Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its report, and particularly the following.

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure that the Convention is applied to work in mines and quarries and rail, road, sea and air transport undertakings which are excluded from the scope of the Labour Code by virtue of section L.231-1.

The Committee notes the information supplied by the Government in its report to the effect that some of these areas are subject to particular provisions. The Committee also notes Decree No. 92-711 of 22 July 1992, taken in application of and supplementing the General Regulations for Extraction Industries (RGIE) instituted by Decree No. 80-331 of 7 May 1980, revised, which contains provisions relating to the prevention of hazards due to noise in mines and quarries. The Committee also takes note that rail transport is regulated by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 2 which makes applicable to the national railway company (SNCF) the provisions of the Labour Code relating to ventilation and hygiene and by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 3 of 26 July 1999 which makes applicable to the SNCF the provisions of the Labour Code concerning protection of workers against noise.

With a view to ensuring application of the provisions of the Convention to all branches of activity, while taking note of the information supplied, the Committee requests the Government to indicate, in addition to the measures taken, any which have been adopted or are envisaged in regard to road, air and sea transport, with the exception of merchant shipping, and to attach a copy of all applicable texts.

Articles 4(1) and 8(3). In regard to air pollution, the Committee notes Decree No. 97-331 of 10 April 1997 concerning the protection of workers exposed to inhalation of crystalline silica dust at workplaces which sets a maximum level for this type of dust. It also notes that two draft decrees are currently before the Council of State for employees likely to be exposed to agents which are harmful to reproduction. It requests the Government to supply copies of these texts when they are adopted.

In addition, it requests the Government to indicate the measures taken or envisaged in order to ensure by laws or regulations the protection of workers against occupational hazards due to vibration, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibration transmitted both to the upper limbs and to other parts of the body.

Article 9. Further to its previous comments, the Committee notes the draft European directive published in 1993 by the Commission of the European Communities concerning minimum safety and health prescriptions relating to exposure of workers to hazards due to physical agents which is currently under study by the Council of the European Union and which covers vibration. The Committee notes that this text, once adopted, will permit the establishment, by incorporation, of national provisions regulating vibration inter alia. The Committee requests the Government to inform it of any development in this matter and to communicate copies of the texts it envisages adopting or measures it has taken to assess the conformity of these provisions with the Convention. It requests the Government once again to provide information on the technical measures applied for new plant or processors in their design or installation, or added to existing plant or processors to ensure that, as far as possible, the working environment is kept free from any hazard due to vibration.

Article 12. The Committee notes from the Government’s report that Directive 86/188/CEE of 12 May 1986 on the protection of workers against hazards due to noise, the text of which constitutes the source of French law, does not imply an obligation to notify the competent authorities of the use of processes, substances, machines - specified by the competent authority - entailing exposure of workers to hazards due to air pollution, noise or vibration at the workplace. The Committee, however, recalls that application of the provisions of Article 12 of the Convention entails the imposition of such an obligation to notify the competent authorities. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure application of the provisions of this Article.

The Committee notes that the Government has supplied no information on the various points raised previously and therefore reiterates its comments.

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.