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

The Committee notes the Government’s latest report and welcomes the adoption of a new Law on Safety and Health at Work (No. 10237) on 18 February 2010 and the attached copy of the Document of Strategic Policies on Occupational Safety and Health 2009–13 adopted on 6 May 2009. The Committee asks the Government to continue to provide information on the legislative measures taken concerning the Convention.

Articles 4 and 7 of the Convention. National policy and reviews at appropriate intervals. The Committee notes with interest the Document of Strategic Policies on Occupational Safety and Health 2009–13, which states that improving occupational safety and health (OSH) can be ensured by implementing preventative measures and specific programmes and measures which can improve working conditions and eliminate risks and factors determining the incidence of occupational accidents and diseases or other occupational health damage. The Committee also notes that a number of the strategic objectives and priorities of this Document give further effect to the provisions of the Convention. The Committee asks the Government to continue to provide information on the formulation, implementation and periodical review of the national policy on occupational safety, occupational health and the working environment; and in particular on the review, at appropriate intervals, of the situation regarding OSH, in accordance with Article 7. The Committee also asks the Government to provide information on the progress of the strategic objectives and priorities of the Document of Strategic Policies on Occupational Safety and Health 2009‑13, with particular reference to measures taken which give further effect to the provisions of the Convention.

Articles 5(e) and 13. The Committee notes the information that sections 7(1) and 7(2)(a) of the Law on Safety and Health at Work requires the employer to designate one or more workers to carry out activities related to the protection of safety and health and prevention of occupational risks for the enterprise/institution, and that designated workers may not be placed at any disadvantage because of their activity related to the protection and prevention of occupational risks. The Committee further notes that the Government has not provided information on the application of Article 13. The Committee asks the Government to provide further information on the measures taken or envisaged to ensure full application of Article 5(e) to workers; and to indicate the measures taken or envisaged to apply the provisions of Article 13.

Article 11(c), (d) and (f). The Committee notes the information indicating that, under sections 24 and 25 of the Law on Safety and Health at Work, any accident resulting in death or physical injuries to the person, which occurred at work or whilst in an occupational activity, as well as any occurrence of an occupational disease, shall be communicated immediately to the employer by the person in charge of OSH in the workplace or by any other person who has knowledge of it and the employer shall immediately notify such an accident to the relevant authorities. The Committee notes that the Document of Strategic Policies states that the sources of information for the collection of statistics on occupational diseases are very limited and that there is a real absence of activity concerning the exchange of statistical information between various institutions with regard to accidents at work and occupational diseases. The Document of Strategic Policies also states that one of the areas of focus, namely implementation of new tools for effective OSH prevention, requires action through the creation of a system of independent investigation of accidents at work through labour inspection, as well as the creation of a system for substantive identification of occupational diseases. The Committee asks the Government to provide further information on the production of annual statistics on occupational accidents and diseases, as required under Article 11(c); to provide further information on the progress with regards to the investigation of accidents at work and the identification of occupational diseases, as indicated in the Document of Strategic Policies (Article 11(d)); and to indicate the measures taken or envisaged to ensure the functions under Article 11(f) are progressively carried out.

Article 12. Obligations on those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government has not provided information on the application, in law and in practice, of this Article of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged, in law and in practice, to give effect to the requirements under Article 12.

Part V of the report form. Application of the Convention in practice. The Committee notes with interest the detailed information provided by the Government in the Document of Strategic Policies indicating that, according to the research carried out by the State Labour Inspectorate (SLI) over a period of several years, the sectors with particular problems, including a high number of work accidents and occupational diseases, include the construction industry; mining, ore excavating companies; brick and cement factories; shoe manufacturers; crude oil excavating and processing companies; and power generation and distribution companies. The Committee notes that, according to data gathered by the SLI during 2006, 146 employees were subject to accidents at work in various sectors, of which 33.5 per cent occurred in production companies, 16.4 per cent in mines, and 14.4 per cent in the construction industry; and that, during 2007, the number of accidents at work was 118, 29.6 per cent of which were in production companies, 10.2 per cent in mines, and 17.8 per cent as a result of road accidents. The Committee notes that the Document of Strategic Policies aims to reduce the number of work accidents and occupational diseases by 15 per cent between 2009–13 (with an emphasis on the lowering of the number of fatalities); and to develop and adopt specific OSH rules for high-risk sectors, including construction, transport, chemicals and agriculture. The Committee also welcomes the intention to extend the control area of the SLI to the agricultural sector. The Committee asks the Government to provide further information on the outcomes of the proposed measures in the Document of Strategic Policies; and to continue to provide information on the application of the Convention in practice.

The Committee notes that the Government has not provided information on the application, in law and in practice, of the Protocol of 2002. The Committee asks the Government to provide information on the measures, in law and in practice, which give effect to the provisions of the Protocol.