Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information supplied by the Government in its reports. It notes the legal instruments adopted in recent years, particularly the Federal Regulations on Occupational Safety and Health and the Working Environment (RFSHMAT), issued by the Ministry of Labour and Social Welfare and published on 21 January 1997.

The Committee notes with interest the information on the measures taken to give effect to the provisions of Article 7, paragraph 1 (organization of health services), Article 10 (professional independence of occupational health services personnel) and Article 12 (regular surveillance workers’ health during working hours).

1. The Committee notes the Government’s reference to section 3, title XI of the Federal Law on Metrology and Standardization. It requests the Government to indicate whether the draft of Instruction No. 24 has been adopted and, if so, to provide a copy of it.

2. Article 5(b), (d), and (e) to (h) (functions to be performed by the occupational health services). The Committee notes the information that, pursuant to section 143 of the RFSHMAT, the operation of the occupational health services shall be conducted in accordance with the corresponding standard, which establishes the following general functions: implementation of the preventive health programmes established in enterprises, in coordination with the preventive occupational safety and health service; issuing opinions on the degree of incapacity and the origin of the occupational disease or accident; advising the employer on occupational health; sending the employer the results of medical examinations to ascertain the fitness of workers; and, cooperating in the guidance or, where appropriate, training of workers in occupational risk prevention. The Committee requests the Government to specify the standard referred to in its report and to provide a copy of it, if available.

3. Article 9 (multidisciplinary nature of occupational health services and cooperation between the latter and other services in the undertaking). The Committee notes that a preliminary draft of a standard (Instruction No. 24) provides for coordination between the preventive medicine services and the preventive occupational safety and health services, and establishes that the services must be multidisciplinary and determined on the basis of potential risk. The Committee requests the Government to indicate the provision that gives effect to this Article of the Convention.

4. Article 15 (requirement to inform occupational health services of occurrences of illness and absence from work for health reasons). The Committee notes that the preliminary draft of a standard (Instruction No. 24) impose on employers the requirement to notify any absence on health grounds to the preventive occupational medicine services. The Committee requests the Government to indicate the provision that gives effect to this Article of the Convention.