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RS 0.832.326 Convention no 136 of 23 June 1971 concerning the protection against the risk of intoxication due to benzene

Original Language Title: RS 0.832.326 Convention no 136 du 23 juin 1971 concernant la protection contre les risques d’intoxication dus au benzène

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0.832.326

Original text

Convention n O 136 concerning protection against the risk of intoxication due to benzene

Concluded at Geneva on 23 June 1971

Approved by the Federal Assembly on November 26, 1974 1

Instrument of ratification deposited by Switzerland on 25 March 1975

Entry into force for Switzerland on 25 March 1976

(State on 2 September 2010)

The General Conference of the International Labour Organization,

Convened in Geneva by the Executive Board of the International Labour Office, meeting on 2 June 1971, at its fifty-sixth session;

After deciding to adopt various proposals for protection against risks from benzene, which is the sixth item on the agenda of the session;

Having decided that these proposals would take the form of an international convention,

Adopted on this twenty-third day of June, nine hundred and sixty and eleven, the following Convention, to be referred to as the Convention on Benzene, 1971:

Art. 1

This Agreement shall apply to all activities resulting in the exposure of workers:

(a)
To the aromatic hydrocarbon benzene C 6 H 6 , hereinafter referred to as "benzene";
(b)
Products whose rate of benzene exceeds 1 % by volume, hereinafter referred to as "benzene-containing products".
Art. 2

1. Whenever harmless or less harmful substitutes are available, they must be substituted for benzene or benzene-containing products.

2. Le par. 1 of this Article shall not apply:

(a)
The production of benzene;
(b)
The use of benzene in chemical synthesis work;
(c)
The use of benzene in fuels;
(d)
Analytical or research work in laboratories.
Art. 3

1. The competent authority in each country may grant temporary derogations at the rate set by para. (b) art. 1 and the provisions of s. 1 of the art. 2 of this Convention, within limits and time limits to be fixed after consultation with the organisations most representative of employers and interested workers, if any.

2. In such a case, the Member concerned shall indicate in his reports on the application of this Convention that he is required to submit under s. 22 of the Constitution of the International Labour Organization 1 , the state of its legislation and practice on the issues covered by these derogations and the progress made towards the full implementation of the provisions of the Convention.

3. At the end of a period of three years after the initial entry into force of this Convention, the Governing Council of the International Labour Office shall submit to the Conference a special report on the application of s. 1 and 2 above and containing such proposals as it deems appropriate for action in this regard.


Art. 4

The use of benzene and benzene-containing products must be prohibited in certain work to be determined by national legislation.

2. This prohibition should at least target the use of benzene and products containing benzene as solvents or diluents, except for operations in a closed device or other processes with the same safety conditions.

Art. 5

Technical and occupational hygiene prevention measures must be implemented to ensure the effective protection of workers exposed to benzene or products containing benzene.

Art. 6

1. In premises where benzene or benzene-containing products are manufactured, handled or used, all necessary measures must be taken to prevent the release of benzene vapours into the atmosphere of the workplace.

2. Where workers are exposed to benzene or products containing benzene, the employer must ensure that the concentration of benzene in the atmosphere of the work place does not exceed a maximum to be determined by the authority Competent, at a level not exceeding the limit value of 25 parts per million (80 mg/m 3 ).

3. Guidance from the competent authority shall define the procedure for determining the concentration of benzene in the atmosphere of the work place.

Art. 7

1. Work involving the use of benzene or benzene-containing products must be done, as far as possible, in a closed device.

2. Where it is not possible to use closed devices, work sites where benzene or benzene-containing products are used must be equipped with effective means for the disposal of benzene vapours in the Measures necessary to protect the health of workers.

Art. 8

1. Workers who may come into contact with liquid benzene or liquid products containing benzene must be equipped with adequate individual protection against percutaneous absorption risks.

2. Workers, who, for special reasons, may be exposed to concentrations of benzene in the atmosphere of workplaces exceeding the maximum in par. 2 of the art. 6 of this Convention shall be equipped with adequate individual means of protection against the risks of inhalation of benzene vapours; the duration of exposure shall be limited as far as possible.

Art.

1. When workers are required to carry out work involving exposure to benzene or products containing benzene, they must be submitted:

(a)
A thorough medical examination of fitness, prior to employment, involving a blood test;
(b)
Periodic subsequent examinations involving biological examinations (including a blood examination), the frequency of which is determined by national legislation.

