Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Legislation. The Committee notes with interest the information provided by the Government indicating numerous legislative changes which occurred during the reporting period, including the adoption of the Law on Occupational Safety and Health (OSH) on 25 June 2015, which will enter into force on 1 July 2016, the adoption of the Labour Code in June 2012 and of a number of Decrees and Circulars. In this respect, with reference to its previous comments, it notes in particular the information provided on the effect given to Articles 2(2) and (3), 3(e), 5(a) and (b), 11(b), 13 and 19 (b), (c) and (e) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention and to provide copies of relevant legislation adopted during the reporting period.

Article 4 of the Convention. Formulation, implementation and periodic review of a national policy on OSH in consultation with the social partners. The Committee draws the Government’s attention to the fact that the national policy provided for in Article 4 of the Convention entails a dynamic, cyclical process and requires periodic review to ensure that progress including scientific and technological change occurring in the working environment could be incorporated into the national policy. Accordingly, Article 4 provides that the periodic review of the national policy on OSH must be undertaken in consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the manner in which the national policy on OSH is reviewed, in consultation with the social partners, and on the outcome of this review and the consultations held in this regard.

Article 5(e). Protection of workers and their representatives. The Committee notes the Government’s indication that section 140(2) of the Labour Code gives workers the right to remove themselves from work situations where their safety or health is threatened and that pursuant to section 10 of the Trade Union Law, a worker involved in a situation directly affecting their health and life shall be protected by a representative. The Committee draws the Government’s attention to the fact that the information provided is relevant to Article 13 of the Convention, while Article 5(e) concerns the protection of workers and their representatives from disciplinary measures for actions properly taken by them in conformity with national policy, which includes but is not limited to removal from dangerous situations. In this connection, the Committee refers to paragraphs 73–75 of its 2009 General Survey concerning occupational safety and health, on the scope of this Article. The Committee asks the Government to provide information on the manner in which not only workers but also their representatives, are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Article 11(a). Determination of working conditions. The Committee notes the indication that Circular No. 04/2008/TT-BLDTBXH was replaced by Circular No. 05/2014/TT-BLDTBXH dated 6 March 2014, which promulgates the list of machinery, equipment and materials with strict requirements for occupational safety, and that Circular No. 06/2014/TT-BLDTBXH dated 6 March 2014 was issued to provide regulations on the verification of occupational safety techniques over machinery, equipment and materials with strict requirements for occupational safety. However, the Committee notes that no information is provided with regard to the elements, other than technical equipment used at work, enumerated in Article 11(a) of the Convention. The Committee requests the Government to supply a copy of Circular No. 06/2014/TT-BLDTBXH, if possible in one of the working languages of the ILO, and to provide further information on measures taken or envisaged to give full effect to Article 11(a).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that under section 147 of the Labour Code, machinery, equipment and materials with strict requirements on occupational safety must be inspected before being put into use and periodically inspected, during the course of utilization, by the organization of technical inspection of occupational safety. It also notes the list of Decrees, Circulars and Decisions relating to specific items of machinery and materials, including Circular No. 06/2014/TT-BLDTBXH. The Committee requests the Government to indicate the specific provisions of the abovementioned technical standards and procedures, and to provide information on any other measures, which give effect to each paragraph of Article 12.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that multiple undertakings operate on the same worksite in the construction sector, particularly on the site for the hydropower plant, and that they should set up a joint committee for fire-explosion prevention. Additionally, when OSH regulations are violated, the undertakings must interrupt the operation of the site until remedial measures are taken. The Committee wishes to emphasize that collaboration between two or more undertakings engaged in activities simultaneously at one workplace should apply to all sectors of economic activity and cover all of the requirements of this Convention. The Committee reiterates its request that the Government take the necessary measures, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(b), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the Government’s indication that the Inter-ministerial Circular on providing guidance on labour protection and business establishments (No. 14/1998/TTL-BLDTBXH-BYT-TLDLDVN) has been replaced by Circular No. 01/2011/TTLT-BLDTBXH-BYT, dated 10 January 2011, guiding the organization of labour safety and sanitation work in labour-employing establishments. It further notes that this Circular and sections 138 and 151 of the Labour Code provide for collaboration between employers and grassroots trade unions in the field of OSH. However, the Committee notes that sections 13 and 14 of Circular No. 01/2011/TTLT-BLDTBXH-BYT on the organization of labour protection councils apply only to establishments employing over 1,000 workers. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that effect is given to subparagraphs (b), (c) and (e) of Article 19 in all undertakings, including those with no trade unions and those employing less than 1,000 workers.

Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the measures taken to address the high number of accidents occurring in the sectors of construction, mining, electricity and agriculture. It also notes the Government’s indication that workers in the construction sector are still unwilling to use personal protective equipment and that seasonal and manual workers do not necessarily comply with OSH rules and measures. The Committee requests the Government to continue to provide information on measures taken or envisaged to address the abovementioned issues, and to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported.