Friday, June 18, 2021

ILO Convention C170 & Recommendation R177 - Chemicals Convention 1990

ILO Chemicals convention, 1990 (No.170) and ILO Recommendation, 1990 (No.177) are the main ILO instruments dealing with chemicals.

They provide the basis for the sound management of all types of chemicals at the workplace. Follow an approach of prioritizing prevention or reduce the incidence of chemically induced illnesses and injuries at work over protection.

(a) ensuring that all chemicals are evaluated to determine their hazards;

(b) providing employers with a mechanism [MSDS] to obtain from suppliers information about the chemicals used at work so that they can implement effective programmes to protect workers from chemical hazards;

(c) providing workers with information about the chemicals at their workplaces, and about appropriate preventive measures so that they can effectively participate in protective programmes;

(d) establishing principles for such programmes to ensure that chemicals are used safely.

ARTICLE – 2 DEFINITION

Chemicals means chemical elements and compounds, and mixtures thereof, whether natural or synthetic;

Hazardous chemical includes any chemical which has been classified as hazardous in accordance with Article 6 or for which relevant information exists to indicate that the chemical is hazardous;

Use of chemicals at work means any work activity which may expose a worker to a chemical, including:

(i) the production of chemicals;

(ii) the handling of chemicals;

(iii) the storage of chemicals;

(iv) the transport of chemicals;

(v) the disposal and treatment of waste chemicals;

(vi) the release of chemicals resulting from work activities;

(vii) the maintenance, repair and cleaning of equipment and containers for chemicals;

ARTICLE – 6 CLASSIFICATIONS SYSTEMS

Criteria for the classification of chemicals based upon the characteristics of chemicals including:

(a) toxic properties, including both acute and chronic health effects in all parts of the body;

(b) chemical or physical characteristics, including flammable, explosive, oxidising and dangerously reactive properties;

(c) corrosive and irritant properties;

(d) allergenic and sensitising effects;

(e) carcinogenic effects; [causes CANCER]

(f) teratogenic and mutagenic effects; [causes genetic disorders]

(g) effects on the reproductive system.

ARTICLE – 7 LABELLING AND MARKING

The labelling requirements for hazardous chemicals should, in conformity with existing national or international systems, cover:

The information to be given on the label including as appropriate:

(i) trade names;

(ii) identity of the chemical;

(iii) name, address and telephone number of the supplier;

(iv) hazard symbols;

(v) nature of the special risks associated with the use of the chemical;

(vi) safety precautions;

(vii) identification of the batch;

(viii) the statement that a chemical safety data sheet giving additional information is available from the employer;

(ix) the classification assigned under the system established by the competent authority;

 The legibility, durability and size of the label;

The uniformity of labels and symbols, including colours.

The label should be easily understandable by workers.

ARTICLE – 8 CHEMICAL SAFETY DATA SHEET

The criteria for the preparation of chemical safety data sheets for hazardous chemicals should ensure that they contain essential information including, as applicable:

(1) chemical product and company identification (including trade or common name of the chemical and details of the supplier or manufacturer);

(2) composition/information on ingredients (in a way that clearly identifies them for the purpose of conducting a hazard evaluation);

(3) hazards identification;

(4) first-aid measures;

(5) fire-fighting measures;

(6) accidental release measures;

(7) handling and storage;

(8) exposure controls/personal protection (including possible methods of monitoring workplace exposure);

(9) physical and chemical properties;

(10) stability and reactivity;

(11) toxicological information (including the potential routes of entry into the body and the possibility of synergism with other chemicals or hazards encountered at work);

(12) ecological information;

(13) disposal considerations;

(14) transport information;

(15) regulatory information;

(16) other information (including the date of preparation of the chemical safety data sheet).

ARTICLE – 9 RESPONSIBILITIES OF SUPPLIERS

Suppliers of chemicals, whether manufacturers, importers or distributors, shall ensure that:

(a) such chemicals have been classified as Hazardous Chemicals on the basis of knowledge of their properties and a search of available information or assessed

(b) such chemicals are marked so as to indicate their identity

(c) hazardous chemicals they supply are labelled

(d) chemical safety data sheets are prepared for such hazardous chemicals  and provided to employers.

ARTICLE – 10 IDENTIFICATION

1.   Employers shall ensure that all chemicals used at work are labelled or marked and  CSDS and are made available to workers and their representatives.

