Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

New legislation. The Committee notes the communication by the Government of a copy of Decree No. 50 of 11 November 2007, approving the Regulations implementing section 3 of the Labour Code (work by young persons under 18 years of age) and Decree No. 148 of 12 June 2003 approving the Health Regulations on the handling of hazardous wastes. While noting that this legislation regulates important issues for the health and safety of workers, the Committee requests the Government to specify the provisions of these Decrees which give effect to specific Articles of the Convention and to indicate which Articles, so that it is able to assess more fully the impact of this legislation on the application of the present Convention.

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. The Committee notes that the Government reiterates the same information as that provided in its previous report to the effect that the exposure limits are 8 parts per million (ppm). The Committee requests the Government to take the necessary measures to update the limit that is currently in force for occupational exposure to benzene in light of current scientific knowledge and, particularly, the limit recommended by the American Conference of Governmental Industrial Hygienists (ACGIH), which has recommended that the concentration limit for occupational exposure to benzene should be no more than 0.5 ppm, and to provide information on this subject.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. The Committee notes the reference by the Government to section 9 of Decree No. 144 of 1985 of the Ministry of Health and to Supreme Decree No. 90 of 1996 of the Ministry of the Economy. The Committee notes that these texts contain protective provisions, but that it is not however clear whether or not they give full effect to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it is ensured that work processes involving the use of benzene or of products containing benzene shall as far as possible be carried out in an enclosed system and it requests it to provide practical information on this subject.

Article 10. Medical examinations free of charge carried out by qualified personnel. The Committee notes that, according to the information provided by the Government, effect is given to this Article of the Convention.

Article 14(c) and Part IV of the report form. Requirement to provide appropriate inspection services for the purpose of supervising the application of the provisions of this Convention, or to satisfy itself that appropriate inspection is carried out. Application in practice. The Committee notes that the Government is awaiting further information from the health authorities responsible for undertaking inspections in matters relating to the Convention, as indicated by the Government in its first report. The Committee recalls the fundamental importance of providing information on the manner in which effect is given to the Convention in practice and once again requests the Government to provide information on the various inspection activities to supervise compliance with the provisions of this Convention and their findings, including extracts from the inspection reports produced when undertaking such inspections.