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The Committee notes the Government’s reply in regard to the effect given to Articles 7, 16 and 18 of the Convention. The Committee also notes with interest the adoption of Regulation No. 920/2006 on the organization and implementation of health and safety at workplaces, including detailed provisions concerning risk assessment which give further effect to the Convention. The Committee requests the Government to provide copies of the new legislation and to keep it informed of any further developments.

Article 4 of the Convention. National policy. The Committee refers to the provisions in this Article regarding a periodical review of the national policy on occupational safety and health in the country. The Committee asks the Government to provide further information on any periodical reviews undertaken, informed by an analysis of past performance, and the outcome of any such reviews.

Part V of the report form. Statistical information. The Committee notes the Government’s statistical information, in particular, that the figures presented show that from 2000 to 2003 occupational accidents reported ranged from 960 to 1,070 for men and from 385 to 435 for women, whilst the most recent data in 2009 shows 972 men and 409 women were involved in occupational accidents. This highlights that the number of occupational accidents in 2009 are similar to that of 2000. The Committee further notes that the percentage of severe injury has remained relatively stable. The Committee requests the Government to provide information on measures taken or envisaged so as to decrease the number of occupational accidents and severe injuries in all industries. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

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1. The Committee notes the detailed information in the Government’s reports, including the information on new legislation up to and including Regulation No. 1001/2004, as well as the statistical information provided in reply to the request in Part V of the report form. The Committee notes with interest that the Government’s report responds to the Committee’s previous requests in regard to Articles 1, 4, 6, 8, 11, 12, 13, 15, 16 and 17 of the Convention. The Committee requests the Government to provide further information on the following points:

2. Article 7 of the Convention. Risk assessment. The Committee notes with interest Act No. 68/2003 that requires the carrying out of a risk assessment in the workplace. It notes the Government’s indication that it proposes to give special attention to activities where workers are exposed to greater safety and health risks than other workers and that further detailed rules to govern the preparation of risk assessments are being developed. The Committee requests the Government to provide additional information on the application in practice of these efforts and on progress regarding the development of detailed rules for the preparation of risk assessments.

3. Article 16, paragraph 3. Personal protective equipment. The Committee notes that the Government refers to Regulations Nos. 580/1995 on machinery and technical equipment and 591/1995 on workplace housing in regards to the application of Article 16 of the Convention. The Committee notes, however, that it remains unclear whether the legislation referred to contain an obligation for the employers to provide, where necessary, adequate protective equipment to workers as required in Article 16, paragraph 3. The Committee would be grateful if the Government would specify the relevant legislative provisions regulating the obligation for employers to provide adequate protective equipment to workers in compliance with the Convention.

4. Article 18. Measures to deal with emergencies. The Committee notes the Government’s statement that Act No. 46/1980 provides for measures to deal with emergencies and accidents and measures to be taken by the employers or the safety representatives and to Regulation No. 547/1996 on working environment health and safety in construction sites and other temporary construction work that contains provisions on measures against emergencies. The Committee also notes the Government’s statement that regulations on risk assessment is currently being examined, which will include provisions on requirements for emergency plans. The Committee requests the Government to provide further information on the progress of this draft and trusts that it will contain provisions requiring employers to provide, where necessary, for measures to deal with emergencies and accidents, including adequate first aid arrangements in compliance with this Article of the Convention.

5. Part V of the report form. Statistical information. The Committee notes the information regarding a rise in the number of accidents in the workplace. It further notes the view of the Administration of Occupational Safety and Health that the reason for this development is an increase in the reporting of accidents, rather than in the number of actual accidents. The Committee requests the Government to continue to provide relevant statistical data regarding the accident rate in the workplaces, including, as appropriate, a more detailed analysis of the causes for the increase in the accident rate.

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The Committee notes the detailed information provided by the Government in its report, in particular the measures taken in order to give effect to Articles 5(e), 11(c) and (e) and 14 of the Convention.

The Committee requests the Government to supply clarifications on the following points:

Article 1, paragraph 3, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that no new development has occurred with respect to the branches excluded from the Convention (air traffic, maritime fishing and shipping and diving). It requests the Government to supply information on any progress made towards wider application of the Convention to such excluded branches.

Article 8. The Committee notes from the Government's report the list of regulations issued by the Ministry of Social Affairs under sections 34 and 38 of the Working Environment, Health and Safety in the Workplace Act (LWEHSW), No. 46 of 1980. The Government is requested to supply a copy of these regulations. Noting that the Administration of Occupational Safety and Health (AOSH) is drafting regulations on the minimum safety and health requirements for workplaces under section 43 of Act No. 46 of 1980, the Committee requests the Government to provide a copy of the future regulations once they have been adopted.

Article 11(a) and (b). The Committee notes from the Government's report that the content of this Article of the Convention and, in particular, of subparagraph (a) is being dealt with in the draft regulations on the minimum safety and health requirements for workplaces. The Committee hopes that the mentioned text would give effect to all the provisions of this Article.

The Committee also notes from the Government's report that, in conformity with subparagraph (b) of this Article, codes of practice have been drawn up on the transport over land of hazardous goods, and on the transport of such goods in ports. The Government is requested to provide a copy of the text, once it has been adopted, and to supply a copy of the instructions issued by the AOSH, in accordance with section 51 of Act No. 46 of 1980, concerning the production and the treatment of substances and goods which can be dangerous and thus be prohibited, limited or made subject to authorization or control.

Article 13. Concerning the protection from undue consequences of a worker removing himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health, the Government indicates that Act No. 46 of 1980 contains no provisions protecting ordinary wage-earners against redundancy or other harassment which may be traced to their activities concerning health and safety at work. Nevertheless, the Government refers again to sections 25 and 26 of Act No. 46 of 1980.

The Committee notes that section 26 of Act No. 46 of 1980 provides that a worker who is aware of a defect or deficiency which can lead to limited safety must immediately notify the safety representative, the foreman or the employer. In this respect, the Committee refers to its previous analysis of the relevant provisions of the LWEHSW from which it results that articles 26 and 86 of the LWEHSW do not deal with the situation governed by this Article of the Convention. The Government is requested again to indicate the measures taken to ensure that individual workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger are protected from undue consequences.

Article 15. In response to the Committee's previous comments, the Government refers to a situation governed by the Hygiene and Health Inspection Act No. 81/1988 as amended by Act No. 70/1995. The Government is requested to provide a copy of this text with its next report.

Article 16, paragraph 3. The Committee refers to its comments made under Article 8 of the present direct request where the Government is requested to supply a copy of the regulations, issued by the Ministry of Social Affairs, to ensure, in this case, that employers provide the necessary protective clothing and equipment for workers.

Article 18. In response to the Committee's previous comments concerning legislative or other provisions which ensure that employers are required to provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements, the Government refers to article 14 of the LWEHSW which deals with the employers' duties with respect to workers in a normal situation (to inform the employees of all dangers of accidents and health hazards which may be associated with their work; to ensure that the employees receive instruction and training in order to minimize dangers associated with their jobs). The Committee ventures to recall that this Article of the Convention deals with emergency situations and requests the Government to indicate provisions whereby employers are required to take the action called for in this Article.

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The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further information on the following points:

Article 1, paragraph 3, of the Convention. The Committee notes that the Law concerning Working Environment, Health and Safety in the Workplace No. 46 of 1980 excludes certain branches of economic activity, such as air traffic, maritime fishing and shipping and diving. The Government indicates that these activities have been excluded from the Convention and appropriate measures are taken to protect workers under other legislation specific to these activities (the Directorate of Shipping Law No. 51/1970 and Law No. 12/1976). The Government is requested to indicate in subsequent reports any progress made towards wider application of the Convention to these excluded branches of activity.

Article 5(e). The Committee notes from the Government's report that workers' representatives are protected from disciplinary measures as a result of actions properly taken by them under the occupational safety and health policy by virtue of section 9 of Law No. 46, 1980, and section 11 of Law No. 80/1938. The Government is requested to indicate the manner in which workers who do not have any representative status are protected from disciplinary measures in this respect.

Article 8. The Government is requested to supply information on any regulations which might be issued under Law No. 46 either by the Administration of Occupational Safety and Health (AOSH) Board, under sections 7, 34, 38, 40 and 43 or by the Minister of Labour under sections 73 and 81.

Article 11. (a) The Committee notes that section 38 provides that the AOSH Board shall issue more detailed instructions concerning work methods, workplaces, production processes, etc. Under section 93, the AOSH receives applications from all enterprises which are to commence operations or change them and is to determine whether they are in conformity with the law. The Government is requested to indicate, in its next report, whether any instructions have been issued concerning the determination of conditions governing design, construction and layout of undertakings.

(b) The Committee notes that under section 51 of Law No. 46, the AOSH may prohibit the production, transportation and use of dangerous substances and goods. The Government is requested to indicate whether any work processes, substances or agents have been prohibited, limited or subject to authorization or control.

(c) The Committee notes that, under section 81 of Law No. 46, employers are to report occupational diseases and accidents to the chief of police or to the AOSH within 24 hours. The Government is requested to indicate the measures taken to ensure that annual statistics concerning occupational accidents and diseases are published.

(e) The Government is requested to indicate the measures taken to ensure the publication of information on the measures taken in pursuance of the policy on occupational safety and health and on occupational accidents and diseases.

Article 13. The Government has indicated in its report that section 26 of Law No. 46 provides that a worker who is aware of a defect or deficiency which can lead to limited safety must immediately notify the safety representative, foreman or employer. Once the incident has been reported, it is the duty of the safety representative to halt the operation or remove the workers if it is indeed exposing them to a serious danger. Furthermore, workers who remove themselves upon the instruction of the safety representative are not responsible for any kind of damage which may have occurred. The Government is requested to indicate the measures taken to ensure that individual workers (even if they have not been able to notify a foreman or safety representative) who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger are protected from undue consequences.

Article 14. The Committee notes the indication in the Government's report that various methods are used to ensure education and training at technical and professional levels of education. The Government is requested to indicate the methods used.

Article 15. The Committee notes that Chapter XII of Law No. 46 sets forth the duties and provides for coordination among the various authorities. Section 89 provides that the Minister shall issue instructions concerning the cooperation of the AOSH and other public institutions. The Government is requested to provide information on any instructions issued in this regard.

Article 16, paragraph 3. The Committee notes that section 38(d) provides that the AOSH Board shall issue instructions about the design and use of protective equipment. The Government is requested to indicate the measures taken to ensure that employers provide the necessary protective clothing and equipment for workers.

Article 18. The Government is requested to indicate the provisions which ensure that employers are required to provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements.