Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee notes with interest the information supplied by the Government in its first report. The Committee notes the Government's statements that every effort has been made to adopt measures to apply the Convention, but that a draft Decree did not receive the necessary approval of the occupational organisations, due to the opposition of the employers' organisations to certain measures which provided for the establishment of bipartite commissions in enterprises. The Committee notes that, according to the Government's report, the draft Decree is currently under revision.

The Committee notes with interest the text of the draft Decree supplied by the Government.

The Committee requests the Government to supply information on the progress of the work of revising the above text. It also requests the Government to supply the text as soon as it has been adopted.

The Committee hopes that the legislation will provide for the formulation and periodical review of a national policy on occupational health services (Article 2) and will give effect to the following Articles of the Convention:

Article 3, paragraph 1, of the Convention. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and in all undertakings. If occupational health services cannot be immediately established for all undertakings, plans for the establishment of such services have to be drawn up in consultation with the occupational organisations. The Committee notes the information supplied by the Government to the effect that the draft Decree to establish occupational health services is still under examination. It requests the Government to indicate the plans under which, in accordance with the Convention, it intends to progressively establish occupational services for all undertakings.

Furthermore, the Committee understands that the envisaged scope of the draft text (section 7) is confined to the private sector and that its extension is envisaged, where appropriate, to rural undertakings. The Committee requests the Government to indicate the plans under which the application of the planned legislation could be extended to all workers, including those in the public sector, in all branches of economic activity, as provided for by the Convention.

Article 5. The Committee requests the Government to indicate the manner in which, until the legislation is adopted, the participation of workers in matters of occupational health and safety, as set out in the Convention, is ensured. Furthermore, it requests the Government to supply information on the authorities which have been assigned advisory functions on the planning and organisation of work and the development of programmes for the improvement of working practices (Article 5(c) and (d)).

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in the present situation, in the implementation of the organisation of occupational health services, as set out in the Convention, particularly within the framework of the prevention activities of the Occupational Health Department.

Article 9. The Committee notes the information supplied by the Government in its report that prevention functions are exercised by the Occupational Health Department, in coordination with the environmental safety directorate, prevention clinics and the medical documentation department.

The Committee requests the Government to indicate the measures that it has taken or plans to take, in the current situation, in order to ensure that the services that are currently responsible for certain functions relating to occupational health are multidisciplinary, in accordance with paragraph 1.

The Committee also notes that the text of the draft Decree does not appear to establish the multidisciplinary nature of occupational health services. The Committee hopes that the current re-examination of the text will result in the inclusion of this aspect in the legislation, in accordance with the provisions of the Convention.

Article 12. The Committee requests the Government to indicate the measures which guarantee, in the current situation, that the surveillance of workers' health involves no loss of earnings for them, that it is free of charge and that it takes place during working hours, as set out in this provision.

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with the provisions of the Convention.

Article 14. The Committee understands that the obligation to inform occupational health services of any factors which may affect the workers' health is not explicitly set out in the draft Decree (section 32). It hopes that the current work of re-examination will take account of this provision.

Article 15. The Committee understands that the draft Decree (section 50) envisages that occupational health services shall be informed of occurrences of ill-health and absence from work. It hopes that the current re-examination, in accordance with the Convention, will ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that have come to their notice.