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 adoption of Decree No. 211/2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace, in application of section 213 of the Labour Code, which give effect to Article 7, paragraphs 1 to 4 and 6 to 7, and Article 15, paragraphs 2 and 3, of the Convention.

2. Article 3(a) of the Convention. Obligation of the parties to the Convention. The Committee notes the Government’s response to its previous comments indicating that section 217 of the Labour Code gives effect to Article 3(a) of the Convention. It notes that section 217 of the Labour Code obliges the enterprise and its branches to inform the worker of risks inherent in her/his occupation before she/he begins work. The Committee recalls that Article 3(a) of the Convention requires employers to bring to the notice of all persons concerned, in a manner approved by the competent authority, the laws or regulations for ensuring the application of the general rules set forth in Parts II to IV of the Convention and to the model safety regulations attached to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. The Committee again requests the Government to indicate the measures taken or envisaged to ensure application of the Convention on this point, for example by requiring that the text of provisions intended to ensure application of Parts II to IV of the Convention and the aforementioned model regulation are displayed on noticeboards placed in building enterprises.

3. Article 7, paragraphs 5 and 8. General rules as to scaffolds. The Committee notes that section 15 of Decree No. 211/2003 does not cover paragraphs 5 and 8 of Article 7, according to which scaffolds shall not be overloaded and, so far as practicable, the load shall be evenly distributed and that, before allowing a scaffold to be used by her/his workmen, every employer shall, whether the scaffold has been erected by her/his workmen or not, take steps to ensure that it complies fully with the requirements of this Article. The Committee requests the Government to indicate the measures taken or envisaged to give effect to paragraphs 5 and 8 of Article 7 of the Convention.

4. Article 8. Working platforms, gangways and stairways. The Committee notes that the provisions of Decree No. 211/2003 do not give effect to Article 8 of the Convention, contrary to the indications in the Government’s report. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

5. Article 14, paragraph 3. General provisions as to hoisting machines. The Committee notes that the provisions of Decree No. 211/2003 do not cover this paragraph, contrary to the indications in the Government’s report. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

6. Revision of Convention No. 62. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could thus be more appropriate for the current situation in the building sector. It also recalls that the Governing Body of the International Labour Office invited States parties to Convention No. 62 to contemplate ratifying Convention No. 167 which shall, ipso jure, involve the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to communicate information on any follow-up given to this suggestion.