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Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Algeria (Ratification: 1969)

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Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene – commerce and office), 155 (OSH) and 167 (OSH in construction) together.

The Committee notes the information provided by the Government in its reports in response to the Committee’s previous comments on the following Articles:

-Convention No. 155: Articles 4 and 7 (periodic review of national policy and the national situation with regard to OSH); Article 5(a) and (b) (control of material elements of work and adaptation of the working environment to workers); Article 12(a) and (b) (requirements for workers who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use); and Article 20 (measures taken to ensure cooperation between employers and workers in the enterprise);
-Convention No. 167: Article 6 (cooperation between employers and workers).

Draft on the Labour Code. The Committee notes the draft on the Labour Code, dated October 2015, which was sent by the Government. It notes that this text contains a set of provisions on OSH (Book VI of the draft) and aims to codify the provisions of the national legislation in force, namely Act No. 88-07 of 26 January 1988 on occupational hygiene, safety and health (Act No. 88-07) and its implementing regulations. The draft provides that all provisions that are contrary to the Labour Code shall be repealed through the adoption of the Code, and that the provisions of regulations adopted pursuant to the legislation concerned shall remain in force until they are replaced, on condition that they are in conformity with the provisions of the Labour Code. Recognizing the scope of the legislative revision process under way, the Committee requests the Government to take into account the points raised below, in order to ensure the full conformity of the legislation with the ratified Conventions on OSH, in the context of the ongoing reform process.

General provisions

Safety and health of workers (Convention No. 155)

Article 13 of the Convention. Protection of workers who have removed themselves from a work situation presenting an imminent and serious danger. In the absence of a reply from the Government on this point, the Committee once again requests the Government to provide information on any measures taken to ensure the protection of workers against any unjustified consequences if they have removed themselves from a situation which they have reasonable justification to believe presents an imminent and serious danger.

Protection in specific branches of activity

Hygiene in commerce and offices (Convention No. 120)

Articles 14 and 18 of the Convention. Suitable seats for workers. Protection against noise and vibrations. In its previous comment, the Committee requested the Government to take the necessary measures to give effect to Articles 14 and 18 of the Convention. The Committee notes that the Government once again refers, in its report, to a draft Executive Decree amending Executive Decree No. 91-05 of 19 January 1991 on the general protection requirements applicable to hygiene and safety in the work environment. The Committee requests the Government to provide information on all progress made in this regard, and to provide a copy of the aforementioned Executive Decree once it has been adopted.

Safety and health in construction (Convention No. 167)

Articles 14–24 and 27 of the Convention. Technical standards. Prevention and protection measures. Scaffolds and ladders; lifting appliances and gear; transport, earth-moving and materials-handling equipment; plant, machinery, equipment and hand tools; work at heights; excavations and underground works; cofferdams and caissons; work in compressed air; structural frames and formwork; work over water; and demolition. Explosives. In its previous comment, the Committee noted that the following Executive Decrees gave partial effect to Articles 14–19 and 21–24 of the Convention: No. 05-12 of 8 January 2005 on specific hygiene and safety requirements applicable to the construction, public works and hydraulics sectors; No. 91-05 of 19 January 1991 on the general protection requirements applicable with regard to occupational hygiene and safety; and No. 2-427 of 7 December 2002 on the conditions for the organization and provision of information and the training of workers in the area of prevention of occupational risks. It also noted that no information had been provided by the Government on the application of Article 20. With regard to Article 27, the Committee noted the Government’s indication that the provisions governing explosives were being prepared in the context of technical safety regulations. The Committee notes the Government’s indication that draft technical regulations have been developed and will be adopted in consultation with the housing, urban planning, public works and transport, and water resources sectors, and with the social and economic partners and parties involved in the prevention of occupational risks. The Committee requests the Government to take into account the detailed provisions of Articles 14–24 and 27 of the Convention in the formulation of the technical safety regulations, and to send a copy of the regulations once they have been adopted.

