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Previous comments: C.187, C.115, C.127, C.139, C.148 and C.62
Further to its observation, the Committee notes the information provided in the Government’s report indicating that the entire Labour Code has been recodifed by Decree No. 2008-244. With regard to the application of the Convention, the Committee notes that the Government has indicated that regulations on risks associated with chemical agents have been strengthened, and EU Directives establishing lists of limit values for occupational exposure have been transposed, by Decrees Nos 2006-133, 2007-1539 and 2009-1570. The Committee also notes the information that there has been a consolidation of regulations concerning noise under Decree No. 2006-892. The Committee further notes the references by the Government to a number of provisions in the Labour Code which specify preventive technical measures to be undertaken by the employer to eliminate or reduce, to the extent possible, risks related to exposure by air pollution, noise and vibrations, thereby giving effect to Article 9. The Committee asks the Government to continue to provide information on legislative amendments undertaken with regard to the Convention.
Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers to accompany inspectors. The Committee notes the reference by the Government to section L.4612-7 of the Labour Code, which indicates that representatives of workers have the right to be informed by the employer of the presence of inspectors and be able to present their observations. The Committee asks the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and of the workers have the opportunity to accompany inspectors.
Article 7(2). Right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies. The Committee notes the reference by the Government to section L.2313-1 of the Labour Code, which gives representatives of workers the right to submit individual or collective claims to the employer, and to refer all complaints and observations to the workplace inspector. The Committee asks the Government to provide further information on the measures taken in law and in practice to ensure that both workers and their representatives have the right to present proposals, obtain information and training, and to appeal to appropriate bodies.
Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes the information provided by the Government indicating that there are no obligations which require notification to the competent authorities on the use of processes, substances, machinery and equipment which involve exposure to air pollution, noise or vibrations. The Committee does note, however, that by Order of 27 October 2009, devices designed to reduce noise and vibrations that are sold separately must meet all relevant technical requirements and be certified. The Committee asks the Government to provide further information on other measures in place requiring the use of certain processes, substances, machinery or equipment to be notified to the competent authority.
Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the activities undertaken by the labour inspectorate in 2009, including the number of notices and fines issued, and observations written up, disaggregated by type of hazard. The Committee notes that 37 fines were issued concerning correct ventilation and sanitation in relation to air pollution. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and in particular to provide information on the number of workers covered by the legislation; the number and nature of contraventions reported; the number, nature and causes of accidents and occupational diseases reported, etc; and information on any practical difficulties in the application of the Convention.
The Committee notes with satisfaction that full effect has been given to Articles 4(1) and 8(3) of the Convention through the adoption of Law No. 2009‑526, which amends section L.4621-1 of the Labour Code, and, as a result, removes the exception for transport enterprises in relation to provisions concerning air pollution, noise and vibrations; and the extension of coverage under Decree No. 2009-781 of provisions concerning prevention against vibrations to extractive industries (mines and quarries).
The Committee is raising other points in a request addressed directly to the Government.
1. The Committee notes the information contained in the Government’s report, and particularly that the provisions of sections L.231-1 and L.231-2 of the Labour Code are applicable to public road transport enterprises, to private transport enterprises and to enterprises for air transport and allied activities, thereby giving effect to Article 1, paragraph 1, of the Convention.
2. Article 4, paragraph 1, and Article 8, paragraph 3. Prevention and control of occupational hazards and protection against such hazards. The Committee notes the adoption of Decree No. 2005-746 of 4 July 2005 respecting safety and health requirements applicable in cases of exposure of workers to risks due to mechanical vibrations (amending the Labour Code). Although the provisions of this Decree strengthen the rules for the protection of the health of workers in relation to hazards due to vibrations, the Committee notes that the Decree’s provisions do not appear to apply to work in mines and quarries, or in rail, road, sea and air transport enterprises. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to secure the protection of workers against occupational hazards due to vibrations in mines and quarries, as well as in rail, road, sea and air transport enterprises.
3. Article 5, paragraph 4, Article 7, paragraph 2, and Article 9. Opportunity for representatives of the employer and of workers to accompany inspectors; right of workers or their representatives to take action to ensure protection against occupational hazards due to air pollution, noise and vibration and the elimination of any hazard due to these risks. The Committee notes that the Government has not provided information on the issues raised previously. It therefore reiterates its request to the Government to provide information in its next report on the application of these Articles of the Convention.
4. Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes that section R.232-8-1(III) of the Labour Code provides that the results of measurements of exposure to noise shall be made available to the labour inspector who is consequently informed of all noisy activities located in an enterprise. The Committee requests the Government to indicate whether effect is given to this Article by a system under which permits may be issued or by establishing conditions for the exercise of activities requiring the use of certain processes, substances, machinery or equipment and, if so, to provide information on its application in practice.
