PDF DOWNLOADS: 2022 latest version Safety in the use of chemicals at work
2.1.1. The competent authority should formulate and state a coherent policyonsafety in the use of chemicals at work, taking into account national conditions
andpractice and in consultation with the most representative organisations of employers and
workers concerned. This should form part of the national policy on occupational safety and health and the working environment required by the Occupational Safety and
Health Convention, 1981 (No. 155). As part of this policy, the criteria for the use of chemicals
at work should be as consistent as possible with the protection of the general public and the environment, and with any other criteria established for that purpose.
2.1.2. The competent authority should review existing national measures and practice, in consultation with the most representative organisations of employers and
workers concerned, for ensuring safety in the use of chemicals at work. Such measures and practice should be compared with international regulations, standards and
systems, and with the measures and practice recommended by this code.
2.1.3. In the light of the stated policy and the review, the competent authority should formulate and implement the necessary measures including laws, standards
and criteria for safety in the use of chemicals at work, in consultation with the most representative organisations of employers and workers concerned, to give effect
to Convention No. 170 and Recommendation No. 177, including the principles of good practice in this code, in accordance with international regulations, standards
and systems.
2.1.4. The competent authority should periodically review the stated policy and the existing measures to implement that policy, in consultation with the most representative organisations of employers and workers concerned, and implement any necessary changes in law, standards and criteria, taking into account current national conditions and in accordance with international regulations, standards and systems.
2.1.5. The competent authority should ensure that compliance with laws and regulations concerning safety in the use of chemicals at work is secured by an adequate and appropriate system of inspection. Adequate penalties should be provided for violations of these laws and regulations.
2.1.6. The competent authority should have the power, if justified on safety and health grounds, to either:
a) prohibit or restrict the use of certain hazardous chemicals; or
b) require advance notification and authorisation before such chemicals are used. When all or some uses of hazardous chemicals are prohibited for reasons of safety and health at work, this prohibition and the reasons for it should be communicated by the exporting State to any importing country. States should designate a competent authority to perform the exchange of information about decisions regarding the import or export of chemicals. Guidance can be found in the London Guidelines for the Exchange of Information on Chemicals in International Trade drawn up by the United Nations Environment Programme (UNEP).
2.1.7. The competent authority should have powers to specify categories of workers who, for reasons of safety and health, are not allowed to use specified chemicals or are allowed to use them but only under conditions prescribed in accordance with national laws or regulations.
2.1.8. The competent authority, or a body approved or recognised by the competent authority, should establish:
a) systems and specific criteria appropriate for classifying chemicals according to their intrinsic physical and health risks by type and degree;
b) systems and specific criteria for assessing the relevance of the information required to determine whether a chemical is hazardous;
c) requirements for marking and labelling chemicals taking into account the need to harmonise such systems internationally. In the case of transport, account should be taken of the United Nations Recommendations on the transport of dangerous goods;
d) criteria for the information contained in the chemical safety data sheets received by employers. The competent authority should set out the necessary rules to determine these criteria
and requirements but is not necessarily expected to undertake technical tasks or
laboratory tests itself.
2.1.9. Classification systems and their application should be progressively extended, while taking into account harmonisation with internationally recognised systems. The competent authority should make arrangements for compiling and periodically updating a consolidated list of the chemical elements and compounds used at work, together with relevant hazard information. To the extent available, lists compiled by other national authorities under pre-manufacture or pre-market notification requirements may be used to compile and update this list.
2.1.10. The competent authority should require manufacturers and importers to
provide it with information on specified criteria for assessing the hazards of
chemical
elements and compounds which are not yet included in the consolidated list
compiled by
the competent authority. Prior to use of the chemicals at work, the required
information
should be provided by the manufacturer and importer intending to place new
chemicals
on the market, whether the chemicals are individual substances or components of
a
mixture. The competent authority may specify a minimum threshold quantity for
new
chemicals for which such information should be provided. The powers of exemption
may be used to exempt requirements for information on all components of a
mixture
where their quantities are insignificant in relation to the specific criteria
set and do not
affect the classification of the chemical, or where the same information has
already been
provided. Confidential information should be kept and disclosed in a manner
consistent
with the requirements of section 2.6<p> </p>
2.1.11. The competent authority should ensure that criteria are established on
measures which provide for safety of workers, in particular:
a) in the production and handling of hazardous chemicals;
b) in the storage of hazardous chemicals;
c) in the transport of hazardous chemicals, consistent with national or
international
transport regulations;
d) in the disposal and treatment of hazardous chemicals and hazardous waste
products,
consistent with national or international regulations.
The competent authority may achieve this by:
i) national laws and regulations;
ii) adopting, approving or recognising standards, codes or guidelines;
iii) where such standards, codes or guidelines do not exist, encouraging their
adoption by a competent body;
iv) requiring employers to justify the criteria to which they are working.
2.1.12. The competent authority may prescribe:
a) the hazardous chemicals in respect of which the exposure of workers should be
monitored and recorded;
b) periods for keeping records undertaken by employers of monitoring the working
environment and of exposure of workers;
c) periods for keeping records of the results of medical surveillance of
workers.