White Lead (Painting) Convention, 1921 (No. 13) - Lao People's Democratic Republic (Ratification: 1964)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1, 2 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. Legislation. Following its previous comments on legislative provisions giving effect to the Convention, the Committee notes the Government’s indication in its report that the country does not manufacture white lead, and only uses products from exporting countries that should already have measures to control the use of white lead. The Government further indicates that a prohibition on the use of white lead is provided for in sections 9, 10 and 11 of the Law on Chemical Management No. 07/NA. Sections 9 and 10 of this Law divide chemicals into Types I, II, III or IV according to levels of hazards, and prohibits business activities using chemicals of Type I, except for selected activities approved by the Government, such as research. The Government also refers to Decision No. 0389/MOIC of the Minister of Industry and Commerce on the List of Industrial Chemicals, of 3 April 2018. While this Decision categorises lead powder as a chemical under Type II, white lead and sulphate of lead do not appear to be included in the list. In addition, while the Government indicates that the prohibition on the use of white lead also applies to artistic painting, it is not clear if there are any other exceptions. The Committee therefore requests the Government to indicate the legislative provisions setting out the categorisation of white lead and sulphate of lead, in application of the Law on Chemical Management No. 07/NA. In addition, should there be any exceptions to the prohibition, the Committee requests the Government to indicate the legislative provisions regulating the use of white lead and sulphate of lead in accordance with Article 5 of the Convention.

Article 3. Prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead. In response to the Committee’s comments on provisions giving effect to Article 3, the Committee notes the Government’s indication that it applies section 3(1.5) of the Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons, adopted on 23 November 2018. The Committee requests the Government to provide detailed information on this section and the way it is implemented in practice.

Article 7. Establishment of statistics of morbidity and mortality due to lead poisoning. Following its previous comments on this matter, the Committee notes the Government’s indication that it has implemented sections 12 and 13(4) and (5) of the Decree No. 22/GOV on Occupational Safety and Health (OSH) of 5 February 2019, which provide for the duties of OSH officers and OSH units at the undertaking level to report occupational diseases to the labour management authority, among other duties. The Government nevertheless states that there are currently no statistics available regarding morbidity and mortality due to lead poisoning, and that it will strive to collect statistics when it has the capacity to do so. The Committee requests the Government to continue to take the necessary measures to ensure that it can compile statistics of morbidity and mortality due to lead poisoning in the near future, and to provide such statistical information, when available.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1, 2, 3 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. With reference to its previous comments, the Committee notes the Government’s indication that the Labour Law (Revised) was adopted in 2013. The Government states that changes have been introduced to the Law in accordance with Articles 1, 2, 3 and 5 of the Convention. However, the Committee notes that the Labour Law of 2013 does not contain provisions relating to the use of white lead paint. The Committee therefore requests the Government to indicate the provisions of national legislation which give effect to the following Articles of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); and Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited).

Article 7. Establishment of statistics of morbidity and mortality due to lead poisoning. Noting that the Government indicates that there are no data available for the moment, the Committee recalls the obligation under Article 7 concerning the collection of statistics among working painters of cases of lead poisoning and requests the Government to make every effort to begin to compile such information. It requests the Government to provide such statistical information, when available.

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

The Committee notes the Government’s latest report and the information supplied in response to its previous comments. The Committee notes the amended Law on Labour, No. 06/NY, dated 27 December 2006, and the agreement by the Minister of Labour and Social Welfare on the establishment of a National Committee on Occupational Safety and Health, composed of ten representative agencies, meeting regularly to review and plan occupational safety and health activities. However, the Committee notes that no information has been provided regarding its previous comment requesting information on the manner in which the Ministry of Labour and Social Welfare cooperates with the Ministry of Industry and Handicraft in matters related to occupational safety and health. The Committee reiterates its request to the Government to explain the roles of the abovementioned ministries, and how they cooperate with each other in the application of occupational safety and health.

