55 OF 1993
Official Journal No. 40,936. of 6 July 1993.
By means of which the "Convention No. 170 and the Recommendation number 177 on Safety in the Use of Chemicals at Work" are adopted, adopted by the 77a. Meeting of the General Conference of the O.I.T., Geneva, 1990
Having regard to the text of "Convention number 170 and Recommendation number 177 on Safety in the Use of Chemicals at Work", adopted by 77a. Meeting of the ILO General Conference, Geneva, 1990, which says:
(To be transcribed: photocopies of the integrated texts of the aforementioned international instruments are attached, duly authenticated by the Legal Secretariat of the Ministry of Foreign Affairs.
INTERNATIONAL WORK CONFERENCE
USAGE SECURITY CONVENTION
OF THE CHEMICAL PRODUCTS IN THE JOB
The General Conference of the International Labour Organization: convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 6 June 1990, at its seventh meeting;
Taking note of the relevant international conventions and recommendations of work and in particular the Convention and the Recommendation on benzene, 1971; the Convention and the Recommendation on Professional Cancer, 1974; the Convention and the Recommendation on the environment for work (air pollution, noise and vibration), 1977; the Convention and the Recommendation on the Safety and Health of Workers 1981; the Convention and the Recommendation on Health Services in the work, 1985; the Convention and the Recommendation on asbestos, 1986, and the list of diseases professional, as amended in 1980, which is annexed to the Convention on benefits in the event of occupational accidents and occupational diseases, 1964;
Observing that the protection of workers against the harmful effects of chemicals also contributes to the protection of the general public and the environment;
Observing that access to information about chemicals used in the work responds to a need and is a worker's right;
Whereas it is essential to prevent diseases and accidents caused by chemicals at work or reduce their incidence:
a) Ensuring that all chemicals are evaluated in order to determine the hazard they present;
b) Providing employers with systems that enable them to obtain from suppliers information on the chemicals used at work, so that they can implement effective worker protection programmes against the hazards caused by the chemicals;
c) Providing workers with information on the chemicals used in workplaces, as well as on appropriate prevention measures to enable them to participate effectively in protection programmes, and
(d) Establishing the basic guidelines for such programmes to ensure the use of chemicals under security conditions;
Referring to the need for cooperation within the International Program on Chemical Safety among the International Labour Organization, the United Nations Environment Programme and the Organization World Health, as well as the Food and Agriculture Organization of the United Nations and the Organization of Nations for Industrial Development, and observing relevant instruments, codes and guidelines promulgated by these organizations;
After having decided to adopt various proposals concerning the safety in the use of chemicals in the work question that constitutes the fifth item of the agenda of the meeting, and
After having decided that these proposals are in the form of an international convention, it adopts, with the date of twenty-fifth of June, a thousand nine hundred and ninety, the following Convention, which may be cited as the Convention on the chemicals, 1990:
APPLICATION FIELD AND DEFINITIONS
1. This Convention applies to all branches of economic activity in which chemical products are used.
2. After consultation with the most representative organisations of employers and workers concerned, and on the basis of an assessment of the existing hazards and of the protective measures to be applied, the competent authority of all Member ratifying the Convention:
(a) It may exclude from the application of the Convention or some of its provisions certain branches of economic activity, undertakings or products:
i) When your application raises special issues of sufficient importance, and
(ii) Where the protection as a whole, in accordance with national law and practice, is not less than that which would result from the full application of the provisions of the Convention;
(b) Special provisions should be laid down to protect confidential information, the disclosure of which to a competitor could be detrimental to the activity of the employer, provided that the safety and health of workers is not are committed.
3. The Convention does not apply to articles which, under normal or reasonably foreseeable conditions of use, do not expose workers to a dangerous chemical.
