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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 asks the Government to provide additional information on the following points.

Article 4. Prevention and control of, and protection against, occupational hazards; Article 8. Establishing criteria for determining hazards due to exposure to air pollution, noise and vibration and exposure limits; Article 9. Technical measures to ensure that the working environment is free from any hazard due to air pollution, noise and vibration; and Article 10 of the Convention. Personal protective equipment. The Committee notes the adoption of Decree No. 74 of 17 May 2005, amending article 15, paragraph 1, of Decree No. 25 of 26 February 2002, which provides for the applicability of internationally recognized exposure levels including as regards noise. The Committee also notes the reference to Law No. 94 of 28 June 2005 on the use, processing and disposal of asbestos prescribing, inter alia, the use of personal protective equipment made to the specifications of the European Committee for Standardization (CEN/TC 79). The Committee notes that according to the Government’s report the definition of the relevant benchmark technical standards with regard to air pollution more generally and vibration, is still pending and that the criteria determining when personal protective equipment is to be provided is directly related to these benchmark technical standards. The Committee reiterates its hopes that the technical standards that are reportedly in preparation will be adopted in the near future and asks the Government to provide information on the progress made and copies of them once they have been adopted.

Article 5. Consultations between the competent authority and the most representative organizations of employers and workers. The Committee welcomes information provided concerning the extensive consultations held between the Department of Public Health and the most representative organizations of employers and workers on measures to be taken to improve occupational safety and health conditions in small enterprises resulting in the adoption of Decree No. 4 of 14 January 2008 revising Annex I of Decree No. 123/2001. The Committee requests the Government to provide information on the practical application of this decree.

Article 11(3). Alternative employment or other measures to maintain the income of transferred workers. The Committee notes with interest the detailed guidelines on the application of the medical supervision based on Law No. 31/98 and subsequent legislation issued on 20 December 2002 following a thorough process of consultation. This guideline expressly refers to the Occupational Health Services Convention, 1985 (No. 161), and sets out detailed instructions on the way medical examinations have to be done as well as on the legal and medical obligations resulting from this examination. It also notes that workers who show reduced capacity for work in relation to the work performed have the possibility to be employed in protected activities in the state integrating sites (Cantieri Integrativi dello Stato). It also notes that according to article 9 of Decree No. 15/2006, the workers included in the Decree could be employed by the public administration in the terms fixed in the agreement between the State and the union. The Committee asks the Government to indicate if the alternative employment referred to is only for workers with disabilities or if it also covers the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no disability. The Committee also asks the Government to provide information on cases where alternative employment or other measures to maintain the income of transferred workers have been provided in relation to this Article of the Convention.

Part V of the report form. Article 16. Penalties and inspection service. The Committee notes the statistical information provided by the Government containing information on the inspections carried out and the following findings: 21 infringements in large enterprises, four in medium enterprises and one in small enterprises. The Committee requests the Government to provide information regarding the measures taken to address these trends and continue to provide detailed information on the application of the Convention in practice, including statistical information disaggregated by sex, if possible; on the number of workers covered by relevant legislation; and the number and nature of contraventions reported.

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Further to its observation, the Committee asks the Government to provide additional information on the following points.

Article 4. Prevention and control of, and protection against, occupational hazards; Article 8. Establishing criteria for determining hazards due to exposure to air pollution, noise and vibration and exposure limits; Article 9. Technical measures to ensure that the working environment is free from any hazard due to air pollution, noise and vibration; and Article 10 of the Convention. Personal protective equipment. The Committee notes the adoption of Decree No. 74 of 17 May 2005, amending article 15, paragraph 1, of Decree No. 25 of 26 February 2002, which provides for the applicability of internationally recognized exposure levels including as regards noise. The Committee also notes the reference to Law No. 94 of 28 June 2005 on the use, processing and disposal of asbestos prescribing, inter alia, the use of personal protective equipment made to the specifications of the European Committee for Standardization (CEN/TC 79). The Committee notes that according to the Government’s report the definition of the relevant benchmark technical standards with regard to air pollution more generally and vibration, is still pending and that the criteria determining when personal protective equipment is to be provided is directly related to these benchmark technical standards. The Committee reiterates its hopes that the technical standards that are reportedly in preparation will be adopted in the near future and asks the Government to provide information on the progress made and copies of them once they have been adopted.

