General obligations, responsibilities and duties

• Pages: 3-11

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2. General obligations, responsibilities and duties

2.1. Role and obligations of the competent authority

2.1.1. The competent authority should formulate and state a coherent policy on

safety in the use of chemicals at work, taking into account national conditions and

practice 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