Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report received in March 1994.

It asks the Government to provide additional information on the following points.

Article 1, paragraph 1, of the Convention. In its previous comments the Committee noted the exclusion from the scope of the provisions of the Labour Code of mines and quarries and rail, road, sea and air transport (section L.231-1 of the Code); it again asks the Government to indicate the measures taken to ensure that the Convention is applied to the above branches of activity, with the exception of merchant shipping, and to provide a copy of the texts that apply.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall 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 detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment - specified by the competent authority - which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.

Vibration

Articles 4 and 8, paragraphs 1 and 3. The Committee notes with interest the information supplied by the Government in its report concerning the criteria for determining the risks of exposure to vibrations transmitted to the upper limbs and the limits of exposure fixed in this connection by the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (CNRS) in standard no. AFNOR NF E90-402 of October 1986, whose application is optional. It asks the Government to indicate the measures taken or envisaged in order to establish in laws or regulations the protection of workers against occupational hazards due to vibrations, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibrations transmitted both to the upper limbs and to other parts of the body.

Article 9. With reference to its previous comments the Committee once again asks the Government to provide information on the technical measures prescribed for new plant or processes in design or installation, or added to existing plant or processes to ensure that, as far as possible, the working environment is kept free from any hazard due to vibrations.