The Committee notes the Government’s response in its previous reports indicating the intention to draw up a safety and health decree which would include regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

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

1. The Committee notes the information contained in the Government’s report and notes with interest the adoption of the Law on Hygiene, Disease Prevention and Health Promotion (Law No. 01/A of 2001). However, the Committee notes that no information has been provided regarding its previous comment requesting information on the manner in which the Ministry of Labour and Social Welfare cooperate with the Ministry of Industry and Handicraft in matters related to occupational safety and health. The Committee reiterates its request to the Government to explain the manner in which the abovementioned ministries cooperate.

2. With reference to a previous comment, in which the Committee noted the Government’s intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises which were to be composed of eight representative agencies concerned, the Committee requests the Government to indicate the provisions establishing this special inspection commission, its organization and working methods. It also requests the Government to specify the eight agencies, which will be represented in this commission.

3. In yet another comments made in 1994, the Committee had noted the Government’s indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee also noted the Government’s indication that a safety and health decree would be drafted, which were to include regulations concerning the use of white lead. The Committee also notes that, according to the most recent information provided, work is under way to revise the current Labour Law (Act No. 002/NA of 14 March 1997) and that, as a potential consequence thereof, an enactment of legislation related to the present Convention might be considered. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with regret 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:

1. The Committee notes the Government’s indication that while national labour legislation does not provide for provisions regarding white lead in painting, more attention is paid to workers’ safety and health matters. The Committee also notes that the Minister of Labour and Social Welfare has been entrusted by the Government to deal with issues related to safety and health of workers. To this effect, the Minister of Labour and Social Welfare cooperates closely with the Minister of Health and the Minister of Industry and Handicraft which deal with safety and health matters. The Committee asks the Government to explain the manner in which the abovementioned Ministers cooperate.

2. The Committee notes the Government’s intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises. It also notes that this commission will be composed of eight representative agencies concerned. The Committee would request the Government to indicate the legal basis providing for the establishment of this special inspection commission. It also would request the Government to specify the eight agencies which will be represented in this commission. Finally, the Committee would be grateful if the Government would supply information on the organization and working methods of the inspection commission.

3. In its comment of 1994, the Committee had noted the Government’s indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee notes the Government’s indication that a safety and health decree will be drafted which includes regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee hopes that the Government will provide, in its next report, information on the progress accomplished in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

1. The Committee notes the Government’s indication that while national labour legislation does not provide for provisions regarding white lead in painting, more attention is paid to workers’ safety and health matters. The Committee also notes that the Minister of Labour and Social Welfare has been entrusted by the Government to deal with issues related to safety and health of workers. To this effect, the Minister of Labour and Social Welfare cooperates closely with the Minister of Health and the Minister of Industry and Handicraft which deal with safety and health matters. The Committee asks the Government to explain the manner in which the abovementioned Ministers cooperate.

2. The Committee notes with interest the Government’s intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises. It also notes that this commission will be composed of eight representative agencies concerned. The Committee would request the Government to indicate the legal basis providing for the establishment of this special inspection commission. It also would request the Government to specify the eight agencies which will be represented in this commission. Finally, the Committee would be grateful if the Government would supply information on the organization and working methods of the inspection commission.

3. In its comment of 1994, the Committee had noted the Government’s indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee notes the Government’s indication that a safety and health decree will be drafted which includes regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee hopes that the Government will provide, in its next report, information on the progress accomplished in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no response to previous comments. It must therefore repeat its previous direct request which read as follows:

1. The Committee notes the Government’s indication that while national labour legislation does not provide for provisions regarding white lead in painting, more attention is paid to workers’ safety and health matters. The Committee also notes that the Minister of Labour and Social Welfare has been entrusted by the Government to deal with issues related to safety and health of workers. To this effect, the Minister of Labour and Social Welfare cooperates closely with the Minister of Health and the Minister of Industry and Handicraft which deal with safety and health matters. The Committee asks the Government to explain the manner in which the abovementioned Ministers cooperate.

2. The Committee notes with interest the Government’s intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises. It also notes that this commission will be composed of eight representative agencies concerned. The Committee would request the Government to indicate the legal basis providing for the establishment of this special inspection commission. It also would request the Government to specify the eight agencies which will be represented in this commission. Finally, the Committee would be grateful if the Government would supply information on the organization and working methods of the inspection commission.