4. The Convention does not apply to organisms, but applies to chemicals derived from organisms.
ARTICLE 2o. For the purposes of this Convention:
(a) The expression "chemicals" means chemical elements and compounds, and their mixtures, whether natural or synthetic;
(b) The expression "hazardous chemicals" comprises any chemical that has been classified as dangerous in accordance with Article 6 or for which there are relevant information that indicate that there is a risk;
c) The expression "use of chemicals at work" implies all work activity that could expose a worker to a chemical, and understands:
i) The production of chemicals;
ii) Handling of chemicals;
iii) Storage of chemicals;
iv) The transport of chemicals;
v) Removal and treatment of chemical waste;
vi) The emission of chemicals resulting from the work;
vii) Maintenance, repair and cleaning of equipment and containers used for chemical products;
d) The expression "branches of economic activity" applies to all branches in which workers are employed, including public administration;
e) The term "article" means any object that is manufactured with a specific shape or design or that is in its natural form, and whose use depends entirely or partially on the characteristics of form or design;
(f) The expression "representatives of the workers" means persons recognized as such by national law or practice in accordance with the Convention on Workers ' Representatives, 1971.
ARTICLE 3o. The most representative organisations of employers and workers concerned shall be consulted on measures to give effect to the provisions of the Convention.
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ARTICLE 4. Each Member shall, in consultation with the most representative employers 'and workers' organizations and taking into account national conditions and practice, formulate, implement and periodically review a consistent security policy in the use of chemicals in the job.
ARTICLE 5o. The competent authority, if justified for reasons of safety and health, must be able to prohibit or restrict the use of certain dangerous chemicals, or to require a notification and a prior authorisation for the use of such products.
CLASSIFICATION AND RELATED MEASURES
ARTICLE 6o. CLASSING SYSTEMS.
1. The competent authority, or bodies approved or recognised by the competent authority, in accordance with national or international standards, shall establish appropriate systems and specific criteria for the classification of all products. chemicals depending on the type and extent of the physical and health risks involved, and to assess the relevance of the information needed to determine their danger.
2. The hazardous properties of mixtures formed by two or more chemical products may be determined by assessing the risks involved in the chemical products forming them.
3. In the case of transport, such systems and criteria shall take into account the UN Recommendations on the transport of dangerous goods.
4. Classification systems and their application should be progressively extended.
ARTICLE 7o. TAGGING AND MARKING.
1. All chemicals must bear a mark that permits identification.
2. Dangerous chemicals must also be easily accessible to workers, providing essential information about their classification, the dangers involved and the safety precautions to be observed.
3. 1. The requirements for labelling or marking of chemicals in accordance with paragraphs 1 and 2 of this Article shall be laid down by the competent authority or by an approved or recognised body by the competent authority, compliance with national or international standards.
2) In the case of transport, such requirements shall take into account the United Nations Recommendations on the transport of dangerous goods.
ARTICLE 8o. SECURITY DATA TOKENS.
1. Employers using hazardous chemicals should be provided with safety data sheets containing detailed information on their identification, their pro-vestench, their classification, their danger, the measures taken by them, and the precaution and emergency procedures.
2. The criteria for the production of safety data sheets shall be established by the competent authority or by a body approved or recognised by the competent authority in accordance with national or international standards.
3. The chemical or common name used to identify the chemical in the safety data sheet must be the same as the one shown on the label.
ARTICLE 9o. VENDOR LIABILITY.
1. Suppliers, whether manufacturers, importers or distributors, of chemicals should ensure that:
(a) The chemical products that they supply have been classified in accordance with Article 6, based on the knowledge of their properties and the search for information available or evaluated in accordance with the paragraph 3 of this Article;
(b) Such chemicals bear a mark that permits their identification, in accordance with paragraph 1 of Article 7;
c) The hazardous chemicals that are supplied have been labeled in accordance with paragraph 2 of the article 7;
d) Safety data sheets relating to hazardous chemicals are prepared and provided to employers in accordance with paragraph 1 of Article 8.
