Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (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.