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The Committee notes the brief report by the Government reiterating the reference to sections 10 and 107 of the Labour Code which provides the basis for further planned regulation of the issues covered by Convention No. 139 including the development of a list of occupational diseases and arrangements for the payment of damages for disabilities and health injuries. The Committee requests the Government to provide information in its next report on the progress achieved in this respect.

Article 5 of the Convention. Provision of medical examinations. The Committee notes that the Government’s report did not include a response to the comments submitted by various trade unions including the Central Council of National Unions of Afghanistan Employees (CCNUAE), which were transmitted to the Government on 1 June 2006. The Committee notes that in their comments the CCNUAE appears to allege that this Convention is not applied as the Government does not compensate workers for expenses caused by medical treatment of occupational accidents or diseases. With reference thereto, the Committee notes that while issues related to workers’ compensation for accidents and diseases are regulated in other Conventions, the present Convention in Article 5 requires the Government to “take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards”. The Committee requests the Government to respond to the comments raised by the CCNUAE in so far as they concern the application of Article 5 of the Convention.

Part IV of the report form. Application in practice. The Committee notes the information that the Labour Inspection Department regularly checks issues relating to occupational safety and health conditions at workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.

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The Committee notes the brief information provided by the Government concerning the new Labour Code, and notes with satisfaction that sections 10 (general requirement to provide a safe and healthy working environment) and 107 (requirement to use safety equipment to prevent occupational diseases) provide a basis for further regulation of the issues covered by this Convention. It also notes the reference to section 107, paragraphs 1 and 2, which provides that lists of occupational diseases and arrangements for the payment of damages for disabilities and health injuries are to be drawn up. While recognizing the continued challenges and difficulties the new authorities are faced with, the Committee is encouraged by the efforts made by the Government to progress towards the assumption of full responsibility in regard to the Convention and taking the necessary action to bring national laws and regulations into conformity with the occupational safety and health standards contained, inter alia, in the present Convention. The Committee draws the Government’s particular attention to the need for setting up a system for determining carcinogenic substances and agents used at workplaces in the country and which may require the introduction of prohibitions or be made subject to national authorization or control, in accordance with Article 1 of the Convention. The Committee requests the Government to provide information in its next report on the progress achieved in this respect as well as regards further efforts made to give effect to this Convention, including any regulations adopted under sections 10 and 107 of the new Labour Code.

Part IV of the report form. Application in practice. The Committee notes that the Government’s report does not include a response to the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU), which the Committee referred to in its 2006 and 2007 comments on the Convention. The Committee asks the Government to respond to the points raised in the abovementioned observations.

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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 contained in the Government’s report. It notes the Government’s statement that for the moment it is not able to provide legislative measures to ensure the application of the Convention. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the alleged non-application of the Convention. While noting the challenges and difficulties the new authorities are faced with, the Committee is encouraged by the Government’s expressed willingness and hopes that the Government will be able to assume full responsibility in regard to the Convention and take the necessary action to bring national laws and regulations into conformity with the occupational safety and health standards contained, inter alia, in the present Convention. The Committee draws the Government’s particular attention to the need for setting up a system for determining carcinogenic substances and agents used at workplaces in the country and which may require the introduction of prohibitions or be made subject to national authorization or control, in accordance with Article 1 of the Convention. The Committee requests the Government to provide information in its next report on the progress achieved in this respect as well as regards further efforts made to give effect to this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.

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The Committee notes the information contained in the Government’s report. It notes the Government’s statement that for the moment it is not able to provide legislative measures to ensure the application of the Convention. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the alleged non-application of the Convention. While noting the challenges and difficulties the new authorities are faced with, the Committee is encouraged by the Government’s expressed willingness and hopes that the Government will be able to assume full responsibility in regard to the Convention and take the necessary action to bring national laws and regulations into conformity with the occupational safety and health standards contained, inter alia, in the present Convention. The Committee draws the Government’s particular attention to the need for setting up a system for determining carcinogenic substances and agents used at workplaces in the country and which may require the introduction of prohibitions or be made subject to national authorization or control, in accordance with Article 1 of the Convention. The Committee requests the Government to provide information in its next report on the progress achieved in this respect as well as regards further efforts made to give effect to this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.

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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:

In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government’s information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government’s latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee.

The Committee expresses once more the hope that regulations applying the Convention will be adopted and that they will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control in accordance with Article 1 of the Convention and that they will contain provisions on:

-  the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention;

-  the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;

-  measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and

-  the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.

The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.

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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:

In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government’s information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government’s latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee.

The Committee expresses once more the hope that regulations applying the Convention will be adopted and that they will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control in accordance with Article 1 of the Convention and that they will contain provisions on:

-  the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention;

-  the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;

-  measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and

-  the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.

The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.

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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:

In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government’s information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government’s latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee.

The Committee expresses once more the hope that regulations applying the Convention will be adopted and that they will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control in accordance with Article 1 of the Convention and that they will contain provisions on:

-  the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention;

-  the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;

-  measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and

-  the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.

The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.

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In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government's information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government's latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee.

The Committee expresses once more the hope that regulations applying the Convention will be adopted and that they will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control in accordance with Article 1 of the Convention and that they will contain provisions on:

-- the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention;

-- the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;

-- measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and

-- the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.

The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.

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With reference to its previous comments, the Committee notes the Government's indication in its latest report that the provisions of the Convention have been incorporated in the Labour Code and its complementary legislation, particularly the Regulation on main standards for work protection and safety techniques, published in the Official Gazette, No. 670 of 21 July 1988. The Committee would request the Government to transmit to the Office a copy of this Regulation.

