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Repetition Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government indicating that labour legislation is currently being reviewed, and that the obligation to provide suitable and sufficient seats for workers has been taken into consideration in the provisions of the future Labour Code. The Committee once again requests the Government to adopt, as soon as possible, appropriate measures in law and practice to ensure that all workers covered by the Convention have sufficient and suitable seats, and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.Article 18. Protection against noise and vibrations. The Committee notes the reference by the Government to sections 15 and 16 of Executive Decree No. 91/05 of 19 January 1991 which states the obligations of employers to reduce the impact of noise on workers’ health, and where this is not possible, to provide such workers with personal protective equipment. The Committee reiterates its request that the Government adopt, as soon as possible, appropriate measures in law and practice to give effect to the provisions of this Article with regards to vibrations, and to keep the Office informed of any progress achieved in this respect.Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes the Government reference to the body in charge of the enforcement of the Convention, the Labour State Inspectorate. However, the information provided does not allow for a general appreciation of the manner in which the Convention is applied to the country. The Committee accordingly once again requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.The Committee takes this opportunity to invite the Government to request ILO technical assistance with the view to ensure an effective application of the Convention. The Committee hopes that such technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the relevant ILO bodies.
Repetition Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government indicating that labour legislation is currently being reviewed, and that the obligation to provide suitable and sufficient seats for workers has been taken into consideration in the provisions of the future Labour Code. The Committee once again requests the Government to adopt, as soon as possible, appropriate measures in law and practice to ensure that all workers covered by the Convention have sufficient and suitable seats, and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.Article 18. Protection against noise and vibrations. The Committee notes the reference by the Government to sections 15 and 16 of Executive Decree No. 91/05 of 19 January 1991 which states the obligations of employers to reduce the impact of noise on workers’ health, and where this is not possible, to provide such workers with personal protective equipment. The Committee reiterates its request that the Government adopt, as soon as possible, appropriate measures in law and practice to give effect to the provisions of this Article with regards to vibrations, and to keep the Office informed of any progress achieved in this respect.Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes the Government reference to the body in charge of the enforcement of the Convention, the Labour State Inspectorate. However, the information provided does not allow for a general appreciation of the manner in which the Convention is applied to the country. The Committee accordingly requests once again the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government indicating that labour legislation is currently being reviewed, and that the obligation to provide suitable and sufficient seats for workers has been taken into consideration in the provisions of the future Labour Code. The Committee once again requests the Government to adopt, as soon as possible, appropriate measures in law and practice to ensure that all workers covered by the Convention have sufficient and suitable seats, and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.
Article 18. Protection against noise and vibrations. The Committee notes the reference by the Government to sections 15 and 16 of Executive Decree No. 91/05 of 19 January 1991 which states the obligations of employers to reduce the impact of noise on workers’ health, and where this is not possible, to provide such workers with personal protective equipment. The Committee reiterates its request that the Government adopt, as soon as possible, appropriate measures in law and practice to give effect to the provisions of this Article with regards to vibrations, and to keep the Office informed of any progress achieved in this respect.
Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s report does not contain information on this matter. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Article 14 of the Convention. Suitable seats for workers. The Committee notes the information provided by the Government that workers assigned to activities in commerce and offices have seats which they can use in the context of the work, despite the absence of a legal text in this respect. The Government specifies that the provision of suitable seats to workers forms part of the working conditions without which the workers could not perform their work suitably and effectively. However, the Government indicates that it has noted the Committee’s observation with a view to its integration into the provision of the future Labour Code. The Committee once again requests the Government to adopt suitable regulatory measures to ensure that all workers covered by the Convention have sufficient and suitable seats and the possibility of using them, and to keep the Office informed of any progress achieved in this respect.
Article 18. Protection against noise and vibrations. In its previous comments, the Committee noted the Government’s intention to develop regulations respecting the prevention of risks related to noise and vibrations. However, the Committee notes that the Government’s report does not contain information on this matter. It once again requests the Government to adopt the appropriate regulatory measures as soon as possible to give effect to the provisions of this Article and to keep the Office informed of any progress achieved in this respect.