2. After consultation with the organisations most representative of employers and interested workers, if any, the competent authority in each country may grant derogations from the obligations set out in s. 1 of this article in respect of specified categories of workers.

Art. 10

1. The medical examinations provided for in s. 1 of the art. 9 of this Agreement shall:

(a)
Be carried out under the responsibility of a qualified doctor approved by the competent authority, with the help, if any, of competent laboratories;
(b)
Be properly certified.

2. Such medical examinations shall not entail any expenditure for workers.

Art. 11

1. Women who are medically pregnant and mothers during breastfeeding should not be employed in work involving exposure to benzene or products containing benzene.

2. Young people under the age of 18 should not be engaged in work involving exposure to benzene or products containing benzene; however, this prohibition may not apply to young people receiving education Or training if they are under adequate technical and medical supervision.

Art. 12

The word "Benzene" and the necessary hazard symbols must be clearly visible on any vessel containing benzene or products containing benzene.

Art. 13

Each Member shall take all appropriate measures to ensure that any worker exposed to benzene or benzene-containing products receives appropriate instructions on the preventive measures to be taken in order to safeguard health and avoid Accidents, as well as measures to be taken in the event of symptoms of intoxication.

Art. 14

Each Member ratifying this Convention:

(a)
Take, by legislation or any other method in accordance with national practice and conditions, the measures necessary to give effect to the provisions of this Convention;
(b)
Designate, in accordance with national practice, the person (s) to whom the obligation to enforce the provisions of this Agreement is the responsibility;
(c)
Undertake to provide appropriate inspection services for the monitoring of the application of the provisions of this Convention, or to ensure that adequate inspection is ensured.
Art. 15

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 16

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Art. 17

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 18

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 made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 19

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.


Art.

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art.

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)
Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 17 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;
(b)
From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. Scope of application on 2 September 2010

The English and French versions of the text of this Agreement are equally authentic.

Scope of application on 2 September 2010 2

States Parties

Ratification Statement of Succession (S)

Entry into force

Germany

26 September

1973

26 September

1974

Bolivia

31 January

1977

31 January

1978

Bosnia and Herzegovina

2 June

1993 S

2 June

1993

Brazil

24 March

1993

24 March

1994

Chile

14 October

1994

14 October

1995

Colombia

16 November

1976

16 November

1977

Côte d' Ivoire

21 February

1973

21 February

1974

Croatia

8 October

1991 S

8 October

1991

Cuba

17 November

1972

17 November

1973

Ecuador

March 27

1975

March 27

1976

Spain

8 May

1973

8 May

1974

Finland

13 January

1976

13 January

1977

France

30 June

1972

27 July

1973

Comoros

27 November

1974

27 November

1974

Guadeloupe

27 November

1974

27 November

1974

Martinique

27 November

1974

27 November

1974

New Caledonia

27 November

1974

27 November

1974

French Polynesia

27 November

1974

27 November

1974

Meeting

27 November

1974

27 November

1974

Saint Pierre and Miquelon

27 November

1974

27 November

1974

Greece

24 January

1977

24 January

1978

Guinea

26 May

1977

26 May

1978

Guyana

10 January

1983 S

10 January

1983

Hungary

11 September

1972

11 September

1973

India

11 June

1991

11 June

1992

Iraq

27 July

1972

27 July

1973

Israel

21 June

1979

21 June

1980

Italy

23 June

1981

23 June

1982

Kuwait

March 29

1974

March 29

1975

Lebanon

23 February

2000

23 February

2001

Luxembourg

April 8

2008

April 8

2009

Macedonia

17 November

1991 S

17 November

1991

Malta

18 May

1990

18 May

1991

Morocco

July 22

1974

July 22

1975

Montenegro

3 June

2006 S

3 June

2006

Nicaragua

1 Er October

1981

1 Er October

1982

Czech Republic

1 Er January

1993 S

1 Er January

1993

Romania

6 November

1975

6 November

1976

Serbia

24 November

2000 S

24 June

1976

Slovakia

1 Er January

1993 S

1 Er January

1993

Slovenia

29 May

1992 S

29 May

1992

Switzerland

25 March

1975

25 March

1976

Syria

7 February

1977

7 February

1978

Uruguay

2 June

1977

2 June

1978

Zambia

24 May

1973

24 May

1974


RO 1976 703; FF 1974 I 1577


1 Art. 1 al. 1 let. B of FY 26 Nov 1974 (RO 1976 687)
2 RO 1976 709, 1982 1828, 1985 1626, 1992 726, 2005 1859 and 2010 4943. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status on September 2, 2010