2. Suppliers of hazardous chemicals will have to ensure that they are prepared and supplied to employers, in accordance with national law and practice in accordance with national legislation, labels and safety data sheets each time. new relevant information on health and safety issues appears.
3. Suppliers of chemicals that have not yet been classified in accordance with Article 6 shall identify the products that supply and evaluate the properties of these chemicals on the basis of in the information available, in order to determine whether they are dangerous.
ARTICLE 10. IDENTITY.
1. Employers shall ensure that all chemicals used in the work are labelled or labelled in accordance with the provisions of Article 7 and that the safety data sheets have been provided for in Article 8 and are made available to workers and their representatives.
2. Where employers receive chemicals that have not been labelled or marked in accordance with the provisions of Article 7 or for which no safety data sheets have been provided as per se provided for in Article 8, they shall obtain the relevant information from the supplier or other reasonably available sources of information, and shall not use the chemicals before they have such information; information.
3. Employers shall ensure that only products classified in accordance with Article 26 or identified or assessed under paragraph 3 of Article 9 and labeled or marked in accordance with article 7, and all due precautions are taken during use.
4. Employers must maintain a record of the hazardous chemicals used in the workplace, with references to appropriate safety data sheets. The register must be accessible to all interested workers and their representatives.
ARTICLE 11. CHEMICAL TRANSFER.
Employers must ensure that, when chemical products are transferred to other vessels or equipment, the content of the latter is indicated in order to ensure that workers are informed of the identity of these products, of the risks involved in its use and all the security precautions to take.
ARTICLE 12. EXPOSITION. Employers must:
(a) Ensure that their workers are not exposed to chemicals above the exposure limits or other exposure criteria for the assessment and control of the working environment established by the authority competent or by a body approved or recognised by the competent authority in accordance with national or international standards;
b) Evaluate workers ' exposure to hazardous chemicals;
(c) To monitor and record the exposure of workers to hazardous chemicals, where necessary, to protect their safety and health or when prescribed by the competent authority;
(d) Ensure that data relating to the monitoring of the working environment and the exposure of workers using hazardous chemicals are retained for the period prescribed by the competent authority and are accessible to those workers and their representatives.
ARTICLE 13. OPERATIONAL CONTROL. Employers shall assess the risks arising from the use of chemicals at work, and ensure the protection of workers against such risks by appropriate means, and in particular:
a) Choosing chemicals that eliminate or minimize the degree of risk;
b) Choosing technology to eliminate or minimize the degree of risk;
c) Applying appropriate technical control measures;
d) Adopting systems and working methods that eliminate or minimize the degree of risk;
e) Adopting appropriate work hygiene measures;
f) When the measures that have just been mentioned are not sufficient, providing, at no cost to the worker, personal protective equipment and protective clothing, ensuring adequate maintenance and ensuring the use of such means protection.
2. Employers must:
a) Limit exposure to hazardous chemicals to protect workers ' safety and health;
b) Provide first aid;
c) Take action to address urgent situations.
ARTICLE 14. DISPOSAL. Dangerous chemicals that are not needed more and containers that have been emptied, but which may contain hazardous chemicals, must be handled or disposed of in such a way that they are removed or reduced to minimum risks to safety and health, as well as to the environment, in accordance with national legislation and practice.
ARTICLE 15. INFORMATION AND TRAINING. Employers must:
a) Inform workers about the dangers of exposure to chemicals they use in the workplace;
b) To instruct workers on how to obtain and use the information that appears on the labels and on the security data sheets;
c) Use the security data sheets, together with the specific workplace information, as a basis for the preparation of instructions for the workers, which must be written if there is a place;
d) Train workers continuously on the procedures and practices to be followed for the safe use of chemicals at work.
ARTICLE 16. COOPERATION. Employers, in the framework of their responsibilities, should cooperate as closely as possible with workers or their representatives in the field of safety in the use of chemicals at work.
1. Workers shall cooperate as closely as possible with their employers in the framework of the latter's responsibilities and shall observe all procedures and practices established for the safe use of chemical products. at work.