Application of the Conventions in practice. Adequate inspection services. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 14 of the Convention. Suitable seats for workers. Article 18. Protection against noise and vibrations. The Committee recalls that for many years it has been requesting the Government to take the necessary measures to give effect to Articles 14 and 18 of the Convention. In this context, it notes the Government’s indication that a draft Decree to amend and supplement Executive Decree No. 91-05 of 19 January 1991 issuing general protection measures applicable in relation to occupational safety and health takes into account the issues relating to seats and vibrations. The Committee hopes that the draft Decree referred to above will give full effect to Articles 14 and 18 of the Convention and requests the Government to provide a copy of the new Decree once it has been adopted.

Application in practice. The Committee notes that the Government indicates once again on this matter that it is constantly attentive, through the labour inspection services, to ensuring compliance with conditions of work in workplaces liable to inspection, although it notes that no specific information has been provided on the application of the Convention in practice. The Committee therefore once again requests the Government to give a general appreciation of the manner in which the Convention is applied in practice including, for example, relevant extracts from the reports of the inspection services and, where such statistics are available, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the diseases and accidents declared.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 14 of the Convention. Suitable seats for workers. With reference to its previous comments, the Committee notes that the Government’s report is confined to reiterating that it is planned to introduce into the occupational safety and health legislation a provision requiring employers to provide workers with a sufficient number of seats and to allow their reasonable use, in accordance with Article 14 of the Convention. In this respect, the Committee draws the Government’s attention to the guidance contained in Paragraphs 42 to 44 of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120). The Committee hopes that the Government will be in a position in the very near future to report progress in the preparation of national provisions giving effect to Article 14 of the Convention.

Article 18. Protection against noise and vibrations. In reply to the Committee’s previous comments, in which it requested the Government to take all the necessary measures to give effect to this Article of the Convention with regard to vibrations, the Government indicates that vibrations are a direct consequence of high-intensity noise and that the protection of workers employed in commerce and offices against vibrations is accordingly covered by sections 15 and 16 of Executive Decree No. 91-05 of 19 January 1991, issuing requirements respecting noise. The Government adds that these provisions will be reviewed in the context of the revision of the labour legislation. The Committee understands that the Government is referring to acoustic vibrations. It emphasizes that, in addition to acoustic vibrations, the Convention refers to vibrations transmitted throughout the body by solid structures, which constitute a specific risk and require specific measures for their reduction when they are likely to cause harmful effects to workers. The Committee requests the Government, in the context of the revision of the labour legislation, to take appropriate measures to reduce the harmful effects of vibrations, in accordance with Article 18 of the Convention.

Part IV of the report form. Application in practice. The Committee notes the Government’s affirmation that it is constantly attentive, through the work of its prevention and supervisory bodies, to ensuring compliance with labour standards and guaranteeing optimal occupational safety and health conditions. To enable the Committee to assess the manner in which the Convention is applied in practice, the Government is requested to provide a general appreciation of the application of the Convention in practice, including for example extracts from the reports of the inspection services and, where such statistics are available, information concerning the number of workers covered by the legislation, the number and nature of the contraventions reported, etc.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. The Committee also notes that the Government report submitted in 2011 did not contain replies to the questions raised in its previous comments and did not indicate the measures taken, in law and in practice, to ensure the application of Articles 14 and 18 of the Convention. It must therefore once again repeat its previous observation which read as follows:

Repetition
Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government indicating that labour legislation is currently being reviewed, and that the obligation to provide suitable and sufficient seats for workers has been taken into consideration in the provisions of the future Labour Code. The Committee once again requests the Government to adopt, as soon as possible, appropriate measures in law and practice to ensure that all workers covered by the Convention have sufficient and suitable seats, and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.
Article 18. Protection against noise and vibrations. The Committee notes the reference by the Government to sections 15 and 16 of Executive Decree No. 91/05 of 19 January 1991 which states the obligations of employers to reduce the impact of noise on workers’ health, and where this is not possible, to provide such workers with personal protective equipment. The Committee reiterates its request that the Government adopt, as soon as possible, appropriate measures in law and practice to give effect to the provisions of this Article with regards to vibrations, and to keep the Office informed of any progress achieved in this respect.
Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes the Government reference to the body in charge of the enforcement of the Convention, the Labour State Inspectorate. However, the information provided does not allow for a general appreciation of the manner in which the Convention is applied to the country. The Committee accordingly once again requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.
The Committee takes this opportunity to invite the Government to request ILO technical assistance with the view to ensure an effective application of the Convention. The Committee hopes that such technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the relevant ILO bodies.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government report and the attached legislation. The Committee also notes that the Government report does not contain replies to the questions raised in its previous comments and does not indicate the measures taken, in law and in practice, to ensure the application of Articles 14 and 18 of the Convention. It must therefore once again repeat its previous observation which read as follows:

