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

The Committee notes with interest the detailed information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments giving further effect to the provisions of the Convention, including the Law on Occupational Safety and Health of 10 July 2008, No. 186‑XVI; Regulations on the Procedure of the organization of the activities, aimed at the protection of the employees at the workplace and prevention of the occupational risks, approved by the Decisions of the Government of 5 February 2009, No. 95; Regulations on the organization and functioning of the Committee on Occupational Safety and Health, approved by the Decision of the Government of 5 February 2009, No. 95; and the Code of Offences of 24 October 2008, No. 218 (article 55). The Committee also notes the responses provided indicating effect given to Article 5(b), Article 16(1) and (2), and Article 17 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 5, subparagraph (e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the Government indicated in its previous report that section 13 of the Labour Protection Law provided protection of workers from disciplinary measures. The Committee notes that the Government’s latest report does not specify measures under the Law on Occupational Safety and Health that provide for these protections. The Committee asks the Government to provide information on measures taken or envisaged to give effect to Article 5(e) of the Convention.

Article 12, subparagraph (c). Measures taken by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use in order to keep abreast of the development of scientific and technology knowledge. The Committee notes the information provided by the Government, as in its previous report, indicating that in accordance with section 229 of the Labour Code, enterprises, buildings and other installations, should be designed, built and used in such a way that they comply with the labour protection requirements and do not constitute a danger to the health and life of workers. The Committee reiterates its request that the Government indicate the measures taken or envisaged to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.