Article 5. Consultations between the competent authority and the most representative organizations of employers and workers. The Committee welcomes information provided concerning the extensive consultations held between the Department of Public Health and the most representative organizations of employers and workers on measures to be taken to improve occupational safety and health conditions in small enterprises resulting in the adoption of Decree No. 4 of 14 January 2008 revising Annex I of Decree No. 123/2001. The Committee requests the Government to provide information on the practical application of this decree.

Article 11, paragraph 3. Alternative employment or other measures to maintain the income of transferred workers. The Committee notes with interest the detailed guidelines on the application of the medical supervision based on Law No. 31/98 and subsequent legislation issued on 20 December 2002 following a thorough process of consultation. This guideline expressly refers to the Occupational Health Services Convention, 1985 (No. 161), and sets out detailed instructions on the way medical examinations have to be done as well as on the legal and medical obligations resulting from this examination. It also notes that workers who show reduced capacity for work in relation to the work performed have the possibility to be employed in protected activities in the state integrating sites (Cantieri Integrativi dello Stato). It also notes that according to article 9 of Decree No. 15/2006, the workers included in the Decree could be employed by the public administration in the terms fixed in the agreement between the State and the union. The Committee asks the Government to indicate if the alternative employment referred to is only for workers with disabilities or if it also covers the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no disability. The Committee also asks the Government to provide information on cases where alternative employment or other measures to maintain the income of transferred workers have been provided in relation to this Article of the Convention.

Part V of the report form. Article 16. Penalties and inspection service. The Committee notes the statistical information provided by the Government containing information on the inspections carried out and the following findings: 21 infringements in large enterprises, four in medium enterprises and one in small enterprises. The Committee requests the Government to provide information regarding the measures taken to address these trends and continue to provide detailed information on the application of the Convention in practice, including statistical information disaggregated by sex, if possible; on the number of workers covered by relevant legislation; and the number and nature of contraventions reported.

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The Committee notes with interest the detailed information provided by the Government in its report. It notes, in particular, the information regarding the adoption of a national “Social Plan of the Republic of San Marino 2006–2008” taking an innovative approach to occupational safety and health including closer collaboration with universities and research centres with the objective of participating in international research projects and increasing awareness among professionals and citizens. It also notes the information regarding the adoption of numerous pieces of legislation in the area of occupational safety and health including Decree No. 25 of 26 February 2006, amending Decrees No. 74 of 17 May 2005 and No. 139 of 30 October 2003, which prescribe collaboration between several employers at temporary or mobile work sites and give effect to Article 6(2) of the Convention. The Committee also notes the information regarding effect given to Articles 12–15.

The Committee is raising other points in a request addressed directly to the Government.

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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:

1. Article 4 of the Convention. Prevention and control of, and protection against, occupational hazards. The Committee notes the Government’s statement that Appendix II of Decree No. 26 of 17 February 1999, provides for the application of the ISO standards 6189/1983 and 389/1979 in respect of the provisions on audiometric control. It also notes the statement that measures to prevent occupational hazards in the working environment due to air pollution, noise and vibration, such as the adoption of technical regulations, are yet to be taken. The Committee hopes that the technical regulations will be adopted in the near future and asks the Government to provide copies of them once they have been adopted.

2. Article 5. Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under section 25 of Act No. 31 of 18 February 1998, the Environmental Health Service provides information and guidance relating to occupational safety and health, in particular to artisans, small and medium-sized enterprises, employers’ and workers’ organizations, and notes in this respect the communication on the environmental health work programme relating to occupational safety and health in large enterprises, attached to the Government’s report. It further notes that sections 13, 14 and 15 of Act No. 31 of 18 February 1998, regulate collaboration between employers and workers. The Committee requests the Government to continue to provide information on consultations undertaken pursuant to Act No. 31 of 18 February 1998 giving effect to the provisions of the Convention.

