Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Repetition

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Legislation. The Committee notes the Government’s indication that the Law on Occupational Safety and Health (No. 92/2007) (hereinafter OSH Law) was amended in 2013. The Committee asks the Government to submit a copy of the amendments to the OSH Law, if possible in one of the working languages of the ILO.

Article 2(2) of the Convention. Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. The Committee notes that the Government’s report is silent as to the effect given to this Article of the Convention. The Committee requests the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for OSH (listed in the Annex of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197)), in addition to the ratified Conventions.

Article 2(3). Ratification of relevant OSH Conventions of the ILO. The Committee notes the Government’s indication that it is always willing to accept initiatives aimed at improving OSH and that any such initiative would be duly considered and discussed in the course of consultations with representatives from the organizations of employers and workers. However, the Committee notes that the Government does not provide any details on these initiatives. The Committee asks the Government to provide detailed information on the initiatives relevant to the possible ratification of OSH Conventions, including any consultations held with the most representative organizations of employers and workers in this regard.

Article 3. Formulation of a national policy and measures taken to promote basic principles. The Committee requests the Government to refer to its comments on the application of Articles 4, 5, 6, 7 and 15 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4. National system for OSH. The Committee notes the information provided by the Government with regard to the inter-sectoral activities held to promote cooperation between institutions. However, the Committee notes that no information is provided on the establishment, maintenance, progressive development and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers, or on the components of this system, listed in Article 4(2) and (3). The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to each paragraph of this Article of the Convention, including specific references to relevant legislation.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged so as to progressively improve OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National programme on OSH. The Committee notes the Government’s indication that the Council on Occupational Safety and Health is responsible for the OSH Strategy, a document based on the premise that preservation and promotion of the health of workers is a fundamental human right and which is the main guideline for OSH development in the country for a given period of time. The Government indicates that the Strategy provides for further action plans in OSH through inter-sectoral activities and dialogue with the social partners and the expert and professional communities, and that the Council and Government are to be notified of the results of the monitoring and assessment of the implementation of the Strategy. The Committee asks the Government to provide further information on the effect given to this Article, in law and in practice, and to indicate the manner in which the Strategy fulfils the requirements provided for in Article 5(1) and (2) with regard to the content of the national programme. It also asks the Government to provide information on the targets and indicators of progress used to evaluate the Strategy and the outcome of consultations held with the social partners in this regard.

Application of the Convention in practice. The Committee refers to the statistical information, provided by the Government in its report under the Occupational Health Services Convention, 1985 (No. 161), according to which 15,687 deficiencies relating to OSH were identified in the course of the 10,699 regular inspections carried out in 2013. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice and to forward extracts of reports, studies and inquiries and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and any actions taken in relation thereto.