5. Part IV of the report form. The Committee notes the statistical data attached to the report relating to trends in the number of occupational diseases registered between 1994 and 2003, and the results of medical supervision of hazards and analysis of measurements relating to noise at work. The Committee requests the Government to provide additional information on the practical application of the Convention, including relevant extracts of inspection reports and any statistics available on the number of infringements reported and any sanctions imposed.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information supplied by the Government in its report, and particularly the following.
Article 1, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure that the Convention is applied to work in mines and quarries and rail, road, sea and air transport undertakings which are excluded from the scope of the Labour Code by virtue of section L.231-1.
The Committee notes the information supplied by the Government in its report to the effect that some of these areas are subject to particular provisions. The Committee also notes Decree No. 92-711 of 22 July 1992, taken in application of and supplementing the General Regulations for Extraction Industries (RGIE) instituted by Decree No. 80-331 of 7 May 1980, revised, which contains provisions relating to the prevention of hazards due to noise in mines and quarries. The Committee also takes note that rail transport is regulated by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 2 which makes applicable to the national railway company (SNCF) the provisions of the Labour Code relating to ventilation and hygiene and by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 3 of 26 July 1999 which makes applicable to the SNCF the provisions of the Labour Code concerning protection of workers against noise.
With a view to ensuring application of the provisions of the Convention to all branches of activity, while taking note of the information supplied, the Committee requests the Government to indicate, in addition to the measures taken, any which have been adopted or are envisaged in regard to road, air and sea transport, with the exception of merchant shipping, and to attach a copy of all applicable texts.
Articles 4(1) and 8(3). In regard to air pollution, the Committee notes Decree No. 97-331 of 10 April 1997 concerning the protection of workers exposed to inhalation of crystalline silica dust at workplaces which sets a maximum level for this type of dust. It also notes that two draft decrees are currently before the Council of State for employees likely to be exposed to agents which are harmful to reproduction. It requests the Government to supply copies of these texts when they are adopted.
In addition, it requests the Government to indicate the measures taken or envisaged in order to ensure by laws or regulations the protection of workers against occupational hazards due to vibration, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibration transmitted both to the upper limbs and to other parts of the body.
Article 9. Further to its previous comments, the Committee notes the draft European directive published in 1993 by the Commission of the European Communities concerning minimum safety and health prescriptions relating to exposure of workers to hazards due to physical agents which is currently under study by the Council of the European Union and which covers vibration. The Committee notes that this text, once adopted, will permit the establishment, by incorporation, of national provisions regulating vibration inter alia. The Committee requests the Government to inform it of any development in this matter and to communicate copies of the texts it envisages adopting or measures it has taken to assess the conformity of these provisions with the Convention. It requests the Government once again to provide information on the technical measures applied for new plant or processors in their design or installation, or added to existing plant or processors to ensure that, as far as possible, the working environment is kept free from any hazard due to vibration.
Article 12. The Committee notes from the Government’s report that Directive 86/188/CEE of 12 May 1986 on the protection of workers against hazards due to noise, the text of which constitutes the source of French law, does not imply an obligation to notify the competent authorities of the use of processes, substances, machines - specified by the competent authority - entailing exposure of workers to hazards due to air pollution, noise or vibration at the workplace. The Committee, however, recalls that application of the provisions of Article 12 of the Convention entails the imposition of such an obligation to notify the competent authorities. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure application of the provisions of this Article.
The Committee notes that the Government has supplied no information on the various points raised previously and therefore reiterates its comments.
Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.
Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 1, paragraph 1, of the Convention. In its previous comments the Committee noted the exclusion from the scope of the provisions of the Labour Code of mines and quarries and rail, road, sea and air transport (section L.231-1 of the Code); it again asks the Government to indicate the measures taken to ensure that the Convention is applied to the above branches of activity, with the exception of merchant shipping, and to provide a copy of the texts that apply.
Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment -- specified by the competent authority -- which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.
Vibration
Articles 4 and 8, paragraphs 1 and 3. The Committee notes with interest the information supplied by the Government in its report concerning the criteria for determining the risks of exposure to vibrations transmitted to the upper limbs and the limits of exposure fixed in this connection by the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (CNRS) in standard no. AFNOR NF E90-402 of October 1986, whose application is optional. It asks the Government to indicate the measures taken or envisaged in order to establish in laws or regulations the protection of workers against occupational hazards due to vibrations, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibrations transmitted both to the upper limbs and to other parts of the body.
