Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the legal texts provided by the Government and wishes to draw the Government’s attention to the following points.

1. Article 4 of the Convention. In its previous comments, the Committee noted the provisions of the Labour Code which establish the general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and protective measures. In a previous report, the Government indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they were adopted. The Committee notes that the Government has not yet provided any technical instructions respecting noise and exposure limits to air pollution. It hopes that specific measures concerning air pollution and noise will be adopted and forwarded to the Office in the near future and that they will give full effect to the Convention, and particularly to Articles 6, 7, 8, 9, 10, 11, 13 and 15.

2. The Committee notes with interest Instruction No. 4 (1993) respecting occupational health and the protection of workers against vibration. It notes that the Instruction gives partial effect to Articles 6, paragraph 1, 7, paragraph 1, 8, 9, 10, 11, paragraph 1, 13(b) and 16(a).

3. However, the Committee notes that section I(1) and (2) of Instruction No.  4 provide for the organization of a pre-assignment medical examination and periodical examinations every six months of the health of workers assigned to work exposing them to vibration. The Committee recalls that, in accordance with Article 11, paragraph 1, supervision must be provided for workers exposed or liable to be exposed to occupational hazards due to vibration. It requests the Government to indicate whether workers liable to be exposed to vibration are also subject to medical examination.

4. The Committee also wishes to draw the Government’s attention to the application of the following provisions:

Article 5. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers concerned and for ensuring the collaboration of employers’ and workers’ representatives and to accompany inspectors.

Article 6, paragraph 2. The Committee requests the Government to provide particulars of any general procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 11, paragraphs 2, 3 and 4. The Committee noted in its previous comments the statement made in a Government report that periodical medical examinations are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned. Furthermore, the Committee requests the Government to indicate the measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. The Committee once again requests the Government to indicate the measures taken to ensure that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it.

The Committee requests the Government to provide a copy of Law No. 17 (2000) making a second amendment to the Labour Code (No. 71 of 1987), and of Law (No. 28) respecting the National Occupational Health and Safety Commission.