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

1. The Committee notes the information contained in the Government’s report. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:

–           Ministry of Welfare Decree No. 25/1996 (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health;

–           Ministry of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk, as amended by Ministry of Welfare Decree No. 57/1997 (XII.21) NM;

–         Ministry of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure;

–         Ministry of Welfare Decree No. 4/1997 (II.21) NM as amended by Government Decree No. 143/1997 (IX.3) Korm, and Ministry of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

–         Ministry of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

–         Ministry of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries;

–         Ministry of Industry, Trade and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents; and

–         Ministry of Welfare Decree No. 59/1997 (XII.21) NM.

2. Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

3. Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

4. Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.