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Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - United Kingdom of Great Britain and Northern Ireland (RATIFICATION: 1979)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Conventions on the basis of the supplementary information received from the Government this year (see Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148 below), as well as on the basis of the information at its disposal in 2019.
COVID-19 measures. The Committee notes the information provided by the Government on the occupational safety and health measures taken in the context of the COVID-19 pandemic. This includes the measures by the Health and Safety Executive (HSE) (and the Health and Safety Executive Northern Ireland (HSENI)) focused on the provision of information and advice for workers in the health care sector, as well as guidance for employers and workers in managing the risks associated with re-starting business, and proactive inspections. The Government states that throughout the period, the HSE has continued to engage with tripartite stakeholders.
Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the HSE. The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.
Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes the information provided by the Government that it is currently examining the operation of the HSE’s intelligence-led system for targeted inspection visits (the “Going to the Right Places programme”) with a view to informing the future activities of the HSE. The examination of this strategic approach includes benchmarking visits and the Government states that there are further opportunities to improve the targeting. The Committee further notes that the Government provides the requested health and safety statistics in response to its request on the application of Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2) of the Convention. Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.
Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.
Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.
Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.
Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.
Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

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In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.
Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the Health and Safety Executive (HSE). The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.
Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes that the Government provides the requested health and safety statistics in response to its request on the application of the Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above-mentioned Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.
Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.
Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.
Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.
Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.
Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

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The Committee notes with interest the information provided by the Government in its latest report detailing progress made in the application of the Convention in the United Kingdom and Northern Ireland, including information concerning the adoption of regulations further controlling noise and vibration at the workplace; the consolidation of regulations controlling the use of asbestos; a number of practical guidance materials assisting in the practical application of the Convention; and funded research programmes focusing, inter alia, on respiratory diseases, skin disease and cancer.

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1. The Committee notes the information contained in the Government's report in reply to its previous comments concerning the application of Article 11, paragraph 1, of the Convention. The Government indicates that there are no measures envisaged by the Government to ensure pre-assignment medical examinations for workers significantly exposed to substances listed in Schedule 6 (formerly Schedule 5) of the Control of Substances Hazardous to Health Regulations 1999 (COSHH). It adds that where employees are exposed to substances listed in column 1 of Schedule 6 and engaged in a process specified in column 2 of Schedule 6, those employees are automatically and immediately subject to health surveillance, to include medical surveillance, under the supervision of an Employment Medical Adviser (EMA) or appointed doctor. The frequency and nature of the surveillance is directed by the EMA or doctor but it must not exceed 12 months. If an EMA or appointed doctor certifies that such an employee should not be engaged in work which exposes him or her to that substance, or that he or she only be so engaged under specified conditions, the employer must comply. The Committee once again recalls that the medical supervision called for under this Article of the Convention includes pre-assignment medical examination, as determined by the competent authority. The Committee recalls that the pre-assignment medical examination would be the appropriate way for the EMA or appointed doctor to determine and certify whether an employee should not be engaged in work which exposes him or her to that substance, or that he or she should only be engaged under specified conditions. The Committee would once again point out that a pre-assignment medical examination would avoid the situation whereby an employee may take up such an assignment only to be certified medically unemployable after the periodic medical surveillance, even if the frequency and nature of such surveillance is directed by the EMA or doctor and that it must not exceed 12 months. The Government is requested to provide indications on the measures envisaged in this regard.

2. Further to its previous comments regarding the situation of noise and the ratification of the Convention in that respect, the Committee notes with interest from the Government's report that the situation continues to be under review, and that the Health and Safety Executive (HSE) is taking forward a review of the relevant unratified ILO Conventions and the ratification of this Convention in respect of noise will be considered in the HSE's prioritized rolling programme for 1998-2001. The Government is requested to continue to keep the Office informed of any progress made in this regard in conformity with Article 2, paragraph 2, of the Convention.

3. Further to its previous comments concerning the situation of vibration and the ratification of the Convention in that respect, the Committee notes with interest that in 1994 the HSE published guidance on hand-arm vibration for managers, technical staff and occupational health professionals which describes the hazard and effects, and gives advice on control programmes, vibration reduction, measurement and health surveillance. This has been supplemented by a book of case studies of methods of reducing vibration, by a range of simple leaflets and by concentrating in 1998/99 on hand-arm vibration in a major awareness campaign on the management of health risks. The HSE also issued simple guidance in 1996 on the risks of whole-body vibration and what employers can do to protect their workers. The Committee also notes with interest the information that the Government continues to keep its position towards the Convention under review with regard to ratification in respect of vibration and that such ratification will be considered in the HSE's prioritized rolling programme for 1998-2001. The Committee requests the Government to continue to keep the Office informed in this respect in conformity with Article 2, paragraph 2, of the Convention.

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1. In its previous comments concerning the application of Article 11, paragraph 1, of the Convention, the Committee noted that regulation 11 of the Control of Substances Hazardous to Health Regulations, 1988, provided for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee recalled, however, that this Article of the Convention also called for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the reiteration in the Government's latest report that the regulations specific to work with asbestos, lead and chemicals require pre-assignment medical examinations. It once again requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the other substances listed in Schedule 5 of the Regulations so as to ensure that, in cases where it might not be medically advisable for a worker to be engaged in work involving exposure to certain hazardous substances (regulation 11(6)), the worker will not be placed in a situation where he or she will have to take up such an assignment until the periodic examination is held as much as one year later (regulation 11(5)).

2. The Committee notes with interest from the Government's report the adoption of the Noise at Work Regulations (Northern Ireland), 1990, implementing the EC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC). In its previous comments, the Committee had noted the Government's indication in its report for the period ending 30 June 1989 that it hoped that the implementation of this legislation, which came into force in Great Britain on 1 January 1990, would enable it to ratify the Convention in respect of noise. In its latest report, the Government has indicated that it continues to keep its position towards the Convention under review with regard to ratification in respect of noise. The Committee looks forward to learning of further developments in this regard.

3. With reference to its previous comments concerning vibration, the Committee notes the indication in the Government's latest report that the Health and Safety Executive intends to publish advisory guidance on hand/arm vibration for managers, technical staff and health professionals, accompanied by leaflets for employers and employees. This information would explain the hazards involved, the measures for minimizing risk, the clinical effects of the disease and measures for monitoring worker exposure. In its report, the Government expressed its hope that the industry would use the non-statutory guidance as a framework to develop more specific advice. The Committee looks forward to learning of further progress along these lines giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2, of the Convention.

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With reference to its previous comments, the Committee notes with satisfaction from the Government's report the adoption and entry into force on 11 April 1991 of the Control of Substances Hazardous to Health Regulations (Northern Ireland), 1990, which introduce a comprehensive and systematic approach to the control of hazardous substances at work and, inter alia, set forth maximum exposure limits and provide for health surveillance, including periodic medical and biological monitoring in prescribed circumstances and the monitoring of exposure to substances hazardous to health by persons having the necessary information, instruction and training. Thus, these regulations provide better legislative backing in Northern Ireland for the implementation of Articles 8 and 15 of the Convention in respect of air pollution.

The Committee is raising other points in a request addressed directly to the Government.

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1. In its previous comments concerning the application of Article 11, paragraph 1 of the Convention, the Committee had noted that, according to comments made by the Trades Union Congress in 1985, medical supervision of workers was not adequately carried out in the United Kingdom and that the existing legislation only affected a small minority of the national workers. The Committee had further noted that, while regulations existed for medical supervision as concerns air pollution in some industries, no generally applicable procedures existed to cover all workplaces which might give rise to occupational hazards due to air pollution. The TUC had indicated that the then draft Regulations concerning the control of substances hazardous to health apparently contained the provisions necessary for the effective application of Article 11. With reference to its observation of this year, the Committee has noted the adoption of these regulations. It notes with interest that regulation 11 provides for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee would note, however, that this Article of the Convention also calls for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the indication in the Government's report concerning regulations specific to work with asbestos, lead and chemicals which require pre-assignment medical examinations. It requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the substances listed in Schedule 5 of the Regulations so as to ensure that when it is not medically advisable for a worker to be engaged in work involving certain exposure to hazardous substances, in accordance with regulation 11(6), the worker will not be obliged to take up such an assignment until the periodic examination is held as much as one year later, in accordance with regulation 11(5).

2. The Committee notes with interest the Government's indication in its report that the legislation necessary to meet the requirements of the EEC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC) came into force in Great Britain on 1 January 1990 and that it is hoped that the implementation of this legislation will make it possible to ratify the Convention in respect of noise. The Committee looks forward to learning of further developments in this regard and requests the Government to continue to supply information on any measures taken to implement the EEC Directive in Northern Ireland, in accordance with Article 2, paragraph 2 of the Convention.

3. With reference to its previous comments concerning vibration, the Committee notes that the Government, while maintaining its position that its knowledge of the risks related to vibration and the precautions needed are insufficient to warrant the legislation required to satisfy the requirements of the Convention, has adopted the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations, 1988, the Agriculture (Field Machinery) Regulations (Northern Ireland), 1985 and, following the adoption of the British Standards 6842:1987 on assessment of vibration exposure, is developing guidance on how risks from hand/arm vibration should be controlled. The Committee looks forward to learning of further progress along these lines in giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2 of the Convention.

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With reference to its previous comments, the Committee notes with satisfaction from the Government's report the adoption and entry into force on 1 October 1989 in Great Britain of the Control of Substances Hazardous to Health (COSHH) Regulations 1988, which introduce a comprehensive and systematic approach to the control of hazardous substances at work, and, inter alia, set forth maximum exposure limits and provide for health surveillance, including periodic medical and biological monitoring in prescribed circumstances and the monitoring of exposure to substances hazardous to health by persons having the necessary information, instruction and training. Thus, these regulations are to provide better legislative backing for the implementation of Articles 8 and 15 of the Convention in respect of air pollution.

The Committee notes the Government's indication in its report that the Control of Substances Hazardous to Health (Northern Ireland) regulations would be made in 1990 and that these regulations would mirror the provisions contained in the Great Britain COSHH Regulations. The Government is requested to indicate whether the Northern Ireland Regulations for the Control of Substances Hazardous to Health are now in force and to transmit a copy to the Office as soon as the Regulations have been adopted.

The Committee is raising other points in a request addressed directly to the Government.

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