Convention on the Safe Use of Chemicals in the Workplace

Convention No. 170

International Labor Organization Conference:

Convened by the Governing Body of the International Labor Office, the seventy-seventh session was held in Geneva on June 7, 1990.

Taking note of the relevant international labor Conventions and Recommendations, in particular the 1971 Benzene Convention and Recommendation, the 1974 Occupational Diseases Convention and Recommendation, the 1977 Work Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, the 1981 Occupational Safety and Health Conventions and Recommendations, Occupational Health Facilities Convention and Recommendation, 1985, Asbestos Convention and Recommendation, 1986, and as Annex to the Work Injury Benefits Convention, 1964, the Revised List of Occupational Diseases, 1980, and

Noting that protecting workers from the harmful effects of chemicals also helps protect the public and the environment, and

Noting that workers need and have the right to receive information about the chemicals they use at work, and

Considers the importance of preventing or reducing illness and injury caused by chemicals at work by:

(a) Ensure that all chemicals are evaluated to determine their hazards,

(b) Provide a mechanism for employers to obtain information from suppliers about chemicals used in their operations so that they can implement effective programs to protect workers from chemical hazards,

(c) Provide workers with information about chemicals in their workplace and appropriate protective measures so that they can effectively participate in protection programs,

(d) determine principles for such programs to ensure the safe use of chemicals, and

Recognizes the need for cooperation on international chemical safety programs between the International Labor Organization, the United Nations Environment Program and the World Health Organization, and with the Food and Agriculture Organization of the United Nations and the United Nations Industrial Development Organization, and takes note of the relevant documents, rules and guidance for use developed by these organizations, and

Decided to adopt certain proposals on the safe use of chemicals in the workplace, item 5 of the agenda of this session, and

Having determined that these proposals should take the form of an international convention, adopt this twenty-fifth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Chemicals Convention, 1990.

Part One Scope and Definition

Article 1

1． This Convention applies to all sectors of economic activity that use chemicals.

2. The competent authorities of the Member States that ratify this Convention, after consultation with the most representative organizations of employers and workers concerned and on the basis of an evaluation of the hazards involved and the protective measures to be taken:

(a) Allow certain special economic activity sectors, enterprises or products to be exempted from the implementation of this Convention or certain of its provisions in the following circumstances;

(Ⅰ) Substantial special problems exist;

(II) The total protection provided in accordance with national law or practice is no less than the protection provided by the full implementation of the provisions of this Convention;

(b) Special provisions shall be made to protect confidential information whose disclosure to competitors may cause damage to the employer's operations, provided, however, that the safety and health of workers are not thereby compromised.

3． This Convention does not apply to articles whose use under normal or reasonably foreseeable conditions does not expose workers to hazardous chemicals.

4． This Convention does not apply to all types of organic matter, but it does apply to chemicals derived from organic matter.

Article 2

For the purposes of this Convention:

(a) The term "chemicals" means various chemical elements and compounds, and mixtures thereof, whether natural or artificial;

(b) The term "hazardous chemical" includes any chemical that is classified as hazardous under Article 6 or for which appropriate information exists indicating that it is hazardous;

(C) The term "workplace chemicals" means any work activity that may expose workers to chemicals, including:

(Ⅰ)Production of chemicals;

(II) Transportation of chemicals;

(III)Storage of chemicals;

(IV) Transportation of chemicals;

(V) Disposal or treatment of chemical waste;

(VI) Release of chemicals due to operational activities;

(Ⅶ) Maintenance, repair and cleaning of chemical equipment and containers;

(d) The term "sectors of economic activity" means all sectors employing workers, including public services;

(e) The term "article" means a substance formed into a specific shape or configuration during the production process, or existing in an original form in which the purpose of the object depends in whole or in part on its shape or configuration;

(f) The term "workers' representatives" means persons recognized by national law or practice under the Workers' Representatives Convention, 1971.

Part 2 General Provisions

Article 3

The most representative organizations of employers and workers concerned shall be consulted on the measures to be taken to give effect to the provisions of this Convention.

Article 4

Member States should develop and implement a policy on the safe use of chemicals in the workplace, subject to regular inspections, in accordance with national conditions and practice and in consultation with the most representative employers' and workers' organizations.

Article 5

The competent authority should have the power to prohibit or restrict the use of certain hazardous chemicals if it considers it appropriate in terms of safety and health, or to require prior notification and approval of the use of such chemicals.

Part Three: Classification and Related Measures

Article 6 Classification System

l． Appropriate systems or special standards should be established by the competent authority, or by a body approved or recognized by the competent authority, in accordance with national or international standards, to analyze all chemicals in terms of their inherent hazards to health and body and to evaluate the relevant information required to determine whether chemicals are harmful.