2.   Employers receiving chemicals that have not been labelled or marked  or without CSDS, shall obtain the relevant information from the supplier or from other reasonably available sources, and shall not use the chemicals until such information is obtained.

3.   Employers shall ensure that only chemicals which are classified, identified and assessed, labelled or marked are used and that any necessary precautions are taken when they are used.

4.   Employers shall maintain a record of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets. This record shall be accessible to all workers concerned and their representatives.

ARTICLE – 11 TRANSFER OF CHEMICALS

Employers shall ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

ARTICLE – 12 EXPOSURE

Employers shall:

(a)  ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits.

(b)  assess the exposure of workers to hazardous chemicals;

(c)  monitor and record the exposure of workers to hazardous chemicals when this is necessary to safeguard their safety and health or as may be prescribed by the competent authority;

(d)  ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives.

ARTICLE – 13 OPERATIONAL CONTROL

Employers shall make an assessment of the risks arising from the use of chemicals at work, and shall protect workers against such risks by appropriate means, such as:

(a) the choice of chemicals that eliminate or minimise the risk;

(b) the choice of technology that eliminates or minimises the risk;

(c) the use of adequate engineering control measures;

(d) the adoption of working systems and practices that eliminate or minimise the risk;

(e) the adoption of adequate occupational hygiene measures;

(f) where recourse to the above measures does not suffice, the provision and proper maintenance of personal protective equipment and clothing at no cost to the worker, and the implementation of measures to ensure their use.

Employers shall:

(a) limit exposure to hazardous chemicals so as to protect the safety and health of workers;

(b) provide first aid;

(c) make arrangements to deal with emergencies.

ARTICLE – 13 OPERATIONAL CONTROL

MEDICAL SURVELLIANCE

(a) for the assessment of the health of workers in relation to hazards caused by exposure to chemicals;

(b) for the diagnosis of work-related diseases and injuries caused by exposure to hazardous chemicals.

(c) Where the results of medical tests or investigations reveal clinical or preclinical effects, measures should be taken to prevent or reduce exposure of the workers concerned, and to prevent further deterioration of their health.

(d) The results of medical examinations should be used to determine health status with respect to exposure to chemicals, and should not be used to discriminate against the worker.

ARTICLE – 14 DISPOSAL

Hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals, shall be handled or disposed of in a manner which eliminates or minimises the risk to safety and health and to the environment, in accordance with national law and practice.

ARTICLE – 15 INFORMATION AND TRAINING

Employers shall:

(a) inform the workers of the hazards associated with exposure to chemicals used at the workplace;

(b) instruct the workers how to obtain and use the information provided on labels and chemical safety data sheets;

(c) use the chemical safety data sheets, along with information specific to the workplace, as a basis for the preparation of instructions to workers, which should be written if appropriate;

(d) train the workers on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work.

Workers and their representatives should have the right to:

(a) obtain chemical safety data sheets and other information from the employer so as to enable them to take adequate precautions, in co-operation with their employer, to protect workers against risks from the use of hazardous chemicals at work;

(b) request and participate in an investigation by the employer or the competent authority of possible risks resulting from the use of chemicals at work.

Workers should have the right:

(a) to bring to the attention of their representatives / employer of any potential hazards arising from the use of chemicals at work;

(b) to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and should inform their supervisor immediately;

(c) in the case of a health condition, such as chemical sensitisation, placing them at increased risk of harm from a hazardous chemical, to alternative work not involving that chemical, if such work is available and if the workers concerned have the qualifications or can reasonably be trained for such alternative work;

(d) to compensation in case of suffered with ill health results in loss of employment;

(e) to adequate medical treatment and compensation for injuries and diseases resulting from the use of chemicals at work.

(f) Women workers should have the right, in the case of pregnancy or lactation, to alternative work not involving the use of, or exposure to, chemicals hazardous to the health of the unborn or nursing child, where such work is available, and the right to return to their previous jobs at the appropriate time.

Workers should receive:

(a) information on the classification and labelling of chemicals and on chemical safety data sheets in forms and languages which they easily understand;

(b) information on the risks which may arise from the use of hazardous chemicals in the course of their work;

(c) instruction, written or oral, based on the chemical safety data sheet and specific to the workplace if appropriate;

(d) training and, where necessary, retraining in the methods which are available for the prevention and control of, and for protection against, such risks, including correct methods of storage, transport and waste disposal as well as emergency and first-aid measures.

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