Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its first report, including legislative texts. The Committee requests the Government to provide further information on the following points.

2. Article 3 of the Convention. Consultation with social partners. The Committee notes the information contained in the Government’s report that the social partners were consulted, by obtaining opinions and observations at the outset on the content of draft texts, during the preparation of various legislative texts covering the occupational safety and health (OSH) in construction subjects, in particular during the preparation of Legislative Decree No. 626/94 and Legislative Decree No. 494/96. However, the Government’s report does not indicate whether the consultation with social partners are based on formal and standardized arrangements, or on ad hoc arrangements. The Committee accordingly requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted.

3. Article 9. Designers’ obligations in the OSH sphere. The Committee notes the Government’s information contained in its report according to which articles 3 and 4 of Legislative Decree No. 494/96 establish respectively the responsibilities of the client or the person responsible for the works, the safety coordinator both at the planning stage of the work and at the construction site. However, the Government does not specify whether national laws, regulations and practice provide that for example architects, landscapers, etc., shall take into account the safety and health of construction workers when designing construction projects. The Committee accordingly requests the Government to provide further information whether designers of construction projects, such as architects and landscapers are required to take into account the safety and health of construction workers when designing construction projects.

4. Articles 15– 20, 22, 23 and 26. Protective and preventive measures. The Committee notes that the information in the Government’s report refers to provisions dealing with measures of general nature concerning lifting appliances and gear (Article 15), transport, earthmoving and material-handling equipment (Article 16), plant, machinery, equipment and hand tools (Article 17), work at heights, including roof work (Article 18), excavations, shafts, earthworks, underground works and tunnel (Article 19), cofferdams and caissons (Article 20), structural frames and formwork (Article 22), work over water (Article 23), and electricity (Article 26). Taking into account that such general measures cannot be considered sufficient to ensure the workers’ safety and health in the construction, the Committee requests the Government to indicate the specific measures and provisions giving effect to these Articles of the Convention.

5. Article 28, paragraph 4. Disposal of waste at the construction site in a safe and environmentally sound manner. The Committee notes that the Government’s report is silent on the measures to be taken with a view to preventing exposure to health risks in connection with the disposal of the waste on the construction site in a safe and environmentally sound manner. The Committee accordingly asks the Government to provide information on measures taken or envisaged given effect to this provision of the Convention.

6. Part IV of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from the reports of inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation, disaggregated by gender, if possible, and other measures, the number and nature of contraventions reported, etc.