The Committee also notes from the Government's report that the Ministry of Labour and Social Affairs has set up a commission to prepare a draft of new regulations on working conditions and safety measures to protect workers from occupational cancer. The Committee hopes that the new regulations will be adopted in consultation with the most representative organizations of employers and workers concerned, in conformity with Article 6 of the Convention, and that the Government will provide a copy of these regulations once adopted. It trusts the new regulations will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to control in accordance with Article 1 of the Convention, and that they will contain definitive provisions on:

- the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the degree of exposure, in accordance with Article 2 of the Convention;

- the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;

- measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and

- the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.

The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.

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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:

In comments it has been making since 1983, the Committee has noted that no specific provisions exist for the application of the provisions of the Convention. In its comments for 1989, the Committee noted the adoption of the new Labour Code, section 115 of which provides for occupational safety and health regulations, rules and standards to be drawn up by the State Committee of Labour and Social Security, the Central Council of Traders Guilds of Afghanistan and the Ministry of Public Health, and requested the Government to provide information on any standards issued under this section to prevent occupational hazards due to carcinogenic substances. In 1990, the Government indicated in its report that a draft of new regulations applying the provisions of the Convention had already been completed and would be adopted in the near future. The Government's report for 1992 referred to several general provisions in the Labour Code. In particular, the Government indicated that, by virtue of section 126 of the Labour Code which calls for the elaboration of a list of occupational diseases, the Ministry of Public Health, with the assistance of the World Health Organization, had established a research centre to investigate occupational diseases.

The Committee would recall that, under Article 6(a) of the Convention, Members ratifying the Convention shall, by laws or regulations or any other method consistent with national practice and conditions and in consultation with the most representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to the provisions of the Convention. The Committee hopes that the Government will take the necessary measures in the very near future to determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorisation or control in accordance with Article 1 and to ensure effect is given to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and the degree and duration of exposure), Article 3 (measures for the protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).

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In comments it has been making since 1983, the Committee has noted that no specific provisions exist for the application of the provisions of the Convention. In its comments for 1989, the Committee noted the adoption of the new Labour Code, section 115 of which provides for occupational safety and health regulations, rules and standards to be drawn up by the State Committee of Labour and Social Security, the Central Council of Traders Guilds of Afghanistan and the Ministry of Public Health, and requested the Government to provide information on any standards issued under this section to prevent occupational hazards due to carcinogenic substances. In 1990, the Government indicated in its report that a draft of new regulations applying the provisions of the Convention had already been completed and would be adopted in the near future. The Government's latest report refers to several general provisions in the Labour Code. In particular, the Government indicates that, by virtue of section 126 of the Labour Code which calls for the elaboration of a list of occupational diseases, the Ministry of Public Health, with the assistance of the World Health Organization, has established a research centre to investigate occupational diseases.

The Committee would recall that, under Article 6(a) of the Convention, Members ratifying the Convention shall, by laws or regulations or any other method consistent with national practice and conditions and in consultation with the most representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to the provisions of the Convention. The Committee hopes that the Government will take the necessary measures in the very near future to determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorisation or control in accordance with Article 1 and to ensure effect is given to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and the degree and duration of exposure), Article 3 (measures for the protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).

[The Government asked to report in detail for the period ending 30 June 1993.]

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The Committee notes the information provided by the Government in its latest reports. In particular, it notes the practical efforts made by the Government through the labour inspection department of the Ministry of Labour and Social Affairs and the Ministry of Public Health to provide pre-employment and periodic medical examinations for workers.

In its comments for 1989, the Committee had noted the adoption of the new Labour Code, section 115 of which provides for occupational safety and health regulations, rules and standards to be set drawn up by the State Committee of Labour and Social Security, the Central Council of Traders Guilds of Afghanistan and the Ministry of Public Health, and requested the Government to provide information on any standards issued under this section to prevent occupational hazards due to carcinogenic substances. In 1990, the Government had indicated in its report that a draft of new regulations applying the provisions of the Convention had already been completed and would be adopted in the near future. The Committee would recall that, under Article 6(a) of the Convention, Members ratifying the Convention shall, by laws or regulations or any other method consistent with national practice and conditions and in consultation with the most representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to the provisions of the Convention. The Committee therefore requests the Government to provide information in its next report on the progress made in adopting regulations which will determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control in accordance with Article 1 and which shall give effect to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and the degree and duration of exposure), Article 3 (measures for the protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).

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In its previous comments, the Committee noted the adoption of the new Labour Code and the Government's indication that the Ministry of Public Health was considering the measures necessary to prevent occupational hazards due to carcinogenic substances and agents in the light of the Convention. The Committee notes from the Government's latest report that the process of applying the provisions of the Convention are under way and that a draft of new regulations has already been completed and will be adopted in the near future. The Committee trusts that the draft regulations will determine the carcinogenic substances and agents which shall be prohibited or regulated in accordance with Article 1 of the Convention and that they will give full effect to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and degree and duration of exposure), Article 3 (protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).

The Committee requests the Government to transmit a copy of these regulations and any other regulations, rules or standards concerning occupational safety and health issued under section 115 of the Labour Code, to the Office as soon as they are adopted.

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1. With reference to its previous direct request, the Committee notes from the Government's report that a new Labour Code has been adopted and that the Ministry of Public Health is presently considering the measures necessary to prevent occupational hazards due to carcinogenic substances and agents in the light of the Convention. The Committee hopes that these measures will determine the carcinogenic substances and agents which shall be prohibited or regulated in accordance with Article 1 of the Convention and that they will give full effect to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, number of workers exposed to carcinogenic substances and degree and duration of exposure), Article 3 (protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter). The Committee requests the Government to indicate in its next report the progress made in this regard.

2. Please communicate with the next report a copy of the Decree on the principal standards governing occupational safety and methods of prevention, issued under section 115 of the Labour Code.