Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

The Committee notes the brief report by the Government reiterating the reference to sections 10 and 107 of the Labour Code which provides the basis for further planned regulation of the issues covered by Convention No. 139 including the development of a list of occupational diseases and arrangements for the payment of damages for disabilities and health injuries. The Committee requests the Government to provide information in its next report on the progress achieved in this respect.

Article 5 of the Convention. Provision of medical examinations. The Committee notes that the Government’s report did not include a response to the comments submitted by various trade unions including the Central Council of National Unions of Afghanistan Employees (CCNUAE), which were transmitted to the Government on 1 June 2006. The Committee notes that in their comments the CCNUAE appears to allege that this Convention is not applied as the Government does not compensate workers for expenses caused by medical treatment of occupational accidents or diseases. With reference thereto, the Committee notes that while issues related to workers’ compensation for accidents and diseases are regulated in other Conventions, the present Convention in Article 5 requires the Government to “take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards”. The Committee requests the Government to respond to the comments raised by the CCNUAE in so far as they concern the application of Article 5 of the Convention.

Application in practice. The Committee notes the information that the Labour Inspection Department regularly checks issues relating to occupational safety and health conditions at workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.