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The Committee notes with interest the Government’s reply in regards to the conformity of national legislation with Article 8(3) of the Convention through the application of safety thresholds and levels for exposure to noise, vibrations and air pollution under tables Nos 1, 2, 10 and 15 of Ministerial Order No. 211 of 2003 respectively. The Committee further notes that the Government is currently in the process of upgrading Ministerial Order No. 211 of 2003 so as to take account of measures necessary to periodically review and complete the aforementioned tables. The Committee asks the Government to keep the Office informed of any further developments in relation to this.

Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers of the undertaking to accompany labour inspectors. The Committee notes the Government’s response that there is nothing in the national legislation that would hinder representatives of employers and workers from accompanying labour inspectors during their inspections. With reference to the terms of the Convention, the Committee would like to clarify that the provisions of Article 5(4) require that representatives of employers and workers should have the right to accompany labour inspectors during inspections, unless the inspectors consider, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee asks the Government once again to provide further information on the measures taken or envisaged to ensure that, in law and in practice, representatives of the employer and of the workers of the undertaking have the right to accompany inspectors in accordance with the terms of this provision of the Convention.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes the Government’s response in which reference is made to section 1(b), under Chapter two, Book one, of Order No. 211 of 2003, which imposes a responsibility on employers regarding occupational safety and health. With reference to the provisions of the Convention, the Committee would like to clarify that the requirement under Article 6(2) refers to the specific situation where there are several employers at one worksite and that in such a case they shall have the duty to collaborate in order to comply with the prescribed provisions, without prejudice to the responsibility of each employer for the health and safety of their employees. The Committee also notes that the competent authority may prescribe general procedures for this cooperation. The Committee reiterates its request that the Government provide further information on how effect is given to this Article, in law and in practice. The Committee also requests the Government to indicate whether the competent authority has prescribed or envisages prescribing general procedures for this cooperation.

Article 9. Eradication of hazards due to air pollution, noise and vibration. With reference to its previous comment, the Committee notes the Government’s response that the required specifications in national law and practice are industry specific. For further guidance on the application of this provision, please refer to paragraphs 443–509 of the 1987 General Survey Safety in the working environment (available at http://ilo.org/ilolex/english/iloquery.htm). The Committee reiterates its request that the Government provide further information on how effect is given to this Article, in law and in practice.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of occupational accidents and diseases reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

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1. Further to its observation, the Committee notes the Ministry of Health Decree No. 470/1971 on air pollution standards in industrial establishments and associated units, Act No. 453/1954 on industrial, commercial and other establishments, and Act No. 371/1956 on public establishments which the Government has supplied further to previous requests.

2. Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. The Committee notes the Government’s statement that sections 234 and 235 of Labour Code No. 12/2003 provide that employers or their representatives are required to expedite the work of those who are responsible for implementing the provisions and decrees of the Code. The Committee recalls that this Article of the Convention provides that representatives of the employers and workers must have the right to accompany labour inspectors during their inspection, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee reiterates its request to the Government to indicate whether the representatives of employers and workers have the right to accompany labour inspectors on their inspections and whether they can insist on this right if their request is refused by the inspectors.

3. Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes the Government’s statement that the provisions of the Labour Code do not provide any requirement for employers undertaking activities at one workplace to collaborate in order to comply with safety measures ensuring better coordination on safety and health at work. The Committee recalls that, under this Article, employers undertaking activities simultaneously at one workplace have the duty to collaborate in order to ensure that the measures prescribed in the Convention are complied with. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they have the duty to collaborate with the prescribed measures.

4. Article 8(3). Procedures by which criteria and exposure limits are established and regularly revised. Further to its previous comments, the Committee notes that the Government indicates that a committee on safety and health at work is established in each enterprise to examine working conditions, causes of accidents, occupational illness and prevention measures. The Committee recalls that Article 8(3) requires that criteria and exposure limits for air pollution, noise and vibrations at the workplace shall be established, supplemented and revised regularly in the light of current national and international knowledge and data, taking into account any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. The Committee requests the Government to provide information on the exposure limits established by the competent authority for hazards of exposure to air pollution, noise and vibration and the measures taken to supplement and revise them regularly.

5. Article 9. Eradication of hazards due to air pollution, noise and vibration. The Committee notes that sections 204-207 of the Labour Code stipulate that, at the time of selecting the workplaces and enterprise for which permits are delivered, the requirements of environmental protection in accordance with provisions laid down to that end must be taken into account. It notes that a central commission shall be set up at the Ministry of Industry for the purpose of laying down the standards and requirements on the basis of which permits shall be issued to enterprises. The Committee requests the Government to provide information on the conditions laid down or specifications adopted in regard to the technical measures applied to new plants or new processes when they are designed or installed with a view to eradicating, as far as possible, any risks due to air pollution, noise and vibration. It also requests the Government to provide information on the practical application of the Convention in practice and to give information on relevant labour inspection.

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1. The Committee notes the information contained in the Government’s report, as well as the replies to its previous direct requests made in 2000 and 2005. It notes with interest the adoption of a new Labour Code No. 12/2003, and of Decree No. 211/2003 on the required conditions and precautions for the prevention of physical, mechanical, biological, chemical and harmful risks in the working environment in application of section 213 of the Labour Code.

2. Article 8, paragraph 1, of the Convention. Establishment of criteria and exposure limits to air pollution, noise and vibration in the working environment. Further to its previous comments, the Committee notes with satisfaction that sections 8 and 9 of Decree No. 211/2003 give effect to Article 8, paragraph 1, of the Convention.

3. The Committee is addressing a request on certain matters directly to the Government.

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The Committee notes the information provided in the Government's latest report. The Government is requested to provide further information on the following points:

Article 5, paragraph 4. Further to its previous comments, the Committee notes the replies contained in the Government's latest report that the law does not prohibit labour inspectors from being accompanied by employers' representatives and workers' representatives. It notes the statement that labour inspectors, however, prefer not to be accompanied by employers' representatives and workers' representatives so that they are free in performing their duties, and workers are also given the freedom to express their opinions on any complaints brought against employers. In addition, employers do receive the recommendations made by labour inspectors concerning problems that need to be remedied after their debates in the occupational health and safety committees set up within the undertaking, and whose membership is also made up of workers' representatives. Labour inspectors have also the right to ask workers and employers if the need arises. The Committee, however, recalls once again that this provision of the Convention provides that employers' representatives and workers' representatives should generally have the opportunity to accompany inspectors, and the inspector may not provide them this opportunity only if this would be prejudicial to the performance of his or her duties. The Committee requests the Government to indicate whether, irrespective of national practice which could be in conformity with the provisions of the Convention, the representatives of employers or workers have the right, recognized by provisions of national legislation, to accompany labour inspectors on their inspection visits and whether they can have their right respected in case of a refusal of such request by the inspectors. The Committee hopes the Government will furnish the necessary information in this regard.

Article 6, paragraph 2. The Committee notes the replies to its previous comments contained in the Government's latest report that the owner of the undertaking, or the person responsible for its management, is the person who fulfils the conditions needed for occupational health and safety with respect to the workplace and its equipment in his capacity as the owner, or the person responsible for it. The subcontractor, however, is the person who provides the equipment for the personal protection of the workers. Consequently, the responsibility is complementary between them concerning the requirements of protection against the potential hazards at the workplace. The Committee once again recalls that the duty of each employer in such cases to collaborate is without prejudice to his or her responsibility for the health and safety of his or her employees. That responsibility may also be complementary to that of the other employer or employers undertaking activities simultaneously at the same workplace. More broadly, this provision of the Convention calls for employers undertaking activities simultaneously at one workplace to collaborate overall in respect of measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. Please indicate any measures taken or envisaged in this regard.

Article 8, paragraphs 1 and 3. Further to its previous comments, the Committee notes the information contained in the Government's report that Ministerial Order No. 55 of 1983 on the requirements to be fulfilled in the working environment and the levels of exposure to the pollutants in the working environment is currently being amended. The draft Order includes the specific limits of exposure to vibration and that this draft is under final revision before submission to the competent authority of the State. Furthermore, Order No. 55 of 1983 fully provides for the limits of exposure to noise. Please keep the Office informed on any progress made in amending the Order, and please supply a copy of the amended Order. The Committee would be grateful if the Government would provide indications on the measures taken or envisaged for revising the exposure limits to all these hazards in the light of current national and international knowledge and data.

Article 9. Further to its previous comments concerning the law of authorization for the use of equipment and installations which fixes the general specifications for new enterprises and the specifications for each activity, the Committee notes from the Government's report that copies of the laws on Permits No. 453 of 1954, No. 37 of 1956, and No. 373 of 1956 will be communicated to the Office when they are approved by the competent authority. The Committee hopes the Government will not fail to communicate copies of these laws that have been in force already for some time now.

