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Previous comment: C.120
Part IV of the report form. Application in practice. In its previous comments the Committee noted the legislative texts giving effect to the Convention and requested information on the application of these texts in practice. The Committee notes the Government’s indication that the texts adopted have resulted in the availability of more tools for improved action, that the Convention covers all workers and that there are no statistics available on the number of infringements. The Committee notes, however, that the Government has not provided a general appreciation of the manner in which the Convention is applied in the country. The Committee therefore once again requests the Government to supply information on the practical application of the Convention.
The Committee notes that the Government’s report has not been received. It therefore feels bound to reiterate its previous comment, which read as follows:
Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including for example extracts from the reports of the inspection services, with particular reference to the number of workers covered by the legislation, information on the number and nature of the contraventions reported and the action taken on them, etc.
The Committee hopes that a report will be supplied for examination by the Committee as its next session and that it will contain full information on the matter raised in its previous comment.
With reference to its previous comments, the Committee notes with satisfaction the information contained in the Government’s report that the legislative process commenced several years ago in the field of occupational safety and health has resulted in the adoption of Decree No. 2006-1261 of 15 November 2006 establishing general safety and health measures in establishments of all natures and Decree No. 2006-1252 of 15 November 2006 determining the minimum requirements for the prevention of certain physical ambient factors, giving effect to Articles 14 and 18 of the Convention. It further notes the adoption of 11 other Decrees in relation to occupational safety and health, namely: Decree No. 2006-1251 of 15 November 2006 respecting workplace installations; Decree No. 2006-1249 of 15 November 2006 determining minimum safety and health requirements for temporary or mobile worksites; Decree No. 2006-1250 of 15 November 2006 respecting the movement of vehicles and equipment within enterprises; Decree No. 2006-1253 of 15 November 2006 establishing a medical labour inspectorate and determining its responsibilities; Decree No. 2006-1254 of 15 November 2006 respecting the manual transport of loads; Decree No. 2006-1255 of 15 November 2006 respecting the legal means of intervention of labour inspectors in the field of occupational safety and health; Decree No. 2006-1256 of 15 November 2006 determining the obligations of employers in relation to occupational safety; Decree No. 2006-1257 of 15 November 2006 determining the minimum requirements for protection against chemical hazards; Decree No. 2006-1258 of 15 November 2006 determining the duties and rules for the organization and operation of occupational medicine services; Decree No. 2006-1259 of 15 November 2006 respecting occupational safety warnings; and Decree No. 2006-1260 of 15 November 2006 respecting ventilation and sanitation measures at the workplace. The Committee notes that these legislative texts give further effect to the provisions of the Convention.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
1. The Committee notes that the procedure for the adoption of a new draft decree establishing the general hygiene and safety measures for establishments of all types is still ongoing. The Government indicates that the text of this decree will be sent to the Committee as soon as it has been formally adopted. The Committee requests the Government to provide a copy of the decision once it is adopted.
2. Articles 14 and 18 of the Convention. Seats for all workers and protection against noise and vibrations. As in its previous comments, the Committee notes with concern that the legislative process begun in 1992 has never been completed. The Committee hopes, once again, that the procedure for the adoption of the decree in question will be completed in the very near future so as to give effect to the provisions of Articles 14 and 18 of the Convention.
The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.
1. The Committee notes the information contained in the Government’s report. It notes, in particular, that the procedure for the adoption of a new draft decree establishing the general hygiene and safety measures for establishments of all types is still ongoing. The Government indicates that the text of this decree will be sent to the Committee as soon as it has been formally adopted. The Committee requests the Government to provide a copy of the decision once it is adopted.
[The Government is requested to report in detail in 2007.]
With reference to its previous comments, the Committee notes the Government’s indication that 13 draft decrees on health and safety have been prepared by the Ministry of Labour and will be submitted to the National Advisory Labour and Social Security Council for its opinion. While noting this indication, the Committee regrets to note that as long ago as 1992 the Government was already referring to a draft decree on safety and health measures which had been forwarded for signature by the President of the Republic and, in its report in 1997, the Government referred to technical problems relating to the finalization of the above decree. The Committee therefore notes with concern that the legislative process commenced in 1992 has never been completed. The Committee is bound once again to express the strongest hope that the legislative process relating to the draft decrees concerned will be completed in the very near future to give effect to the provisions of the Convention, and particularly to Articles 14 and 18 of the Convention concerning suitable seats for workers and measures to be taken to reduce noise and vibration at the workplace, on which the Committee has been commenting for over 20 years. The Committee hopes that the Government’s next report will indicate the progress achieved in this respect.
