Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Communication from the Union of Public and Private Enterprise Workers (SITEPP). The Committee refers to the communication of October 2006 from SITEPP and notes the Government’s comments on it. It notes that SITEPP’s comments appear to be more relevant to the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), than with the present Convention, and will accordingly pursue its examination of this matter in its comments on the application of Convention No. 148 unless SITEPP provides specific information regarding this Convention.

Article 1 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. For several years the Committee has been drawing the Government’s attention to comments made by the Association of Customs Officials (ASEPA) observing that under Executive Decree No. 23116-MP, customs employees may, given the nature of their duties, be transferred to different parts of the country, indefinitely in some cases, and that in some instances they may be exposed to heat, cold, dust, damp, noise, toxic gases and cramped and uncomfortable conditions. They may also be exposed to eye strain, knocks, burns and other risks. The Committee observed that since Article 1 specifies that the Convention applies to trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work, the abovementioned Decree needs to be amended in order for full effect to be given to the Convention. The Committee notes that the Government attaches a reply (document D.M.H.S.O. No. 222-08 of 1 August 2008) from the Occupational Health Council which refers to sections 294 (unhealthy and hazardous work) and 300 (occupational health offices) of the Occupational Hazards Act No. 6727 of 24 March 1982, regulated by Executive Decree No. 27434 of 1998. D.M.H.S.O. No. 222-08 indicates that the provisions in question were updated and those of section 300 were sent for publication in July 2007, while for section 294, draft regulations were drawn up on a tripartite basis and were sent – on 25 July 2008 – by the Occupational Health Council to the Ministry of Labour for publication. The Committee notes that D.M.H.S.O. No. 222-08 concludes with the statement that, as the information provided shows, the situation raised by ASEPA has been resolved. The Committee hopes that the situation has been resolved, though it observes that the Government has provided no information on the content of the updated versions of sections 294 and 300 and does not indicate whether they have been published or how they affect Executive Decree No. 23116-MP. The Committee needs this information in order to assess more clearly whether the matter has been settled. The Committee requests the Government to send this information with its next report.

Article 17. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. In its previous comments the Committee requested the Government to take the necessary steps to abolish the relevant provisions of Executive Decree No. 23116-MP to bring it into conformity with this Article of the Convention, and to provide information on the steps taken to improve the working conditions pertaining to the health of customs employees. The Committee renews its request to the Government for this information.

Part IV of the report form. Application in practice. The Committee notes the information sent by the Government to the effect that the National Directorate of Labour Inspection lacks the human and material resources it needs to compile specific statistics of all existing aspects of labour and to classify all infringements that occur in workplaces. The Committee requests the Government to provide further information showing how the Convention is applied in practice, such as reports of the Occupational Health Council pertaining to commerce and offices so that the Committee can ascertain more fully how the Convention is applied in practice.

[The Government is asked to report in detail in 2010.]