Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Benzene Convention, 1971 (No. 136) - Chile (Ratification: 1994)

1. The Committee notes the information contained in the Government’s report. In particular, it notes the information on the application of Article 8 of the Convention.

2. Article 6, paragraph 2, of the Convention. Establishment of limits for occupational exposure to benzene. The Committee notes with interest that section 1 of Decree No. 201 of 27 April 2001 modified the occupational exposure limit established in section 66 of Decree No. 594/99 and set the limit at the level of 8 parts per million (ppm). At the same time, the Committee draws the Government’s attention to the fact that the limit established in the Convention was based on scientific knowledge available in 1971, at the time that the Convention was adopted, and that over the years that have elapsed since the beginning of the 1970s, based on scientific progress, the concentration limit for occupational exposure has been reconsidered by a number of competent bodies. For example, the American Conference of Industrial Hygienists (ACGIH) has recommended that the concentration limit for occupational exposure to benzene should be no more than 0.5 ppm. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to harmonize the concentration limit currently in force for occupational exposure to benzene with current scientific knowledge, and particularly the limit recommended by the ACGIH.

3. Article 6, paragraph 3. Issuing of directions by the competent authorities for the measurement of benzene in the air. The Committee notes the Government’s reference to the Basic Manual on Measurement and Biological Samples in Occupational Health, Chapter VIII, which includes a guide for taking samples of chemical agents in the workplace, including organic solvents. With a view to examining the application of this provision of the Convention in greater depth, the Committee requests the Government to provide a copy of the above Manual with its next report.

4. Article 7. Processes involving the use of benzene to be carried out in an enclosed system. The Committee notes that, in its reply to its previous comments, the Government refers to the national legislation that is in force, by virtue of which, in cases in which the health authority authorizes the use of benzene on the grounds that it cannot be replaced by another product, the process of the production, distribution, sale and use of organic solvents which are harmful to health shall be carried out as far as practicable in enclosed installations. The Government is requested to indicate the provisions of this legislation which give effect to the present Article.

5. Article 9, paragraph 1, and Article 10, paragraph 1. Pre-employment medical examinations and periodic re-examinations. The Committee notes the Government’s reference to section 68 of Act No. 16744 on social insurance against occupational injury and section 3 of Presidential Decree No. 40 implementing the Act, establishing the obligation for enterprises to adopt occupational safety and health measures and the obligation for employers’ mutual societies to undertake continuous activities for the prevention of the risk of employment accidents and occupational diseases. The Committee notes that none of the above provisions establish the obligation for workers exposed to benzene or to products containing benzene to undergo a thorough pre-employment medical examination for fitness for employment and periodic re-examinations. The Committee therefore requests the Government to indicate the necessary measures taken to ensure that all workers concerned undergo medical examinations of the two types indicated above and that such medical examinations are carried out under the responsibility of a qualified physician, approved by the competent authority, or of various categories of physicians whose qualifications or functions make them especially competent to carry out such examinations.

6. Article 10, paragraph 2. Medical examination free of charge for workers. With reference to its previous comments, the Committee notes from the Government’s report that there is no provision in the national legislation explicitly providing that the preventive examinations that have to be carried out in the context of the programme of surveillance shall be free of charge. The Government is requested to indicate the measures taken to ensure that the medical examination is free of charge for workers.

7. Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, as well as extracts from labour inspection reports, statistical data, including information on the number of workers covered and the number and nature of contraventions reported.