2. Workers must take all reasonable steps to eliminate or minimise the risks involved in the use of chemicals at work for themselves and for others.
WORKERS 'AND THEIR REPRESENTATIVES' RIGHT
1. Workers shall have the right to depart from any danger arising from the use of chemicals where they have reasonable grounds to believe that there is a serious and imminent risk to their safety or health, and shall without delay to the supervisor.
2. Workers who depart from a danger, in accordance with the provisions of the preceding paragraph, or who exercise any other right under this Convention, shall be protected against the unjustified consequences of this Convention. act.
3. The workers concerned and their representatives must have the right to obtain:
(a) Information on the identification of chemicals used at work, the hazardous properties of such products, the precautionary measures to be taken, education and training;
b) The information contained in the labels and symbols;
c) The security data tokens;
(d) Any other information to be kept under the provisions of this Convention.
4. Where disclosure to a competitor of the specific identification of an ingredient of a chemical compound may be detrimental to the activity of the employer, the employer may, in supplying the information referred to in paragraph 3, protect the identification of the ingredient, in accordance with the provisions laid down by the competent authority, in accordance with Article 1, paragraph 2 (b).
EXPORTING STATES RESPONSIBILITIES
ARTICLE 19. When in an exporting Member State the use of hazardous chemicals has been totally or partially prohibited for reasons of safety and health at work, said State shall carry out that fact and the reasons that motivate it to the knowledge of any country it exports to.
ARTICLE 20. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.
1. This Convention shall bind only those Members of the International Labour Organization whose ratifications have been registered by the Director General.
2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the Director General.
3. From that moment on, this Convention shall enter into force for each Member twelve months after the date of its ratification.
1. Any Member who has ratified this Convention may denounce it at the end of a period of 10 years from the date on which it was initially put into effect, by means of a record communicated for registration, to the Director-General of the Office. International Labour. The complaint shall not take effect until one year after the date on which it was registered.
2. Any Member who has ratified this Convention and who, within one year of the expiry of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this Article shall be obliged to new ten-year period, and may subsequently denounce this Convention at the expiration of each ten-year period, under the conditions laid down in this Article.
1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of any ratifications, declarations and complaints communicated to him by the Members of the Organization.
2. Upon notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall draw the attention of the Members of the Organization on the date of entry into force of this Convention.
ARTICLE 24. The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with Article 102 of the Charter of United Nations, complete information on all ratifications, statements and reports of denunciation you have registered in accordance with the preceding articles.
ARTICLE 25. Each time you deem it necessary, the Board of Directors of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the The question of whether to include on the agenda of the Conference the question of its full or partial review.
1. Should the Conference adopt a new convention involving a total or partial revision of the present, and unless the new convention contains provisions to the contrary:
(a) The ratification by a Member of the new review agreement will entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in Article 22, provided that the new Convention reviewer has entered into force;
(b) As from the date of the entry into force of the new revising Convention, this Convention shall cease to be open for ratification by the Members.
2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the Convention.
ARTICLE 27. The English and French versions of the text of this Convention are equally authentic.
INTERNATIONAL WORK CONFERENCE
RECOMMENDATION ON USAGE SECURITY
OF THE CHEMICAL PRODUCTS IN THE JOB
The General Conference of the International Labour Organization:
convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on June 6, 1990, at its seventh meeting;
Having decided to adopt various proposals concerning the safety of the use of chemicals in the work, which is the fifth item on the agenda of the meeting, and
Having decided that these proposals are in the form of a complementary Recommendation of the Convention on Chemicals, 1990,
Adopts, with the date of twenty-five-hundred-ninety-nine, the following Recommendation, which can be cited as the Recommendation on Chemicals, 1990:
I. GENERAL PROVISIONS.
1. The provisions of this Recommendation should be applied in conjunction with those of the Convention on Chemicals, 1990 (hereinafter referred to as the "Convention").
