CMNT_TITLE

Occupational Safety and Health Convention, 1981 (No. 155) - Algeria (RATIFICATION: 2006)

Other comments on C155

Observation

2017

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Legislation. The Committee notes the legislation which gives effect to Articles 11(d) and 19(a), (b), (c) and (e) of the Convention.

Articles 4 and 7 of the Convention. Periodical review of the national policy and the national situation regarding occupational safety and health and the working environment. In its report, the Government refers to section 27 of Act No. 88-07 of 26 January 1988 respecting occupational hygiene, safety and medicine, which institutes a National Occupational Hygiene, Safety and Medicine Council, as well as Decree No. 96-209 of 5 June 1996 setting out the composition, organization and operation of this Council. Act No. 88-07 provides in this respect that the Council shall be responsible, firstly, for participating, through recommendations and opinions, in the establishment of annual and pluri-annual programmes for the prevention of occupational risks and for coordinating the programmes implemented; and, secondly, for examining the periodic assessments of the programmes carried out and for providing opinions on the results obtained. The Committee also notes that the workers’ and employers’ representatives, who are equal in number on the Council, are appointed respectively upon the proposal of the most representative workers’ and employers’ organizations at the national level (sections 3 and 4 of the Decree) and that the Council shall meet at least twice a year (section 7 of the Decree). The Committee recalls that the review of the national policy on occupational safety and health, as provided for in Article 4 of the Convention, depends on and should be informed by the review, either overall or in respect of particular areas, of the national situation regarding occupational safety and health with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results, as provided for in Article 7 of the Convention (see the 2009 General Survey on occupational safety and health, paragraphs 76–78). The Committee would be grateful if the Government would provide further information on the work of the National Occupational Hygiene, Safety and Medicine Council with regard to the review of the national policy on occupational safety and health and particularly on the evaluation of annual and pluri-annual programmes for prevention of occupational risks, the establishment of which is provided for by law, and on the periodic assessments of the implementation of these programmes, as well as the action taken as a result of this work.

Article 5(a) and (b). Testing the material elements of work and adaptation of the work environment to the workers. Following up on its previous comments, the Committee notes that, under Act No. 88-07, referred to above, the safety of workers shall be ensured with regard to the workplaces (sections 4 and 5), installations, machines, mechanisms, appliances, tools and equipment, materials and all other elements of work, as well as the techniques and technologies used and the organization of the work (section 7). It also notes that regulatory decrees have been adopted setting out general protective measures applicable in the area of occupational safety and health (Executive Decree No. 91-05 of 19 January 1991), and preventive measures against electrical risks (Executive Decree No. 01-342 of 28 October 2001) and against risks related to hazardous substances, products and preparations (Executive Decree No. 05-08 of 8 January 2005). The Committee requests the Government to provide information on any specific measures set out in national legislation or policy, firstly, to eliminate the source of potential risks related to the material elements of work, in accordance with Article 5(a) of the Convention and, secondly, to take into consideration the relationships between the material elements of work and the persons who carry out or supervise the work, as provided for in Article 5(b) of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Noting that the Government does not provide the information requested regarding subparagraphs (a) and (c) of Article 12, the Committee asks the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee recalls its previous comments in which it noted that section 34 of Act No. 88-07 provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes, so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger are authorized to take all the necessary measures. In the absence of a reply from the Government on this point, the Committee repeats its request to the Government to provide information on any measures taken to guarantee the protection of workers from undue consequences when removing themselves from situations presenting an imminent and serious danger, in accordance with Articles 13 and 19(f) of the Convention.

Article 20. Measures taken to ensure cooperation between management and workers within the undertaking. The Committee notes that the Government makes reference to section 27 of Act No. 88-07, mentioned above, which institutes a National Occupational Hygiene, Safety and Medicine Council, comprising workers’ and employers’ representatives appointed at the national level. It also notes that, in accordance with sections 23–26 of Act No. 88-07, joint safety and health committees shall be instituted in establishments employing over nine workers and safety and health delegates in establishments employing up to nine workers, while bodies responsible for additional functions can also be set up in the enterprise. The Committee also notes that the functions and composition of these bodies shall be determined by regulation. In this respect, it draws the Government’s attention to the guidance contained in Paragraph 12 of the Occupational Safety and Health Recommendation, 1981 (No. 164), which provides details, by way of illustration, of the types of measures essential to facilitate cooperation between employers and workers in the enterprise. The Committee requests the Government to provide information on the operation and functions of the joint safety and health committees, safety and health delegates, and the bodies responsible for additional functions, and to provide a copy of any relevant texts on this point.

Part V of the report form. Application in practice. In the absence of a reply from the Government on this point, the Committee once again requests it to provide a general appreciation of the manner in which the Convention is applied in the country, attaching 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, the number, nature and cause of the accidents reported, etc.