Chemicals Convention, 1990 (No. 170) - United Republic of Tanzania (Ratification: 1999)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise, vibration)) and 170 (chemicals) together.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. Air pollution. The Committee previously noted the Government’s indication that the Occupational Safety and Health Bill was being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations were under review. It notes the Government’s indication in its report that the proposed Occupational Safety and Health Bill is still under review. The Committee requests the Government to provide information on the legislation or regulations adopted related to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, including the adoption of new occupational safety and health legislation.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee previously requested a copy of the air pollution standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. In this respect, the Committee notes with interest the Air quality – Specification Standard of the Tanzania Board of Standards, which establishes permissible limits of some common substances found in polluted air, namely sulphur dioxide, carbon monoxide, suspended particulate matter (dust), oxides of nitrogen, hydrocarbons and lead. The Committee notes that the Standard covers both the ambient air and emission sources.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. The Committee notes the Government’s reference, in reply to its previous request on the effect given to Article 11(3), to the Occupational Safety and Health Bill, currently under examination. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers who are transferred, because their continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government related to safety training courses provided by the Occupational Safety and Health Authority. The Committee requests the Government to provide further information on the measures taken to ensure that workers are instructed in the measures available for the prevention and control of, and protection against, air pollution.

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication in its report, in response to its previous comments, that the process of developing a Chemicals Management National Policy has started with the preparation of a concept note. The Committee requests the Government to continue providing information on any progress made in this regard.

Article 6(2) and (3) and 8(2). Assessment of the hazardous properties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Criteria for the preparation of chemical safety data sheets. The Committee previously noted the Government’s reference to a draft regulation to implement the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. The Government also indicated its intention to institutionalize the use of international chemical safety data sheets once such a regulation is adopted. The Committee further noted that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the United Nations Recommendations on the Transport of Dangerous Goods, were under review.

The Committee notes the Government’s indication that it is finalizing the specific regulation on the classification and labelling of chemicals to implement the GHS and that the regulation is expected to be in place by the end of 2020. The Government also states that it has reviewed some provisions of the Industrial and Consumer Chemicals (Management and Control) Act of 2003, in particular section 11(5), in order to address the issues of classification and labelling as part of GHS implementation. The Committee further notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provide for the transportation of chemicals (Part IV) and the requirement of labelling in case of transport (section 59 and 21st schedule). The Committee requests the Government to continue providing information on any developments regarding the adoption of the regulation to implement the GHS system, ensuring that full effect is given to Article 6(2) and (3) and Article 8 of the Convention. It also requests the Government to provide a copy of the new text once adopted.

Articles 7(1) and 9(2). Identification of all chemicals by labelling and marking and responsibility of the suppliers to forward revised labels and chemical data sheets. The Committee requests the Government to provide information on the measures taken to give effect to Articles 7(1) and 9(2).

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. Following its previous comments, the Committee notes the Government’s reference to section 75 of the Occupational Health and Safety Act of 2003. According to this section, the employer shall ensure that packages of hazardous chemicals are labelled and that an appropriate chemical safety data sheet is provided to workers prior to handling chemicals. The employer shall also ensure that all chemical containers maintain their original labels and quality in terms of colour, text and graphics. The Committee requests the Government to provide further information on the measures taken to ensure that where such chemicals have not been properly labelled or marked, the employers receiving the chemicals obtain the relevant information from the supplier or from other reasonably available sources, as required by Article 10(2) of the Convention.

Article 12(a). Exposure limits or criteria. The Committee requests the Government to provide information on the measures taken to ensure the establishment of exposure limits or exposure criteria in accordance with either national or international standards, in accordance with Article 12(a).

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Following its previous comments, the Committee notes that section 23 of the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provides for the contents of risk assessment and risk management programmes to be included for the approval and registration of entities dealing with hazardous chemicals with the Board of Directors of the Government Chemist Laboratory Authority, as required by section 45(2) of the Industrial and Consumer Chemicals Management Act regarding the use of chemicals at work. The Government also indicates that inspections are carried out at least twice a year in this respect and that risk assessments and records for medical surveillance, among others, are part of the essential information to be provided to inspectors. The Committee requests the Government to continue providing information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities and the results of the inspections carried out.

