Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 5–7 of the Convention. The Committee also notes with interest, the information regarding recently adopted legislation including the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Noise) Regulations 2006 and the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Vibration) Regulations 2005. The Committee notes that, although the Government previously has only accepted the application of the Convention as regards to air pollution, the recently adopted legislation paves the way for an extension of the coverage of the Convention to cover also noise and vibration. The Committee requests the Government to keep the Office informed of any developments in this respect.

Article 4 of the Convention. Codes of practice. The Committee notes the information that no codes of practice have been issued by the Occupational Health and Safety Authority. The Committee requests the Government to keep the Office informed of any new developments in this respect.

Article 8. Exposure limits. The Committee notes the Government’s indication that its current limit values laid down in local amendments have been transposed from relevant EU Directives. However, the Committee would still request the Government to provide information with its next report on the criteria established to determine the limits of exposure to air pollution in the working environment, as provided in Article 8.

Article 11(1). Medical examination. The Committee notes that, in response to its previous comment, the Government indicates that the enforcement of the General Provisions for Health and Safety at Workplaces Regulation (LN 36 of 2003) including section 16 which calls for pre-assignment medical examinations to be carried out, falls within the remit of the Occupational Health and Safety Authority. The Committee requests the Government to provide further information on the practical application of this Article including the nature and frequency of the periodical medical examinations.

The Committee notes that the Government’s report is silent on the Committee’s comments on the application of the articles below and urges the Government to provide further information in response thereto.

Article 1(2) and (3) of the Convention. Excluded branches. The Committee notes that under section 3 of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), activities carried out by members of the armed forces, the police force or by the civil protection services are excluded from the application of the Act. It notes that the occupational health and safety of these workers must be ensured as far as possible in the light of the overall scope of these services. The Committee requests the Government to supply information with its next report on the measures taken to ensure the occupational safety and health protection in respect to air pollution for these branches and to provide copies of relevant regulations.

Article 2. Air pollution, noise and vibration. The Committee notes with interest the adoption in April 2004 of Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks arising from exposure to Noise) Regulations, 2004 (Legal Notice 185 of 2004). It asks the Government to provide information with its next report to the extent to which effect has been given or is proposed to be given to the Convention in respect of the hazard of noise. It also asks the Government to provide information on whether measures have been taken or envisaged to issue special regulations applicable to air pollution and vibration, and whether the Government envisages adopting a legal definition of “air pollution”.

Article 9. Technical measures. The Committee requests the Government to provide information with its next report on the technical measures applied to new plant or processes in design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, as called for by Article 9 of the Convention.

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Article 11(3). Alternative employment. With respect to finding alternative employment or means of income maintenance through social security for a worker whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable, the Committee notes the Government’s statement that the Occupational Health and Safety Authority does not deal with conditions of employment. The Committee requests the Government to provide information with its next report on how it is ensured that workers whose continued assignment is medically inadvisable either gets alternative employment or income maintenance through social security.

Article 12. Notification to competent authority. The Committee notes the Government’s statement that the Occupational Safety and Health Authority is not notified of the intended use of toxic chemical or materials and that it does not comment on new plants or processes in the design or installation stages. It also notes that the only exceptions for notification is control of major hazards installations, work that may expose workers to high asbestos counts, the use of radioactive material and for certain construction sites (when work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or on which the volume of work is scheduled to exceed 500 person-days). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the competent authority is notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution, as called for by Article 12 of the Convention.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that under section 6(3) of Act No. 27 of 2000 and section 12 of the Legal Notice No. 36 of 2003 it is the duty of employers to provide information, instruction, training and supervision of workers, in accordance with the Convention. It requests the Government to provide detailed information with its next report on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

Article 14. Research. The Committee notes that section 9(2)(k) of Act No. 27 of 2000 states that the Occupational Safety and Health Authority shall promote and carry out scientific research aimed at identifying better methods of preventing occupational ill health, injury, or death. It asks the Government to provide information with its next report on any researched initiative carried out in relation to hazards in the working environment due to air pollution and their results.

Article 16 and Part IV of the report form. Penalties and labour inspection. The Committee notes that section 38 of Act No. 27 of 2000 and section 21 of Legal Notice No. 36 of 2003 ensures that any offence of the legislation may result in a fine or imprisonment. It asks the Government to provide information with its next report whether any fine or imprisonment has been imposed and the reasons for doing so.

The Committee notes that sections 15–20 of Act No. 27 of 2000 establish labour inspection services ensuring the application of the legislation and asks the Government to provide information with its next report information on the labour inspections that have been carried out, and if such statistics are available, information on the number of workers cover by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

[The Government is asked to reply in detail to the present comments in 2011.]