Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2, paragraph 1, of the Convention. The Committee notes that in its report the Government indicates that the Committee’s comments on the application of the Convention will be taken into account in the Regulations of the Act on Health, Occupational Safety and Welfare and in the Regulations on Medical Services in Enterprises which are in the process of being drafted. The Committee hopes that there will be specific provisions in the above legislation on the medical examination of young person employed underground. The Committee draws the Government’s attention to the need to make this medical examination mandatory and to ensure that it certifies not only the young person’s state of health, but also his fitness for carrying out such work. Furthermore, for many years the Committee has been pointing out that, in view of the health hazards of underground work in mines, such examinations should, in accordance with the Convention, be conducted at intervals of not more than one year up to the age of 21 years.

2. Article 4, paragraph 4. In its previous comments the Committee has drawn the Government’s attention to the need to require the employer to include in the records he must keep for persons employed or who work in the underground part of the mine, and who are under 21 years of age: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; (c) a certificate which attests fitness for employment, but does not contain medical data.

The Committee noted with interest the Government’s indication that the Ministry of Labour was preparing a form to be used by enterprises in the public and private sector for keeping the compulsory records of their employees under 21 years of age, indicating the nature of their occupations, wages, training, medical examinations, level of education and other particulars. The Committee hopes that the information to be recorded includes the date of birth, duly certified where possible, and a certificate attesting to fitness for employment. It asks the Government to provide a model form as soon as it has been approved and the text of the provisions requiring employers to keep such records.

3. Article 4, paragraphs 1 and 2. The Committee asks the Government in its next report to supply information on the practical activities undertaken to ensure the effective application of the Convention and the corresponding legislation, stating in particular the number of inspection visits carried out by the various competent services, any infringements reported and the penalties imposed.