Article 13(1)(f). Personal protective equipment. Following its previous comments, the Committee notes the Government’s reference to section 62 of the Occupational Health and Safety Act of 2003, which provides that effective protective equipment shall be provided and maintained by the employer for the use of the persons employed in any process involving exposure to any injurious or offensive substance or environment. Additionally, section 94 prohibits any payment from workers or deduction of wages in respect of anything to be done or provided by the employer in pursuance of the Act. The Committee takes note of this information.

Article 15(b) and (c). Training and instruction on labels and chemical safety data sheets. Following its previous comments, the Committee notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 contain several provisions (sections 10(4)(c), 22(1)(b), 29(1)(b) and 33(h)) that require employers involved in the transport, distribution, sale, storage, loading and packaging of chemicals to provide training to workers on the handling of chemicals on a continuous basis. The Committee requests the Government to indicate whether instructions on labels and chemical safety data sheets are included in such trainings. It also requests the Government to provide further information on the contents and frequency of the trainings required by the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020.

Article 18(1) and (3)(a)–(d). Right to removal and rights of workers and their representatives to information. The Committee requests the Government to provide information on the measures taken to ensure that workers have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and shall inform their supervisor immediately, in accordance with Article 18(1). The Committee also requests information on the measures taken to ensure that workers and their representatives have the right to the information referred to in Article 18(3).

Article 19. Responsibility of exporting States. The Committee requests the Government to provide further information on the measures taken, including the Southern African Development Community Code of Practice, to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefor are communicated to any importing country.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication that it is currently preparing a proposal for the development of a national chemical management policy. The Committee requests the Government to provide information on any progress made in this regard.

Article 6(2) and (3). Assessment of the hazardous proprieties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Article 8(2). Criteria for the preparation of chemical safety data sheets. The Committee notes the Government’s indication that a draft Regulation to implement the Globally Harmonized System for Classification and Labelling of Chemicals (GHS) is currently being prepared with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. It also notes the Government’s indication that for the moment, international chemical safety data sheets are only used as reference documents but that it is envisaged to use them once the Regulation implementing the GHS is in force. The Committee further notes the Government’s indication that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the UN Recommendation on the Transport of Dangerous Goods, are currently under review. The Committee requests the Government to provide information on any developments regarding the adoption and the implementation of the GHS system and the review of the Act of 2003 and its Regulations, and to supply a copy of the news texts once they have been adopted.

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. With reference to its previous comments, the Committee notes that the Government refers once again to section 42(I) of the Industrial and Consumer Chemicals Management Act which provides that any person producing, distributing, selling, transporting, importing, exporting, storing or dealing in chemicals shall ensure that these chemicals are packaged according to recognized and approved national and international standards and that such packages bear a label. The Committee however notes that this provision does not establish an obligation for employers receiving chemicals to obtain the relevant information from the supplier or from other reasonably available sources where such chemicals have not been properly labelled or marked, nor does it prohibit the use of unlabelled or unmarked chemicals until such information is obtained, as required by Article 10(2) of the Convention. In light of the foregoing, the Committee requests the Government to take the necessary measures to give effect, in law and in practice, to Article 10(2) of the Convention.

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Further to its previous comments in which it noted that sections 73(1) and 60 of the Occupational Safety and Health Act No. 05 of 2003 establish an obligation for employers to ensure that risks assessment is carried out, annually or when deemed necessary, by an approved inspection authority, the Committee notes the Government’s reference to section 45(2) of the Industrial and Consumer Chemicals Management Act which provides that employers dealing with highly hazardous chemicals shall conduct risks assessments and implement a risk assessment programme. The Committee further notes that a summary of the risk assessment programme shall be submitted to the Ministerial Advisory Board for the Government Chemist Laboratory Agency. Moreover, the Government indicates that transporters of chemicals such as sodium cyanide and hydrogen peroxide are required to register with the Chief Government Chemist and supply certain documents, including the risk assessment programme and contingency plans. The Committee requests the Government to continue to provide information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities.