3. Article 6, paragraph 2. Employers collaborating when performing work simultaneously in the same workplace. The Committee notes that section 7(7)(i) of Act No. 31 of 18 February 1998, provides for collaboration between employers performing work simultaneously in the same workplace, in accordance with the Convention. It also notes the Government’s statement that a decree is envisaged to include such a provision in relation to the activities of temporary or mobile worksites, in accordance with EU Directive 92/57/EEC. The Committee requests the Government to provide a copy of the referenced decree once it has been adopted.

4. Article 7. Workers’ or their representatives’ right to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes that section 14 of Act No. 31 of 18 February 1998, ensures the right of workers or their representatives to make proposals, that section 8(2)(f) of the Act establishes the obligation of workers to comply with safety procedures, that section 16 of the Act ensures workers’ right to obtain information and training, that section 14(2)(d) of the Act ensures workers’ right to representation, that section 14(2)(c) of the Act ensures that workers’ health and safety representatives may consult the Environmental Health Service and finally that section 14(2)(g) of the Act ensures that workers’ health and safety representatives may appeal to appropriate bodies. The Committee asks the Government to provide information on the practical application of this legislation with its next report.

5. Article 8. Establishing criteria for determining hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that the Government in its report, with reference to section 6 of Act No. 31 of 18 February 1998, states that when assessing the risk of exposure to air pollution and vibration, reference is made to “good” technical standards. It also notes that, pursuant to Decree No. 123 of 17 October 1991, the limits of exposure are those contained in the annually updated list published by the American Conference of Governmental Industrial Hygienists. As regards noise, the Committee notes that Decree No. 26 of 17 February 1999, provides the criteria for determining risks of exposure to noise and the related limits, that the limits established correspond to those established by the European Community, and that the Government does not envisage any change to these limits at present. The Committee requests the Government to provide more precise information on the “good” technical standards that are applied for the assessment of risks for exposure to air pollution and vibration, as well as information on the regular reviews carried out of applicable exposure limits to air pollution, noise and vibration.

6. With respect to the event of simultaneous exposure to harmful elements in the workplace, the Committee notes that Decree No. 69 of 19 May 1998, on the organization of first aid provides that sanitary inspections may be carried out to verify that the exposure is below the defined limits. The Committee asks the Government to provide information with its next report on the number of sanitary inspections carried out, their findings and the results obtained.

7. Article 9. Technical measures to ensure that the working environment is free from any hazard due to air pollution, noise and vibration. The Committee notes that section 5 of Act No. 31 of 18 February 1998, ensures that measures for new equipment and its operation, or existing equipment, are based on the safeguards expressed in this section. It notes that section 9 of the Act ensures that for new installations, planners, manufacturers, suppliers and installers must comply with these requirements. It further notes that section 4 of Decree No. 26 of 17 February 1999, ensures with regard to the hazard of noise that the technical, organizational and procedural measures are applied. The Committee requests the Government to continue to provide information in this respect.

8. Article 10. Personal protective equipment. The Committee notes that, pursuant to section 33 of Act No. 31 of 18 February 1998, employers are required to provide personal protective equipment when hazards caused by exposure to air pollution or vibration cannot be prevented or sufficiently reduced by technical protection measures, or by methods or procedures of organization of work. The Government indicates that the method used to determine whether prescribed limits have been exceeded are those established in “good” technical standards. The Committee also notes that section 4 of Decree No. 26 of 17 February 1999, ensures personal protective equipment with respect to noise. With reference to the similar previous query under Article 8, the Committee requests the Government to provide information on the “good” technical standards that are applied for determining whether prescribed limits have been exceeded and when the provision and use of personal protective equipment becomes mandatory.

9. Article 11. Medical examinations and alternative employment. The Committee notes that section 1(2) of Decree No. 68 of 19 May 1998, provides that the employer shall appoint an employment doctor to carry out the medical examinations for air pollution and vibration, and that section 7 of Decree No. 26 of 17 February 1999, provides for medical examination for noise hazards. It further notes that section 17(3) of Decree No. 68 of 19 May 1998, provides for pre-assignment medical examination and periodical examination, in accordance with the Convention. The Committee notes the Government’s statement that the intervals of the periodical medical examinations are to be established in a decree, which has not been adopted yet. The Committee hopes that this decree will be adopted in the very near future and asks the Government to submit a copy of it once it has been adopted.

