Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with interest the information provided in the Government's latest report concerning the application of Article 11 of the Convention. It requests the Government to provide copies, with its next report, of the following legislation to which it made reference: Act II of 1972 on public health; Decree No. 16/1972 (VI.29); Decree No. 15/1972 (VIII.5); Ordinance No. 22/1979 (Eü.K.15); Decree No. 47/1979 (XI.30) and Act XI of 1991 on state general and municipal health services. The Government is requested to provide additional information on the following points:

Articles 2 and 6. (a) The Committee notes that, while apparently much legislation exists regulating occupational health services, there has been no statutory obligation for the provision of such services. In its latest report, the Government has indicated that a new Act on labour safety is being prepared, in consultation with the representative organizations of employers and workers, and that it has been proposed that this Act include the obligation of employers to ensure occupational health services. The Government is requested to provide the Office with a copy of this Act as soon as it is adopted.

(b) The Committee notes the Government's indication that the period of transition in the country, including deregulation and the adoption of new legislation, has led the Ministry of Public Welfare to issue a Communiqué on occupational health services and factory medical consultation offices. According to the Government, the Communiqué aims at maintaining occupational health services, except where economic transformations might justify their discontinuation. The Government is requested to indicate the types of situations wherein it might be considered justifiable to discontinue an already established occupational health service and to provide a copy of this Communiqué with its next report.

Article 3 and point VI of the report form. The Committee notes the Government's indication that, if occupational health services cannot be organized without delay by all undertakings, the plans are to establish a rank-order in view of the hazards to which workers are exposed at a particular economic unit. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to provide, in its next report, any statistics available on the number of workers covered by the occupational health services presently established.

Article 5. The Committee notes the Government's indication that plans are being made to establish occupational health services in the area or vicinity of large enterprises and occupational health centres for smaller establishments and that their functions will take into account the provisions of the Convention and give clear priority to preventive care. The Government is requested to indicate the measures taken to ensure that occupational health services serve the functions set forth in this provision of the Convention.

Article 8. In its previous comment, the Committee noted that the conditions and professional rules of operation of independent occupational health services are prescribed by the health authorities and requested the Government to provide copies of the rules governing occupational health services in these cases. In its latest report, the Government has indicated that authorization is granted by the Minister of Public Welfare for the employment of factory medical consultants and that professional supervision is exercised by the State General and Municipal Health Services. The Committee would recall that Article 8 of the Convention calls for cooperation, and participation on an equitable basis, between workers and employers in the implementation of measures relating to occupational health services. The Government is once again requested to provide copies of the rules, referred to in its first report, governing the functioning of independent occupational health services and to indicate the measures taken to ensure that workers and employers cooperate and participate on an equitable basis in the implementation of the organizational and other measures relating to these services.

Article 14. The Committee notes the indication in the Government's report that the obligation to inform is set forth in section 15 of Decree No. 15/1972 of the Minister of Health. The Government is requested to provide a copy of Decree No. 15/1972.

Article 15. The Committee notes from the Government's latest report that there are no legislative provisions to the effect that the employer may not require personnel of the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to indicate the measures taken or envisaged to ensure observance of the Convention in this regard, as well as the measures which ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons in order to facilitate their function of identifying and assessing the risks in the working environment.