Article 13(1)(f). Personal protective equipment. The Committee notes that the Government indicates that under section 42(3) of the Industrial and Consumer Chemicals Management Act, employers are required to provide employees with personal protective gear conducive to the safe handling of chemicals. It adds that under section 3(1)(b) of the Industrial and Consumer Chemicals (Management and Control) Regulations, 2004, every person transporting, importing, exporting, producing, storing or dealing in chemicals shall maintain appropriate and adequate personal protective gear and ensure that it is used. The Committee requests the Government to indicate the national legislative provisions ensuring that personal protective equipment and clothing are maintained at no cost for the workers, as required by Article 13(1)(f), and to supply a copy of the Regulations of 2004.

Article 15. Information and training. The Committee notes that the Government indicates that the Industrial and Consumer Chemicals Management Act and its 2004 Regulations give effect to Article 15 of the Convention. In this regard, the Committee notes that under the terms of section 3(1)(d) of these Regulations, quoted by the Government in its report, employers are only under a general obligation to train employees on safety and health aspects for safer performance. The Committee again requests the Government to provide information on the measures taken to ensure that workers exposed to chemicals are provided by employers with training on labels and chemical safety data sheets.

Furthermore, noting the absence of reply from the Government, the Committee reiterates its requests to provide further information on the application of the following provisions of the Convention in relation to the points indicated: Articles 7(1) and 9(2) on responsibility of suppliers to forward revised labels and chemical data sheets; Article 12(a) on the establishment of exposure limits in accordance with either national or international standards; Article 18(2) and (3)(a–d) on the right of workers to remove themselves from danger and the right of workers and their representatives to information; and Article 19 on the manner in which the Southern African Development Countries code of practice contributes to ensuring, in practice, the responsibility of exporting States.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication that it is currently preparing a proposal for the development of a national chemical management policy. The Committee requests the Government to provide information on any progress made in this regard.

Article 6(2) and (3). Assessment of the hazardous proprieties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Article 8(2). Criteria for the preparation of chemical safety data sheets. The Committee notes the Government’s indication that a draft Regulation to implement the Globally Harmonized System for Classification and Labelling of Chemicals (GHS) is currently being prepared with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. It also notes the Government’s indication that for the moment, international chemical safety data sheets are only used as reference documents but that it is envisaged to use them once the Regulation implementing the GHS is in force. The Committee further notes the Government’s indication that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the UN Recommendation on the Transport of Dangerous Goods, are currently under review. The Committee requests the Government to provide information on any developments regarding the adoption and the implementation of the GHS system and the review of the Act of 2003 and its Regulations, and to supply a copy of the news texts once they have been adopted.

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. With reference to its previous comments, the Committee notes that the Government refers once again to section 42(I) of the Industrial and Consumer Chemicals Management Act which provides that any person producing, distributing, selling, transporting, importing, exporting, storing or dealing in chemicals shall ensure that these chemicals are packaged according to recognized and approved national and international standards and that such packages bear a label. The Committee however notes that this provision does not establish an obligation for employers receiving chemicals to obtain the relevant information from the supplier or from other reasonably available sources where such chemicals have not been properly labelled or marked, nor does it prohibit the use of unlabelled or unmarked chemicals until such information is obtained, as required by Article 10(2) of the Convention. In light of the foregoing, the Committee requests the Government to take the necessary measures to give effect, in law and in practice, to Article 10(2) of the Convention.

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Further to its previous comments in which it noted that sections 73(1) and 60 of the Occupational Safety and Health Act No. 05 of 2003 establish an obligation for employers to ensure that risks assessment is carried out, annually or when deemed necessary, by an approved inspection authority, the Committee notes the Government’s reference to section 45(2) of the Industrial and Consumer Chemicals Management Act which provides that employers dealing with highly hazardous chemicals shall conduct risks assessments and implement a risk assessment programme. The Committee further notes that a summary of the risk assessment programme shall be submitted to the Ministerial Advisory Board for the Government Chemist Laboratory Agency. Moreover, the Government indicates that transporters of chemicals such as sodium cyanide and hydrogen peroxide are required to register with the Chief Government Chemist and supply certain documents, including the risk assessment programme and contingency plans. The Committee requests the Government to continue to provide information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities.