Part IV of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s report does not contain information on this matter. The Committee accordingly requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying information on the number of workers covered by the legislation in force and extracts from inspection reports indicating the number and nature of the diseases contracted, and also the contraventions reported and penalties imposed.
1. The Committee notes the information contained in the Government’s report.
2. Article 14 of the Convention. Suitable seats for workers. The Committee notes the Government’s information that the provision of sufficient and suitable seats for workers has still not been the subject of regulations or specific measures either under Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine or under the adopted implementing regulations, but that this requirement is fulfilled in practice. The Committee also notes the Government’s statement that it will take preventive measures to reduce or even eliminate the health risks connected with movement, posture and fatigue, in accordance with Article 14 of the Convention. In this context, the Committee asks the Government to adopt suitable regulatory measures to ensure that all workers covered by the Convention have sufficient and suitable seats and also the possibility of using them, and to keep it informed of all progress made in this field.
3. Article 18. Protection against noise and vibrations. Referring to its previous comments, the Committee notes the Government’s information that there is a need to lay down regulations classifying the risks connected with noise and vibrations. To this end, the Government is contemplating the preparation of a regulatory text on the prevention of risks connected with noise and vibrations. In this context, the Committee requests the Government to take the appropriate regulatory measures as soon as possible to give effect to the provisions of this Article and to keep it informed of all progress made in this area.
4. Part IV of the report form. Application in practice. The Committee notes the Government’s information that occupational diseases connected with the risks of noise and vibrations top the list of cases of occupational diseases recorded during the last two years. The Committee therefore asks the Government to indicate the manner in which the Convention is applied in practice, for example by supplying information on the number of workers covered by the legislation in force, extracts from inspection reports indicating the number and nature of diseases contracted, and also contraventions reported and penalties imposed.
1. The Committee notes the information contained in the Government’s report, in particular the adoption of Executive Decree No. 05-11 of 8 January 2005 laying down the conditions of establishment, organization and operation of the health and security service and its functions. It notes, however, that the Decree contains no provisions giving effect to the Articles of the Convention which it addressed in previous comments. The Committee is therefore bound to reiterate its previous observation concerning the following points:
1. Article 14 of the Convention. The Committee notes the information supplied by the Government on the requisite dimensions of the seats to be made available for workers. It reminds the Government that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and that workers shall be given reasonable opportunities of using them. The Committee points out that requirements as to the dimension of the seats do not give effect to Article 14 of the Convention. Noting, moreover, that according to the Government no new regulations have been adopted, the Committee again recalls that Executive Decree No. 91/05 of 19 January 1991, currently in force, establishing general requirements for protection in the area of occupational safety and health, which lays down arrangements for the application of Act No. 88/07 of 26 January 1998, section 19 of which requires seats to be made available only in changing rooms, does not give effect to Article 14 of the Convention. The Committee accordingly trusts that the Government will take appropriate steps to ensure that sufficient and suitable seats shall be supplied for all workers covered by the Convention and that the workers shall be given reasonable opportunities of using them.
2. Article 18. Further to its previous comments on the application of this Article of the Convention, the Committee notes the general information supplied by the Government to the effect that ear protectors are provided in workplaces where it is difficult to reduce noise at source. The Committee notes that section 16 of Executive Decree No. 91/05 of 19 January 1991 states that, where it is acknowledged that the collective measures of protection against noise provided for in section 15 are impossible to implement, suitable individual protection equipment must be made available to the workers. The Committee further notes that ear muffs are to be provided for this purpose. It requests the Government to indicate which provision requires the workers concerned to be provided with ear muffs. The Committee points out to the Government that Article 18 of the Convention requires the adoption not only of measures to reduce the harmful effects of noise but also measures to reduce vibrations likely to have harmful effects on workers. It accordingly requests the Government to provide additional information on the measures taken or envisaged to reduce vibrations likely to have harmful effects on workers.
