Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Safety and Health Convention, 1981 (No. 155) - Luxembourg (Ratification: 2001)

Other comments on C155

Observation

2011

Direct Request

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Articles 4 and 7 of the Convention. Periodic review of the national policy and situation regarding occupational safety and health. The Committee notes that the Government’s report in essence reproduces the information contained in its previous report and does not provide any further information in response to the Committee’s previous request regarding the procedure for the periodic review of the national policy and the outcome of this review. The Committee also notes that the Minister of Health and Social Security commissioned an audit on occupational health in Luxembourg. The audit report, which was published in September 2012 and is available on the Ministry’s website, indicates several improvements that could be made to the occupational health system. These improvements include the establishment of objectives and indicators related to the preventive and supervisory functions of health services and the reactivation of formal coordination and collaboration structures between the various occupational health services, with the participation of the social partners. The Committee once again requests the Government to provide information on the manner in which the national occupational health and safety policy is periodically reviewed, in consultation with the social partners, and on the outcome of this review. It also requests the Government to indicate any follow-up action to the audit’s conclusions on the points mentioned above.

Articles 11(a)–(f) and 15. Obligation of the authorities to ensure that certain functions are progressively carried out to give effect to the national policy. Coordination between the various authorities. In reply to the Committee’s previous request, the Government indicates that the authorities responsible for the enforcement of the laws and requirements concerning safety, health and the workplace (namely labour and mines inspectorates, the Health Directorate of the Ministry of Health, the accident insurance association, the customs and excise) ensure that the functions enumerated in Article 11(a) to (f) of the Convention are carried out in their respective fields. The Committee also notes that, under section L.314-3 of the Labour Code, these institutions are required to coordinate their policies and activities through a coordinating committee for employee occupational safety and health that is to be established by grand ducal regulation. The Committee requests the Government to provide information on the manner in which it ensures the coordination of the measures taken by the public institutions mentioned above with a view to giving effect to the national occupational health and safety policy and, in particular, on the establishment of the coordinating committee provided for in the Labour Code or of any other central body for cooperation.