore, it stresses that according to Article 9(b) of the Convention, periodic re-examinations shall include biological tests as well as a blood test. The Committee requests the Government to indicate any measures taken or envisaged to ensure that medical examinations as provided for in Article 9 of the Convention are carried out.

Article 11. The Committee notes with interest the Government's indication according to which draft legislation is being proposed to the Commission for the Promotion of Occupational Health and Safety dealing with the protection of young persons, maternity and nursing mothers. The Committee hopes that the legislation will be adopted in the near future and requests the Government to supply a copy when it is adopted.

Articles 12 and 13. The Committee notes the intention of the Commission for the Promotion of Occupational Health and Safety to formulate and propose new legislation that include an adequate labelling of chemicals. The Commission requests the Government to provide information on progress made in this respect and to supply a copy of the relevant legislation as soon as it is adopted.

Article 14, paragraph 1. In its previous comment, the Committee had noted that a Parliamentary Bill that would replace the Factories Ordinance was pending before Parliament. The Committee requests the Government to indicate whether this Bill has been adopted yet and, if so, it requests the Government to provide a copy of the Bill.

Finally, the Committee would request the Government to supply, in its next report, information concerning the practical application of the Convention in the country. To this effect, the attention of the Government is referred in particular to points III and IV of the report form for this Convention.