Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the detailed information provided by the Government in its report, in particular the measures taken in order to give effect to Articles 5(e), 11(c) and (e) and 14 of the Convention.

The Committee requests the Government to supply clarifications on the following points:

Article 1, paragraph 3, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that no new development has occurred with respect to the branches excluded from the Convention (air traffic, maritime fishing and shipping and diving). It requests the Government to supply information on any progress made towards wider application of the Convention to such excluded branches.

Article 8. The Committee notes from the Government's report the list of regulations issued by the Ministry of Social Affairs under sections 34 and 38 of the Working Environment, Health and Safety in the Workplace Act (LWEHSW), No. 46 of 1980. The Government is requested to supply a copy of these regulations. Noting that the Administration of Occupational Safety and Health (AOSH) is drafting regulations on the minimum safety and health requirements for workplaces under section 43 of Act No. 46 of 1980, the Committee requests the Government to provide a copy of the future regulations once they have been adopted.

Article 11(a) and (b). The Committee notes from the Government's report that the content of this Article of the Convention and, in particular, of subparagraph (a) is being dealt with in the draft regulations on the minimum safety and health requirements for workplaces. The Committee hopes that the mentioned text would give effect to all the provisions of this Article.

The Committee also notes from the Government's report that, in conformity with subparagraph (b) of this Article, codes of practice have been drawn up on the transport over land of hazardous goods, and on the transport of such goods in ports. The Government is requested to provide a copy of the text, once it has been adopted, and to supply a copy of the instructions issued by the AOSH, in accordance with section 51 of Act No. 46 of 1980, concerning the production and the treatment of substances and goods which can be dangerous and thus be prohibited, limited or made subject to authorization or control.

Article 13. Concerning the protection from undue consequences of a worker removing himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health, the Government indicates that Act No. 46 of 1980 contains no provisions protecting ordinary wage-earners against redundancy or other harassment which may be traced to their activities concerning health and safety at work. Nevertheless, the Government refers again to sections 25 and 26 of Act No. 46 of 1980.

The Committee notes that section 26 of Act No. 46 of 1980 provides that a worker who is aware of a defect or deficiency which can lead to limited safety must immediately notify the safety representative, the foreman or the employer. In this respect, the Committee refers to its previous analysis of the relevant provisions of the LWEHSW from which it results that articles 26 and 86 of the LWEHSW do not deal with the situation governed by this Article of the Convention. The Government is requested again to indicate the measures taken to ensure that individual workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger are protected from undue consequences.

Article 15. In response to the Committee's previous comments, the Government refers to a situation governed by the Hygiene and Health Inspection Act No. 81/1988 as amended by Act No. 70/1995. The Government is requested to provide a copy of this text with its next report.

Article 16, paragraph 3. The Committee refers to its comments made under Article 8 of the present direct request where the Government is requested to supply a copy of the regulations, issued by the Ministry of Social Affairs, to ensure, in this case, that employers provide the necessary protective clothing and equipment for workers.

Article 18. In response to the Committee's previous comments concerning legislative or other provisions which ensure that employers are required to provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements, the Government refers to article 14 of the LWEHSW which deals with the employers' duties with respect to workers in a normal situation (to inform the employees of all dangers of accidents and health hazards which may be associated with their work; to ensure that the employees receive instruction and training in order to minimize dangers associated with their jobs). The Committee ventures to recall that this Article of the Convention deals with emergency situations and requests the Government to indicate provisions whereby employers are required to take the action called for in this Article.