Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Further to its observation, the Committee notes the information provided in the Government’s report indicating that the entire Labour Code has been recodifed by Decree No. 2008-244. With regard to the application of the Convention, the Committee notes that the Government has indicated that regulations on risks associated with chemical agents have been strengthened, and EU Directives establishing lists of limit values for occupational exposure have been transposed, by Decrees Nos 2006-133, 2007-1539 and 2009-1570. The Committee also notes the information that there has been a consolidation of regulations concerning noise under Decree No. 2006-892. The Committee further notes the references by the Government to a number of provisions in the Labour Code which specify preventive technical measures to be undertaken by the employer to eliminate or reduce, to the extent possible, risks related to exposure by air pollution, noise and vibrations, thereby giving effect to Article 9. The Committee asks the Government to continue to provide information on legislative amendments undertaken with regard to the Convention.

Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers to accompany inspectors. The Committee notes the reference by the Government to section L.4612-7 of the Labour Code, which indicates that representatives of workers have the right to be informed by the employer of the presence of inspectors and be able to present their observations. The Committee asks the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and of the workers have the opportunity to accompany inspectors.

Article 7(2). Right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies. The Committee notes the reference by the Government to section L.2313-1 of the Labour Code, which gives representatives of workers the right to submit individual or collective claims to the employer, and to refer all complaints and observations to the workplace inspector. The Committee asks the Government to provide further information on the measures taken in law and in practice to ensure that both workers and their representatives have the right to present proposals, obtain information and training, and to appeal to appropriate bodies.

Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes the information provided by the Government indicating that there are no obligations which require notification to the competent authorities on the use of processes, substances, machinery and equipment which involve exposure to air pollution, noise or vibrations. The Committee does note, however, that by Order of 27 October 2009, devices designed to reduce noise and vibrations that are sold separately must meet all relevant technical requirements and be certified. The Committee asks the Government to provide further information on other measures in place requiring the use of certain processes, substances, machinery or equipment to be notified to the competent authority.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the activities undertaken by the labour inspectorate in 2009, including the number of notices and fines issued, and observations written up, disaggregated by type of hazard. The Committee notes that 37 fines were issued concerning correct ventilation and sanitation in relation to air pollution. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and in particular to provide information on the number of workers covered by the legislation; the number and nature of contraventions reported; the number, nature and causes of accidents and occupational diseases reported, etc; and information on any practical difficulties in the application of the Convention.