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The Committee notes the information provided in the Government's latest report. The Government is requested to provide further information on the following points:

Article 1 of the Convention. In its previous comments, the Committee noted the indication in the Government's report that the exclusion of domestic workers from the application of the Labour Code only referred to persons undertaking manual work for the owner of a house, such as cooks, governesses, maids, etc. It requested the Government to keep the Office informed of any changes made in the legislation which would ensure the application of the Convention to domestic workers. In its latest report, the Government indicates that the exclusion of domestic workers is in conformity with paragraph 2 of this Article of the Convention. The Government is requested to indicate the manner in which the representative workers' and employers' organizations concerned were consulted with respect to the exclusion of domestic workers from the application of the Convention, in accordance with Article 1, paragraph 2.

Article 5, paragraph 4. In its previous comments, the Committee recalled that this Article of the Convention provided that employer and worker representatives should have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention. It noted that while the inspector may deny this opportunity if he or she considers, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of his or her duties, the general principle embodied in this provision is that representatives of the employer and of the workers should have the opportunity to accompany inspectors. In its latest report, the Government indicates that it is considered preferable that inspectors have the right to carry out inspections without informing the employer. The Committee once again would recall that this provision of the Convention, however, provides that workers' representatives and employers' representatives should generally have the opportunity to accompany inspectors, while the inspector may not provide them this opportunity if considered prejudicial to the performance of his or her duties. It hopes that the Government will take the necessary measures to ensure the application of this provision of the Convention.

Article 6, paragraph 2. The Committee notes the indication in the Government's latest report that a subcontractor must ensure the same treatment for workers of the principal employer as if they were his or her own workers and that the subcontractor and principal employer are jointly responsible. The Committee would once again recall that this provision of the Convention, however, more broadly calls for employers undertaking activities simultaneously at one workplace to collaborate overall in respect of the measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. The Government is requested to indicate any measures taken or envisaged in this regard.

Article 8, paragraphs 1 and 3. The Committee notes the indication in the Government's report that its previous comments concerning the application of this Article with respect to noise and vibration have been brought to the attention of the tripartite commission responsible for elaborating a draft Labour Code. The Government is requested to indicate the progress made in establishing criteria for determining the hazards of exposure to vibration and in revising the exposure limits with respect to noise in the light of current national and international knowledge and data.

Article 9. In its previous comments, the Committee noted the indication in the Government's report that the law concerning authorization for the use of equipment and installations set forth the general specifications for new enterprises and the specifications for each activity. In its latest report, the Government has indicated that it will send copies of the relevant legislation as soon as it arrives from the competent service. The Committee hopes that a copy of the texts of the above-mentioned legislation will be communicated with the Government's next report.

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The Committee notes with interest the information provided in the Government's latest report and the adoption of Decree No. 116 of 1991 concerning the establishment of occupational safety and health bodies at the workplace. The Government is requested to provide further clarification on the following points:

Article 1 of the Convention. The Committee notes the indication in the Government's report that the exclusion of domestic workers from the application of the Labour Code only refers to persons undertaking manual work for the owner of a house, such as cooks, governesses, maids, etc. On the other hand, any work of an industrial nature undertaken at a person's house is covered by the provisions of the Code. Paragraph 1 of this Article, however, provides that this Convention applies to all branches of economic activity. The Government is requested to continue to provide information, in subsequent reports, on any changes made in the legislation which would ensure the application of the Convention to domestic workers.

Article 5, paragraph 4. The Committee notes the indication in the Government's report that inspectors carry out their inspections alone. The Committee would recall that this Article of the Convention provides that employer and worker representatives should have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention. While the inspector may deny this opportunity if he or she considers, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of his or her duties, the general principle embodied in this provision is that representatives of the employer and of the workers should have the opportunity to accompany inspectors. The Committee hopes that the Government will take the necessary measures to ensure that workers and employer representatives have this opportunity and requests the Government to indicate any progress made in this regard.

Article 6, paragraph 2. The Committee notes the indication in the Government's report that the employer is responsible for the safety and health conditions of the workplace, whereas the subcontractor is responsible for furnishing protective equipment to workers. The Committee would once again recall that this provision of the Convention more broadly calls for employers undertaking activities simultaneously at one workplace to collaborate in respect of the overall measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. The Government is requested to indicate any measures taken or envisaged in this regard.

