Convention Concerning Protection Against Hazards Of Poisoning Arising From Benzene
Source: http://www.ilo.org/ilolex/cgi-lex/convde.pl
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and
Having decided upon the adoption of certain proposals with regard to protection against hazards arising from benzene, which is the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
Adopts this twenty-third day of June of the year one thousand nine hundred and seventy-one the following Convention, which may be cited as the Benzene Convention, 1971:
Article 1
This Convention applies to all activities involving exposure of workers to:
a) the aromatic hydrocarbon benzene C6H6 hereinafter referred to as "benzene";
b) products the benzene content of which exceeds 1 per cent by
volume, hereinafter referred to as "products containing benzene".
Article 2
1. Whenever harmless or less harmful substitute products are
available, they shall be used instead of benzene or products
containing benzene.
2. Paragraph 1 of this Article does not apply to:
a) the production of benzene;
b) the use of benzene for chemical synthesis;
c) the use of benzene in motor fuel;
d) analytical or research work carried out in laboratories.
Article 3
1. The competent authority in a country may permit temporary derogations from the percentage laid down in Article 1, sub- paragraph (b), and from the provisions of Article 2, paragraph 1, of this Convention under conditions and within limits of time to be determined after consultation with the most representative organizations of employers and workers concerned, where such exist.
2. In such cases the Member in question shall indicate in its
reports on the application of this Convention submitted under
article 22 of the Constitution of the International Labour
Organization the position of its law and practice as regards the
derogations and any progress made towards complete application of
the terms of the Convention.
3. At the expiration of three years from the date on which this
Convention first entered into force, the Governing Body of the
International Labour Office shall submit to the Conference a special
report concerning the application of paragraphs 1 and 2 of this
Article and containing such proposals as it may think appropriate
for further action in regard to the matter.
Article 4
1. The use of benzene and of products containing benzene shall be
prohibited in certain work processes to be specified by national
laws or regulations.
2. This prohibition shall at least include the use of benzene and
of products containing benzene as a solvent or dilutent, except
where the process is carried out in an enclosed system or where
there are other equally safe methods of work.
Article 5
Occupational hygiene and technical measures shall be taken to
ensure effective protection of workers exposed to benzene or to
products containing benzene.
Article 6
1. In premises where benzene or products containing benzene are
manufactured, handled or used, all necessary measures shall be taken
to prevent the escape of benzene vapour into the air of places of
employment.
2. Where workers are exposed to benzene or to products containing
benzene, the employer shall ensure that the concentration of benzene
in the air of the places of employment does not exceed a maximum
which shall be fixed by the competent authority at a level not
exceeding a ceiling value of 25 parts per million (80 mg/m3).
3. The competent authority shall issue directions on carrying out
the measurement of the concentration of benzene in the air of places
of employment.
Article 7
1. Work processes involving the use of benzene or of products
containing benzene shall as far as practicable be carried out in an
enclosed system.
2. Where it is not practicable for the work processes to be
carried out in an enclosed system, places of work in which benzene
or products containing benzene are used shall be equipped with
effective means to ensure the removal of benzene vapour to the
extent necessary for the protection of the health of the workers.
Article 8
1. Workers who may have skin contact with liquid benzene or
liquid products containing benzene shall be provided with adequate
means of personal protection against the risk of absorbing benzene
through the skin.
2. Workers who for special reasons may be exposed to
concentrations of benzene in the air of places of employment which
exceed the maximum referred to in Article 6, paragraph 2, of this
Convention shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. The duration of exposure shall be limited as far as possible.
Article 9
1. Workers who are to be employed in work processes involving
exposure to benzene or to products containing benzene shall undergo:
a) a thorough pre-employment medical examination for fitness for
employment which shall include a blood-test;
b) periodic re-examinations, which shall include biological tests
including a blood-test, at intervals fixed by national laws or regulations.
2. The competent authority in a country may, after consultation
with the most representative organizations of employers and workers
concerned, where such exist, permit exceptions from the obligations
of paragraph 1 of this Article in respect of specified categories of
workers.
Article 10
1. The medical examinations provided for in Article 9, paragraph
1, of this Convention shall be:
a) carried out under the responsibility of a qualified physician,
approved by the competent authority, and with the assistance, as
appropriate, of a competent laboratory;
b) certified in an appropriate manner.
2. These medical examinations shall not involve the workers in
any expense.
Article 11
1. Women medically certified as pregnant, and nursing mothers,
shall not be employed in work processes involving exposure to
benzene or products containing benzene.
2. Young persons under 18 years of age shall not be employed in
work processes involving exposure to benzene or products containing
benzene: Provided that this prohibition need not apply to young
persons undergoing education or training who are under adequate
technical and medical supervision.
Article 12
The word "Benzene" and the necessary danger symbols shall be
clearly visible on any container holding benzene or products
containing benzene.
Article 13
Each Member shall take appropriate steps to provide that any
worker exposed to benzene or products containing benzene receives
appropriate instructions on measures to safeguard health and prevent
accidents, as well as on the appropriate action if there is any
evidence of poisoning.
Article 14
Each Member which ratifies this Convention:
a) shall, by laws or regulations or any other method consistent
with national practice and conditions take such steps as may be
necessary to give effect to the provisions of this Convention:
b) shall, in accordance with national practice specify the person
or persons on whom the obligations of compliance with the provisions
of this Convention rests;
c) undertakes 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.
Article 15
The formal ratifications of this Convention shall be
communicated to the Director-General of the International Labour
Office for registration.
Article 16
1. This Convention shall be binding only upon those Members of
the International Labour Organization whose ratifications have been
registered with the Director-General.
2. It shall come into force twelve months after the date on which
the ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification has
been registered.
Article 17
1. A Member which has ratified this Convention may denounce it
after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to the
Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
2. Each Member which has ratified this Convention and which does
not, within the year following the expiration of the period of ten
years mentioned in the preceding paragraph, exercise the right of
denunciation provided for in this Article will be bound for another
period of ten years and thereafter, may denounce this Convention at
the expiration of each period of ten years under the terms provided
for in this Article.
Article 18
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to
him by the Members of the Organization.
2. When notifying the Members of the Organization of the
registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the
Organization to the date upon which the Convention will come into
force.
Article 19
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the
United Nations full particulars of all ratifications and acts of
denunciation registered by him in accordance with the provisions of
the preceding Articles.
Article 20
At such times as it may consider necessary the Governing Body
of the International Labour Office shall present to the General
Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference
the question of its revision in whole or in part.
Article 21
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention
otherwise provides;
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have ratified it but
have not ratified the revising Convention.
Article 22
The English and French versions of the text of this Convention are equally authoritative.