3. In its comment of 1994, the Committee had noted the Government’s indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee notes the Government’s indication that a safety and health decree will be drafted which includes regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee hopes that the Government will provide, in its next report, information on the progress accomplished in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

The Committee notes the report of the Government, which does not contain any new elements in response to its previous comments. It therefore draws once again the Government’s attention to the questions raised in its previous comments on the following points.

1. The Committee notes the information supplied in the Government’s reports. It notes the Government’s indication that while national labour legislation does not provide for provisions regarding white lead in painting, more attention is paid to workers’ safety and health matters. The Committee also notes that the Minister of Labour and Social Welfare has been entrusted by the Government to deal with issues related to safety and health of workers. To this effect, the Minister of Labour and Social Welfare cooperates closely with the Minister of Health and the Minister of Industry and Handicraft which deal with safety and health matters. The Committee asks the Government to explain the manner in which the abovementioned Ministers cooperate.

2. The Committee notes with interest the Government’s intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises. It also notes that this commission will be composed of eight representative agencies concerned. The Committee would request the Government to indicate the legal basis providing for the establishment of this special inspection commission. It also would request the Government to specify the eight agencies which will be represented in this commission. Finally, the Committee would be grateful if the Government would supply information on the organization and working methods of the inspection commission.

3. In its comment of 1994, the Committee had noted the Government’s indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee notes the Government’s indication that a safety and health decree will be drafted which includes regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee hopes that the Government will provide, in its next report, information on the progress accomplished in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the report of the Government, which does not contain any new elements in response to its previous comments. It therefore draws once again the Government’s attention to the questions raised in its previous comments on the following points.

1. The Committee notes the information supplied in the Government’s reports. It notes the Government’s indication that while national labour legislation does not provide for provisions regarding white lead in painting, more attention is paid to workers’ safety and health matters. The Committee also notes that the Minister of Labour and Social Welfare has been entrusted by the Government to deal with issues related to safety and health of workers. To this effect, the Minister of Labour and Social Welfare cooperates closely with the Minister of Health and the Minister of Industry and Handicraft which deal with safety and health matters. The Committee asks the Government to explain the manner in which the abovementioned Ministers cooperate.

2. The Committee notes with interest the Government’s intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises. It also notes that this commission will be composed of eight representative agencies concerned. The Committee would request the Government to indicate the legal basis providing for the establishment of this special inspection commission. It also would request the Government to specify the eight agencies which will be represented in this commission. Finally, the Committee would be grateful if the Government would supply information on the organization and working methods of the inspection commission.

3. In its comment of 1994, the Committee had noted the Government’s indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee notes the Government’s indication that a safety and health decree will be drafted which includes regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of young persons under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee hopes that the Government will provide, in its next report, information on the progress accomplished in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information supplied in the Government's reports. It notes the Government's indication that while national labour legislation does not provide for provisions regarding white lead in painting, more attention is paid to workers' safety and health matters. The Committee also notes that the Minister of Labour and Social Welfare has been entrusted by the Government to deal with issues related to safety and health of workers. To this effect, the Minister of Labour and Social Welfare cooperates closely with the Minister of Health and the Minister of Industry and Handicraft which deal with safety and health matters. The Committee would ask the Government to explain the manner in which the above-mentioned Ministers cooperate.

2. The Committee notes with interest the Government's intention to set up a special inspection commission to carry out safety, health and economic inspection in enterprises. It also notes that this commission will be composed of eight representative agencies concerned. The Committee would request the Government to indicate the legal basis providing for the establishment of this special inspection commission. It also would request the Government to specify the eight agencies which will be represented in this commission. Finally, the Committee would be grateful if the Government would supply information on the organization and working methods of the inspection commission.

3. In its comment of 1994, the Committee had noted the Government's indication that many big projects were now being run by foreign investors, including construction and maintenance work. It noted that a safety and health decree would be drafted and that ILO technical assistance had been already received in this regard. The Committee notes the Government's indication that a safety and health decree will be drafted which includes regulations concerning the use of white lead. The Committee reiterates its firm hope that the safety and health decree will be drafted in the very near future and that it will contain such provisions to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to indicate, in its next report, the progress made in this regard.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In previous comments, the Committee had noted the Government's indication, in its report for 1989, that industrial development in Laos was at a low level and the use of white lead, sulphate of lead and all products containing this pigment had not appeared in the country. The Government had stated further that it would try to follow the use of white lead in the country and, if it appeared, legislation would be enacted.