Article 8. 1. Exposure to vibration. Paragraphs 1 and 3. The Committee notes from the Govenment's report that the question of establishing criteria with respect to vibrations is being studied, taking into account present international criteria. The Government is requested to indicate the progress made in this regard and to specify the international criteria taken into account during this review.

2. Exposure to noise. In its previous comments, the Committee noted that section 5(c) of Decree No. 55 of 1983 concerning conditions and protective measures necessary to ensure occupational safety and health at the workplace provides that the employer must take the measures necessary to reduce the level of noise at the workplace and that the levels and duration of exposure to noise shall not exceed the limits set in table 3. Table 3 establishes the maximum duration of exposure to noise exceeding 90dB. The Committee made reference to the ILO's practical directive concerning the protection of workers against noise and vibration at the workplace, 1977, which sets forth a normal warning level threshold limit for exposure to noise at no more than 85dB when no personal protective equipment, such as ear protectors, have been provided. The Government has indicated, in its latest report, that this recommendation will be taken into account when Decree No. 55 of 1983 is amended. The Government is requested to indicate the progress made in this regard.

Article 9. The Committee notes from the Government's report that the law concerning authorization for the use of equipment and installations fixes the general specifications for new enterprises and the specifications for each activity. The Government is requested to provide copies of the relevant laws which set forth the specifications which must be met at the workplace with respect to, in particular, the technical measures which must be taken for the design or installation of new plants or processes which aim at keeping the working environment free, as far as possible, from hazards due to air pollution, noise and vibration.

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The Committee notes with interest the information provided in the Government's first report and requests the Government to provide copies of Decree No. 48 of 1967 regulating the measures necessary to ensure the protection of workers against risks to their health in the workplace and Decree No. 380 of 1975 concerning general requirements for industrial, commercial and other establishments where there exists a high level of noise presenting a risk to health, which were referred to in the Government's report. The Government is also requested to provide further clarification on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes that section 3 of the Labour Code of 1981 excludes domestic workers from the Code's scope of application. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that the provisions of the Convention are applied in respect of domestic workers.

Article 5

Paragraph 3. The Committee notes that section 128 of the Labour Code provides for the creation of occupational safety and health committees in every establishment. The composition of these committees and procedures for their functioning are to be determined by order from the Minister of Manpower and Training. The Government is requested to provide details concerning the composition and functioning of these committees and to indicate, in particular, whether workers' representatives participate on these committees. The Government is also requested to indicate any other steps taken to ensure as close a collaboration as possible between employers and workers in the application of the measures prescribed in pursuance of the Convention.

Paragraph 4. The Government is requested to indicate the measures taken to ensure that employers' and workers' representatives have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

Article 6, paragraph 2. The Committee notes that section 8 of Title III of Decree No. 55 concerning conditions and protective measures necessary to ensure occupational safety and health at the workplace provides that an employer shall be responsible for the work and training of workers engaged by a subcontractor. Article 6, paragraph 2, of the Convention, however, more broadly calls for a general duty for employers undertaking activities simultaneously at one workplace to collaborate in order to comply with the measures prescribed in pursuance of the Convention. The Government is requested to indicate the measures taken or envisaged to ensure collaboration among employers simultaneously involved at the same workplace as concerns measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7, paragraph 2. The Committee notes that section 125 of the Labour Code provides that inspectors of a specialised service for inspecting establishments shall have the powers of officials attached to the courts when supervising the application of provisions relating to occupational safety and health. The Government is requested to indicate the manner in which workers or their representatives can appeal to appropriate bodies concerning protection against occupational hazards due to air pollution, noise and vibration, either through the inspectors of the specialised service or directly to the courts or other competent bodies. Furthermore, the Committee recalls that Article 7, paragraph 2, of the Convention provides that workers or their representatives shall have the right to present proposals and to obtain information and training so as to ensure protection against occupational hazards due to air pollution, noise and vibration. The Government is requested to indicate the measures taken to guarantee workers the right to present proposals and to obtain information and training for protection against these hazards.

