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Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Hungary (RATIFICATION: 1994)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 161 (occupational health services), 127 (maximum weight) and 148 (working environment (air pollution, noise and vibration)) together.

Occupational Health Services Convention, 1985 (No. 161)

Articles 8, 9 and 16 of the Convention. Supervision of the operation of occupational health services. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, included in the Government’s report, according to which cost considerations by employers in the employment of private external occupational health services sometimes have a negative effect on the quality of these services. The workers’ representatives indicate that, in practice, occupational health services: (1) do not always cooperate with workers and their representatives, as provided for by Article 8; and (2) are not always of a multidisciplinary nature as required by Article 9. In this context, the Committee also notes the indications made by the workers’ representatives that there are no data on the operation of occupational health services, and that there are no clear regulations on inspections of the relevant service providers. The Committee requests the Government to provide information on the manner in which it ensures the multidisciplinary character of occupational health services, and to provide further information on the manner in which their operation is supervised by the labour inspection services (including their cooperation with workers and their representatives).

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Application in practice and adequate training on working techniques for the manual transport of loads. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council included in the Government’s report, that there are no specific rules guaranteeing the training on the manual handling of goods, and that the Government’s report does not specify to what extent relevant training is provided in practice. The Committee notes that the Government indicates that in 2014, 1,326 targeted inspections were carried out, and provides general information on the results of inspections relating to risk assessments and training, without providing specific data in relation to the manual movement of material. The Committee requests the Government to provide statistical information on the violations detected during inspections concerning the manual transport of loads, as well as the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148))

Articles 4 and 12 of the Convention. Prevention, control of and protection against occupational hazards in the working environment concerning noise and vibration. The Committee notes the Government’s reiterated indication that there are no notification obligations with respect to risks related to vibration and noise at workplaces. It notes the Government’s indication that the National Health and Medical Office establishes an annual report based on the risks identified by the occupational health services, which also includes information on the number of workers exposed to noise and vibration. It further notes that the Government indicates that a reporting obligation is not necessary, as the thresholds for noise and vibration are verified through labour inspection, and remedial measures ordered, if necessary. In this context, the Committee also notes from the information provided in the Government’s report that noise and vibration are frequent omissions in risk assessments undertaken by employers. The Committee requests the Government to indicate the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks relating to noise and vibration, including the measures it is taking to ensure that these issues are included in the relevant risk assessments.

Article 11(3). Provision of alternative employment. The Committee notes the Government’s reference in reply to the Committee’s previous request, to the rules on the transfer of workers that have been exposed to air pollution, noise or vibration. The Committee also notes the Government’s indications made in reply to the Committee’s request concerning the maintenance of the income of workers who are required to discontinue work in view of having been exposed to the above risks. In this respect, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), and the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42).

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The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations, including the amendment to Decree No. 25/2000 (IX.30.) EüM-SzCsM to take into account new limit values related to the exposure to asbestos; Decree No. 66/2005 (XII.22.) EüM SzCsM concerning the exposure to noise and Decree No. 22/2005 (VII.24.) EüM of the Minister of Health regarding exposure to vibration. Based on available information the Committee notes the effect given to Articles 8(1) and (2), and 9 of the Convention. The Committee notes that the referenced legislation was not attached to the report. The Committee requests the Government to continue to provide information on legislative developments in the country and to make the relevant legislative texts available to the Committee.

Article 1 of the Convention. Scope of application and definitions. The Committee notes that the report is silent as to whether the new legislation, adopted by the Minister of Health has amended the scope of national legislation so as to ensure compliance with this provision of the Convention and that only excerpts of the relevant texts have been made available to the Committee. The Committee requests the Government to provide further detailed information regarding the scope of the relevant legislation.

Article 11(3). Provision of alternative employment. The Committee notes that the information provided by the Government does not include a response to the comment raised by the Committee regarding the rules concerning the transfer of workers who have been exposed to air pollution noise or vibration where continued assignment is considered medically inadvisable, and measures taken to ensure that transferred workers are able to maintain their income. In this respect, the Committee would like draw the Government’s attention to the fact that the provision of Article 11(3) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to air pollution noise and vibration has been found to be medically inadvisable. The Committee again requests the Government to provide further information on measures taken to ensure the transfer to alternative employment of workers who, based on medical opinion, are required to discontinue work involving exposure to air pollution, noise or vibration and how it is ensured that such workers are able to maintain their income.

Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its response the Government indicates that, in conformity with harmonized legislation with the European Community, there are no notification obligations with respect to risks related to vibration and noise at workplaces. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Government also indicates that, following consultations in the tripartite National ILO Council on the report for the ILO, the workers’ organizations expressed the view that national law was not in conformity with Article 12 of the Convention. The Committee deems it relevant yet again to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its 1997 General Report, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. The Committee requests the Government to clarify measures taken to ensure full conformity with this provision of the Convention in law and in practice taking the comments of the workers’ organizations into account.