2. The most representative organisations of employers and workers concerned should be consulted on the measures to be taken to give effect to the provisions of the Recommendation.
3. The competent authority should specify the categories of workers to whom, for safety and health reasons, certain chemicals are not permitted to be used, or to which only those chemicals are permitted to be used under fixed conditions. compliance with national legislation.
4. The provisions of the Recommendation should also apply to those self-employed persons who determine national legislation.
5. Special provisions established by the competent authority to protect confidential information in accordance with Article 1, paragraph 2, (b), and Article 18; Paragraph 4 of the Convention should:
a) Limit the disclosure of confidential information to those who need it in connection with the safety and health of workers;
b) Ensure that those who obtain confidential information agree to use it exclusively to meet health and safety needs and to protect their confidentiality in all other cases;
(c) Ensure that the relevant confidential information is disclosed immediately in the event of an emergency;
d) Establish procedures to quickly examine the validity of any confidentiality request as well as the need to which the information withheld may respond when there is disagreement regarding its disclosure.
II. CLASSIFICATION AND RELATED MEASURES
6. The criteria for the classification of chemicals established in accordance with paragraph 1 of Article 6 of the Convention should be based on their characteristics and among them:
a) Toxic properties, including acute and chronic health effects anywhere in the body;
(b) Chemical or physical characteristics, including their flammable, explosive, oxidising properties and those that may cause dangerous reactions;
c) Corrosive and irritating properties;
d) Allergic and sensitising effects;
e) carcinogenic effects;
f) Teratogenic and mutagenic effects, and
g) Effects on the player system.
7. (1) To the extent that it is reasonable and feasible, the competent authority should establish and regularly update an integrated list of the chemical elements and their compounds used at work, together with relevant information on their risks.
2. In respect of chemical elements and compounds which are not yet included in the integrated list, manufacturers or importers should be obliged, unless they are exempt, to transmit to the competent authority before their use at work and in a manner compatible with the need to protect confidential information in accordance with Article 1(2) (b) of the Convention, the information necessary to keep up to date the list.
TAGGING AND MARKING
8. 1. The requirements for the labelling and marking of chemicals established in accordance with Article 7 of the Convention should be such as to allow persons handling or using the chemical products recognise and distinguish these products, both when they receive them and when they are used, in order to ensure safety in their use.
2) The requirements of labelling for hazardous chemicals should cover, in accordance with existing national or international systems:
a) The information to be included on the label, including, if applicable:
i) Trade names;
ii) Identification of the chemical;
iii) Vendor name, address, and phone;
iv) Danger symbols;
v) Indole of the particular risks involved in the use of the chemical;
vi) Security precautions;
vii) Batch Identification;
viii) Indication that a safety data sheet with complementary information can be obtained from the employer;
ix) Classification assigned under the system established by the competent authority;
b) Legability, durability, and label size;
c) Uniformity of labels and symbols including color.
3) The label should be easily understandable for workers.
4. In the case of chemicals not referred to in sub-paragraph (2) of this paragraph, the marking may be limited to the identification of the chemical.
9. Where it is not materially possible to label or mark a chemical by reason of the size of the container or the nature of the packaging, other effective means of recognition should be provided, such as non-fixed labels or accompanying documentation. However, all vessels containing dangerous chemicals should bear appropriate indications or symbols on the risks inherent in the hazard of the products they contain.
SECURITY DATA TOKENS
10. 1) The criteria for the production of safety data sheets for hazardous chemicals should, where appropriate, ensure that these tokens contain essential information, in particular on:
(a) Identification of chemical and manufacturer products (including the trade name or common name of the chemical, as well as detailed information about the supplier or manufacturer);
b) Composition and information about its ingredients (so that they can be clearly identified for the purpose of carrying out a hazard assessment);
c) Identification of risks;
d) Measures for first aid;
) Measures in case of fire;
f) Measures in case of accidental detachment;
g) Manipulation and storage;
h) Controls in the event of exposure and personal protection (including possible methods of monitoring the levels of exposure in the workplace);
i) Physical and chemical properties;
j) Stability and reactivity;
(k) toxicological information (including possible routes of penetration into the body and the possibility of synergy with other chemicals used or other risks at work);
l) Ecological information;
m) Information about product removal;
n) Information about transport;
o) Regulatory Informations;
p) Other information (including the date of preparation of the security data sheets).
