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

The Committee notes with interest the Government’s reply in regard to the effect given to Article 5(a), (b) and (c) of the Convention. The Committee further notes that the Government is in the process of revising the laws and regulations regarding occupational safety and health and that the newly revised draft law, the Charter for Occupational Safety and Health, is currently being amended so as to be compatible with other national labour-related laws and regulations. The Committee asks the Government to keep the Office informed of any further developments in regard to this and to submit copies of the new legislation once it has been adopted.

The Committee notes the responses provided by the Government with regard to the application, under the current occupational safety and health legislation, of Articles 11, 12 and 18 of the Convention and that the effect given to these Articles is to be addressed in the context of the ongoing revision of the Charter for Occupational Safety and Health. Hoping that the Government will take due account of its comments, the Committee asks the Government to provide further information on the implementation of these provisions in the context of the ongoing revision of the Charter for Occupational Safety and Health in the light of the comments by the Committee in this respect.

Articles 13 and 19(f). Protection of workers in situations presenting an immediate and serious danger. The Committee notes the response provided regarding effect given to Article 19(f) with reference to sections 3 and 5 of Decree Law No. 44/91/M. With reference to the further clarification regarding Articles 13 and 19(f) in paragraphs 145–152 of the 2009 General Survey on Occupational Safety and Health (available in pdf format at http://www.ilo.org/
wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms
_103485.pdf), the Committee notes the references previously made to sections 7(1)(c) and 8(1)(g) of Decree-Law No. 24/89/M, and that read together, they are applied in practice in a way to give effect to these Articles of the Convention. The Committee asks the Government to provide further information regarding the referenced practice and how full effect is given to Articles 13 and 19(f) of the Convention.

Article 19(d). Measures to ensure that workers’ representatives are given adequate information and appropriate training. The Committee notes the Government’s response in regards to training being provided by virtue of section 8(1) of the Administration Regulation No. 24/2004. The Committee further notes the training initiatives run by the Occupational Safety Department. However, the Committee recalls that Article 19(d) provides for arrangements at the level of the undertaking to provide workers and their representatives with appropriate training in occupational safety and health. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to Article 19(d).

Article 17. Collaboration between several employers present in the same workplace. With reference to its previous comments, the Committee notes the Government’s response that the Government has not adopted any relevant legislation, but will begin to conduct studies on the subject. The Committee asks the Government to keep it informed of any further developments in these regards.

Part V of the report form. Application in practice. The Committee notes that the Government refers to the activity reports of the Department of Labour Inspection and the Department of Occupational Health and Safety of the Labour Affairs Bureau for 2005 to 2009, which do not appear to be attached to the Government’s report. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, 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 occupational accidents and diseases reported.