Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 120 (hygiene-commerce and offices) and 148 (working environment (air pollution, noise, and vibration)) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that the new Labour Code adopted in 2016 repeals the 2009 Occupational Safety and Health (OSH) Act, and includes many provisions of the latter. The Committee notes that while the OSH Law of 2009 applied to all workers who are in an employment relationship with employers, students in vocational training and military personnel (section 3 of the repealed Law), the Labour Code of 2016 applies only to workers defined as individuals maintaining labour relations with employers on the basis of a signed employment contract. Recalling that no categories of workers were excluded from the scope of application of the Convention (in accordance with Articles 1(2) and 2(2)), the Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all workers.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on OSH and the working environment. Consultation with the representative organizations of employers and workers concerned. The Committee notes that contrary to the repealed OSH Act, the 2016 Labour Code does not specifically enumerate the basic principles to be covered by the national policy on OSH. However, the Committee notes that the Labour Code makes reference to such a policy, provides for the development and the enforcement of legislative and regulatory safety requirements, and refers to promotional actions on occupational safety (sections 327, 329 and 331). The Committee welcomes the development, with ILO assistance, of a National OSH Profile, which was presented at a round table in 2017, and it notes that the Government intends to develop a national OSH programme with ILO assistance. The Committee notes that section 328 of the Labour Code provides for cooperation of government agencies and local executive authorities with employers and workers and their associations and other authorized representatives of workers in the implementation of the national OSH policy. However, the Committee notes that the Government has not provided the requested information on the consultation of the social partners in relation to the national policy on OSH. The Committee requests the Government to provide information on any developments concerning a national programme, and provide a copy thereof, once adopted. The Committee requests the Government to provide detailed information on the consultation with the most representative organizations of employers and workers with regard to the measures taken to formulate, implement and review a national policy on OSH (including where applicable, information on any institutionalized mechanisms for the consultation of the social partners in the process of legislative review in the area of OSH (including in the recent review of the Labour Code)).

Article 5(b). Adaptation of working conditions to workers. Following its previous comment, the Committee notes that section 348 of the Labour Code requires employers to take preventive measures to ensure safe conditions of facilities, equipment and technological processes, and provide for a system of rest periods for workers. The Committee also notes the requirements of employers to undertake workplace appraisals, as provided for in section 348 of the Labour Code and by Government Decision No. 429 of 2014. The Committee takes note of this information.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes that the Government has not provided a response to its request on how effect is given to this Article of the Convention. However, the Committee notes that section 344 of the 2016 Labour Code provides for the protection of trade unions and other worker representatives with regard to their actions taken in relation to OSH. The Committee requests the Government to take the necessary measures to ensure that individual workers without particular OSH responsibilities are protected from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 10. Guidance to employers and workers to help them comply with their legal obligations. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services provide guidance to employers and workers on measures to achieve a safe and healthy work environment, including on the violations detected during inspections, the legal provisions concerned and methods to achieve compliance. The Committee also notes the Government’s reference to awareness-raising measures on labour legislation through mass media and modern information technology. The Committee takes note of this information.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that similar to section 23 of the (now repealed) OSH Act, section 352 of the Labour Code prohibits the exposure of workers to hazardous substances, materials, products and goods, as well as the introduction of technologies at workplaces without prior examination and approval by the competent state bodies. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information about the protection of workers from health hazards due to the simultaneous exposure to several substances or agents.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the statistical information provided by the Government in its report concerning the number of occupational accidents, the number of persons charged with violations under the relevant legislation, the amount of compensation paid, as well as observed trends in the number of accidents between 2015 and the first quarter of 2016. The Committee also notes the analysis of the main industrial activities in which accidents happened and the causes of accidents. Taking note of this information, the Committee requests the Government to indicate the measures taken or envisaged to provide for the annual publication of information on measures taken in pursuance of the national OSH policy, and on occupational accidents, occupational diseases and other injuries to health.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the Ministry of Industry and New Technology assesses compliance with laws and regulations on chemical and radiation safety and with laws and regulations concerning the implementation of health, safety and environment management systems at workplaces. The Committee requests the Government to provide information on whether it is intended to extend the system to examine chemical and physical agents to the examination of biological agents in respect of the risk to the health of workers.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirement in section 352(6) of the Labour Code to obtain certificates of conformity with OSH standards concerning machinery, equipment and substances. The Committee requests the Government to specify whether section 352(6) of the Labour Code applies to persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the measures taken to ensure that the persons referred to in Article 12 provide relevant information and instructions on how hazards are avoided, and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations under Article 12(a) and (b).

Articles 13 and 19(f). Protection of workers who removed themselves from situations that they believe to present imminent and serious danger. The Committee notes that pursuant to section 335(4) of the Labour Code, workers may stop working, where they are not provided with the personal protective equipment to protect them from a danger to their life or health, and are entitled to continue to be paid wages. Moreover, pursuant to section 337 of the Labour Code, workers have the right to remove themselves if they believe that they are exposed to a danger threatening their life or health, on the condition that they cannot eliminate the danger through any means at their disposal.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the 2016 Labour Code does not regulate the collaboration of two or more employers at one workplace. The Committee therefore once again requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes the Government’s indication, in reply to its previous request, that the Act on Industrial Safety at Hazardous Production Facilities (Act No. 2 of 12 February 2004) provides for requirements to ensure the safe operation of hazardous production facilities, aimed at preventing disasters and accidents at hazardous production facilities and ensuring that companies using hazardous production facilities are prepared to contain and address the effects of such disasters. Moreover, the Committee notes that section 340 of the Labour Code provides that employers are required to organize primary health-care services to attend to accidents or diseases at the workplace, and arrange for appropriate healthcare services. The Committee requests the Government to provide information on any measures taken or envisaged to require employers, besides hazardous production facilities, to provide measures to deal with emergencies.

Article 19(e). Inquiries by the workers or their representatives and involvement of technical advisers. The Committee previously requested the Government to indicate if workers or their representatives are entitled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement. In this respect, the Committee notes that section 345 of the Labour Code provides that workers have the right to apply to authorized public entities on labour and social protection or their local offices to inspect labour conditions and protection on workplace; and to participate personally or through their representative in inspection and investigation of the issues related to improvement of labour conditions and protection. The Committee also notes that pursuant to section 357 of the Labour Code, trade union inspectors may participate as independent experts in commissions concerning production facilities and tools. The Committee takes note of this information.

Article 20. Cooperation at the level of the undertaking. The Committee notes that section 356 of the Labour Code, just as the repealed OSH Act, foresees the possibility to establish labour protection (OSH) committees in undertakings, which are composed of an equal number of representatives of employers and trade unions (or other representative bodies authorized by workers). The Committee requests the Government to provide more detailed information on the implementation of section 356 of the Labour Code in practice.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 6, 7, 10 and 11. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation concerning the guarding of machinery. Use by workers of machinery without guards. The Committee notes that section 352(6) of the Labour Code provides that machinery must meet the established protective requirements and require a certificate of compliance. Moreover, the Committee notes that section 138 of the Labour Code requires employers to ensure the proper operation of machinery, equipment and other facilities. The Committee also notes the Government’s reference to technical standard 12.2.062-81, which provides for preventive measures to protect workers from moving parts of machinery. In this context, the Committee notes that according to the information provided by the Government in its report under Convention No. 155, 28 per cent of all occupational accidents in 2015 were a result of the use of defective machinery, devices or equipment or the failure by workers to use individual safety gear. Referring to its request made under Article 12 of Convention No. 155, the Committee requests the Government to specify whether section 352(6) of the Labour Code provides for obligations of persons who sell, hire or transfer machinery for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). The Committee requests the Government to provide information on how it is ensured that employers comply with their obligations to ensure the safe conditions of machinery, devices and equipment, so as to protect the safety and health of workers. Moreover, taking into account the statistics provided, the Committee requests the Government to provide up-to-date and detailed statistics on the accidents relating to the use of machinery, indicating the number, nature and cause of accidents.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. Measures to be taken for the prevention and control of occupational hazards. Provisions for the practical implementation of these measures. The Committee notes that section 138 of the Labour Code provides that employers are required to provide for a safe and healthy working environment, including the elimination of hazards from noise, radiation, vibration and other factors negatively affecting human health. Moreover, section 348 provides that employers have to conduct workplace appraisals at least every five years and publish instructions on how to prevent relevant risks. The Committee also notes the Government’s reference to the “Rules on conducting workplace appraisals of working conditions” approved by Decision No. 429 of 3 July 2014. The Committee requests the Government to provide more detailed information on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration.

Article 6(2). Collaboration between two or more employers. The Committee refers to its comment under Article 17 of Convention No. 155 above.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes an absence of information in response to the Committee’s previous request. The Committee therefore once again requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 352 of the Labour Code, just as section 23 of the repealed OSH Act, provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee further notes that section 138 of the Labour Code requires employers to provide for safe and suitable labour conditions, including the elimination of the consequences of hazardous noise, radiation, vibration and other factors negatively affecting human health. The Committee takes note of this information.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee refers to its comment under Article 11(b) of Convention No. 155 above, on the requirement of certification by the competent state bodies concerning the exposure of workers to potentially hazardous substances, materials, products and technologies. The Committee requests the Government to specify whether the obligation to obtain certification involves a requirement to notify all working means involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that section 19 of the Labour Code provides that employers are obliged to inform workers about hazardous working conditions, and that section 352 provides that employers are required to publish instructions on how to prevent risks as detected from workplace assessments. The Committee requests the Government to specify whether such risk assessments cover occupational hazards due to air pollution, noise and vibration.

Article 15. Competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. Noting that the Government has not provided a reply in this regard, the Committee once again requests the Government to provide information on the requirements for employers to appoint a competent person, or use a competent outside service or service common to several undertakings to deal with relevant risks.

C. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 7, 11 and 14 of the Convention. Maintenance and cleanliness of premises and equipment. Arrangement of workplaces and layout of workstations. Sufficient and suitable seats. The Committee requests the Government to indicate whether there are any legal requirements for employers concerning the maintenance and cleanliness of premises and equipment (Article 7), the arrangement of workplaces and the layout of workstations (Article 11), as well as with regard to sufficient and suitable seats (Article 14).