2) The names or concentrations of the ingredients referred to in subparagraph (b) of sub-paragraph (1) of this paragraph may be omitted from the safety data sheet when they constitute confidential information in accordance with Article 1, paragraph 2 (b) of the Convention. In accordance with paragraph 5 of the Recommendation, the information should be made available on request and in writing to the competent authority, employers, workers and representatives of the workers concerned, who are commit to using such information exclusively in order to protect the safety and health of workers and not to disclose it for other purposes.
III. EMPLOYERS ' RESPONSIBILITY
11.1) When workers are exposed to hazardous chemicals, the employer should be required to:
a) Limit exposure to such products to protect workers ' health;
b) Evaluate and monitor the concentration of chemicals in suspension in the air in the workplace and, if necessary, keep track of these measurements.
2) Workers and their representatives and the competent authority should have access to such records.
3) Employers should keep the records provided for in this paragraph during the period determined by the competent authority.
OPERATIONAL CONTROL IN THE WORKPLACE
12.1) Employers should take measures to protect workers from the dangers arising from the use of chemicals at work; these measures should be based on the criteria established in accordance with the paragraphs 13 to 16.
2) In accordance with the Tripartite Declaration of Principles on Multinational Enterprises and Social Policy, adopted by the Board of Directors of the International Labour Office, any national or multinational company that counts with more than one establishment should take, without discrimination, safety measures to prevent and control health risks due to exposure at work to hazardous chemicals and to protect workers against such risks. risks in all its establishments, whatever the place or the country in which it is find.
13. The competent authority should ensure that criteria are established for the safe use of hazardous chemicals; these criteria should be taken into account as appropriate:
(a) The risk of acute or chronic diseases caused by penetration in the body by inhalation, skin absorption or ingestion;
b) The risk of injury or disease in the event of skin or eye contact;
(c) The risk of injury in the event of fire, explosion or other events resulting from their physical properties or their chemical reactivity;
d) The precautionary measures to be taken:
i) Choosing chemicals that eliminate or minimize such risks;
ii) Choosing processes, technology and facilities that eliminate or minimize such risks;
iii) Applying and maintaining appropriate technical control measures;
iv) Adopting systems and working methods that eliminate or minimize such risks;
v) Adopting appropriate personal hygiene measures and providing adequate sanctioning facilities;
vi) Facilitating, ensuring maintenance and ensuring the use of personal protective equipment and protective clothing, at no cost to workers, when the stated measures have not been proven sufficient for eliminate such risks;
vii) Using posters and warnings;
viii) Preparing to adequately address emergency cases.
14. The competent authority should ensure that criteria are established for the safe storage of hazardous chemicals; these criteria should, as appropriate, include provisions on:
a) The compatibility and separate storage of the chemicals;
b) The properties and quantity of the chemicals to be stored;
c) The security and placement of the warehouses, and access to them;
d) The manufacture, nature and integrity of the containers;
e) The loading and unloading of containers;
f) The requirements of labelling and relabelling;
g) The precautions to be taken against accidental emissions, fires, explosions and chemical reactivity;
h) Temperature, humidity, and ventilation;
i) Precautions and ways to proceed in case of spills;
j) procedures in case of emergency;
k) Possible physical and chemical changes in stored chemicals.
15. The competent authority should ensure that criteria are established in accordance with national and international regulations on the safety of workers engaged in the transport of dangerous chemicals. criteria should be taken into account, as appropriate:
(a) the properties and quantity of the chemicals to be transported;
(b) the integrity and protection of packaging and containers used for their transport, including pipelines;
(c) the characteristics of the vehicle used for transport;
d) the itineraries to be followed;
e) the training and qualifications of workers in charge of transport;
f) the requirements of the labeling;
g) loading and unloading;
h) how to proceed in case of spills.