Article 13(1)(f). Personal protective equipment. The Committee notes that the Government indicates that under section 42(3) of the Industrial and Consumer Chemicals Management Act, employers are required to provide employees with personal protective gear conducive to the safe handling of chemicals. It adds that under section 3(1)(b) of the Industrial and Consumer Chemicals (Management and Control) Regulations, 2004, every person transporting, importing, exporting, producing, storing or dealing in chemicals shall maintain appropriate and adequate personal protective gear and ensure that it is used. The Committee requests the Government to indicate the national legislative provisions ensuring that personal protective equipment and clothing are maintained at no cost for the workers, as required by Article 13(1)(f), and to supply a copy of the Regulations of 2004.

Article 15. Information and training. The Committee notes that the Government indicates that the Industrial and Consumer Chemicals Management Act and its 2004 Regulations give effect to Article 15 of the Convention. In this regard, the Committee notes that under the terms of section 3(1)(d) of these Regulations, quoted by the Government in its report, employers are only under a general obligation to train employees on safety and health aspects for safer performance. The Committee again requests the Government to provide information on the measures taken to ensure that workers exposed to chemicals are provided by employers with training on labels and chemical safety data sheets.

Furthermore, noting the absence of reply from the Government, the Committee reiterates its requests to provide further information on the application of the following provisions of the Convention in relation to the points indicated: Articles 7(1) and 9(2) on responsibility of suppliers to forward revised labels and chemical data sheets; Article 12(a) on the establishment of exposure limits in accordance with either national or international standards; Article 18(2) and (3) (a–d) on the right of workers to remove themselves from danger and the right of workers and their representatives to information; and Article 19 on the manner in which the Southern African Development Countries code of practice contributes to ensuring, in practice, the responsibility of exporting States.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 2(d)–(f), 10(1) and 12(d).

Article 2. Definition of the term “use of chemicals at work”. The Committee notes that it is not clear to it whether national law and practice is fully consistent with the Convention in this respect. The Committee requests the Government to clarify whether national provisions giving effect to the Convention covers the use of chemicals at all the different worksites listed in Article 2(c).

Article 10(2) of the Convention. Duty to ensure that all chemicals are labelled or marked. The Committee notes the Government’s response that section 75(1) of the Occupational Health and Safety Act No. 5 of 2003, imposes an obligation on the employer to ensure that prior to the handling of chemicals, copies and lists of the chemical safety data sheets are given to the workers concerned. However, the Committee recalls that Article 10(2) places an obligation on employers receiving chemicals that have not been labelled or marked as required under Article 7, or for which chemical safety data sheets have not been provided as required under Article 8, to obtain the relevant information from the supplier or from other reasonable sources, and not to use the chemicals until such information is obtained. The Committee requests the Government to indicate measures taken or envisaged in law and practice to give effect to the provisions of Article 10(2).

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. The Committee notes the Government’s response that section 73(1) and section 60 of the Occupational Health and Safety Act No. 5 of 2003, read in conjunction, provide for the employer to ensure that risk assessments are carried out annually or when deemed necessary by an approved inspection authority. The Committee requests the Government to provide further information on the practical application of this Article including examples of actions taken under Article 13(1)(a)–(e).

Article 13(1)(f). Personal protective equipment. The Committee notes the Government’s response that section 62 of the Occupational Health and Safety Act No. 5 of 2003 requires the employer to provide personal protective clothing to workers employed in processes involving exposure to injurious or offensive substances or environment. The Committee recalls, however, that Article 13(1)(f) provides that protective clothing and protective equipment shall be provided to workers exposed to all chemicals, irrespective of the level of exposure. The Committee requests the Government to indicate measures taken, in law and in practice, to ensure that protective clothing and protective equipment is supplied to all workers exposed to chemicals. The Committee also requests the Government to provide information on the manner in which the maintenance of protective clothing is handled.

Article 15. Information and training. The Committee notes the Government’s response that general training given on occupational health and safety also includes information on labels and chemical safety data sheets. The Committee requests the Government to indicate the legislative or other provisions taken to give effect to this aspect of Article 15.