10. The Committee notes that section 5 of Act No. 31 of 18 February 1998, provides that any measure relating to occupational safety and health is to be free of cost to the worker concerned, in accordance with the Convention. It also notes that section 5(1)(g) of Act No. 31 of 18 February 1998, provides that when continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable, the employer must remove the worker and the worker is assigned to other work, in accordance with the Convention. The Committee requests the Government to include information with its next report on efforts made to ensure that workers’ income is maintained, for example, through social security, in cases of reassignment as provided in Article 11, subparagraph 3, of the Convention.

11. Article 12. Notification to competent authority. The Committee notes that the Environmental Health Service (EHS) is the competent authority and that section 174(5) of the consolidated text of the Building and Planning Act (Act No. 87 of 19 July 1995), provides that authorization must be obtained from the EHS before commencement of new activities. The Committee also notes that according to section 8 of Decree No. 26 of 17 February 1999, and with respect to all activities, existing and new, the EHS must be informed of any noise hazard that exceeds the legal limit and that measures must be adopted. The Committee asks the Government to provide further information with its next report on the practical application of these rules and to indicate whether the use of any other processes, substance, machinery and equipment must be notified to the competent authority as called for in this Article.

12. Article 13. Information and instruction on potential occupational hazards and their prevention and control. The Committee notes that section 16 of Act No. 31 of 18 February 1998, ensures the employers’ obligation to provide information and training to all workers exposed to occupational risks. It notes the Government’s statement that the form and timing of the information and training is to be further regulated in a decree that has still not been adopted. The Committee hopes this decree will be adopted in the near future and asks the Government to submit a copy once it has been adopted.

13. Article 14. Promoting research in the field of prevention and control of hazards in the working environment. The Committee notes that the report is silent on the question of measures taken or envisaged to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration, and asks the Government to provide information on this question with its next report.

14. Article 15. Appointment of a competent person. The Committee notes that, under section 10 of Act No. 31 of 18 February 1998, employers are obliged to appoint a person responsible for the occupational safety and health service and that they may also call on experts from outside the undertaking. The Committee asks the Government to provide more detailed information with its next report on the person or expert appointed to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

15. Article 16. Penalties and inspection service. The Committee notes that sections 35 to 47 of Act No. 31 of 18 February 1998, provide penalties for the violation of the rules giving effect to the provisions of the Convention and that the EHS is responsible for enforcing the law (sections 20 to 26 of Act No. 31 of 18 February 1998). The Committee asks the Government to provide detailed information with its next report on the application of the Convention in practice, including extracts of reports of inspection services and statistical information disaggregated by sex, if possible, on the number of workers covered by the laws and regulations giving effect to the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be provided 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. Articles 1 and 2 of the Convention. Scope of application. The Committee notes with interest the adoption of the Framework Act on Occupational Safety and Health (Act No. 31 of 18 February 1998), the Medical and Sanitary Inspection of Employment Decree (Decree No. 68 of 19 May 1998) and the Protection of Workers against Risks of Exposure to Noise at Work Decree (Decree No. 26 of 17 February 1999), all of them being applicable to all economic branches in the country with respect to air pollution, noise and vibration in the working environment, in accordance with the Convention, and that both Decree No. 123, of 1991, and Decree No. 26 of 17 February 1999, were initiated jointly by the Secretary of State, trade unions and branch associations, in accordance with the Convention.

2. Article 4. Prevention and control of, and protection against, occupational hazards. The Committee notes the Government’s statement that Appendix II of Decree No. 26 of 17 February 1999, provides for the application of the ISO standards 6189/1983 and 389/1979 in respect of the provisions on audiometric control. It also notes the statement that measures to prevent occupational hazards in the working environment due to air pollution, noise and vibration, such as the adoption of technical regulations, are yet to be taken. The Committee hopes that the technical regulations will be adopted in the near future and asks the Government to provide copies of them once they have been adopted.