16.1) The competent authority should ensure that criteria are established in accordance with national and international regulations on the disposal of hazardous waste in respect of the procedures to be followed for disposal and disposal. the treatment of dangerous chemicals and hazardous waste in order to ensure the safety of workers.
2) Such criteria should contain provisions, where appropriate, on:
a) the method for identifying the waste;
b) handling contaminated containers;
(c) the identification, manufacture, nature, integrity and protection of containers with waste;
d) effects on the working environment;
e) the demarcation of removal zones;
(f) the supply, maintenance and use of personal protective equipment and protective clothing;
g) methods of disposal or treatment.
17. The criteria laid down in accordance with the Convention and the Recommendation on chemicals should be compatible, as far as possible, with the protection of the general public and the environment and the criteria laid down by such object.
18.1) The employer or the competent body should be required under national law and practice to provide, by means of a method in line with such legislation and practice, the medical surveillance of the rabajors. required:
(a) to assess the health status of workers with respect to the risks arising from their exposure to chemicals;
b) to diagnose diseases and injuries at work due to exposure to hazardous chemicals.
2) When the results of medical tests and tests reveal clinical or preclinical effects, measures should be taken to prevent or reduce the exposure of the workers concerned and to prevent further deterioration of their health.
3) The results of medical examinations should be used to determine the state of health with regard to exposure to chemicals, and in no way for discriminatory purposes for workers.
4) Medical records of workers should be kept for a period of time and by persons determined by the competent authority.
5) Workers should have access to their own medical records, either personally or through their own doctors.
6) The confidential nature of personal medical records should be respected, in accordance with generally accepted principles of medical ethics.
7) The results of the medical examinations should be clearly explained to the workers concerned.
8) Workers and their representatives should have access to studies based on medical records, if they do not identify workers individually.
9) The results of medical records should be provided for the development of appropriate health statistics and epidemiological studies, provided that anonymity is maintained, where this can contribute to the recognition and control of medical records. occupational diseases.
FIRST AID AND EMERGENCIES
19. In accordance with the provisions laid down by the competent authority, employers should be required to provide for procedures (including means to dispense first aid) to act in cases of emergency and resulting accidents. the use of hazardous chemicals at work, and ensure that their workers receive training in such procedures.
20. Employers and employees and their representatives should cooperate as closely as possible in the implementation of the measures prescribed in accordance with the Recommendation.
21. Workers should be required to:
(a) To ensure, as soon as possible, for their own safety and health and for the safety and health of other persons to whom they may affect their acts or omissions at work, in accordance with the training they possess and the instructions received from your employer;
b) that they correctly use all the means available to them for protection or that of others;
(c) to indicate without delay to their supervisor any situation which, in their view, may pose a risk, and which they cannot adequately address themselves.
22. The advertising material relating to hazardous chemicals intended for use at work should draw attention to the dangers they present and the need to take precautions.
23. Suppliers should, upon request, provide employers with any information that they have and that is necessary for the assessment of any unusual risks that may result from the particular use of a chemical in the work.
V. WORKERS ' RIGHTS
24.1) Workers and their representatives should be entitled to:
(a) obtain from the employer the safety data sheets and other information enabling them to take appropriate precautions, in cooperation with the employer, to protect workers against the potential risks posed by the use of hazardous chemicals at work;
(b) to ask the employer or the competent authority to carry out investigations into the potential risks involved in the use of chemicals at work, and to participate in such investigations.
2) Where the requested information is confidential, in accordance with Article 1, paragraph 2, (b), and Article 18, paragraph 4 of the Convention, employers may ask the workers or their representatives to limit their use to the assessment and prevention of the potential risks involved in the use of chemicals at work, and to take reasonable steps to ensure that this information is not revealed to potential competitors.
