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The Committee notes the statement in the Government’s report that tripartite consensus was reached on the Occupational Safety and Health Regulations in the National Occupational Safety and Health Commission (CONASSO), composed of representatives of the Government, employers and workers, and that the Regulations will soon come into force. The Government states that this has been a complex process with contributions from the three sectors, all aware of the need for regulations in this area. The Committee observes that it already noted the work of CONASSO in 2006 and hopes that the Government will soon be able to report on the progress made. The Committee would like to emphasize that the indication that new legislation is being drawn up does not free the Government from the obligation to supply information on the manner in which the application of the Convention in practice is ensured during this period and it considers that the available information does not allow it to gain a complete picture of the application of the Convention. The Committee therefore considers that detailed information is needed on the manner in which the provisions of the Convention are applied, including details of new legislation, if adopted, and if not, on the manner in which the Government ensures the application of the Convention in practice. The Committee therefore requests the Government to supply detailed information on the application of the present Convention.
[The Government is asked to report in detail in 2012.]
1. The Committee notes the information contained in the Government’s report. It notes in particular the information that the Ministry of Labour and Social Insurance, through the Health and Safety Department of the General Directorate of Social Insurance, is carrying out a study and a tripartite analysis together with bodies representing workers, employers and the Government with a view to reforming the General Occupational Safety and Health Regulations, to ensure that enterprises carry out risk evaluations to prevent hazards to the health of workers, so that importance is attached and investments made in improving occupational safety, health and hygiene conditions at work with the objective of motivating the performance of workers.
2. Article 6 of the Convention. Legislation for the establishment of occupational health services. The Committee notes the information that on 19 May 2005 the employer representatives submitted a preliminary draft of General Safety and Health Regulations to the National Occupational Safety and Health Commission (CONASSO), the text of which is now being reviewed. The Committee trusts that the draft text will be adopted in the near future to give full effect to the Convention.
3. Part V of the Convention. Application in practice. The Committee notes the information that in 2004, a total of 306 regular inspections were carried out to provide guidance to employers and workers with a view to risk management at work and the improvement of environmental conditions, and that technical advice in the field of occupational safety and health was provided to 150 enterprises in 2005. A total of 67 occupational safety and health committees were organized in the various economic sectors in 2004, and the number was 61 in 2005. The Committee requests the Government to continue providing information on the application of the Convention in practice, the results of inspection visits and the action taken to improve conditions in the working environment.
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:
I. 1. Articles 2, 4 and 6 of the Convention. The Committee notes that Governmental Agreement No. 359-91, in force since 16 October 1991, sets forth Regulations for the Application of this Convention, including the requirement in all enterprises with over 25 workers to establish a health service within six months of the Agreement's entry into force. It further notes that Governmental Agreement No. 894-91 of 22 November 1991 suspended the above-mentioned Agreement for 90 days in order to permit consultations with employers and workers. The Government is requested to indicate whether Agreement No. 359-91 has re-entered into force and, if so, to indicate its effective date.
2. The Committee notes from the Government's report for the period ending 30 June 1991 that consideration was being given to establishing a tripartite Commission on International Affairs which would be responsible for adopting measures for the implementation of a national policy on occupational health services. The Government is requested to indicate whether this Commission has been created and to provide further information on any measures it might have taken, or envisages, to ensure the implementation of the national policy on occupational health services.
II. Article 3 and point VI of the report form. The Government is requested to indicate the number of enterprises in which occupational health services have already been established under Governmental Agreement No. 359-91 and the number of workers covered, as well as to indicate any other measures taken or envisaged to make occupational health services available to all workers who do not yet have access to such services, including those in undertakings of less than 25 workers.
III. Articles 1 and 5. The Committee notes that, according to the Government's report, the function of the health services established by the Governmental Agreement No. 359-91 are, inter alia, the prevention of occupational accidents and diseases and that section 2 of the Agreement enumerates as one of the functions of such services those which are listed in Article 5 of the Convention. It notes that the health services called for by the Agreement consist of the establishment of health clinics with nurses or doctors, but does not really indicate the manner in which such clinics fulfil the preventive functions set forth in Articles 1 and 5 of the Convention. The Committee would emphasize that the essential nature of the occupational health services envisaged by the Convention is a preventive one, responsible not only for examining workers, but also for advising on the requirements for establishing and maintaining a safe and healthy working environment to facilitate optimal physical and mental health in relation to work and on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health. The Government is, therefore, requested to provide further information on the manner in which the health services to be established by virtue of the Governmental Agreement carry out the functions enumerated in Article 5 of the Convention.
IV. Article 8. The Committee notes that section 10 of the General Occupational Hygiene and Safety Regulations of 1957 provides for the creation in every workplace of safety organizations. The Government is requested to provide further information on the functioning of these safety organizations and the manner in which such organizations cooperate and participate in the implemention of the organizational and other measures relating to occupational health services in practice.
V. 1. Article 9, paragraph 1. The Committee would recall that this provision of the Convention calls for the establishment of occupational health services of a multidisciplinary nature so that such services might better carry out the advisory services necessary to maintaining a safe and healthy working environment. The Government is requested to indicate the measures envisaged to ensure that occupational health services are of a multidisciplinary nature.
2. Paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services carry out their functions in cooperation with the other services in the undertaking.
VI. 1. Article 10. The Government is requested to indicate the measures taken or envisaged to ensure that the personnel of occupational health services enjoy professional independence from employers, workers, and their representatives, in relation to their functions.
2. Article 12. The Committee notes that section 5(d) of the General Occupational Hygiene and Safety Regulations of 1957 provides that the employer shall arrange for medical examinations of the workers. The Government is requested to indicate the measures taken or envisaged to ensure that the surveillance of workers' health in relation to work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.
3. Article 13. The Committee notes that section 7 of the General Occupational Hygiene and Safety Regulations provides that the employer shall warn workers of the danger to which they are exposed when they work with asphyxiating, poisonous or infectious materials, or materials that are particularly injurious to health. The Government is requested to indicate the measures taken or envisaged to ensure that workers are informed of all health hazards involved in their work.
4. Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any known or suspected hazards in the working environment which may affect the workers' health.
5. Article 15. The Committee would recall that the purpose of this Article is to provide occupational health services with information which would enable them to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace and, thus, better fulfil their preventive function. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons and to ensure that occupational health services cannot be required by the employer to verify the reasons for absence from work.
The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide additional information in its next report on the following points:
2. The Committee notes from the Government's report that consideration is being given to establishing a tripartite Commission on International Affairs which would be responsible for adopting measures for the implementation of a national policy on occupational health services. The Government is requested to indicate whether this Commission has been created and to provide further information on any measures it might have taken, or envisages, to ensure the implementation of the national policy on occupational health services.