In its latest report, the Government has indicated that many big projects in the country are now being run by foreign investors, including construction and maintenance work. The Committee notes with interest the Government's indication that a safety and health decree which will also deal with the use of white lead is going to be drafted and that ILO technical cooperation has already been received in this regard.

The Committee hopes that the new safety and health legislation will be drafted and the necessary measures for the application of the Convention will be taken in the near future. The Government is requested to indicate, in its next report, the progress made in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret 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 following matters raised in its previous direct request:

The Committee noted the information supplied by the Government in its report for 1989. It noted the Government's indication that industrial development in Lao was at a low level and the use of white lead, sulphate of lead and all products containing this pigment had not appeared in the country, so that the Government had not yet enacted an ordinance on the use of white lead in accordance with the Convention. The Government added that what was used in painting in the country was usually in the form of paste, or paint ready for use, or spray which was imported from abroad. Finally, the Government indicated that it would try to follow the use of white lead in the country and, if it appeared, legislation would be enacted.

The Committee took note of this undertaking. It once again trusts the Government is aware that paste, paint ready for use or spray may contain white lead or sulphate of lead, and requests the Government to indicate any measures taken to ensure that no paste, paint ready for use or spray is imported which contains substances whose use should be prohibited under Article 1 of the Convention in the internal painting of buildings (except where considered necessary for industrial establishments after tripartite consultation, or if the lead content is below 2 per cent).

The Committee moreover hopes that, when the adoption or amendment of broader legislation on safety and health is next considered, the use of white lead will also be regulated in conformity with the Convention, and that the Government will also supply information on all measures taken or contemplated to this end.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 concerning the following points:

The Committee noted the information supplied by the Government in its report for 1989. It noted the Government's indication that industrial development in Lao was at a low level and the use of white lead, sulphate of lead and all products containing this pigment had not appeared in the country, so that the Government had not yet enacted an ordinance on the use of white lead in accordance with the Convention. The Government added that what was used in painting in the country was usually in the form of paste, or paint ready for use, or spray which was imported from abroad. Finally, the Government indicated that it would try to follow the use of white lead in the country and, if it appeared, legislation would be enacted.

The Committee took due note of this undertaking. It trusts the Government is aware that paste, paint ready for use or spray may contain white lead or sulphate of lead, and requests the Government to indicate any measures taken to ensure that no paste, paint ready for use or spray is imported which contains substances whose use should be prohibited under Article 1 of the Convention in the internal painting of buildings (except where considered necessary for industrial establishments after tripartite consultation, or if the lead content is below 2 per cent).

The Committee moreover hopes that, when the adoption or amendment of broader legislation on safety and health is next considered, the use of white lead will also be regulated in conformity with the Convention, and that the Government will also supply information on all measures taken or contemplated to this end.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report. It notes the Government's indication that industrial development in Lao is still at a low level and the use of white lead, sulphate of lead and all products containing this pigment has not appeared in the country, so that the Government has not yet enacted an ordinance on the use of white lead in accordance with the Convention. The Government adds that what is used in painting in the country is usually in the form of paste, or paint ready for use, or spray which is imported from abroad. Finally, the Government indicates that it tries to follow the use of white lead in the country and, if it appears, legislation will be enacted.

The Committee takes due note of this undertaking. It trusts the Government is aware that paste, paint ready for use or spray may contain white lead or sulphate of lead, and requests the Government to indicate any measures taken to ensure that no paste, paint ready for use or spray is imported which contains substances whose use should be prohibited under Article 1 of the Convention in the internal painting of buildings (except where considered necessary for industrial establishments after tripartite consultation, or if the lead content is below 2 per cent).

The Committee moreover hopes that, when the adoption or amendment of broader legislation on safety and health is next considered, the use of white lead will also be regulated in conformity with the Convention, and that the Government will also supply information on all measures taken or contemplated to this end.