3. Article 5. Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under section 25 of Act No. 31 of 18 February 1998, the Environmental Health Service provides information and guidance relating to occupational safety and health, in particular to artisans, small and medium-sized enterprises, employers’ and workers’ organizations, and notes in this respect the communication on the environmental health work programme relating to occupational safety and health in large enterprises, attached to the Government’s report. It further notes that sections 13, 14 and 15 of Act No. 31 of 18 February 1998, regulate collaboration between employers and workers. The Committee requests the Government to continue to provide information on consultations undertaken pursuant to Act No. 31 of 18 February 1998 giving effect to the provisions of the Convention.

4. Article 6, paragraph 2. Employers collaborating when performing work simultaneously in the same workplace. The Committee notes that section 7(7)(i) of Act No. 31 of 18 February 1998, provides for collaboration between employers performing work simultaneously in the same workplace, in accordance with the Convention. It also notes the Government’s statement that a decree is envisaged to include such a provision in relation to the activities of temporary or mobile worksites, in accordance with EU Directive 92/57/EEC. The Committee requests the Government to provide a copy of the referenced decree once it has been adopted.

5. Article 7. Workers’ or their representatives’ right to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes that section 14 of Act No. 31 of 18 February 1998, ensures the right of workers or their representatives to make proposals, that section 8(2)(f) of the Act establishes the obligation of workers to comply with safety procedures, that section 16 of the Act ensures workers’ right to obtain information and training, that section 14(2)(d) of the Act ensures workers’ right to representation, that section 14(2)(c) of the Act ensures that workers’ health and safety representatives may consult the Environmental Health Service and finally that section 14(2)(g) of the Act ensures that workers’ health and safety representatives may appeal to appropriate bodies. The Committee asks the Government to provide information on the practical application of this legislation with its next report.

6. Article 8. Establishing criteria for determining hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that the Government in its report, with reference to section 6 of Act No. 31 of 18 February 1998, states that when assessing the risk of exposure to air pollution and vibration, reference is made to “good” technical standards. It also notes that, pursuant to Decree No. 123 of 17 October 1991, the limits of exposure are those contained in the annually updated list published by the American Conference of Governmental Industrial Hygienists. As regards noise, the Committee notes that Decree No. 26 of 17 February 1999, provides the criteria for determining risks of exposure to noise and the related limits, that the limits established correspond to those established by the European Community, and that the Government does not envisage any change to these limits at present. The Committee requests the Government to provide more precise information on the “good” technical standards that are applied for the assessment of risks for exposure to air pollution and vibration, as well as information on the regular reviews carried out of applicable exposure limits to air pollution, noise and vibration.

7. With respect to the event of simultaneous exposure to harmful elements in the workplace, the Committee notes that Decree No. 69 of 19 May 1998, on the organization of first aid provides that sanitary inspections may be carried out to verify that the exposure is below the defined limits. The Committee asks the Government to provide information with its next report on the number of sanitary inspections carried out, their findings and the results obtained.

8. Article 9. Technical measures to ensure that the working environment is free from any hazard due to air pollution, noise and vibration. The Committee notes that section 5 of Act No. 31 of 18 February 1998, ensures that measures for new equipment and its operation, or existing equipment, are based on the safeguards expressed in this section. It notes that section 9 of the Act ensures that for new installations, planners, manufacturers, suppliers and installers must comply with these requirements. It further notes that section 4 of Decree No. 26 of 17 February 1999, ensures with regard to the hazard of noise that the technical, organizational and procedural measures are applied. The Committee requests the Government to continue to provide information in this respect.

