Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

With reference to the observation, the Committee takes note of the information provided by the Government in its report. The Committee requests the Government to provide full particulars on the following point.

Article 6, paragraph 2, of the Convention and Part IV of the report form. The Committee notes the information provided by the Government on the number of inspections carried out in the year 2001 in the different undertakings working on different sectors covered by the Convention. The Committee notes the Government’s indication that the bigger part of employers of micro-, small and medium-sized enterprises, from wholesale trade, agriculture, hotels and restaurants, manufacture of food products and beverages, as well as the manufacture of clothes, do not know the legislation on occupational safety and health and do not comply with the legal provisions for providing occupational health services. However, the employers who know the respective legislation prefer to pay fines, which are ten times less costly than the occupational health services. The Committee therefore observes that the penalties provided to ensure observance of safety and health legislation, do not have a sufficiently dissuasive effect. It recalls that, according to Article 6, paragraph 2, of the Convention, the Government must take the necessary measures, by means of appropriate penalties, to ensure the application of the legislation. The Committee draws the Government’s attention to the importance of establishing effective sanctions, which exert an effective preventive influence against acts contrary to the provisions designed to give effect to the Convention. The Committee therefore hopes that the Government will take the appropriate measures, in order to provide for sufficiently dissuasive penalties to be imposed in cases of violation of legislation concerning occupational safety and health, which constitute the basis for ensuring the effective application of the laws and regulations designed to give effect to the provisions of the Convention. The Committee requests the Government to keep it informed on any progress achieved in this regard.