Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received.

The Committee notes the comments of the French Democratic Labour Confederation (CFDT), transmitted by the Government in August 1996, which state that the building and public works sector is the most dangerous, and that the number of work accidents in this sector is being reduced more slowly than in other sectors. The CFDT also states that, in enterprises where it is represented, it is not aware of any visits by labour inspectors requesting enterprises to comply with the provisions of the Convention. The Committee draws attention to the article in the press of the National Federation of Salaried Workers in Construction and Wood (FNCB/CFDT), annexed to the comments of the CFDT, stating that the statistics of the National Sickness Insurance Fund (CNAM) for 1992 recorded 162,000 accidents in the building sector which required a stoppage of work, more than 16,000 accidents which resulted in a disability recognized by the Social Security Office, and 299 deaths caused by work accidents. It also draws attention to the fact that, while there are no statistics concerning temporary workers (about 80,000 workers in this sector), studies confirm that the risk of accidents for these persons is twice as high as for other categories of salaried workers in this industry.

Among the causes of this situation (which costs 7 billion francs in benefits paid by the Social Security Office), the FNCB/CFDT estimates that the amount of contributions, notably for small enterprises which represent 66 per cent of workers in the sector, does not provide a sufficient incentive. Now, according to the FNCB/CFDT, the studies of the CNAM have concluded that, when the level of contribution creates incentives, the enterprise considers the cost of failing to take safety measures. Therefore, the regulations are only partially applied and should be reviewed taking into account risks and prevention, which are now not significant obligations.

In the absence of a reply from the Government to these comments, the Committee requests it to indicate the measures taken to ensure that the pertinent legislation shall be brought to the attention of all persons concerned, as from the first day of work, and in respect of all categories of workers, including temporary workers (Article 3(a) of the Convention). Regarding the information provided by the FNCB/CFDT concerning the enlargement since 1992 of the labour inspectors' powers, the Committee asks the Government to supply detailed information on the manner in which inspections are ensured in all building sites (Article 4). It also asks the Government to supply extracts of inspection reports and statistics concerning the building industry (the number of workers covered by the legislation; the number and nature of violations discovered; the number, nature, and cause of accidents recorded) in order to facilitate evaluation of the application of the Convention in practice (point V of the report form).