Part IV of the report form. Application in practice. The Committee notes that the report does not contain any information on the application in practice of the Convention as requested. The Committee requests the Government to provide a general appreciation of the application in practice of the Convention, including, for instance, extracts from the reports of the inspection services.

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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, including on the adoption of new laws and regulations. The Committee regrets to note, however, that the Government has not complied with the Committee’s request to submit copies of relevant legislation providing for implementation of the provisions of Article 4 of the Convention. Although the Committee, in a few cases, has been able to find the relevant information in publicly available sources, the Committee is not in a position to fully appreciate the implementation of the provisions of the Convention in the country. The Committee therefore reiterates its request to the Government to submit copies of relevant legislative texts including Act LXXXIII of 1997 (Article 11), Decree No. 58/1997 (XII.21) of the Ministry of Welfare and Decree No. 233/1996 (XII.26), as well as up to date information on relevant technical standards and codes of practice providing for a practical implementation of the Convention (Article 4(2)). The Committee also notes that the report does not contain replies to all questions raised in its previous comments. It requests the Government to provide further information on the following points.

Article 1 of the Convention. Scope and definitions. The Committee notes the new legislation adopted by the Minister of Health, namely Decrees Nos. 25/2000 (IX.30) Eüm-SzCsM regarding air pollution, 18/2001 (IV.28) Eüm regarding noise and 3/2002 (II.8) SzCsM-Eüm regarding vibration. The Government has indicated that Decrees Nos 25/2000 and 18/2001 do not cover all sectoral activities. The Committee would be grateful if the Government would provide further detailed information regarding the scope of application of the relevant legislation and how adequate protection is ensured for workers in the branches excluded from the relevant legislation.

Article 2(2). Effect given to the Convention in law and in practice. The Committee notes that the Government refers to a series of directives from the European Community. Against this background, the Committee deems it relevant to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its report in 1997, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. Against this background, the Committee invites the Government to give due attention to the obligations it has undertaken through the ratification of the present Convention.

Article 8(1) and (2). Preventive and protective measures. The Committee notes the detailed information regarding the criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as the exposure limits on the basis of these criteria. It also notes the information that this legislation has been discussed and approved by the Work Safety Committee, and that the development of noise level criteria was assisted by the Optics and Acoustics Society (OPAKFI). The Committee would be grateful if the Government would provide further information on how the views of technically competent persons designated by the most representative organizations of employers and workers are taken into account in the areas of air pollution and vibration.

Article 9. Technical and organizational measures. The Committee notes the statement by the Government that the requested information is outside the competence of the health sector. The Committee would, however, be grateful if the Government would provide the requested information on particulars of technical or organizational measures prescribed for new plants or processes in design or installation in respect of air pollution or vibration.

Article 11(3). Provision of alternative employment. With reference to Decree No. 22/2005 of the Minister of Health on the minimum health and security standards applicable to workers exposed to vibration, the Committee notes that in case of damage to health due to vibration, the worker must be transferred to an activity where there is no further exposure to vibration. The Committee notes, however, that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. The Committee requests the Government to provide further information on how the obligation to provide suitable alternative employment is ensured also for workers required to discontinue work involving exposure to air pollution or noise and, for all three contingencies, how it is ensured that workers required to discontinue work are able to maintain their income.

Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its previous reports the Government has referred to several decrees adopted in 1997 and 1999 as being relevant in the context of the application of the present Article. The Committee notes, however, that in its most recent report the Government refers only to the more recent Decree No. 26/2000 (IX.30). The Committee also notes that the Government indicates that the reporting obligations regulated in Decree No. 26/2000 (IX.30) does not provide for a reporting obligation for work involving exposure to noise and vibration. The Committee would be grateful if the Government would clarify whether Decree No. 26/2000 (IX.30) replaces or complements legislation referred to in previous reports, and how full conformity with this provision of the Convention is ensured in law and in practice.

Article 12. Authorizations by the competent authority. Subject to a clarification whether Decree No. 4/1997 of the Ministry of Welfare is still in force, the Committee notes that while this Decree specifies harmful substances and describes the notification process of the use of these substances, there is no mention of a right of a competent authority to authorize or prohibit the use of these substances. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Committee requests the Government to indicate how full effect is given to this Article in law and in practice.

Part IV of the report form. Statistical information. The Committee notes the detailed statistical information provided by the Government concerning preventive inspections carried out. The Committee requests the Government to continue to provide such information and complement it with relevant data on related occupational accidents and diseases.

