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Underground Work (Women) Convention, 1935 (No. 45) - Tunisia (RATIFICATION: 1957)

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In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Underground Work (Women) Convention, 1935 (No. 45), the Safety Provisions (Building) Convention, 1937 (No. 62), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 45 in the category of outdated instruments, and it placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action with member States currently bound by Convention No. 45 to encourage them to ratify the up-to-date instruments relating to OSH, including, but not restricted to, the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this field. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Safety Provisions (Building) Convention, 1937 (No. 62)

Articles 2 and 4 of the Convention. Legislation and inspection system. The Committee notes the Government’s indication in its report that the construction and public works sector remains the sector with the highest number of serious and fatal industrial accidents and for this reason the Government has formulated with the social partners a national occupational risk prevention strategy in the sector. The national occupational risk prevention strategy in the construction sector is based on the following components: the setting up of the National Council for Social Dialogue (CNDS); the preparation of a new decree on measures to prevent occupational risks in the construction and public works sector; the preparation of a construction sector inspection guide; the establishment of a worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety; the formulation of regional occupational risk prevention programmes in the construction sector by certain occupational medicine inspection divisions to support construction enterprises in the setting up of risk prevention programmes, including medical monitoring of workers, training and awareness-raising for workers, and improvements in occupational safety, health and hygiene conditions. The Committee requests the Government to provide further information on the establishment of the worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety and also a copy of the regional occupational risk prevention programmes and the construction sector inspection guide. The Committee also requests the Government to indicate whether the decree on measures to prevent occupational risks in the construction and public works sector has come into force and, if so, to send a copy of it.

Articles 6–10. Statistical information. Fall of persons or materials; electrical installations. Further to its previous comment, the Committee notes the statistical information available from the national health insurance fund in 2018 according to which the number of industrial accidents recorded in the construction and public works sector decreased from 3,261 accidents, including 36 fatal accidents, in 2015 to 3,036 accidents, including 33 fatal accidents, in 2018. The Committee notes that, according to this statistical information, the main causes of fatal accidents in 2018 were still falls from height, electrocution, falls of objects, and collisions. The Committee requests the Government to intensify its efforts to protect workers from falls from height, to prevent falls of materials and to prevent dangers arising from electrical installations, in accordance with Articles 7, 8, 9 and 10 of the Convention. It also requests the Government to continue to provide information on the number and classification of accidents covered by the Convention.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Legislation. Further to its previous comment, the Committee notes that the Government has not supplied any information on the draft amended version of Decree No. 68-328 of 1968 concerning hygiene. The Committee requests the Government to indicate whether the draft amended version of Decree No. 68-328 concerning hygiene has been adopted and, if so, to send a copy of it.

Article 6 of the Convention. Inspection system. Further to its previous comment, the Committee notes the statistical information provided in the 2017 report of the labour inspectorate, which indicates that the 18,297 inspections included 2,645 in shops and financial establishments, 36 in public administrative establishments and 197 in public offices and establishments.

Article 18. Protection against noise and vibrations. In view of the fact that there has been no reply from the Government to the Committee’s previous comment on this point and recalling that, according to the information provided by the Government in its previous reports, the standards adopted with regard to noise levels are not legally binding, the Committee once again requests the Government to provide additional information on the measures taken to ensure that these standards are actually applied.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the Government’s report and the reference to section 77 of the Labour Code, as last amended by Act No. 96-62 of 15 July 1996, which prohibits the employment of women, whatever their age, and young persons under 18 years of age on underground work in mines and quarries.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to promote with respect to underground work the ratification of the recent Safety and Health in Mines Convention, 1995 (No. 176), while inviting the States parties to Convention No. 45 to denounce, at the same time, this latter instrument (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

In the light of the foregoing observations, and also considering that the general trend worldwide is to provide protection for women in a fashion that does not infringe their rights to equality of opportunity and treatment, the Committee invites the Government to consider the possibility of denouncing Convention No. 45 and to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers. In this respect, the Committee recalls that according to established practice the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.