The Committee notes, however, that the Government has not replied to its previous comments on the following Articles. The Committee must, therefore, reiterate parts of its previous request which were drafted in the following terms:

The Government is requested to submit further information and clarification as to whether, and in what way, effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–           Article 6(2) on hazardous proprieties of mixtures of two or more chemicals and measures taken to ensure that hazardous proprieties of mixture composed of two or more chemicals are determined by assessments based on the intrinsic hazards of their component chemicals;

–           Article 12(a) on exposure of workers to chemicals, which calls upon the Government to ensure that exposure limits or exposure criteria are established in accordance with either national or international standards;

–           Article 18(2) and (3)(a)–(d) on the rights of workers to remove themselves from danger resulting from the use of chemicals and the rights of workers and their representatives to information.

The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–           Article 4 on the formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work and the respective roles and functions, in this respect, of the Steering Committee for Integrated Chemicals Management and Safety Programmes, the Technical Committee for Integrated Chemical Management and Safety Programmes and the Interim Committee for Prior Informed Consent (PIC);

–           Article 6(3) on classification systems as regards transport and whether, in this context, use has been made of international standards such as the UN Recommendation on the Transport of Dangerous Goods (see paragraph 1 above);

–           Articles 7(1) and 9(2) on the identification of all chemicals by labelling and marking and on the responsibility of the suppliers to forward revised labels and chemical data sheets;

–           Article 8(2) on the criteria for the preparation of chemical safety data sheets and whether, in this context, use had been made of the international chemical safety data sheets;

–           Article 19 on responsibility of exporting States and how the Southern African Development Countries (SADC) code of practice contributes to the application of the Convention in this respect.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the way in which the Convention is applied in the country, and attach extracts from inspection reports, and, where such statistics exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by exposure to chemical substances, etc.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–      Article 2 on the definitions of terms such as “use of chemicals at work”, “branches of economic activity”, “article” and “workers’ representatives”;

–      Article 6(2) on hazardous properties of mixtures of two or more chemicals and measures taken to ensure that hazardous properties of mixtures composed of two or more chemicals are determined by assessments based on the intrinsic hazards of their component chemicals;

–      Article 10(1) and (2) on the duty to ensure that all chemicals are labelled or marked, which calls for legislative provisions ensuring the manufacturers’ and importers’ duties to provide chemicals with labels and provide chemical safety data sheets to the employers as well as for provisions ensuring that all chemicals are labelled;

–      Article 12(a) on exposure of workers to chemicals, which calls upon the Government to ensure that exposure limits or exposure criteria are established in accordance with either national or international standards; and

–      Article 18(2) and (3)(a)–(d) on the rights of workers to remove themselves from danger resulting from the use of chemicals and the rights of workers and their representatives to information.

The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–      Article 4 on the formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work and the respective roles and functions, in this respect, of the Steering Committee for Integrated Chemicals Management and Safety Programmes, the Technical Committee for Integrated Chemical Management and Safety Programmes and the Interim Committee for Prior Informed Consent (PIC);

–      Article 6(3) on classification systems as regards transport and whether, in this context, use has been made of international standards such as the UN Recommendation on the Transport of Dangerous Goods (see paragraph 1, above);

–      Articles 7(1) and 9(2) on the identification of all chemicals by labelling and marking and on the responsibility of the suppliers to forward revised labels and chemical data sheets;

–      Article 8(2) on the criteria for the preparation of chemical safety data sheets and whether, in this context, use has been made of the International Chemical Safety Data Sheets;

–      Article 12(d) on records of monitoring and of exposure and whether records are kept for longer than five years when a possible exposure to carcinogenic substances, with long latency periods, is concerned;

–      Article 13(1)(a)–(e) on the assessment of risks arising from the use of chemicals at work, and whether the general requirement in section 73(1) of the OSH Act is so applied in practice that employers are called upon to carry out risk assessments and to seek to eliminate or reduce the risk through the choice of chemicals used;

–      Article 13(1)(f) on the supply of personal protective equipment and whether section 73(3) of the OSH Act in practice ensures that personal protective equipment is provided at no cost to the workers;

–      Article 15 on information and training and whether the training provided also includes training regarding information on labels and in chemical safety data sheets;

–      Article 19 on responsibility of exporting States and how the Southern African Development Community (SADC) code of practice contributes to the application of the Convention in this respect; and

–      Part V of the report form on a general appreciation of the application of the Convention in practice, including labour inspection reports and statistics, to the extent available.