Article 8

Paragraph 1. Exposure to vibration. The Committee notes that section 1(c) of Decree No. 55 provides that every enterprise must ensure that machines and equipment which create vibrations are fixed to a base off the floor which absorbs the vibrations in order to reduce the level of vibrations. Section 10 of the Decree provides that the Under-Secretary of State can determine other protective measures, according to the nature of the work, to be taken in enterprises or industry. The Committee also notes that section 115 of the Labour Code provides that the conditions and precautions necessary to ensure protection against the dangers of vibration, inter alia, shall be determined by order of the Minister of Manpower and Training, issued after consultation with the Ministers of Health and the Environment. The Government is requested to indicate the measures taken, either by the Minister of Manpower and Training, the Under-Secretary of State, or other competent body, to establish criteria for determining the hazards of exposure to vibration in the working environment and any exposure limits specified on the basis of these criteria.

Paragraph 2. The Committee notes from the Government's report that the opinion of the Central Advisory Council on Occupational Safety and Health shall be taken into consideration in the elaboration of criteria and fixing of exposure limits in respect of hazards due to air pollution, noise and vibration. The Committee notes that, by virtue of section 115 of the Labour Code, the Minister of Manpower and Training is empowered to determine the precautions necessary to ensure protection against these hazards. The Government is requested to indicate the manner in which, in practice, the opinion of technically competent persons designated by employers' and workers' organisations will be taken into account by the competent authority in the determination of these criteria and exposure limits.

Paragraph 3. The Committee notes from the Government's report that the opinion of national technical committees and the statistics available concerning occupational diseases and accidents are taken into consideration in the elaboration of criteria for determining the hazards of exposure to air pollution, noise and vibration and the fixing of exposure limits. The Government is requested to indicate the measures taken to ensure that current international knowledge and data are also taken into account in making these determinations.

(a) Exposure to noise. The Committee notes that section 5(c) of the Decree provides that the employer must take the measures necessary to reduce the level of noise at the workplace and that the levels and duration of exposure to noise shall not exceed the limits set in table 3. Table 3 establishes the maximum duration of exposure to noise exceeding 90dB. The Government is requested to indicate whether a normal warning level threshold limit has been set for exposure to noise at no more than 85dB without the provision of personal protective equipment such as ear protectors, in accordance with standards recommended by the ILO in its practical directive entitled "The Protection of Workers against Noise and Vibration at the Workplace, 1977".

(b) Exposure to vibration. The Committee had noted under Article 8, paragraph 1, of the Convention that no criteria for determining the hazards of exposure to vibration or exposure limits appear to have been fixed by the competent authority. In this regard, the Committee would call the Government's attention to the ILO directive concerning the protection of workers against noise and vibration which provides practical advice concerning the determination of workplaces where health risks due to vibration may exist and suggests for protective measures against the harmful effects of vibration. The Committee requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to vibration which it trusts will take into account the relevant, current national and international knowledge.

Article 9. The Committee notes that, by virtue of sections 110 and 111 of the Labour Code, the Minister of Environment is empowered to issue requirements which must be met before an industrial activity can be undertaken, subject to the approval of the Ministers of Health, Manpower and Training, Industry, Irrigation and the Interior. It also notes that section 4(II) of Decree No. 55 provides that the installation and use of machines and equipment must be in conformity with the specifications adopted. The Government is requested to indicate the requirements issued or specifications adopted concerning the technical measures for the design or installation of new plants or processes which aim at keeping the working environment free, as far as possible, from hazards due to air pollution, noise and vibration.

Article 11, paragraph 2. The Committee notes that section 122 of the Labour Code provides that regular post-employment medical examinations shall be paid for by the employer. Section 116 of the Code concerning pre-employment medical examination does not indicate who will pay for the examination. In its report, the Government refers to section 119 of the Code which provides that no employer shall demand money from a worker or withhold any portion of a worker's wages for measures necessary to the worker's protection. The Government is requested to clarify that pre-employment medical examinations will be free of cost to the person concerned, even if an employment relationship has not been established.

Article 11, paragraphs 3 and 4. The Government is requested to indicate the measures taken to ensure that workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration is provided with suitable alternative employment or that the worker's income is maintained through social security measures or through other means. The Government is also requested to indicate that the rights of workers under social security or social insurance legislation are not adversely affected by the implementation of the Convention.

Article 13. The Committee notes that, under section 117 of the Labour Code, the worker shall be informed of the hazards involved in the work if the protective measures prescribed are not taken and that the worker shall be instructed in the use of personal protective equipment. The Government is requested to indicate the measures taken to ensure that workers are also given instruction on the measures available, other than the use of personal protective equipment, for the prevention and control of hazards due to air pollution, noise and vibration.