Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Chemicals Convention, 1990 (No. 170) - Germany (Ratification: 2007)

The Committee notes the Government’s first report and that the national legislation gives effect to most of the provisions of the Convention. It would however like to draw the Government’s attention to the following points.

Article 12, subparagraph (d), of the Convention. Keeping of records of exposure. The Committee notes that section 7, subsection 6, of the Ordinance on hazardous substances provides for the establishment of documentation concerning the results of the risk assessment, the workers’ exposure and the protective measures taken to this effect. However, the Ordinance does not contain a provision with regard to the keeping of records of workers’ exposure to chemicals for a certain period of time. The Committee therefore requests the Government to indicate whether, and in what manner, the keeping of workers’ records on exposure to hazardous chemicals is prescribed and the time period during which these records shall be kept.

Article 13, paragraph 1(f). Provision of personal protective clothing. The Committee notes that section 11, subsection 3, of the Ordinance on hazardous substances, requires the employer to provide personal protective clothing, and protective equipment such as breathing masks, only to workers exposed to carcinogenic substances or substances which alter women’s fertility (level of protection 4). However, Article 13(1)(f) provides for protective clothing and protective equipment to be provided to all workers exposed in one way or another to chemicals, irrespective of the level of exposure. The Committee requests the Government to indicate whether protective clothing and protective equipment is supplied to all workers exposed to chemicals and, if that is the case, to indicate the corresponding legal provision. The Committee also requests the Government to provide information on the manner in which the maintenance of protective clothing is handled.

Part V of the report form. Application in practice. The Committee notes that, although the Ordinance on hazardous substances does not provide for any exclusion of specific branches of economic activities, section 20, subsection 1, stipulates that the competent authority – on the grounds of a well-founded written request by the employer – may permit exemptions from the application of certain provisions of the Ordinance. These provisions refer to general protection and supplementary protection measures (sections 7–15) and to the prohibition of manufacturing and utilization of hazardous substances (sections 17–19). Such permission may only be granted if the application of the abovementioned provisions of the Ordinance on hazardous substances would represent an “unusual hardship” and on the condition that the overall protection of the workers concerned is afforded in another way. The Committee requests the Government to provide information, for example, statistical data, as to the number of permissions granted under section 20, subsection 1, of the Ordinance on hazardous substances. The Committee would also appreciate receiving further information on how other means of workers’ protection is afforded in practice under these circumstances.