9. Article 10. Personal protective equipment. The Committee notes that, pursuant to section 33 of Act No. 31 of 18 February 1998, employers are required to provide personal protective equipment when hazards caused by exposure to air pollution or vibration cannot be prevented or sufficiently reduced by technical protection measures, or by methods or procedures of organization of work. The Government indicates that the method used to determine whether prescribed limits have been exceeded are those established in “good” technical standards. The Committee also notes that section 4 of Decree No. 26 of 17 February 1999, ensures personal protective equipment with respect to noise. With reference to the similar previous query under Article 8, the Committee requests the Government to provide information on the “good” technical standards that are applied for determining whether prescribed limits have been exceeded and when the provision and use of personal protective equipment becomes mandatory.

10. Article 11. Medical examinations and alternative employment. The Committee notes that section 1(2) of Decree No. 68 of 19 May 1998, provides that the employer shall appoint an employment doctor to carry out the medical examinations for air pollution and vibration, and that section 7 of Decree No. 26 of 17 February 1999, provides for medical examination for noise hazards. It further notes that section 17(3) of Decree No. 68 of 19 May 1998, provides for pre-assignment medical examination and periodical examination, in accordance with the Convention. The Committee notes the Government’s statement that the intervals of the periodical medical examinations are to be established in a decree, which has not been adopted yet. The Committee hopes that this decree will be adopted in the very near future and asks the Government to submit a copy of it once it has been adopted.

11. The Committee notes that section 5 of Act No. 31 of 18 February 1998, provides that any measure relating to occupational safety and health is to be free of cost to the worker concerned, in accordance with the Convention. It also notes that section 5(1)(g) of Act No. 31 of 18 February 1998, provides that when continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable, the employer must remove the worker and the worker is assigned to other work, in accordance with the Convention. The Committee requests the Government to include information with its next report on efforts made to ensure that workers’ income is maintained, for example, through social security, in cases of reassignment as provided in Article 11, subparagraph 3, of the Convention.

12. Article 12. Notification to competent authority. The Committee notes that the Environmental Health Service (EHS) is the competent authority and that section 174(5) of the consolidated text of the Building and Planning Act (Act No. 87 of 19 July 1995), provides that authorization must be obtained from the EHS before commencement of new activities. The Committee also notes that according to section 8 of Decree No. 26 of 17 February 1999, and with respect to all activities, existing and new, the EHS must be informed of any noise hazard that exceeds the legal limit and that measures must be adopted. The Committee asks the Government to provide further information with its next report on the practical application of these rules and to indicate whether the use of any other processes, substance, machinery and equipment must be notified to the competent authority as called for in this Article.

13. Article 13. Information and instruction on potential occupational hazards and their prevention and control. The Committee notes that section 16 of Act No. 31 of 18 February 1998, ensures the employers’ obligation to provide information and training to all workers exposed to occupational risks. It notes the Government’s statement that the form and timing of the information and training is to be further regulated in a decree that has still not been adopted. The Committee hopes this decree will be adopted in the near future and asks the Government to submit a copy once it has been adopted.

14. Article 14. Promoting research in the field of prevention and control of hazards in the working environment. The Committee notes that the report is silent on the question of measures taken or envisaged to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration, and asks the Government to provide information on this question with its next report.

15. Article 15. Appointment of a competent person. The Committee notes that, under section 10 of Act No. 31 of 18 February 1998, employers are obliged to appoint a person responsible for the occupational safety and health service and that they may also call on experts from outside the undertaking. The Committee asks the Government to provide more detailed information with its next report on the person or expert appointed to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

16. Article 16. Penalties and inspection service. The Committee notes that sections 35 to 47 of Act No. 31 of 18 February 1998, provide penalties for the violation of the rules giving effect to the provisions of the Convention and that the EHS is responsible for enforcing the law (sections 20 to 26 of Act No. 31 of 18 February 1998). The Committee asks the Government to provide detailed information with its next report on the application of the Convention in practice, including extracts of reports of inspection services and statistical information disaggregated by sex, if possible, on the number of workers covered by the laws and regulations giving effect to the Convention.

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1. The Committee notes the information contained in the Government’s report and the attached legislation and documentation.