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1. The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations. The Committee regrets to note, however, that the Government has not complied with the Committee’s request to submit copies of relevant legislation providing for implementation of the provisions of Article 4 of the Convention. Although the Committee, in a few cases, has been able to find the relevant information in publicly available sources, the Committee is not in a position to fully appreciate the implementation of the provisions of the Convention in the country. The Committee therefore reiterates its request to the Government to submit copies of relevant legislative texts including Act LXXXIII of 1997 (Article 11), Decree No. 58/1997 (XII.21) of the Ministry of Welfare and Decree No. 233/1996 (XII.26), as well as up to date information on relevant technical standards and codes of practice providing for a practical implementation of the Convention (Article 4, paragraph 2). The Committee also notes that the report does not contain replies to all questions raised in its previous comments. It requests the Government to provide further information on the following points.

2. Article 1 of the Convention. Scope and definitions. The Committee notes the new legislation adopted by the Minister of Health, namely Decrees Nos. 25/2000 (IX.30) Eüm-SzCsM regarding air pollution, 18/2001 (IV.28) Eüm regarding noise and 3/2002 (II.8) SzCsM-Eüm regarding vibration. The Government has indicated that Decrees Nos. 25/2000 and 18/2001 do not cover all sectoral activities. The Committee would be grateful if the Government would provide further detailed information regarding the scope of application of the relevant legislation and how adequate protection is ensured for workers in the branches excluded from the relevant legislation.

3. Article 2, paragraph 2. Effect given to the Convention in law and in practice. The Committee notes that the Government refers to a series of directives from the European Community. Against this background, the Committee deems it relevant to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its report in 1997, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. Against this background, the Committee invites the Government to give due attention to the obligations it has undertaken through the ratification of the present Convention.

4. Article 8, paragraphs 1 and 2. Preventive and protective measures. The Committee notes the detailed information regarding the criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as the exposure limits on the basis of these criteria. It also notes the information that this legislation has been discussed and approved by the Work Safety Committee, and that the development of noise level criteria was assisted by the Optics and Acoustics Society (OPAKFI). The Committee would be grateful if the Government would provide further information on how the views of technically competent persons designated by the most representative organizations of employers and workers are taken into account in the areas of air pollution and vibration.

5. Article 9. Technical and organizational measures. The Committee notes the statement by the Government that the requested information is outside the competence of the health sector. The Committee would, however, be grateful if the Government would provide the requested information on particulars of technical or organizational measures prescribed for new plants or processes in design or installation in respect of air pollution or vibration.

6. Article 11, paragraph 3. Provision of alternative employment. With reference to Decree No. 22/2005 of the Minister of Health on the minimum health and security standards applicable to workers exposed to vibration, the Committee notes that in case of damage to health due to vibration, the worker must be transferred to an activity where there is no further exposure to vibration. The Committee notes, however, that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. The Committee requests the Government to provide further information on how the obligation to provide suitable alternative employment is ensured also for workers required to discontinue work involving exposure to air pollution or noise and, for all three contingencies, how it is ensured that workers required to discontinue work are able to maintain their income.

7. Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its previous reports the Government has referred to several decrees adopted in 1997 and 1999 as being relevant in the context of the application of the present Article. The Committee notes, however, that in its most recent report the Government refers only to the more recent Decree No. 26/2000 (IX.30). The Committee also notes that the Government indicates that the reporting obligations regulated in Decree No. 26/2000 (IX.30) does not provide for a reporting obligation for work involving exposure to noise and vibration. The Committee would be grateful if the Government would clarify whether Decree No. 26/2000 (IX.30) replaces or complements legislation referred to in previous reports, and how full conformity with this provision of the Convention is ensured in law and in practice.

8. Article 12. Authorizations by the competent authority. Subject to a clarification whether Decree No. 4/1997 of the Ministry of Welfare is still in force, the Committee notes that while this Decree specifies harmful substances and describes the notification process of the use of these substances, there is no mention of a right of a competent authority to authorize or prohibit the use of these substances. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Committee requests the Government to indicate how full effect is given to this Article in law and in practice.

9. Part IV of the report form. Statistical information. The Committee notes the detailed statistical information provided by the Government concerning preventive inspections carried out. The Committee requests the Government to continue to provide such information and complement it with relevant data on related occupational accidents and diseases.

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The Committee notes the information contained in the Government's report and in particular the adoption of new standards and texts of laws and regulations.

The Committee also notes that the Government's report does not contain replies to its previous comments and the requested texts of Decrees and other standards have not been supplied. It requests the Government to supply these replies and texts as well as others indicated below.

Article 4, paragraph 1, of the Convention. The Government is requested to supply all the texts of laws and regulations containing measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and in particular the following texts previously requested in 1997:

-- Decree No. 25/1996 of the Ministry of Welfare (also requested 1999 under Convention No. 155);

-- Decree No. 26/1996 of the Ministry of Welfare (also requested in 1999 under Convention No. 155);

-- Decree No. 27/1996 of the Ministry of Welfare (also requested in 1999 under Convention No. 155);

-- Decree No. 4/1981 of the Ministry of Health;

-- Decree No. 6/1982 of the Ministry of Health.

