Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes with interest the information provided in the Government's first report. It notes, in particular, the Government's indication that no measures have yet been taken to formulate, implement and periodically review a coherent national occupational safety and health policy, but that the Labour Inspection Service has been making efforts to enact subsequent regulations in this area, in consultation with the workers' and employers' representatives through the Advisory Board to be established under section 171 of the Labour Proclamation No. 42/1993. The Government is requested to indicate, in its next report, the progress made in formulating a national coherent occupational safety and health policy, in accordance with Article 4 of the Convention, and any steps taken to give effect to this policy as called for by Article 8. Furthermore, the Committee hopes that the subsequent occupational safety and health regulations referred to in the Government's report will take into consideration the spheres of action set forth in Article 5 of the Convention.

The Government is requested to provide further information, in its next report, on the following points:

Article 1, paragraphs 1, 2 and 3. The Committee notes that section 3(2)(e) of the Labour Proclamation excludes the armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws. The Government states in its report that there are no definite measures taken to give adequate protection to these workers other than by means of the special laws governing them. The Government is requested to indicate the reasons for excluding these branches of activity from the Convention and to state the measures taken or envisaged, either through the special laws pertaining to them or by other means, to give adequate protection to workers in these branches of activity. The Committee also requests the Government to continue to supply information on any progress made towards wider application of the Convention with respect to these workers.

Article 2, paragraphs 1 to 3. The Committee notes that section 3(2)(a) to (c) of the Labour Proclamation excludes employment relations arising out of contracts for the purpose of upbringing, treatment, care or rehabilitation, education or training, and those relating to persons holding managerial posts. The Government is requested to indicate the reasons for these exclusions and to continue to supply information, in subsequent reports, on any progress made towards wider application.

Article 11. (a) The Committee notes from the Government's report that section 177 of the Labour Proclamation provides that labour inspectors have overall duty to supervise and ensure that undertakings are not dangerous. It notes, however, that no specific measures are taken to ensure that the determination of conditions governing the design, construction and layout of undertakings is carried out. The Government is requested to indicate the progress made in this regard.

(b) The Committee notes that inspectors are to classify dangerous trades or undertakings and that, under section 170 of the Labour Proclamation, the Minister of Labour is to issue directives concerning occupational safety and health and the classification of hazardous jobs. The Committee would point out that there is an essential difference between the classification of jobs and the determination of work processes, substances and agents to which exposure is prohibited, limited or made subject to authorization or control. The Government is requested to indicate the measures taken to ensure that work processes, substances and agents to be prohibited, limited or made subject to authorization or control are determined.

(c) The Government is requested to indicate the measures taken to establish and implement procedures for the notification of occupational diseases and accidents.

(d) The Government is requested to indicate the measures taken to ensure that inquiries are held where cases of occupational accidents or diseases appear to reflect situations which are serious.

(e) The Committee notes that section 177 of the Labour Proclamation provides that labour inspectors are responsible for compiling statistics relating to working conditions. The Government is requested to indicate the manner in which it is ensured that the information on measures taken in pursuance of the occupational safety and health policy and on occupational diseases and accidents is published annually.

(f) The Committee notes the Government's indication that the Ministry of Labour and Social Affairs carries out studies on chemical, physical and biological hazards. The Government is requested to provide further information on the introduction of a system to examine these hazards and to provide particulars on the manner in which such a system functions.

Article 12. The Committee notes the Government's indication that specific regulations for the application of this Article of the Convention will be taken by virtue of the authority vested in the Minister of Labour under section 170 of the Labour Proclamation. The Government is requested to indicate the measures taken to regulate those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in accordance with this provision of the Convention.

Article 13 and Article 19(f). The Committee notes the indication in the Government's report concerning section 31 of the Labour Proclamation which permits workers to terminate their employment in the event of an imminent danger threatening the worker's health and section 41 which provides one month's salary to the worker in such cases. The Committee would recall that Article 13 of the Convention is intended to protect workers from undue consequences when they remove themselves from imminent and serious danger and should not necessarily lead to obliging the worker to choose between his or her health and his or her employment. The Government is requested to indicate the measures taken or envisaged to ensure that workers who remove themselves from work situations which they reasonably believe to present imminent and serious danger are protected from any undue consequences.

The Committee also notes that section 93(3) of the Labour Proclamation provides that workers must report situations believed to present a hazard and which cannot be remedied by the worker. The Government is requested to indicate the measures taken to ensure that the employer cannot require workers to return to a situation where there is continuing imminent and serious danger until remedial action has been taken.

Article 14. The Committee notes that section 177(6) of the Labour Proclamation makes the labour inspector responsible for preparing safety training programmes. The Government indicates in its report that an effort will be made to extend a system of education and training in higher technical, medical and professional education once the Advisory Board has been established. The Government is requested to supply information, in its next report, on the progress made in this regard.

Article 15. The Committee hopes that the subsequent regulations referred to in the Government's report will ensure the necessary coordination between various authorities and bodies called upon to give effect to the occupational safety and health policy. The Government is also requested to provide particulars on the coordinating functions to be carried out by the Advisory Board with respect to the occupational safety and health policy once the Board has been established.

Article 17. The Government is requested to indicate the measures taken to ensure collaboration in occupational safety and health matters among two or more undertakings engaged in activities simultaneously at one workplace.

Article 18. The Committee notes that under section 104 of the Labour Proclamation the employer is responsible for providing first aid, transporting an injured worker to the nearest medical centre and notifying the competent authorities. The Government is requested to indicate any other measures taken to ensure that employers deal with emergencies or accidents of a larger scale which might occur.

Article 19. (c) The Committee notes that, under the Labour Proclamation, the employer must instruct workers concerning the hazards involved at the workplace and must appoint a safety officer. The Government is requested to indicate the measures taken to ensure that the employer provides information to the workers' representatives on the measures taken to secure occupational safety and health.

(e) The Committee notes that section 129 permits workers' representatives to bargain collectively concerning the conditions for the protection of occupational safety and health. The Government is requested to indicate the measures taken to ensure that workers have the right to enquire into and are actually consulted by the employer on all aspects of occupational safety and health.

Article 20. The Committee notes from the Government's report that specific regulations would be issued by the Minister to ensure that there is close cooperation in safety committees. The Government is requested to supply information, in its next report, on the progress made in this regard.

Article 21. The Government states in its report that provisions to ensure that Occupational Safety and Health measures do not involve any expenditure for the workers will be taken in subsequent regulations. The Government is requested to supply information, in its next report, on the progress made in this regard.