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

1. The Committee notes the information contained in the Government’s reports and the attached legislation. It notes with interest the adoption in 2003 of the Occupational Safety and Health Act and the Industrial and Consumer Chemicals (Management and Control) Act, which provide a legislative base for a large part of the provisions of the Convention. Given the particular importance in the present context of access to information concerning chemicals, and ongoing international efforts to develop publicly available sources of information concerning chemicals on the Internet, the Committee would like to draw the Government’s attention to the UN Recommendation on the Transport of Dangerous Goods (see http://www.unece.org/trans/danger/publi/unrec/rev13/
13nature_e.html) in the context of the application of article 6, the Globally Harmonized System of Classification and Labelling of Chemicals see http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.htm) in the context of the application of article 7, and the International Chemical Safety Cards (see http://www.ilo.org/public/english/protection/safework/cis/products/
icsc/index.htm), in the context of the application of Article 8. Based on an examination of the report and appended legislation, the Committee would like to raise the following questions:

2. As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–         Article 2 on the definitions of terms such as “use of chemicals at work”, “branches of economic activity”, “article” and “workers’ representatives”;

–         Article 6, paragraph 2, on hazardous properties of mixtures of two or more chemicals and measures taken to ensure that hazardous properties of mixtures composed of two or more chemicals are determined by assessments based on the intrinsic hazards of their component chemicals;

–         Article 10, paragraphs 1 and 2, on the duty to ensure that all chemicals are labelled or marked, which calls for legislative provisions ensuring the manufacturers’ and importers’ duties to provide chemicals with labels and provide chemical safety data sheets to the employers as well as for provisions ensuring that all chemicals are labelled;

–         Article 12, paragraph (a), on exposure of workers to chemicals, which calls upon the Government to ensure that exposure limits or exposure criteria are established in accordance with either national or international standards; and

–         Article 18, paragraphs 2 and 3(a) to (d), on the rights of workers to remove themselves from danger resulting from the use of chemicals and the rights of workers and their representatives to information.

3. The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–         Article 4 on the formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work and the respective roles and functions, in this respect, of the Steering Committee for Integrated Chemicals Management and Safety Programmes, the Technical Committee for Integrated Chemical Management and Safety Programmes and the Interim Committee for Prior Informed Consent (PIC);

–         Article 6, paragraph 3, on classification systems as regards transport and whether, in this context, use has been made of international standards such as the UN Recommendation on the Transport of Dangerous Goods (see paragraph 1, above);

–         Article 7, paragraph 1, and Article 9, paragraph 2, on the identification of all chemicals by labelling and marking and on the responsibility of the suppliers to forward revised labels and chemical data sheets;

–         Article 8, paragraph 2, on the criteria for the preparation of chemical safety data sheets and whether, in this context, use has been made of the International Chemical Safety Data Sheets;

–         Article 12, paragraph (d), on records of monitoring and of exposure and whether records are kept for longer than five years when a possible exposure to carcinogenic substances, with long latency periods, is concerned;

–         Article 13, paragraph 1(a) to (e), on the assessment of risks arising from the use of chemicals at work, and whether the general requirement in section 73(1) of the OSH Act is so applied in practice that employers are called upon to carry out risk assessments and to seek to eliminate or reduce the risk through the choice of chemicals used;

–         Article 13, paragraph 1(f), on the supply of personal protective equipment and whether section 73(3) of the OSH Act in practice ensures that personal protective equipment is provided at no cost to the workers;

–         Article 15 on information and training and whether the training provided also includes training regarding information on labels and in chemical safety data sheets;

–         Article 19 on responsibility of exporting States and how the Southern African Development Community (SADC) code of practice contributes to the application of the Convention in this respect; and

–         Part V of the report form on a general appreciation of the application of the Convention in practice, including labour inspection reports and statistics, to the extent available.