Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraphs 2 and 3, of the Convention. Excluded branches. The Committee notes that, under section 3 of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), activities carried out by members of the armed forces, the police force or by the civil protection services are excluded from the application of the Act. It notes that the occupational health and safety of these workers must be ensured as far as possible in the light of the overall scope of these services. The Committee requests the Government to provide information in its next report on the measures taken to ensure the occupational safety and health protection in respect to air pollution for these branches and to provide copies of relevant regulations.

Article 2. Air pollution, noise and vibration. The Committee notes with interest the adoption in April 2004 of Workplace (Minimum Health and Safety Requirements for the Protection of Workers from Risks Arising from Exposure to Noise) Regulations, 2004 (Legal Notice No. 185 of 2004). It asks the Government to provide information with its next report on the extent to which effect has been given or is proposed to be given to the Convention in respect of the hazard of noise. It also asks the Government to provide information on the measures taken or envisaged to issue special regulations applicable to air pollution and vibration, and whether the Government envisages adopting a legal definition of “air pollution”.

Article 4. Codes of practice. Having previously noted that the Occupational Safety and Health Authority is the responsible authority under the Convention and that, under section 9(2)(e) of Act No. 27 of 2000, it may issue regulations or codes of practice, the Committee requests the Government to provide information with its next report on whether any regulations or codes of practice have been issued with respect to the hazard of air pollution in the working environment and to provide copies of them.

Articles 5, 6 and 7. Collaboration between the authority and the social partners. The Committee notes that Parts II and III require collaboration between the Occupational Health and Safety Authority, employers’ and workers’ organizations with respect to occupational safety and health, and requests the Government to provide detailed information on how the collaboration between the authority and the social partners is carried out in practice.

Article 8. Exposure limits. The Committee notes that section 6(1) of the General Provisions for Health and Safety at Workplaces Regulation, 2003 (Legal Notice No. 36 of 2003) states that employers shall evaluate risks to occupational health and safety in the working environment. However, it notes that there is no reference to determining exposure limits of air pollution, nor is there any reference to procedures whereby the established criteria and exposure limits are to be regularly supplemented and revised in the light of current national and international knowledge and data. The Committee requests the Government to provide information with its next report on the criteria established to determine the limits of hazards of exposure to air pollution in the working environment, taking into account the opinion of the technically competent person designated by the most representative organizations of employers and workers concerned and on measures taken to ensure that these exposure limits are being revised regularly in the light of current national and international knowledge and the measures taken to ensure that the exposure limits to air pollution is respected, as called for by Article 8 of the Convention.

Article 9. Technical measures. The Committee requests the Government to provide information with its next report on the technical measures applied to new plant or processes in design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, as called for by Article 9 of the Convention.

Article 11. Medical examination and alternative employment. The Committee notes that section 16 of Legal Notice No. 36 of 2003 provides for employers’ duty to ensure that a worker is entitled to undergo health surveillance at regular intervals and that this is free of cost to the worker concerned (section 8). It notes the Government’s statement that, when there are no statutory requirements, it is up to a competent person appointed by the employer to determine which particular medical examinations are to be conducted and to which workers/groups of workers this shall apply. However, the Committee must recall that the conditions and circumstances whereby such supervision is provided under the Convention is to be determined by the competent authority and that supervision is to include a pre‑assignment medical examination and periodical examinations. The Committee requests the Government to indicate who or which body constitutes the competent authority or body. It also asks the Government to indicate particulars of the circumstances determined by the competent authority in which supervision of the health of workers is required in order to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodical medical examinations.

With respect to finding alternative employment or means of income maintenance through social security for a worker whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable, the Committee notes the Government’s statement that the Occupational Health and Safety Authority does not deal with conditions of employment. The Committee requests the Government to provide information with its next report on how it is ensured that workers whose continued assignment is medically inadvisable either get alternative employment or income maintenance through social security, as called for in Article 11(3) of the Convention.

Article 12. Notification to competent authority. The Committee notes the Government’s statement that the Occupational Safety and Health Authority is not notified of the intended use of toxic chemicals or materials and that it does not comment on new plants or processes in the design or installation stages. It also notes that the only exception for notification is control of major hazards installations, work that may expose workers to high asbestos counts, the use of radioactive material and for certain construction sites (when work is scheduled to last longer than 30 working days and in which more than 20 workers are occupied simultaneously, or in which the volume of work is scheduled to exceed 500 person-days). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the competent authority is notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution, as called for by Article 12 of the Convention.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that, under section 6(3) of Act No. 27 of 2000 and section 12 of Legal Notice No. 36 of 2003, it is the duty of employers to provide information, instruction, training and supervision of workers, in accordance with the Convention. It requests the Government to provide detailed information with its next report on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which, and the frequency at which, they are provided.

Article 14. Research. The Committee notes that section 9(2)(k) of Act No. 27 of 2000 states that the Occupational Safety and Health Authority shall promote and carry out scientific research aimed at identifying better methods of preventing occupational ill health, injury or death. It asks the Government to provide information with its next report on any research initiative carried out in relation to hazards in the working environment due to air pollution and their results.

Article 16 and Part IV of the report form. Penalties and labour inspection. The Committee notes that section 38 of Act No. 27 of 2000 and section 21 of Legal Notice No. 36 of 2003 ensure that any offence under the legislation may result in a fine or imprisonment. It asks the Government to provide information with its next report as to whether any fine or imprisonment has been imposed and the reasons for doing so.

The Committee notes that sections 15–20 of Act No. 27 of 2000 establish labour inspection services ensuring the application of the legislation and asks the Government to provide information with its next report on the labour inspections that have been carried out and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, disaggregated by sex, if available, the number and nature of contraventions reported, etc.