Repetition
Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government indicating that labour legislation is currently being reviewed, and that the obligation to provide suitable and sufficient seats for workers has been taken into consideration in the provisions of the future Labour Code. The Committee once again requests the Government to adopt, as soon as possible, appropriate measures in law and practice to ensure that all workers covered by the Convention have sufficient and suitable seats, and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.
Article 18. Protection against noise and vibrations. The Committee notes the reference by the Government to sections 15 and 16 of Executive Decree No. 91/05 of 19 January 1991 which states the obligations of employers to reduce the impact of noise on workers’ health, and where this is not possible, to provide such workers with personal protective equipment. The Committee reiterates its request that the Government adopt, as soon as possible, appropriate measures in law and practice to give effect to the provisions of this Article with regards to vibrations, and to keep the Office informed of any progress achieved in this respect.
Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes the Government reference to the body in charge of the enforcement of the Convention, the Labour State Inspectorate. However, the information provided does not allow for a general appreciation of the manner in which the Convention is applied to the country. The Committee accordingly requests once again the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

The Committee takes this opportunity to invite the Government to request ILO technical assistance with the view to ensure an effective application of the Convention. The Committee hopes that such technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the relevant ILO bodies.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government indicating that labour legislation is currently being reviewed, and that the obligation to provide suitable and sufficient seats for workers has been taken into consideration in the provisions of the future Labour Code. The Committee once again requests the Government to adopt, as soon as possible, appropriate measures in law and practice to ensure that all workers covered by the Convention have sufficient and suitable seats, and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.

Article 18. Protection against noise and vibrations. The Committee notes the reference by the Government to sections 15 and 16 of Executive Decree No. 91/05 of 19 January 1991 which states the obligations of employers to reduce the impact of noise on workers’ health, and where this is not possible, to provide such workers with personal protective equipment. The Committee reiterates its request that the Government adopt, as soon as possible, appropriate measures in law and practice to give effect to the provisions of this Article with regards to vibrations, and to keep the Office informed of any progress achieved in this respect.

Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s report does not contain information on this matter. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government that workers assigned to activities in commerce and offices have seats which they can use in the context of the work, despite the absence of a legal text in this respect. The Government specifies that the provision of suitable seats to workers forms part of the working conditions without which the workers could not perform their work suitably and effectively. However, the Government indicates that it has noted the Committee’s observation with a view to its integration into the provision of the future Labour Code. The Committee once again requests the Government to adopt suitable regulatory measures to ensure that all workers covered by the Convention have sufficient and suitable seats and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.

Article 18. Protection against noise and vibrations. In its previous comments, the Committee noted the Government’s intention to develop regulations respecting the prevention of risks related to noise and vibrations. However, the Committee notes that the Government’s report does not contain information on this matter. It once again requests the Government to adopt the appropriate regulatory measures as soon as possible to give effect to the provisions of this Article and to keep the Office informed of any progress achieved in this respect.

Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s report does not contain information on this matter. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying information on the number of workers covered by the legislation in force and extracts from inspection reports indicating the number and nature of the diseases contracted, and also the contraventions reported and penalties imposed.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s report.

2. Article 14 of the Convention. Suitable seats for workers. The Committee notes the Government’s information that the provision of sufficient and suitable seats for workers has still not been the subject of regulations or specific measures either under Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine or under the adopted implementing regulations, but that this requirement is fulfilled in practice. The Committee also notes the Government’s statement that it will take preventive measures to reduce or even eliminate the health risks connected with movement, posture and fatigue, in accordance with Article 14 of the Convention. In this context, the Committee asks the Government to adopt suitable regulatory measures to ensure that all workers covered by the Convention have sufficient and suitable seats and also the possibility of using them, and to keep it informed of all progress made in this field.

