Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

I. The Committee notes with interest the information provided in the Government's latest report concerning Articles 14 and 16 of the Convention.

II. Article 4. In its previous comments, the Committee noted the provisions of the Labour Code which set a general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its latest report, the Government has indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they are adopted. The Committee hopes that specific measures with respect to air pollution, noise and vibration will be adopted in the near future and that they will also ensure the full application of the Convention, in particular, Articles 5, 6, 7, 9, 10, 13 and 15, and that these measures will take into account the following points:

1. Article 8. The Committee notes from the Government's report that the limit with respect to noise of 85 decibels was set after taking into consideration the opinion of experts from the National Occupational Safety and Health Centre. The Committee would recall that this Article of the Convention also calls for criteria to be established for determining the hazards of exposure to air pollution and vibration.

2. Article 11, paragraphs 2, 3 and 4. The Committee notes the statement in the Government's report that periodical medical examination are provided free of cost. The Government is requested to indicate the measuress taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of cost to the worker concerned. The Committee further notes the indication in the Government's report that workers with occupational diseases have the right to an indemnity. The Committee would recall that paragraph 3 of Article 11 provides that every effort should be made to provide workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration (and not only workers who have occupational diseases) with suitable alternative employment or income maintenance through social security measures or otherwise.

3. Article 12. The Committee notes the indication in the Government's report that coordination and collaboration are organized between the Minister of Labour and Social Affairs and the National Occupational Safety and Health Centre in order to exercise periodic control over the establishments concerned. The Committee would recall that this Article of the Convention calls for measures to be taken to ensure that the use of certain processes, substances, machinery and equipment to be determined are notified to the competent authority so that the authority may then authorize the use on prescribed conditions or prohibit it.