2. The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.
The Committee notes the Government’s report. Noting the Government’s brief replies to its previous comments, the Committee wishes to draw attention to the following points, on which it would appreciate further information.
The Committee expresses the hope that the Government will adopt the necessary measures as soon as possible to give full effect to the provisions of the Convention.
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:
1. The Committee notes the adoption of Ordinance No. 96-11 of 10 June 1996 amending and supplementing Act No. 90-03 of 6 February 1990 respecting labour inspection, Executive Decree No. 96-209 of 5 July 1996 establishing the composition, organization and functioning of the Occupational Health, Safety and Medicine Council and Executive Decree No. 93-120 of 15 May 1993 respecting the organization of occupational medicine.
2. The Committee notes the Government’s statement in reply to its previous comment that the matters raised have not been covered by new provisions. The Committee recalls that in its previous comments it noted that Executive Decree No. 91-05 of 19 January 1991 issuing general requirements for protection relating to occupational health, safety and the environment, establishes provisions for the application of Act No. 88-07 of 26 January 1998, which does not give effect to the provisions of Article 14 and Article 18 of the Convention. In this respect, the Committee requested information on the following points:
Article 14 of the Convention. The Committee notes that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and workers shall be given reasonable opportunities of using them. Accordingly, their provision only in changing rooms, as provided in section 19 of the above Decree, is not sufficient to give effect to this Article of the Convention. The Committee therefore requests the Government to indicate the manner in which this Article is applied in practice so that all the workers covered by the Convention are given opportunities of using the seats supplied.
Article 18. The Committee notes that section 15 of Executive Decree No. 91-05 of 19 January 1991 does not give full effect to this Article of the Convention. It therefore requests the Government to provide information on the measures which have been taken or are envisaged under section 15 of the above Decree to reduce vibrations which are likely to have harmful effects on workers.
2. The Committee notes the Government's statement in reply to its previous comment that the matters raised have not been covered by new provisions. The Committee recalls that in its previous comments it noted that Executive Decree No. 91-05 of 19 January 1991 issuing general requirements for protection relating to occupational health, safety and the environment, establishes provisions for the application of Act No. 88-07 of 26 January 1998, which does not give effect to the provisions of Article 14 and Article 18 of the Convention. In this respect, the Committee requested information on the following points:
Further to its previous comments, the Committee notes with interest the information supplied in the Government's report and the adoption of Executive Decree No. 91-05 of 19 January 1991 establishing general occupational health and safety provisions to give effect to Act No. 88-07 of 26 January 1988. The Government is asked to provide additional information on the following points in its next report:
1. Article 14 of the Convention. The Commission notes that under section 19 of the Executive Decree seats must be provided in changing rooms. The Committee points out, however, that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and that workers must be given opportunities of using them. The Government is asked to indicate how this Article is applied in practice to ensure that all the workers covered by the Convention are given the opportunity to use the seats made available to them.
2. Article 18 of the Convention. The Government is requested to indicate the measures taken or contemplated to reduce vibrations likely to have harmful effects on workers.
With reference to its observation, the Committee has noted that Act No. 88-07 of 26 January 1988 on occupational health and safety and occupational medicine does not contain any provision applying Articles 14 and 18 of the Convention. It would be grateful if the Government in its next report would indicate the measures taken or envisaged to give full effect to these Articles.
The Committee has also noted that sections 4 and 5 and Chapter III of the Act provide for the adoption of regulations to implement their provisions. Please supply copies of such regulations when adopted.
With reference to its previous comments, the Committee notes with satisfaction that Act No. 88-07 of 26 January 1988 on occupational health and safety and occupational medicine gives effect to the various provisions of the Convention. The Committee is raising certain points in a request addressed directly to the Government.