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

1. The Committee notes the information contained in the Government’s first report.

2. Articles 4, 7, 8 and 11 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes that the Government indicates that an Advisory Committee for Occupational Safety and Health was set up in 2002 composed of, inter alia, representatives from relevant public and private entities, as well as of employers and trade union representatives, and its functions include the development of a national policy on occupational safety and health (OSH) for the country intending to regulate activities in all sectors of the economy and to provide a legal and operational framework for its implementation. The Committee hopes that the national policy on OSH and relevant implementing laws and regulations will be developed and adopted in the near future, that provision will be made in this policy for a periodical review of the situation with respect to OSH in the country followed by a consequent adjustment of the national policy as necessary, and that efforts will be made, in this context, to provide for a progressive extension of the activities in this area to cover the functions enumerated in Article 11, paragraphs (a) to (f). The Committee requests the Government to submit copies of the national policy once it has been adopted and to provide further information on the implementing laws and regulations, in particular on the issues further detailed below.

3. With reference to what is stated above, the Committee notes the absence of laws or regulations ensuring the application of several provisions of the Convention, and requests the Government to provide information in its next report on how effect is given to the following provisions of the Convention:

–         Article 5. Scope of the national policy. The five main spheres of action that the national policy on occupational safety and health should cover;

–         Article 6. Institutional functional distribution. The relevant laws and regulations specifying the functions and responsibilities in respect of occupational safety and health of the public authorities, employers, workers and others;

–         Article 12. Responsibilities for “third persons”. The provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–         Article 13. Right to removal from situations representing imminent and serious danger and Article 19, paragraph (f). Obligation to report on situations representing imminent and serious danger. Additional information on the relevant legal provisions giving effect to these provisions;

–         Articles 14 and 19. Education and training on OSH at the national level and at the level of the undertaking;

–         Article 17. Collaboration whenever two or more undertakings are engaged in activities simultaneously at one workplace;

–         Article 20. Arrangements to ensure cooperation between management and workers within the undertaking; and

–         Article 21. Ensuring that occupational safety and health measures do not involve any expenditure for the workers.

4. Part V of the report form and Article 9 of the Convention. Please give a general assessment of the functioning of the labour inspectorate and the manner in which the Convention is applied in practice, including extracts from the reports of inspection services and the information on the number of employed persons covered by the relevant legislation and the number and nature of contraventions reported, etc.