3. Article 18. Protection against noise and vibrations. Referring to its previous comments, the Committee notes the Government’s information that there is a need to lay down regulations classifying the risks connected with noise and vibrations. To this end, the Government is contemplating the preparation of a regulatory text on the prevention of risks connected with noise and vibrations. In this context, the Committee requests the Government to take the appropriate regulatory measures as soon as possible to give effect to the provisions of this Article and to keep it informed of all progress made in this area.

4. Part IV of the report form. Application in practice. The Committee notes the Government’s information that occupational diseases connected with the risks of noise and vibrations top the list of cases of occupational diseases recorded during the last two years. The Committee therefore asks the Government to indicate the manner in which the Convention is applied in practice, for example by supplying information on the number of workers covered by the legislation in force, extracts from inspection reports indicating the number and nature of diseases contracted, and also contraventions reported and penalties imposed.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, in particular the adoption of Executive Decree No. 05-11 of 8 January 2005 laying down the conditions of establishment, organization and operation of the health and security service and its functions. It notes, however, that the Decree contains no provisions giving effect to the Articles of the Convention which it addressed in previous comments. The Committee is therefore bound to reiterate its previous observation concerning the following points:

1. Article 14 of the Convention. The Committee notes the information supplied by the Government on the requisite dimensions of the seats to be made available for workers. It reminds the Government that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and that workers shall be given reasonable opportunities of using them. The Committee points out that requirements as to the dimension of the seats do not give effect to Article 14 of the Convention. Noting, moreover, that according to the Government no new regulations have been adopted, the Committee again recalls that Executive Decree No. 91/05 of 19 January 1991, currently in force, establishing general requirements for protection in the area of occupational safety and health, which lays down arrangements for the application of Act No. 88/07 of 26 January 1998, section 19 of which requires seats to be made available only in changing rooms, does not give effect to Article 14 of the Convention. The Committee accordingly trusts that the Government will take appropriate steps to ensure that sufficient and suitable seats shall be supplied for all workers covered by the Convention and that the workers shall be given reasonable opportunities of using them.

2. Article 18. Further to its previous comments on the application of this Article of the Convention, the Committee notes the general information supplied by the Government to the effect that ear protectors are provided in workplaces where it is difficult to reduce noise at source. The Committee notes that section 16 of Executive Decree No. 91/05 of 19 January 1991 states that, where it is acknowledged that the collective measures of protection against noise provided for in section 15 are impossible to implement, suitable individual protection equipment must be made available to the workers. The Committee further notes that ear muffs are to be provided for this purpose. It requests the Government to indicate which provision requires the workers concerned to be provided with ear muffs. The Committee points out to the Government that Article 18 of the Convention requires the adoption not only of measures to reduce the harmful effects of noise but also measures to reduce vibrations likely to have harmful effects on workers. It accordingly requests the Government to provide additional information on the measures taken or envisaged to reduce vibrations likely to have harmful effects on workers.

2. The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. Noting the Government’s brief replies to its previous comments, the Committee wishes to draw attention to the following points, on which it would appreciate further information.

2. Article 18. Further to its previous comments on the application of this Article of the Convention, the Committee notes the general information supplied by the Government to the effect that ear protectors are provided in workplaces where it is difficult to reduce noise at source. The Committee notes that section 16 of Executive Decree No. 91/05 of 19 January 1991 states that, where it is acknowledged that the collective measures of protection against noise provided for in section 15 are impossible to implement, suitable individual protection equipment must be made available to the workers. The Committee further notes that ear muffs are to be provided for this purpose. It requests the Government to indicate which provision requires the workers concerned to be provided with ear muffs. The Committee points out to the Government that Article 18 of the Convention requires the adoption not only of measures to reduce the harmful effects of noise but also measures to reduce vibrations likely to have harmful effects on workers. It accordingly requests the Government to provide additional information on the measures taken or envisaged to reduce vibrations likely to have harmful effects on workers.

