General obligations, responsibilities and duties

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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

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