Article 4, paragraph 2. The Government is requested to supply copies of all texts containing provisions concerning the practical implementation of the measures prescribed in national laws and regulations provided for in paragraph 1 of this Article, and in particular the following texts:

-- MSZ 18162:83, MSZ-ISO 1999:94, MSZ-ISO 5349:91, MSZ 21461-1:88, MSZ 21461-2:92 (previously requested in 1997);

-- MSZ EN 28041:1998: Reaction of the human body to vibration (ISO 8041:1993), MSZ EN 12001:1998: Noise emission of machinery and equipment (ISO 12001:1996);

-- the joint methodological document of OFOGI and OmüI on damages to hearing (previously requested in 1997);

-- the methodological letter of OmüI (1977) with respect to exposure to vibration (previously requested in 1997).

Article 5, paragraph 2. Please describe the procedure followed for associating representatives of employers and workers in the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of the Convention.

Article 8, paragraphs 1 and 2. The Committee notes the information provided in reply to its previous comments. Please indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned was taken into account in the elaboration of the criteria and the determination of the exposure limits specified for all the hazards. The Government is requested to continue to supply information and relevant texts, and in particular the following texts:

-- Decree No. 58/1997 (XII.21) of the Ministry of Welfare;

-- the draft or the adopted text of the chemical safety Act, currently under preparation and referred to in the Government's latest report;

-- MSZ 21461/1:1998; MSZ 21461/2:1998;

-- MSZ EN 481.

Article 9. The Committee recalls that it had noted from the Government's previous report that in the course of planning of new facilities -- plant or processes -- a chapter on acoustics is to be prepared. The Government is requested to provide particulars of technical or organizational measures prescribed for new plant or processes in design or installation in respect of air pollution or vibration.

Article 11, paragraph 3. The Committee notes the information provided in reply to its previous comments. It notes the information that further measures and regulations are being formulated. Please continue to provide information on developments in this regard as well as supply the texts of measures and regulations adopted. Please provide the texts of Government Decree No. 89/1995, Decree No. 27/1995 (VII.14), Decree No. 44/1995 (XII.7), Act LXXXIII of 1997, Decree No. 217/1997 (XII.1) and its Appendix 1.

Article 12. Please supply the texts of Government Decree No. 233/1996 (XII.26) and Decree No. 4/1997 (II.21) of the Ministry of Welfare (both also requested in 1999 under Convention No. 155), as well as Government Decree No. 134/1997 (IX.3) and Decree No. 31/1997 (X.17) of the Ministry of Welfare.

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The Committee takes note of the information provided in the Government's first report.

The Committee requests the Government to supply additional information on the following points.

Article 2 of the Convention. Please indicate the manner in which the representative organizations of employers and workers concerned were consulted before taking the decision to accept the obligations in respect of all the categories of hazards.

Article 4, paragraph 1. The Government is requested to supply all the texts of laws and regulations containing measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and in particular the following texts:

-- Decree No. 25/1996 of the Ministry of Welfare on the general health requirements of employment and working conditions not endangering health;

-- Decree No. 26/1996 of the Ministry of Welfare specifying measures to limit daily exposure within work processes and activities involving a high degree of risk of health injury;

-- Decree No. 27/1996 of the Ministry of Welfare on the reporting and investigation of occupational diseases and cases of high exposure;

-- Decree No. 4/1981 of the Ministry of Health on the medical examination and assessment of aptitude for a position;

-- Decree No. 6/1982 of the Ministry of Health on the protection of good health of women and the juvenile.

-- MSZ 18162:83, MSZ-ISO 1999:94, MSZ-ISO 5349:91, MSZ 21461-1:88, MSZ 21461-2:92;

-- the joint methodological document of OFOGI and OMUI on damages to hearing;

-- the methodological letter of OMUI (1977) with respect to exposure to vibration.

Article 8, paragraphs 1 and 2. The Government is requested to give particulars of the criteria for determining the hazards of exposure to air pollution and the exposure limits specified on the basis of these criteria; please indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned was taken into account in the elaboration of the criteria and the determination of the exposure limits specified for all the hazards.

Article 9. The Committee notes from the Government's report that in the course of planning of new facilities -- plant or processes -- a chapter on acoustics is to be prepared. The Government is requested to provide particulars of technical or organizational measures prescribed for new plant or processes in design or installation in respect of air pollution or vibration.

Article 11, paragraph 3. Please describe the measures taken to provide workers, whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, with suitable alternative employment or to maintain their income.