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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information contained in the Government’s report and particularly on the inspections carried out between 2002 and 2004 by the Executive Agency General Labour Inspection.

Article 6(2) of the Convention. Establishment of a system of sufficiently dissuasive penalties. The Committee notes the reply by the Government to its previous direct request according to which it is taking into account the comments made by the Committee concerning the need to establish sufficiently dissuasive penalties for violations of the legislation respecting occupational safety and health. The Committee notes that the highest number of violations concern occupational safety and health standards (75 per cent of all violations reported). Despite the very high number of contraventions, the Committee notes that the Government has not provided any information on adequate penalties to ensure the proper application of the legislation. In this respect, the Committee recalls that measures can only be effective when the penalties involved are sufficiently dissuasive, for example, by imposing very heavy fines on those responsible for violations. The Committee requests the Government to take the necessary measures for the establishment of a system of penalties which will have a preventive, dissuasive and effective impact against violations of the legislation giving effect to the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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1. The Committee notes the information contained in the Government’s report and particularly on the inspections carried out between 2002 and 2004 by the Executive Agency General Labour Inspection.

2. Article 6, paragraph 2, of the Convention. Establishment of a system of sufficiently dissuasive penalties. The Committee notes the reply by the Government to its previous direct request according to which it is taking into account the comments made by the Committee concerning the need to establish sufficiently dissuasive penalties for violations of the legislation respecting occupational safety and health. The Committee notes that the highest number of violations concern occupational safety and health standards (75 per cent of all violations reported). Despite the very high number of contraventions, the Committee notes that the Government has not provided any information on adequate penalties to ensure the proper application of the legislation. In this respect, the Committee recalls that measures can only be effective when the penalties involved are sufficiently dissuasive, for example, by imposing very heavy fines on those responsible for violations. The Committee requests the Government to take the necessary measures for the establishment of a system of penalties which will have a preventive, dissuasive and effective impact against violations of the legislation giving effect to the Convention.

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With reference to the observation, the Committee takes note of the information provided by the Government in its report. The Committee requests the Government to provide full particulars on the following point.

Article 6, paragraph 2, of the Convention and Part IV of the report form. The Committee notes the information provided by the Government on the number of inspections carried out in the year 2001 in the different undertakings working on different sectors covered by the Convention. The Committee notes the Government’s indication that the bigger part of employers of micro-, small and medium-sized enterprises, from wholesale trade, agriculture, hotels and restaurants, manufacture of food products and beverages, as well as the manufacture of clothes, do not know the legislation on occupational safety and health and do not comply with the legal provisions for providing occupational health services. However, the employers who know the respective legislation prefer to pay fines, which are ten times less costly than the occupational health services. The Committee therefore observes that the penalties provided to ensure observance of safety and health legislation, do not have a sufficiently dissuasive effect. It recalls that, according to Article 6, paragraph 2, of the Convention, the Government must take the necessary measures, by means of appropriate penalties, to ensure the application of the legislation. The Committee draws the Government’s attention to the importance of establishing effective sanctions, which exert an effective preventive influence against acts contrary to the provisions designed to give effect to the Convention. The Committee therefore hopes that the Government will take the appropriate measures, in order to provide for sufficiently dissuasive penalties to be imposed in cases of violation of legislation concerning occupational safety and health, which constitute the basis for ensuring the effective application of the laws and regulations designed to give effect to the provisions of the Convention. The Committee requests the Government to keep it informed on any progress achieved in this regard.

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With reference to its previous comments, the Committee notes with satisfaction the adoption of Ordinance No. 7 of 23 September 1999 on minimum requirements for healthy and safe working conditions in workplaces and in the use of working equipment, issued in application of article 7, paragraph 2, of the Act on Safety and Health of 1997. It notes in particular, with satisfaction, that section 21 in conjunction with section 229; section 221, subsection 1; sections 230, 231 and 237; and section 242 in conjunction with section 243 of the above Ordinance, gives effect to the general principles embodied in Articles 7, 12, 13, 15 and 19 of the Convention.

The Committee is addressing a request directly to the Government concerning another point.

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In its previous comment, the Committee had noted the Government's plan to discuss the issues raised in the prior Committee's comments on that matter as well as the Government's intention to elaborate a Labour Safety Bill, after consultations with the social partners. The Committee had also taken note of the Government's indication that it had requested technical cooperation assistance from the Office in the field of occupational safety and health. The Committee had requested the Government to indicate the progress made in elaborating new legislation to give effect to the following provisions of the Convention: Article 7 (maintenance and cleanliness of premises and equipment); Article 12 (sufficient supply of wholesome drinking water available to the workers); Article 13 (sufficient and suitable washing facilities and sanitary conveniences); Article 15 (suitable facilities for changing, leaving and drying clothing); Article 19 (maintenance of the workplace of dispensaries, first-aid posts, first-aid cupboards or boxes). The Committee notes that the Government's latest report does not contain any information in reply to its comment. The Government merely indicated that no amendments have been made as regards legislation in the field of hygiene (commerce and offices).

The Committee would therefore ask the Government to indicate in its next report what progress has been made as regards the elaboration of the Labour Safety Bill as well as the results of the consultations held with the social partners to that end.

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The Committee notes the indication in the Government's latest report that it plans to discuss the issues raised in the Committee's previous comments and envisages drafting a Labour Safety Bill, after consultations with the social partners. The Government has also indicated, in its report, that it has requested technical cooperation assistance from the Office in the field of labour safety and hygiene. The Committee requests the Government to indicate, in its next report, the progress made in elaborating new legislation to give effect to the following provisions of the Convention: Article 7 of the Convention (maintenance and cleanliness of premises and equipment); Article 12 (sufficient supply of wholesome drinking water available to workers); Article 13 (sufficient and suitable washing facilities and sanitary conveniences); Article 15 (suitable facilities for changing, leaving and drying clothing); Article 19 (maintenance at the workplace of dispensaries, first-aid posts, first-aid cupboards or boxes).

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The Committee has taken note of the new Labour Code which entered into force on 1 January 1987. It requests the Government to provide additional information in its next report on the following point:

Articles 7, 12, 13, 15 and 19 of the Convention. The Committee notes that the Labour Code does not contain provisions which apply these Articles of the Convention. It notes that under section 282, the enterprise shall provide conditions of sanitation and medical servicing of the employees in accordance with the sanitary norms and requirements. Please indicate the norms and requirements which have been prescribed and which give effect to these provisions of the Convention.