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

Article 4(2) of the Convention. Occupations for which medical examination for fitness is required until the age of 21 years. In its previous comments, the Committee noted that, under section 3 of Executive Decree No. 93-120 of 15 May 1993 regarding the organization of industrial medicine (hereafter, Executive Decree on the organization of industrial medicine), an interministerial order of the Ministers responsible respectively for labour and health shall lay down the occupations or workers who are subject to high health risks. The Committee requested the Government to supply a copy of the text. The Committee notes with interest that the Ministerial Order of 9 June 1997, drawing up the list of occupations which involve high health risks, determines in a detailed way the work for which the employer is required to have workers undergo a six-monthly medical examination, in addition to appropriate paraclinical examinations.

Article 6. Physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee noted that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides regulations for appropriate measures for rehabilitation and integration in society of persons suffering from handicaps, and requested the Government to supply a copy of the regulations adopted in application of this legislative provision. The Committee notes the information supplied by the Government to the effect that sections 13 and 14 of the Executive Decree on the organization of industrial medicine provides appropriate measures for adaptation of workstations or transfer of post on the basis of the results of medical examinations. In this regard, the Committee notes more particularly that, pursuant to section 13, clinical and paraclinical examinations are intended in particular to suggest possible adaptations of the workstation and to find posts to which the worker, from the medical viewpoint, can be appointed and which would be most appropriate for him; and that, under section 14, any transfer of post is subject to a further medical examination intended to ensure the fitness of the worker for the post envisaged.

The Committee recalls that under Article 6(1) of the Convention the competent authority shall take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work but also for their physical and vocational rehabilitation. For this purpose, pursuant to Article 6(2), cooperation shall be established between the labour, health, educational and social services, and effective liaison maintained between them. In this regard, the Committee refers to Paragraphs 9 and 10 of Recommendation No. 79 which contains supplementary indications on the measures to be taken by the national authority for enforcing the provisions of this Article of the Convention. The Committee requests the Government to indicate if measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young people found by medical examination to be unsuited for certain types of work. It also requests the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, educational and social services and to maintain effective liaison between them.