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

Belgium

Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2016)
Chemicals Convention, 1990 (No. 170) (Ratification: 2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the reports on which are examined this year, the Committee considers it appropriate to examine Conventions Nos 167 (on safety and health in construction) and 170 (on chemicals) together.

The Committee takes note of the first reports of the Government concerning Conventions Nos 167 and 170, and the supplementary information provided concerning Convention No. 170, in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

A. Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 10(3). The employer’s responsibilities. The Committee notes the obligations pertaining to employers, including those concerning risk analysis in the workplace, which are covered in Title 1 “Chemical Agents” of Book VI of the Code on Welfare at Work, promulgated in 2017. The Committee notes, however, that the Code on Welfare at Work does not appear to include the specific obligation of Article 10(3) of the Convention, which requires employers to ensure that only chemicals which are classified, or identified and assessed, and labelled or marked in accordance with the Convention are used. The Committee requests the Government to indicate the specific provisions setting forth the obligation of employers to ensure that, in accordance with Article 10(3), only chemicals which are classified in accordance with Article 6 or identified and assessed in accordance with Article 9, paragraph 3, and labelled or marked in accordance with Article 7 are used.

Article 14. Disposal. The Committee notes that section VI.1-5, 4 of the Code on Welfare at Work defines an “activity involving chemicals” as including the “disposal” of these chemicals and that, consequently, the provisions of the Code on Welfare at Work, Book VI, Title 1 on "Chemical Agents" apply to safety and health risks. The Committee also notes the Government's indication in its report that the protection of the environment, in the context of the disposal of chemical agents, falls under the competence of the Regions, and of the legislation in force for the Flemish authority. The Committee requests the Government to provide further information on the manner in which it is ensured, in the various regions, that hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals, are handled or disposed of in a manner which eliminates or minimizes the risk to the environment.

Article 18(1). Right to remove oneself from danger. La Committee notes that section I.2-26 of the Code on Welfare at Work provides that workers who remove themselves from their workplace or a hazardous area in the event of serious and immediate danger “and which cannot be avoided", must not suffer any damages and must be protected from any harmful and unjustified consequences. Section I.2-26 of the Code also stipulates that the workers must immediately inform their line manager and competent internal unit. The Committee notes that Article 18(1) of the Convention does not refer to a danger “which cannot be avoided”. The Committee therefore requests the Government to take the necessary measures to align its legislation with this Article. It requests the Government to indicate all other measures to ensure that workers have the right to remove themselves from resulting from the use of chemicals when they have reasonable grounds to believe there is an imminent and serious risk to their safety or health, in accordance with Article 18(1) of the Convention.

Application of the Convention in practice. The Committee notes the data provided by the Government concerning the inspections carried out in enterprises, between June 2018 and April 2019, by the Directorate for the prevention of major accidents, which identify certain shortcomings in the regulations relating to labelling, distribution of safety data sheets, signage, and protection against exposure to chemical agents. The Committee requests the Government to continue providing information on the measures taken to ensure the effective application of this Convention in practice, including the number of inspections in enterprises carrying out activities involving chemicals, any shortcomings identified and the outcome of follow-up action.

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12 of the Convention. Right to remove oneself from an imminent and serious danger. Employer’s obligation when there is an imminent danger to the safety of workers. The Committee notes that section I.2-26 of the Code on Welfare at Work provides for the right of workers to remove themselves in the event of serious and immediate danger "and which cannot be avoided”. In addition, according to section I.2-24 of the Code on Welfare at Work, the employer must “take measures and give instructions to the workers to allow them, in the event of serious and immediate danger which cannot be avoided, to stop their activity or to move to safety by immediately evacuating the workplace. The Committee recalls that Article 12(1) and (2) of the Convention do not refer to a danger which "cannot be avoided". The Committee therefore requests the Government to take the necessary measures to align its legislation with this Article. It also requests it to indicate all other measures taken or envisaged to give effect to Article 12.

Article 23. Work over water. The Committee notes that section 468 of the General Regulation for occupational prevention and protection provides that where there is a risk of drowning, easily accessible life-saving equipment shall be made available to personnel. The Committee also notes that, pursuant to section 26(1) of the Royal Decree of 25 January 2001 concerning temporary or mobile work sites, specific prevention measures relating to work exposing workers to a risk of drowning must be described in the health and safety plan of the temporary or mobile work site where such work is being carried out. The Committee requests the Government to provide further information on the manner in which it is ensured that these measures include those set forth under Article 23(a) (preventing workers from falling into water) and (c) (safe and sufficient transport) of the Convention.

Article 27. Explosives. The Committee notes that under section 26(1) of the Royal Decree of 25 January 2001 concerning temporary or mobile work sites, the specific preventive measures relating to work involving the use of explosives must be described in the safety and health plan of the temporary or mobile work site where such work is being carried out. The Committee requests the Government to provide further information on the national conditions in which explosives must be stored, transported, handled or used; and the measures taken to ensure that explosives are stored, transported, handled or used only by a competent person, who must take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.