Article 9. With reference to its previous comments the Committee once again asks the Government to provide information on the technical measures prescribed for new plant or processes in design or installation, or added to existing plant or processes to ensure that, as far as possible, the working environment is kept free from any hazard due to vibrations.
The Committee notes the information supplied by the Government in its report received in March 1994.
It asks the Government to provide additional information on the following points.
Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment - specified by the competent authority - which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.
With reference to its previous comments concerning the application of Article 10 of the Convention, the Committee notes with satisfaction the provisions of sections R.233-1. R.233-1-3 and R.233-42 of the Labour Code as amended by Decree No. 93.41 of 11 January 1993 which require the head of the establishment to provide workers with suitable personal protective equipment and ensure that it is properly used; to reduce vibrations, by means of personal protective equipment, to levels below those which are harmful to health and safety; and to ensure, by means of the necessary maintenance, repair and replacement, that personal protective equipment is in proper working order and sufficiently hygienic.
The Committee raises certain other points in a request addressed directly to the Government.
I. Article 1, paragraph 1, of the Convention. The Commitee notes the indication in the Government's first report that, after consultation with the employers' and workers' organizations concerned, merchant shipping has been excluded from the application of the Convention. It further notes that L.231-1 of the Labour Code excludes mines and quarries, and railway, road, sea and air transport from the application of its provisions. The Government is requested to indicate the measures taken to ensure the application of the Convention to these branches of economic activity with the exception of merchant shipping.
Article 1, paragraph 3. The Committee notes the indication in the Government's first report that specific measures concerning occupational safety and health in merchant shipping are assured by the country's ratification of the Safety of Life at Sea Convention, 1974, and its Protocol of 1978. The Government further indicates that measures have been taken at the national level by the following texts: Act No. 83-581 of 5 July 1983 on the safety of life at sea, life on board ships and the prevention of pollution; Decree No. 84-810 of 30 August 1984 and the Decree of 27 December 1984 fixing the technical rules and procedures applicable to ships and their equipment with respect to the safety of life at sea, life on board ship and the prevention of pollution. The Government is requested to continue to provide information, in subsequent reports, on any changes in the law and practice in respect of air pollution, noise and vibration in merchant shipping.
II. Article 5, paragraph 4. The Committee notes that L.236-2 of the Labour Code provides that the occupational safety and health committees established at the workplace may undertake inspections. Article 5, paragraph 4, of the Convention, however, provides that representatives of the worker and of the employer shall have the opportunity to accompany inspectors during inspection visits, 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 Government is requested to indicate the measures taken or envisaged to ensure that the representatives of the worker and the representatives of the employer have the opportunity to accompany inspectors.
Article 7, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that workers have the right to apply to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration and to provide particulars on the bodies to which they may apply.
Article 8, paragraphs 1 and 3. 1. Air pollution. The Committee notes that, under L.231-7 and L.233-5 of the Labour Code, ministerial decrees are to be issued regulating the use of dangerous substances and that, as a result, a certain number of decrees have been issued establishing the criteria and specifying exposure limits to harmful substances. The Government is requested to indicate, in subsequent reports, any criteria or exposure limits set with respect to substances which have not already been regulated.
2. Vibrations. The Committee notes the reference in the Government's report to Decree No. 80-1091 of 24 December 1980 concerning tractors and Decree No. 81-131 of 10 February 1981 concerning chainsaws. It notes, however, that these decrees only contain general provisions calling for the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken or envisaged to establish criteria for determining the hazards of exposure to vibrations and to provide particulars on these criteria. The Government is also requested to indicate whether any exposure limits have been set with respect to vibration.
Article 9. The Government is requested to provide particulars of the technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures to ensure that the working environment is kept, as far as possible, free from any hazard due to vibration.
Article 10. The Government is requested to indicate the measures taken or envisaged to ensure the provision of suitable personal protective equipment to protect against the hazards due to vibration when the specified exposure limits have been exceeded.
Article 12. The Government is requested to continue to provide information, in its next report, on any new processes, substances, machinery and equipment, specified by the competent authority, which involve exposure of workers to occupational hazards due to noise and vibration and which must be notified to the competent authority.
The Committee notes with interest the information provided in the Government's report and requests the Government to provide further clarification on the following points:
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee had noted the Government's first report, which only contained information on the application of Article 1, paragraph 2, of the Convention and stated that detailed information concerning the application of the Convention would be supplied later for the period ending on 30 June 1988. As no such information has been received, the Committee trusts that the next report will contain all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.
The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request: