Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has taken note of the last report of the Government.

Articles 3, paragraph 2, and 4, paragraphs 4 and 5, of the Convention. In its comments since 1983, the Committee has suggested to the Government that it extend the application of Order No. 902 of 20 May 1960 to all work involving employment of young persons underground, both in mines and in quarries. It had noted that this Order concerning only work likely to cause silicosis, contained provisions regarding the need to include an X-ray film of the lungs on the occasion of the initial medical examination and, if necessary, on the occasion of subsequent re-examinations; and the need for the employer to keep, and make available to inspectors and workers' representatives, a record and/or specific information concerning, in particular, a certificate attesting fitness for employment.

In reply to these comments, the Government referred to, among others, Order No. 895 of 20 May 1960 and to Resolution No. 58-60/AR of 8 May 1958 which provide that the medical examination of the worker must include a cardio-pulmonary X-ray examination. The Committee can only recall that national legislation provides for an X-ray examination of workers, while the Convention requires that an X-ray film of the lungs be carried out in the context of the initial medical examination, which has the double advantage of being a means of proof and of being less harmful to the worker than the cardio-pulmonary X-ray examination.

The Committee once against expresses the hope that the Government will re-examine the state of the national legislation in the light of the above and that the next report will contain information on measures taken to ensure the full application of the Convention.