Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes with interest the information provided in the Government's first report. It notes the Government's indication that the development, organisation and operation of the occupational health services were already functioning at an advanced, high professional level at the time of ratification of the Convention and that the changes under way in the country have also influenced the health sector. It notes the Government's indication that the reform of the health sector, including the activities of the occupational health services, has begun and entails considerable deregulation and modernisation of the health regulations. The Government is requested to provide clarification on the following points:

Articles 2 and 6 of the Convention. The Committee notes from the Government's report that the first national policy on occupational health service began in 1951 and has been revised periodically with a full revision of the regulations in 1974. It further notes that an Act concerning the organisation and maintenance of occupational health services was in effect up to 1990 and that new Acts are presently being prepared. The Committee requests the Government to provide a copy of the latest regulations concerning occupational health services, as well as a copy of the new Act as soon as it is adopted, and to indicate the manner in which the most representative organisations of workers and employers were consulted in the formulation, implementation and revision of the occupational health services policy. The Government is also requested to provide copies of the relevant provisions of any collective agreements concerning the creation or functioning of occupational health services.

Article 3. The Committee notes with interest the information provided in the Government's report that, as a result of progressive development, occupational health services exist in more than 20 economic sectors and occupational health care is provided for half of the workers and employees working in industry and agriculture. It notes the Government's indication that ideas for future development of occupational health services are presently being worked out in the health reform and that the goal is to first establish these services for every worker in every undertaking and then to widen the activity of the occupational specialist consultation centres. The Committee recalls that, under Article 3, paragraph 2, if occupational health services cannot be immediately established for all undertakings, ratifying governments undertake to draw up plans for the establishment of such services in consultation with the most representative organisations of employers and workers. The Government is requested to indicate the plans drawn up in this regard and the manner in which the most representative organisations of employers and workers are consulted as called for by paragraph 3 of this Article.

Article 5

(a) The Committee notes the indication in the Government's report that the functions of the occupational health services essentially cover the functions provided for in this Article of the Convention, but that the performance of some functions depends upon initiatives from the undertaking (planning, work-organisational advice, participation in working out programmes for modernisation of production practice, etc.). The Government has indicated that, although the responsibility and obligations for employers in respect of occupational safety and health are provided for in regulations, factory management often does not fulfil its tasks and there is a great lag in the field of occupational ergonomics. The Government is requested to indicate the measures taken to promote the full co-operation of employers with respect to the tasks and functions of the occupational health services in order to ensure the attainment of the objectives of such services to facilitate optimal physical and mental health in relation to work (Article 1(a)).

(b) The Committee also notes the Government's indication that the curative function still prevails in occupational health services where factory physicians, mostly those who work for a few hours a week, are active. The Government is requested to continue to provide information on the efforts made to promote the presence of occupational health services, with the essentially preventive functions enumerated in the Government's report and which figure in Article 5 of the Convention, in all undertakings.

Article 8. The Committee notes the Government's indication that, since 1989, several undertakings have been granted the right to establish an independent occupational health service and that the conditions and professional rules of operation have been prescribed by the health authorities. The Government is requested to provide copies of the rules governing the functioning of this independent service and to provide full particulars on the creation within any other undertakings of independent occupational health services.

Article 11. The Committee notes from the Government's report that the planned reform of the health sector involves issues of graduate and postgraduate education and that, in particular, there is a plan to increase the role of occupational health studies in graduate training. The Government is requested to continue to provide information on the reforms envisaged or implemented concerning the qualifications required for personnel working in occupational health services.

Article 14. The Committee notes the indication in the Government's report that information on any known or suspected factors in the working environment which may affect the worker's health are required by departmental order. The Government is requested to provide a copy of this departmental order with its next report.

Article 15. The Committee notes from the Government's report that regulations provide that the employer may not require the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to provide a copy of the relevant regulation.