The Committee expresses the hope that the Government will adopt the necessary measures as soon as possible to give full effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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. The Committee notes the adoption of Ordinance No. 96-11 of 10 June 1996 amending and supplementing Act No. 90-03 of 6 February 1990 respecting labour inspection, Executive Decree No. 96-209 of 5 July 1996 establishing the composition, organization and functioning of the Occupational Health, Safety and Medicine Council and Executive Decree No. 93-120 of 15 May 1993 respecting the organization of occupational medicine.

2. The Committee notes the Government’s statement in reply to its previous comment that the matters raised have not been covered by new provisions. The Committee recalls that in its previous comments it noted that Executive Decree No. 91-05 of 19 January 1991 issuing general requirements for protection relating to occupational health, safety and the environment, establishes provisions for the application of Act No. 88-07 of 26 January 1998, which does not give effect to the provisions of Article 14 and Article 18 of the Convention. In this respect, the Committee requested information on the following points:

Article 14 of the Convention. The Committee notes that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and workers shall be given reasonable opportunities of using them. Accordingly, their provision only in changing rooms, as provided in section 19 of the above Decree, is not sufficient to give effect to this Article of the Convention. The Committee therefore requests the Government to indicate the manner in which this Article is applied in practice so that all the workers covered by the Convention are given opportunities of using the seats supplied.

Article 18. The Committee notes that section 15 of Executive Decree No. 91-05 of 19 January 1991 does not give full effect to this Article of the Convention. It therefore requests the Government to provide information on the measures which have been taken or are envisaged under section 15 of the above Decree to reduce vibrations which are likely to have harmful effects on workers.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

2. The Committee notes the Government's statement in reply to its previous comment that the matters raised have not been covered by new provisions. The Committee recalls that in its previous comments it noted that Executive Decree No. 91-05 of 19 January 1991 issuing general requirements for protection relating to occupational health, safety and the environment, establishes provisions for the application of Act No. 88-07 of 26 January 1998, which does not give effect to the provisions of Article 14 and Article 18 of the Convention. In this respect, the Committee requested information on the following points:

Article 14 of the Convention. The Committee notes that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and workers shall be given reasonable opportunities of using them. Accordingly, their provision only in changing rooms, as provided in section 19 of the above Decree, is not sufficient to give effect to this Article of the Convention. The Committee therefore requests the Government to indicate the manner in which this Article is applied in practice so that all the workers covered by the Convention are given opportunities of using the seats supplied.

Article 18. The Committee notes that section 15 of Executive Decree No. 91-05 of 19 January 1991 does not give full effect to this Article of the Convention. It therefore requests the Government to provide information on the measures which have been taken or are envisaged under section 15 of the above Decree to reduce vibrations which are likely to have harmful effects on workers.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes with interest the information supplied in the Government's report and the adoption of Executive Decree No. 91-05 of 19 January 1991 establishing general occupational health and safety provisions to give effect to Act No. 88-07 of 26 January 1988. The Government is asked to provide additional information on the following points in its next report:

1. Article 14 of the Convention. The Commission notes that under section 19 of the Executive Decree seats must be provided in changing rooms. The Committee points out, however, that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and that workers must be given opportunities of using them. The Government is asked to indicate how this Article is applied in practice to ensure that all the workers covered by the Convention are given the opportunity to use the seats made available to them.

2. Article 18 of the Convention. The Government is requested to indicate the measures taken or contemplated to reduce vibrations likely to have harmful effects on workers.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its observation, the Committee has noted that Act No. 88-07 of 26 January 1988 on occupational health and safety and occupational medicine does not contain any provision applying Articles 14 and 18 of the Convention. It would be grateful if the Government in its next report would indicate the measures taken or envisaged to give full effect to these Articles.

The Committee has also noted that sections 4 and 5 and Chapter III of the Act provide for the adoption of regulations to implement their provisions. Please supply copies of such regulations when adopted.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee notes with satisfaction that Act No. 88-07 of 26 January 1988 on occupational health and safety and occupational medicine gives effect to the various provisions of the Convention. The Committee is raising certain points in a request addressed directly to the Government.