2. Determine the hazardous characteristics of two or more chemicals through an evaluation based on the inherent hazards of each chemical.

3. When transporting, such systems and standards should take into account the United Nations Recommendations on the Transport of Dangerous Goods.

4. The classification system and its implementation should be gradually promoted.

Article 7 Labels and Logo

1． All chemicals should be labeled to indicate their identity.

2. Hazardous chemicals should be additionally labeled in a manner that is easily understood by workers to provide basic information about their classification, the hazards they present, and the safety precautions that should be followed.

3． (l) Requirements for the identification or labeling of chemicals in accordance with paragraphs 1 and 2 of this Article shall be made by the competent authority, or by a body approved or recognized by the competent authority, in accordance with national or international standards.

(2) During transportation, such requirements should take into account the United Nations Recommendations on the Transport of Dangerous Goods.

Article 8 Chemical Safety Instructions

1． For hazardous chemicals, employers should be provided with chemical safety instructions, which should list basic information on their characteristics, suppliers, classification, hazards, safety precautions and emergency response methods.

2. Standards for the preparation of safety instructions for chemicals should be formulated by the competent authority, or an organization approved or recognized 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 should be consistent with the name used on the label.

Article 9 Responsibilities of the Supplier

1． Chemical suppliers, whether manufacturers, importers or distributors, shall ensure that:

(a) These chemicals have been classified in accordance with Article 6 on the basis of an understanding of their characteristics and a search of available information, or have been evaluated in accordance with paragraph 3 below;

(b) Label these chemicals to indicate their identity in accordance with Article 7, paragraph 1;

(c) Label the hazardous chemicals it supplies in accordance with Article 7, paragraph 2;

2. Suppliers of hazardous chemicals should ensure that when new appropriate safety and health information is obtained, revised labels and chemical safety instructions are prepared in a manner consistent with national laws and practices and provided to employers.

3． Suppliers of chemicals that are not classified in accordance with Article 6 shall identify the chemicals they supply and evaluate their ingredients to determine whether they are hazardous chemicals based on a search of existing information.

Part 4

Article 10 Identification

1． The employer shall ensure that all chemicals used in the workplace are labeled or marked in accordance with the requirements of Article 7, and that chemical safety instructions are provided in accordance with the requirements of Article 8 and are available to workers and their representatives.

2. Employers who receive chemicals that have not been labeled or labeled as required by Article 7, or that have not yet provided safety data sheets as required by Article 8, should obtain relevant information from the supplier or other reasonably possible sources, and should not use such chemicals before obtaining such information.

3． Employers should ensure that the chemicals used are classified in accordance with Article 6, or identified or evaluated in accordance with Article 9, paragraph 3, and labeled or marked in accordance with Article 7, and that necessary precautions are taken before use.

4． Employers should register hazardous chemicals used in the workplace by referring to appropriate chemical safety instructions. Such registers are accessible to all workers concerned and their representatives.

Article 11 Transfer of chemicals

Employers should ensure that when chemicals are transferred to other containers or equipment, their contents are declared in such a way that workers are aware of their characteristics, as well as the associated hazards and safety measures to be observed.

Article 12 Contact

Employers should:

(a) Ensure that workers’ exposure to chemicals does not exceed the exposure limits or other exposure standards established by the competent authority, or an agency approved or recognized by the competent authority, in accordance with national or international standards for the assessment and control of the working environment;

(b) Evaluate workers’ exposure to hazardous chemicals;

(c) Monitor and record worker exposure to hazardous chemicals when necessary to protect the safety and health of workers or as determined by the competent authority;

(d) Ensure that records of the monitoring of the working environment and exposure of workers using hazardous chemicals are retained for periods determined by the competent authority and are available to workers and their representatives.

Article 13 Operational Control

l. Employers should evaluate the risks caused by the use of chemicals in the workplace and protect workers from these risks through appropriate measures, including the following methods:

(a) Select chemicals that can eliminate or minimize the hazard;

(b)Select techniques that eliminate or minimize the hazard;

(C)Use appropriate engineering controls;

(d) Adopt work systems and practices that eliminate or minimize hazards;

(e) Take appropriate occupational hygiene measures;

(f) Where the above measures are insufficient, provide workers with personal protective equipment and clothing free of charge and properly maintain it, and take steps to ensure their use.

2. Employers should:

(a) Limit exposure to hazardous chemicals to protect worker safety and health;

(b) Provide first aid;

(c) Make arrangements to deal with emergency situations.

