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

Chemicals Convention, 1990 (No. 170) - Dominican Republic (Ratification: 2006)

Legislation. The Committee notes the Government’s first report and notes with interest that, according thereto, before ratification significant progress had been made in adopting legislation to give effect to the Convention. In this context, the Occupational Safety and Health Regulations were adopted by means of Executive Decree No. 522-06 of 7 October 2006. The Government indicates that the entire drafting process for the Regulations was carried out on a tripartite basis in numerous workshops and meetings attended by employers’ and workers’ representatives. The Committee notes that these Regulations appear to pave the way for application of a general occupational safety and health policy and could thus facilitate ratification of the Occupational Safety and Health Convention, 1981 (No. 155), the Protocol of 2002 thereto and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). Considering the guiding role of the abovementioned instruments as a reference framework for integrating the various components of occupational safety and health, the Committee invites the Government to provide information on any developments in this regard.

The Committee further notes that the Government refers to the recent adoption of the Regulations on risk and safety labelling and information for hazardous materials; the Regulations on the transportation of hazardous substances and materials; and the Regulations on management of hazardous waste. It notes that, according to the Government’s report, the Regulations on classification, labelling, marking and safety data sheets require manufacturers, importers and suppliers of chemical products and substances to label their products, and that the Directorate-General of Health and Safety in Industry (DGHSI) requires labelling in Spanish and also asks for safety data sheets to be submitted. Furthermore, it notes that the Occupational Safety and Health Regulations prohibit the use of any variety of asbestos that involves projection, especially spraying, and any activity that involves the incorporation of low‑density (less than 1 g/cm³) insulation or soundproofing materials that contain asbestos. While welcoming this information, the Committee points out to the Government that the information supplied is not sufficient to allow an assessment of how the Convention is applied in the Dominican Republic. To carry out such an appraisal, the Committee would need detailed information on the provisions of the legislation that give effect to each Article of the Convention. Consequently, the Committee requests the Government to provide a detailed report indicating the legislation and the provisions thereof that give effect to each Article of the Convention in law.

Part V of the report form. Application in practice. The Committee notes the practical information sent by the Government, and in particular that the DGHSI has carried out 92 assessments of different enterprises, 43 of which belong to the chemical industry. It also notes that the DGHSI plans to draw up a profile of the enterprises that use hazardous chemicals; and to register, analyse and evaluate occupational diseases by chemical product; reactivate the inter‑institutional committee to monitor compliance with the Convention; and to join the Latin America and the Caribbean mechanisms in the interests of a strategic approach to the management of chemicals at international level. The Committee requests the Government to provide information on developments in these tasks performed by the DGHSI and to continue to provide the information requested in this part of the report form.