Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report. Taken into account the absence of information which was asked for in its previous comments the Committee again requests the Government to provide information on the following points.

I. Article 1, paragraph 1, of the Convention. The Committee had noted that section 83(10) of the Factories, Offices and Shops Act, 1970, had excluded from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee had noted the indication in the Government's first report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee has noted that the Factories Act only provides general measures for the application of the Convention. The Government had indicated in its first report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) were used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee has noted the indication in the Government's first report that there were no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee has noted that section 60 of the Factories Act provided that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government had indicated in its first report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee has noted the Government's statement in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee has noted that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee has noted the indication in the Government's first report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee has noted that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.