Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

With reference to its observation, the Committee would draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes the provision of section 2 of Order No. 25/1998 (XII.27.) EUM, issued by the Ministry of Health, providing for the legal definition of the term "manual transport of loads" which complies with the definition found in Article 1(a) of the Convention. It further notes the Government’s indication that, although the term "regular manual transport of loads" is not defined legally, it derives from the context in which the provisions of Decree No. 25/1998 stand and, in particular from its section 3, that the regular transport of loads is envisaged by these regulations. The Committee therefore invites the Government to consider, for clarification purposes, the incorporation of the definition "regular transport of loads" into the above Decree. With regard to the term "young worker", the Government indicates that the definition of this term has not yet formed part of the considerations of the occupational safety and health authorities. The Committee accordingly requests the Government to take the necessary measures to provide a definition of the term "young worker" for the purpose of this Convention.

Article 6. The Committee notes that section 54, subsection 2, of the Labour Safety Act, 1993, as a general rule, requires the employer to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees. Based on the results of such an evaluation, the employer must take measures to improve working conditions. In this regard, section 3, subsection 2, of Decree No. 25/1998 prescribes that, if the manual handling of weights by employees is inevitable, the employer must provide, to the extent possible, a place of work where the conditions of such manual handling are the safest and imply no risk to the health of employees. The Committee notes that supplement 1 to the Minister of Health Decree 25/1998 provides for indications as to the characteristics of the place of work, which may increase the risk of back injury. The characteristics enumerated there relate to the lack of space to move the weight, especially vertically, the flooring or the level of the place where the work is performed varies so that the weight must be moved on different levels, the flooring is unstable or the legs have no firm grip, and the temperature, humidity or airing is inappropriate. The Committee states that the provision of a "place of work" where the conditions of manual handling are the safest and imply no risk to the health of employees, although important, does not imply the provision of suitable technical devices in order to limit or facilitate the manual transport of loads, as called for by Article 6 of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

Article 8. The Committee requests the Government to transmit a copy of Ministerial Decree No. 25/1998 (XII.27.) EUM, which was referred to in the observation.

Part III of the report form. The Committee notes the Government’s indication that, pursuant to section 5 of Decree No. 25/1998, the supervision of the application of safety and health legislation is entrusted to the Public Health Care and Medical Officers’ Service (ANTSZ). The tasks, the organizational structure and the methods of operation of the ANTSZ are contained in Act No. XI of 1991 on the Public Health Care and Medical Officers’ Service, as well as in Order No. 7/1991 (IV.26.) NM, as amended by Order No. 59/1997 (XII.21.). The Committee requests the Government to transmit copies of Act No. XI of 1991 on the Public Health Care and Medical Officers’ Service, Order No. 7/1991 (IV.26.) NM and Order No. 59/1997 (XII.21.) in order to enable the Committee to examine the organizational structure of inspection services and the way in which such inspections are carried out.