Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations. The Committee regrets to note, however, that the Government has not complied with the Committee’s request to submit copies of relevant legislation providing for implementation of the provisions of Article 4 of the Convention. Although the Committee, in a few cases, has been able to find the relevant information in publicly available sources, the Committee is not in a position to fully appreciate the implementation of the provisions of the Convention in the country. The Committee therefore reiterates its request to the Government to submit copies of relevant legislative texts including Act LXXXIII of 1997 (Article 11), Decree No. 58/1997 (XII.21) of the Ministry of Welfare and Decree No. 233/1996 (XII.26), as well as up to date information on relevant technical standards and codes of practice providing for a practical implementation of the Convention (Article 4, paragraph 2). The Committee also notes that the report does not contain replies to all questions raised in its previous comments. It requests the Government to provide further information on the following points.

2. Article 1 of the Convention. Scope and definitions. The Committee notes the new legislation adopted by the Minister of Health, namely Decrees Nos. 25/2000 (IX.30) Eüm-SzCsM regarding air pollution, 18/2001 (IV.28) Eüm regarding noise and 3/2002 (II.8) SzCsM-Eüm regarding vibration. The Government has indicated that Decrees Nos. 25/2000 and 18/2001 do not cover all sectoral activities. The Committee would be grateful if the Government would provide further detailed information regarding the scope of application of the relevant legislation and how adequate protection is ensured for workers in the branches excluded from the relevant legislation.

3. Article 2, paragraph 2. Effect given to the Convention in law and in practice. The Committee notes that the Government refers to a series of directives from the European Community. Against this background, the Committee deems it relevant to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its report in 1997, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. Against this background, the Committee invites the Government to give due attention to the obligations it has undertaken through the ratification of the present Convention.

4. Article 8, paragraphs 1 and 2. Preventive and protective measures. The Committee notes the detailed information regarding the criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as the exposure limits on the basis of these criteria. It also notes the information that this legislation has been discussed and approved by the Work Safety Committee, and that the development of noise level criteria was assisted by the Optics and Acoustics Society (OPAKFI). The Committee would be grateful if the Government would provide further information on how the views of technically competent persons designated by the most representative organizations of employers and workers are taken into account in the areas of air pollution and vibration.

5. Article 9. Technical and organizational measures. The Committee notes the statement by the Government that the requested information is outside the competence of the health sector. The Committee would, however, be grateful if the Government would provide the requested information on particulars of technical or organizational measures prescribed for new plants or processes in design or installation in respect of air pollution or vibration.

6. Article 11, paragraph 3. Provision of alternative employment. With reference to Decree No. 22/2005 of the Minister of Health on the minimum health and security standards applicable to workers exposed to vibration, the Committee notes that in case of damage to health due to vibration, the worker must be transferred to an activity where there is no further exposure to vibration. The Committee notes, however, that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. The Committee requests the Government to provide further information on how the obligation to provide suitable alternative employment is ensured also for workers required to discontinue work involving exposure to air pollution or noise and, for all three contingencies, how it is ensured that workers required to discontinue work are able to maintain their income.

7. Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its previous reports the Government has referred to several decrees adopted in 1997 and 1999 as being relevant in the context of the application of the present Article. The Committee notes, however, that in its most recent report the Government refers only to the more recent Decree No. 26/2000 (IX.30). The Committee also notes that the Government indicates that the reporting obligations regulated in Decree No. 26/2000 (IX.30) does not provide for a reporting obligation for work involving exposure to noise and vibration. The Committee would be grateful if the Government would clarify whether Decree No. 26/2000 (IX.30) replaces or complements legislation referred to in previous reports, and how full conformity with this provision of the Convention is ensured in law and in practice.

8. Article 12. Authorizations by the competent authority. Subject to a clarification whether Decree No. 4/1997 of the Ministry of Welfare is still in force, the Committee notes that while this Decree specifies harmful substances and describes the notification process of the use of these substances, there is no mention of a right of a competent authority to authorize or prohibit the use of these substances. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Committee requests the Government to indicate how full effect is given to this Article in law and in practice.

9. Part IV of the report form. Statistical information. The Committee notes the detailed statistical information provided by the Government concerning preventive inspections carried out. The Committee requests the Government to continue to provide such information and complement it with relevant data on related occupational accidents and diseases.