[The Government is asked to report in detail in 2006.]
The Committee notes the information supplied by the Government in its latest reports. It notes in particular the information concerning the draft Decree on general hygiene and safety measures, which, according to the Government, give effect to Articles 14 and 18 of the Convention concerning suitable seats for workers and measures to be taken to reduce noise and vibration at the workplace, on which the Committee has been commenting for more than 20 years. It also notes that, according to the Government, it has not been possible to finalize the draft Decree owing to last-minute technical problems, although in its report for 1992 the Government indicated that the draft had already been submitted to the President of the Republic for signing. The Committee notes in this connection that, according to the Government, the Ministry of Labour office in charge of occupational medicine, hygiene and safety has assumed new powers in the area of human resources in order to deal with these technical problems, which still exist. The Committee therefore expresses the hope that in the near future the problems preventing the adoption of the draft Decree will be overcome so that the legislative process may be completed and full effect given to the Convention.
The Committee takes note of the information supplied in the Government's last two reports concerning the Bill on general health and safety provisions. It notes in particular that the Bill contains provisions to ensure the application of Articles 14 and 18 of the Convention concerning the provision of seats for workers and measures to reduce noise and vibrations in the workplace, on which the Committee has been commenting since 1976.
It notes that section 23 of the Bill provides that a sufficient number of seats shall be made available close to workstations for general use by the workers when the work cannot be performed sitting and that the use of seats must be authorized to the greatest extent compatible with the performance of the work. Procedures for the enforcement of this rule are to be laid down in internal regulations. The Government is asked to indicate the measures taken or contemplated to ensure that workers covered by the Convention will be given the opportunity to use seats in the workplace, in accordance with Article 14 of the Convention.
The Committee notes from the Government's report that the Bill has been submitted for signature by the President of the Republic. It hopes that it will be adopted in the near future and will ensure that effect is given to Articles 14 and 18 and that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), in accordance with Article 4(b) of the Convention. The Government is asked to provide information on progress made in this respect in its next report and to provide a copy of the Bill as soon as it is adopted.
In comments it has been making since 1972, the Committee has noted the Government's indication that the regulations concerning the health and safety of workers would be revised in order to give effect to Article 14 of the Convention (the provision of suitable and sufficient seating for all workers) and Article 18 (the reduction of noise and vibrations likely to have a harmful effect on workers).
The Committee notes the information provided in the Government's latest report that a draft decree concerning general safety and health measures applicable in all establishments has been submitted to the President of the Republic for signature. It notes from the Government's report that this decree shall ensure that a suitable chair be provided for each worker whenever the work carried out is compatible with a continuous or intermittent sitting position and that, where this is not the case, a sufficient number of chairs will be made available near the workstation and the use of these chairs must be authorised whenever it is compatible with the work carried out. The Government has indicated that an internal circular shall determine the manner in which this rule shall be applied. The Committee would recall that Article 14 further provides that workers shall be given reasonable opportunity to use the chairs supplied to them. It therefore hopes that, workers who may be involved in work not considered to be compatible with the sitting position be nevertheless assured a reasonable opportunity to sit down.
The Committee trusts that the draft decree concerning general safety and health measures will be adopted in the near future and that it will ensure the application of Articles 14 and 18. It also hopes that the decree will give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), in accordance with Article 4(b) of the Convention. The Government is requested to provide information on the progress made in this regard in its next report and to provide the office with a copy of the decree as soon as it is adopted.
Further to its previous comments, the Committee takes note of the amendments made to the Labour Code by Act No. 87-29 of 18 August 1987 which contains general provisions in matters of health and safety. The Committee notes, however, that the draft Order laying down health and safety regulations has still not been adopted. The Committee must, therefore, reiterate the hope that the draft will be adopted in the very near future and that it will require the provision of seats for all workers, as called for in Article 14 of the Convention, and provide for the reduction of noise and vibrations likely to have harmful effects on workers, as required by Article 18. It also hopes that the draft will give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964, in accordance with Article 4(b) of the Convention.