Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes the indication in the Government's latest report that consideration is being given to replacing the existing Factories Ordinance. It hopes that the Government will take into account, in the revision of its legislation, the Committee's previous comments which read as follows:

1. Article 1, paragraph 1, of the Convention. The Committee notes the Government's indication in its report that the The Factories Ordinance (Chapter 107) of 1940 covers the widest possible branches of all economic and industrial activity. It further notes, however, that the definition of "factory" in the Ordinance covers premises wherein "persons are employed in manual labour in any process for or incidental to any of the following purposes, namely: (a) the making of any article or part of any article, or (b) the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article, or (c) the adapting for sale of any article". The Government is, therefore, requested to indicate the measures taken to ensure that all branches of economic activity are covered by the provisions of the Convention.

2. Article 2, paragraph 2. The Committee notes that the Government has accepted the obligations of the Convention in respect of air pollution only. It further notes the Government's indication in its report that while the Regulations do not provide for measures to be taken in respect of noise and vibration, these other risk areas will be considered in the future. The Government is requested to provide information in future reports on the position of law and practice in respect of noise and vibration and on the extent to which effect has been given or is proposed to be given to the Convention in respect of these categories.

3. Article 4, paragraphs 1 and 2. The Committee notes that the Factories (Health, Safety and Welfare) Regulations of 1986 provide only very general measures for the prevention and control of, and protection against, occupational hazards due to air pollution. It further notes the Government's indication that, in view of the limited resources for research in Malta, the measures for the prevention against and control of occupational hazards, are those which have been adopted in more developed countries and recognized by certain international organizations, such as the WHO. The Government is requested to indicate the measures which it is referring to and any other measures which it has taken or envisaged to ensure the prevention and control of, and protection against, occupational hazards due to air pollution, including means for the practical implementation such as technical standards and codes of practice.

4. Article 5, paragraphs 1, 2 and 3. The Committee notes the Government's indication that a tripartite working committee to make concrete proposals on the occupational safety and health measures which need to be taken has been created. According to the Government, this Working Committee submitted a Bill concerning the establishment of a tripartite Occupational Safety and Health Authority whose function is to, inter alia, facilitate cooperation between workers and employers at the enterprise. The Government is requested to provide information in its next report on the progress made in this regard and to provide a copy of the Occupational Safety and Health Authority Act once it is adopted.

5. Article 5, paragraph 4. The Government is requested to indicate the measures taken or envisaged to ensure that representatives of employers and representatives of workers have the right to accompany inspectors while they carry out their inspections, unless the inspector considers that this may be prejudicial to the performance of his or her duties.

6. Article 6, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that collaboration, as concerns compliance with measures for the protection of and protection against occupational hazards due to air pollution, takes place among employers undertaking activities simultaneously at the same workplace.

7. Article 7, paragraph 2. The Committee notes the Government's indication that the establishment of an Occupational Safety and Health Authority will enable the authorities concerned to receive and consider proposals, suggestions and complaints from the appropriate representative bodies. The Government is requested to provide further information on the bodies to which the worker may appeal so as to ensure protection against occupational hazards due to air pollution.

8. Article 8, paragraphs 1, 2 and 3. The Committee notes that Regulation 40 of the Factories Regulations and Regulation 23(2) of the Building (Safety) Regulations, 1968 provide that the employer shall test the working environment in which potentially dangerous or obnoxious substances are manufactured, handled or used in order to ensure that the air is fit to breathe. It notes, however, that no criteria have been established in this regard. The Government is requested to indicate the measures taken or envisaged to establish criteria for determining the hazards of exposure to air pollution and to indicate whether any exposure limits have been set or are envisaged. Furthermore, the Government is requested to indicate the manner in which the opinion of a technically competent person designated by the most representative organizations of employers and workers concerned is taken into account when elaborating criteria and determinating exposure limits. The Government is requested to indicate the measures taken or envisaged to ensure that the criteria and exposure limits are established, supplemented and revised regularly, in the light of current national and international knowledge and data.

9. Article 9. The Committee notes that Regulation 23 of the Building Regulations calls for specific measures to be taken with internal combustion engines so as to ensure fresh air and Regulations 18, 23, 33 and 49 of the Factories Regulation provide for specific measures to be taken concerning ventilation and particular types of machinery. The Government is requested to provide further information on detailed technical measures to be applied to new plant or processes at the design or installation stage to be added to existing plant or processes and where necessary any supplementary organizational measures which are prescribed with a view to keeping the working environment free from hazards due to air pollution.

10. (a) Article 11, paragraphs 1 and 2. The Committee notes that Regulation 43 of the Factories Regulations provides that employers must ensure pre-assignment medical examinations for persons engaged in occupations listed in its Schedule which seems to concern mostly occupations with respect to dangerous machinery. It further notes that the Sanitary Authority may, under Regulation 43(7) (and the Superintendent by virtue of Regulation 43(12)) require medical examinations of other employees. The Government is requested to indicate the measures taken to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodic medical examinations and that these examinations are provided free of cost to all workers concerned.

(b) Article 11, paragraphs 3 and 4. The Committee notes that Regulation 43(5) provides that the medical practitioner may suspend an employee from being engaged in work in the occupations listed in the Schedule. The Government is requested to indicate the measures taken or envisaged to ensure that alternative employment or income maintenance through social security is ensured to workers whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable and to indicate whether workers' rights under social security or social insurance are adversely affected in this regard.

11. Article 12. The Committee notes that Regulation 38 of the Factories Regulations provides that no person may import or sell and no employer may use or suffer to be used any chemical or material which is toxic without the approval of the Superintendent. The Government is requested to indicate the manner in which such intended use is notified to the Superintendent and the measures taken or envisaged to ensure that the competent authority is also notified of the use of processes, machinery and equipment, to be determined by the competent authority, which involve exposure of workers to occupational hazards due to air pollution.

12. Article 13. The Committee notes that Regulation 49(3) of the Factories Regulations calls upon employers to provide information, instruction, training and supervision as concerns occupational safety and health generally and Regulation 49(4) ensures that employees are informed of the occupational health hazards of their respective occupations, of the necessary measures of protection and of the proper use of protective clothing and equipment. The Government is requested to provide further details on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

13. Article 15. The Committee notes that Regulation 40(5) of the Factories Regulations provides that, when considered necessary by the Sanitary Authority, the employer shall test the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used and that these tests shall be conducted by trained personnel and, where possible, supervised by qualified personnel who possess experience in occupational health or hygiene. The Government is requested to indicate the manner in which this Regulation is applied in practice and whether there are any other circumstances determined by the competent authority in which recourse shall be had to a competent outside person in matters concerning the prevention and control of air pollution.