Article 14 Disposal

Hazardous chemicals that are no longer needed and empty containers that may have residual hazardous chemicals should be treated or disposed of in a certain manner in accordance with national laws and practices to eliminate or minimize their hazards to safety, health, and the environment.

Article 15 Materials and Training

Employers should:

(a) Inform workers of the hazards associated with chemicals used in the workplace;

(b) Instruct workers on how to obtain and use information provided on labels and chemical safety instructions;

(C) According to the chemical safety instructions and special information about the workplace, prepare working instructions for workers, if appropriate, in written form;

(d) Workers are regularly trained on the practices and levels to be followed in the safe use of chemicals in the workplace.

Article 16 Cooperation

In carrying out their responsibilities, employers should, wherever possible, work closely with workers and their representatives on the safe use of chemicals in the workplace.

Part Five: Workers’ Obligations

Article 17

1． Workers should cooperate as closely as possible with their employers in carrying out their responsibilities and adhere to all procedures and practices related to the safe use of chemicals in the workplace.

2. Workers should take all reasonable steps to eliminate or minimize risks to themselves and others from the use of chemicals in the workplace.

Part Six: Rights of Workers and Their Representatives

Article 18

1． Workers shall have the right to evacuate from hazards posed by the use of chemicals if they have reasonable grounds to believe that an imminent and serious danger to their safety or health exists and shall immediately report this to their supervisor.

2. Workers who evacuate from danger in accordance with the preceding paragraph or exercise any other rights provided for in this Convention shall be protected against undue treatment.

3． The workers concerned and their representatives shall be entitled to:

(a) Information on the characteristics of chemicals used in the workplace, the hazardous contents of such chemicals, preventive measures, education and training;

(b)Information contained in labels and logos;

(c) Chemical safety instructions;

(d) Any other information required to be preserved by this Convention.

4． Disclosure of special properties of the ingredients in a chemical mixture to competitors may be detrimental to the employer

Where damage is caused to the operation of the employer, when providing the information required by paragraph 3 above, the employer may keep such characteristics confidential in a manner approved by the competent authority in accordance with Article 1, paragraph 2(b).

Part Seven Responsibilities of the Exporting Country

Article 19

In the event that a Member State exporting chemicals bans hazardous chemicals in whole or in part for work safety and health reasons, the fact and reasons for such ban shall be notified by the exporting Member State to the country importing the chemicals.

Article 20

Formal ratification of this Convention shall be submitted to the Director-General of the International Labor Office for registration.

Article 21

1． This Convention shall be binding only on those Member States of the International Labor Organization whose ratifications have been registered with the Director-General.

2. This Convention shall enter into force twelve months from the date on which the instruments of ratification by two Member States have been registered by the Director-General.

3． Thereafter this Convention shall enter into force for any Member State twelve months from the date on which its instrument of ratification has been registered.

Article 22

1． Any Member State that has ratified this Convention may notify the Director-General of the International Labor Office of its termination ten years after the first date of entry into force of this Convention and request it to be registered. This notice of termination will not take effect until one year has passed since the date of registration.

2. Any Member State that ratifies this Convention and fails to exercise its right to terminate the Convention as provided for in this Article within one year after the expiration of the ten years mentioned in the preceding paragraph shall be bound to comply with it for another ten years.

Article 23

1． The Director-General of the International Labor Organization shall inform all Members of the Organization of the registration status of all instruments of ratification and notification of denunciation sent by the Member States of the Organization.

2. The Director-General, when notifying the Members of the Organization of the registration of the second instrument of ratification so delivered, shall draw the attention of the Members of the Organization to the date on which this Convention shall enter into force.

Article 24

The Director-General of International Labor shall submit to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations, details of all ratifications and notices of termination registered by him in accordance with the above provisions.

Article 25

When necessary, the Governing Body of the International Labor Office shall report to the Conference on the implementation of this Convention and shall examine whether the revision of all or part of this Convention should be included in the agenda of the Conference.

Article 26

1． If the General Assembly adopts a new convention to amend this Convention in whole or in part, unless otherwise provided in the new convention, then:

(a) If the new revising Convention has come into force, notwithstanding the provisions of Article 22 above, ratification by a Member State of the new revising Convention shall immediately constitute the denunciation of this Convention.

(b) This Convention shall cease to be subject to ratification by Member States from the date of entry into force of the new revised Convention.

2. This Convention shall in any event remain in force in its present form and content with respect to Member States that have ratified this Convention but not ratified the revising Convention.

Article 27

The English and French versions of this Convention are equally authentic.