3) In accordance with the Tripartite Declaration of Principles on Multinational Enterprises and Social Policy, multinational companies should communicate to the workers concerned, to the workers ' representatives, to the the competent authority and employers 'and workers' organisations in all the countries in which they operate, if they so request, information on the rules and procedures relating to the use of dangerous chemicals, which are relevant to their local operations and that these companies observe in other countries.
25.1) Workers should have the right:
(a) to alert their representatives, the employer or the competent authority to the potential hazards arising from the use of chemicals at work;
(b) to depart from any danger arising from the use of chemical products where they have reasonable grounds to believe that there is a serious and imminent risk to their safety or health, and shall without delay inform their supervisor;
c) in case your health condition increases the risk of harm, for example by sensitization to a dangerous chemical, to be occupied in an alternative work that does not require the use of this product, provided that it is available of such work and that the workers concerned are qualified or can be reasonably trained for such alternative work;
d) obtain compensation if in the case provided for in the preceding paragraph loses its employment;
(e) appropriate medical treatment and compensation for accident or illness caused by the use of chemicals at work.
2) Workers who depart from any danger, in accordance with the provisions of subparagraph (b) of sub-paragraph 1), or who exercise any of their rights under this Recommendation, should be protected against undue consequences of this act.
3) When workers have become part of a danger in accordance with sub-paragraph (1) (b), employers, in collaboration with workers and their representatives, should immediately investigate the case. danger and take all necessary corrective measures.
4) In case of pregnancy or breast-feeding, female workers should have the right to alternative work that does not involve exposure to chemicals that are dangerous to the health of the fetus or the infant, or their use, provided that such work is available, and the right to return to their previous occupations at the right time.
26. Workers should receive:
(a) Information on the classification and labelling of chemicals and on safety data sheets in a form and in languages that they can easily understand.
(b) Information on the risks involved in the use of hazardous chemicals in their work;
c) Written or oral instructions based on the security data sheets and, if needed, specific to the workplace;
d) Training and, where necessary, retraining on the available methods of prevention and control of such risks, as well as on appropriate methods to protect against them, in particular suitable methods of storage, transport and disposal of waste, as well as emergency and first aid measures.
Full and compliant certified copy of Spanish text,
by the Director General of the International Labour Office.
The Legal Counsel, International Labour Office,
Executive Branch of the Public Power-Presidency of the Republic
Santafe de Bogota, D.C..
Approved. Submit to the honorable consideration
National Congress for Constitutional Effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(FDO.) NOEMI SANIN DE RUBIO
ARTICLE 1o. Approve " Convention No. 170 and Recommendation No. 177 on Safety in the Use of Chemicals at Work, adopted by the 77a. Meeting of the General Conference of the International Labour Organization, Geneva, 1990.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1974, the " Convention No. 170 and Recommendation No. 177 on Safety in the Use of Chemicals at Work, adopted by the 77a. Meeting of the ILO General Conference ", Geneva 1990, which is approved by article 1 of this Law, will force the country from the date on which the international link with respect to them is perfected.
ARTICLE 3o. This Law governs from the date of its publication.
Republic of Colombia-National Government
Communicate and comply.
Upon review by the Constitutional Court
as provided for in article 241-10
of the Political Constitution.
Dada en Santafe de Bogota, D.C., a los dos (2) dias
of the month of July of a thousand nine hundred and ninety-three (1993)
The President of the honorable Senate of the Republic,
TITO RUEDA GUARIN.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the hnorable House of Representatives,
CESAR PEREZ GARCIA.
The Secretary General of the Honorable House of Representatives,
DIEGO VIVAS TAFUR.
CESAR GAVIRIA TRUJILLO
The Foreign Minister,
NOEMI SANIN DE RUBIO.
The Minister of Labour and Social Security,
LUIS FERNANDO RAMIREZ ACUNA.
Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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