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The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention, including more stringent limits of occupational exposure to asbestos in the air of the work environment as prescribed by Cabinet Regulation No. 852 of 12 October 2004 on Labour Protection Requirements in Work with Asbestos; and occupational exposure limits of chemical substances in the air of the work environment annexed to Cabinet Regulation No. 325 of 15 May 2007 on Labour Protection Requirements when Coming in Contact with Chemical Substances at Workplaces. The Committee also notes the responses provided with regard to Articles 8(2) and 11(4) of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.
Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards in order to receive authorization. The Committee notes the Government’s response indicating that regulatory enactments do not charge an employer with a duty to apply to the State Labour Inspectorate to request a permit for activities connected with noise, vibration or air pollution, but that an employer is required to observe the requirements and permissible norms prescribed by the regulatory enactments and standards. The Committee notes that section 37 of Regulation No. 852 and section 49 of Regulation No. 325 require an employer to notify the State Labour Inspectorate or the control authorities, prior to the commencement of work with asbestos or dangerous chemical substances. The Committee requests the Government to indicate other measures undertaken or envisaged to ensure that the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, is notified to the competent authority.
1. The Committee takes note of the detailed information provided by the Government in its reports. The Committee would appreciate it if the Government could supply clarifications and supplementary information with respect to the following points.
2. Article 8, paragraph 2, of the Convention. Consultations with technically competent persons. The Government is requested to provide additional information on how the competent authority takes into account the opinion of technically competent persons designated by the most representative organizations of employers and workers.
3. Article 11, paragraph 4. Rights of workers under social security or social insurance legislation. While the Government’s reports contain no information related to the application of this provision, the Committee requests the Government to specify measures ensuring that in the process of the implementation of the Convention, the rights of workers under social security or social insurance legislation shall not be adversely affected.
4. Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards in order to receive authorization. The Committee takes note of the Government’s information about the absence of any legislative provision related to the employer’s obligation to notify the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards due to air pollution, noise or vibration in order to obtain the authorization of the competent authority to use such processes, substances, machinery and equipment. The Committee requests the Government to indicate methods or measures of any kind by which the application of this Article of the Convention is ensured.