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The Committee notes with interest the information provided by the Government in its latest report detailing progress made in the application of the Convention in the United Kingdom and Northern Ireland, including information concerning the adoption of regulations further controlling noise and vibration at the workplace; the consolidation of regulations controlling the use of asbestos; a number of practical guidance materials assisting in the practical application of the Convention; and funded research programmes focusing, inter alia, on respiratory diseases, skin disease and cancer.
1. The Committee notes the information contained in the Government's report in reply to its previous comments concerning the application of Article 11, paragraph 1, of the Convention. The Government indicates that there are no measures envisaged by the Government to ensure pre-assignment medical examinations for workers significantly exposed to substances listed in Schedule 6 (formerly Schedule 5) of the Control of Substances Hazardous to Health Regulations 1999 (COSHH). It adds that where employees are exposed to substances listed in column 1 of Schedule 6 and engaged in a process specified in column 2 of Schedule 6, those employees are automatically and immediately subject to health surveillance, to include medical surveillance, under the supervision of an Employment Medical Adviser (EMA) or appointed doctor. The frequency and nature of the surveillance is directed by the EMA or doctor but it must not exceed 12 months. If an EMA or appointed doctor certifies that such an employee should not be engaged in work which exposes him or her to that substance, or that he or she only be so engaged under specified conditions, the employer must comply. The Committee once again recalls that the medical supervision called for under this Article of the Convention includes pre-assignment medical examination, as determined by the competent authority. The Committee recalls that the pre-assignment medical examination would be the appropriate way for the EMA or appointed doctor to determine and certify whether an employee should not be engaged in work which exposes him or her to that substance, or that he or she should only be engaged under specified conditions. The Committee would once again point out that a pre-assignment medical examination would avoid the situation whereby an employee may take up such an assignment only to be certified medically unemployable after the periodic medical surveillance, even if the frequency and nature of such surveillance is directed by the EMA or doctor and that it must not exceed 12 months. The Government is requested to provide indications on the measures envisaged in this regard.
2. Further to its previous comments regarding the situation of noise and the ratification of the Convention in that respect, the Committee notes with interest from the Government's report that the situation continues to be under review, and that the Health and Safety Executive (HSE) is taking forward a review of the relevant unratified ILO Conventions and the ratification of this Convention in respect of noise will be considered in the HSE's prioritized rolling programme for 1998-2001. The Government is requested to continue to keep the Office informed of any progress made in this regard in conformity with Article 2, paragraph 2, of the Convention.
3. Further to its previous comments concerning the situation of vibration and the ratification of the Convention in that respect, the Committee notes with interest that in 1994 the HSE published guidance on hand-arm vibration for managers, technical staff and occupational health professionals which describes the hazard and effects, and gives advice on control programmes, vibration reduction, measurement and health surveillance. This has been supplemented by a book of case studies of methods of reducing vibration, by a range of simple leaflets and by concentrating in 1998/99 on hand-arm vibration in a major awareness campaign on the management of health risks. The HSE also issued simple guidance in 1996 on the risks of whole-body vibration and what employers can do to protect their workers. The Committee also notes with interest the information that the Government continues to keep its position towards the Convention under review with regard to ratification in respect of vibration and that such ratification will be considered in the HSE's prioritized rolling programme for 1998-2001. The Committee requests the Government to continue to keep the Office informed in this respect in conformity with Article 2, paragraph 2, of the Convention.
1. In its previous comments concerning the application of Article 11, paragraph 1, of the Convention, the Committee noted that regulation 11 of the Control of Substances Hazardous to Health Regulations, 1988, provided for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee recalled, however, that this Article of the Convention also called for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the reiteration in the Government's latest report that the regulations specific to work with asbestos, lead and chemicals require pre-assignment medical examinations. It once again requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the other substances listed in Schedule 5 of the Regulations so as to ensure that, in cases where it might not be medically advisable for a worker to be engaged in work involving exposure to certain hazardous substances (regulation 11(6)), the worker will not be placed in a situation where he or she will have to take up such an assignment until the periodic examination is held as much as one year later (regulation 11(5)).
2. The Committee notes with interest from the Government's report the adoption of the Noise at Work Regulations (Northern Ireland), 1990, implementing the EC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC). In its previous comments, the Committee had noted the Government's indication in its report for the period ending 30 June 1989 that it hoped that the implementation of this legislation, which came into force in Great Britain on 1 January 1990, would enable it to ratify the Convention in respect of noise. In its latest report, the Government has indicated that it continues to keep its position towards the Convention under review with regard to ratification in respect of noise. The Committee looks forward to learning of further developments in this regard.
3. With reference to its previous comments concerning vibration, the Committee notes the indication in the Government's latest report that the Health and Safety Executive intends to publish advisory guidance on hand/arm vibration for managers, technical staff and health professionals, accompanied by leaflets for employers and employees. This information would explain the hazards involved, the measures for minimizing risk, the clinical effects of the disease and measures for monitoring worker exposure. In its report, the Government expressed its hope that the industry would use the non-statutory guidance as a framework to develop more specific advice. The Committee looks forward to learning of further progress along these lines giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2, of the Convention.
With reference to its previous comments, the Committee notes with satisfaction from the Government's report the adoption and entry into force on 11 April 1991 of the Control of Substances Hazardous to Health Regulations (Northern Ireland), 1990, which introduce a comprehensive and systematic approach to the control of hazardous substances at work and, inter alia, set forth maximum exposure limits and provide for health surveillance, including periodic medical and biological monitoring in prescribed circumstances and the monitoring of exposure to substances hazardous to health by persons having the necessary information, instruction and training. Thus, these regulations provide better legislative backing in Northern Ireland for the implementation of Articles 8 and 15 of the Convention in respect of air pollution.
The Committee is raising other points in a request addressed directly to the Government.
1. In its previous comments concerning the application of Article 11, paragraph 1 of the Convention, the Committee had noted that, according to comments made by the Trades Union Congress in 1985, medical supervision of workers was not adequately carried out in the United Kingdom and that the existing legislation only affected a small minority of the national workers. The Committee had further noted that, while regulations existed for medical supervision as concerns air pollution in some industries, no generally applicable procedures existed to cover all workplaces which might give rise to occupational hazards due to air pollution. The TUC had indicated that the then draft Regulations concerning the control of substances hazardous to health apparently contained the provisions necessary for the effective application of Article 11. With reference to its observation of this year, the Committee has noted the adoption of these regulations. It notes with interest that regulation 11 provides for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee would note, however, that this Article of the Convention also calls for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the indication in the Government's report concerning regulations specific to work with asbestos, lead and chemicals which require pre-assignment medical examinations. It requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the substances listed in Schedule 5 of the Regulations so as to ensure that when it is not medically advisable for a worker to be engaged in work involving certain exposure to hazardous substances, in accordance with regulation 11(6), the worker will not be obliged to take up such an assignment until the periodic examination is held as much as one year later, in accordance with regulation 11(5).
2. The Committee notes with interest the Government's indication in its report that the legislation necessary to meet the requirements of the EEC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC) came into force in Great Britain on 1 January 1990 and that it is hoped that the implementation of this legislation will make it possible to ratify the Convention in respect of noise. The Committee looks forward to learning of further developments in this regard and requests the Government to continue to supply information on any measures taken to implement the EEC Directive in Northern Ireland, in accordance with Article 2, paragraph 2 of the Convention.
3. With reference to its previous comments concerning vibration, the Committee notes that the Government, while maintaining its position that its knowledge of the risks related to vibration and the precautions needed are insufficient to warrant the legislation required to satisfy the requirements of the Convention, has adopted the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations, 1988, the Agriculture (Field Machinery) Regulations (Northern Ireland), 1985 and, following the adoption of the British Standards 6842:1987 on assessment of vibration exposure, is developing guidance on how risks from hand/arm vibration should be controlled. The Committee looks forward to learning of further progress along these lines in giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2 of the Convention.
With reference to its previous comments, the Committee notes with satisfaction from the Government's report the adoption and entry into force on 1 October 1989 in Great Britain of the Control of Substances Hazardous to Health (COSHH) Regulations 1988, which introduce a comprehensive and systematic approach to the control of hazardous substances at work, and, inter alia, set forth maximum exposure limits and provide for health surveillance, including periodic medical and biological monitoring in prescribed circumstances and the monitoring of exposure to substances hazardous to health by persons having the necessary information, instruction and training. Thus, these regulations are to provide better legislative backing for the implementation of Articles 8 and 15 of the Convention in respect of air pollution.
The Committee notes the Government's indication in its report that the Control of Substances Hazardous to Health (Northern Ireland) regulations would be made in 1990 and that these regulations would mirror the provisions contained in the Great Britain COSHH Regulations. The Government is requested to indicate whether the Northern Ireland Regulations for the Control of Substances Hazardous to Health are now in force and to transmit a copy to the Office as soon as the Regulations have been adopted.