Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee has noted the information supplied in the Government's report for the period 1987-91 as well as the observations made by the Netherlands Trade Union Confederation (FNV) on the application of the Convention and the Government's reply to these observations, communicated by the Government in March 1992. I. Lifting equipment 1. The Committee notes that the Netherlands Trade Union Confederation (FNV) is reasonably satisfied with regard to the implementation of provisions concerning lifting equipment, but mentions, among its concerns, that lifting equipment should be tested for reliability before the start of each new building project. In its reply, referring, inter alia, to section 141(4) of the Factory and Workplace Safety Regulations 1938 (VBF), the Government indicates that a crane must be checked and tested before the commencement of a new construction project, but not by the KEBOMA foundation, which has been designated only for the periodical checks and tests on mobile and tower cranes; the employers themselves bear the responsibility for carrying out the necessary checks and tests before the commencement of a new construction project. The Committee observes that under Article 12(1) of the Convention, hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use, and under Article 4, a system of inspection is to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry. Noting also the view of the FNV that in general terms, the inspection capacity of the labour inspection services is too limited, the Committee hopes that the Government will indicate the measures taken to ensure that there is maintained a system of inspection adequate to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry, including section 141(4) of the VBF. 2. In its comments, the FNV also points out that a lifting certificate is not required for operators of cranes at certain relevant work sites (for instance carpenters' yards); in its view, this shortcoming should be remedied. The Committee notes that in its reply, the Government indicates that at the moment only the operators of cranes being used on buildings, construction, earth and hydraulic engineering, underground piping and ducts which are under construction, being installed, extended, renovated or demolished or are undergoing maintenance work, have a hoist licence; the notes on section 212 of the VBF indicate that the desirability of the obligation to have a hoist licence in other branches and sectors of industry is being investigated. However, the Government notes that in practice, hoist crane operators often carry out other work in other sectors where the hoist licence does not apply; the group of operations which is carried out by the non-hoist licence holders is relatively small as a result. Referring to Article 13(1) of the Convention, the Committee hopes that the necessary measures will be taken to ensure that every crane driver or hoisting appliance operator is properly qualified, and that the Government will indicate the measures adopted to this end. II. Scaffolding 3. As regards scaffolding, the Committee notes the view expressed by the FNV that while in formal terms, the provisions of the Convention may be met, in practice, the following deficiencies are noted: no specific provisions are made regarding the skills and expertise required of workers who build scaffolds and supervise their construction; there is no periodical inspection of scaffolding equipment nor inspection of scaffolds before building activities start; there is a general obligation for employers to inform workers, but no specific provision for information about scaffolding; the inspection capacity of the Labour Inspectorate is considered insufficient. In its reply, the Government refers to the provisions of section 212ter of the VBF concerning the experience required of workers who build scaffolds, their supervision by an expert, and the regular checking of scaffolds by an expert. The Government further refers to a preliminary draft of a proposed EC directive to amend the Directive of November 1989 concerning safety and health in the use of tools at the workplace (89/655/EEC); under this draft, construction scaffolds must be approved after each assembly at a new location before the commencement of operations; implementation of this amendment directive is expected before the end of 1994. The Government indicates that the general obligation of employers to clearly inform employees on the nature of their work (section 6, Factories Act) means that scaffolders must be extensively informed about everything concerning the construction of scaffolds, and that more detailed information from government authorities are deemed unnecessary. Finally, the Government considers that the Inspectorate of Works has sufficient capacity for the tasks allocated to it, which do not, however, include checking every scaffold construction, since this is the task of an expert, as indicated in section 212ter of the VBF. The Committee takes due note of these indications. It hopes that, in conformity with Article 7(8) of the Convention, the proposed directive to ensure the inspection of scaffolds after each assembly at a new location will soon be made operative, and that the Government will indicate the measures taken to this end. Furthermore, referring to Article 3(a) of the Convention, the Committee hopes that in addition to the general obligation to clearly inform employees on the nature of their work, employers will be required to bring the laws or regulations for ensuring the application of the provisions of the Convention regarding scaffolds to the notice of all persons concerned, i.e. builders and users of scaffolds, in a manner approved by the competent authority. Finally, as regards the capacity of the Labour Inspectorate to ensure the effective enforcement of laws and regulations relating to safety precautions (Article 4 of the Convention), the Committee, noting also the statistical information supplied on the number of violations, closure orders and occupational accidents in the construction industry and building installations companies, looks forward to the Government's sending further information on the relevant activities of the Inspectorate.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.