2. Articles 1 and 2 of the Convention. Scope of application. The Committee notes with interest the adoption of the Framework Act on Occupational Safety and Health (Act No. 31 of 18 February 1998), the Medical and Sanitary Inspection of Employment Decree (Decree No. 68 of 19 May 1998) and the Protection of Workers against Risks of Exposure to Noise at Work Decree (Decree No. 26 of 17 February 1999), all of them being applicable to all economic branches in the country with respect to air pollution, noise and vibration in the working environment, in accordance with the Convention, and that both Decree No. 123, of 1991, and Decree No. 26 of 17 February 1999, were initiated jointly by the Secretary of State, trade unions and branch associations, in accordance with the Convention.

3. Article 4. Prevention and control of, and protection against, occupational hazards. The Committee notes the Government’s statement that Appendix II of Decree No. 26 of 17 February 1999, provides for the application of the ISO standards 6189/1983 and 389/1979 in respect of the provisions on audiometric control. It also notes the statement that measures to prevent occupational hazards in the working environment due to air pollution, noise and vibration, such as the adoption of technical regulations, are yet to be taken. The Committee hopes that the technical regulations will be adopted in the near future and asks the Government to provide copies of them once they have been adopted.

4. Article 5. Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under section 25 of Act No. 31 of 18 February 1998, the Environmental Health Service provides information and guidance relating to occupational safety and health, in particular to artisans, small and medium-sized enterprises, employers’ and workers’ organizations, and notes in this respect the communication on the environmental health work programme relating to occupational safety and health in large enterprises, attached to the Government’s report. It further notes that sections 13, 14 and 15 of Act No. 31 of 18 February 1998, regulate collaboration between employers and workers. The Committee requests the Government to continue to provide information on consultations undertaken pursuant to Act No. 31 of 18 February 1998 giving effect to the provisions of the Convention.

5. Article 6, paragraph 2. Employers collaborating when performing work simultaneously in the same workplace. The Committee notes that section 7(7)(i) of Act No. 31 of 18 February 1998, provides for collaboration between employers performing work simultaneously in the same workplace, in accordance with the Convention. It also notes the Government’s statement that a decree is envisaged to include such a provision in relation to the activities of temporary or mobile worksites, in accordance with EU Directive 92/57/EEC. The Committee requests the Government to provide a copy of the referenced decree once it has been adopted.

6. Article 7. Workers’ or their representatives’ right to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes that section 14 of Act No. 31 of 18 February 1998, ensures the right of workers or their representatives to make proposals, that section 8(2)(f) of the Act establishes the obligation of workers to comply with safety procedures, that section 16 of the Act ensures workers’ right to obtain information and training, that section 14(2)(d) of the Act ensures workers’ right to representation, that section 14(2)(c) of the Act ensures that workers’ health and safety representatives may consult the Environmental Health Service and finally that section 14(2)(g) of the Act ensures that workers’ health and safety representatives may appeal to appropriate bodies. The Committee asks the Government to provide information on the practical application of this legislation with its next report.

7. Article 8. Establishing criteria for determining hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that the Government in its report, with reference to section 6 of Act No. 31 of 18 February 1998, states that when assessing the risk of exposure to air pollution and vibration, reference is made to "good" technical standards. It also notes that, pursuant to Decree No. 123 of 17 October 1991, the limits of exposure are those contained in the annually updated list published by the American Conference of Governmental Industrial Hygienists. As regards noise, the Committee notes that Decree No. 26 of 17 February 1999, provides the criteria for determining risks of exposure to noise and the related limits, that the limits established correspond to those established by the European Community, and that the Government does not envisage any change to these limits at present. The Committee requests the Government to provide more precise information on the "good" technical standards that are applied for the assessment of risks for exposure to air pollution and vibration, as well as information on the regular reviews carried out of applicable exposure limits to air pollution, noise and vibration.

8. With respect to the event of simultaneous exposure to harmful elements in the workplace, the Committee notes that Decree No. 69 of 19 May 1998, on the organization of first aid provides that sanitary inspections may be carried out to verify that the exposure is below the defined limits. The Committee asks the Government to provide information with its next report on the number of sanitary inspections carried out, their findings and the results obtained.

9. Article 9. Technical measures to ensure that the working environment is free from any hazard due to air pollution, noise and vibration. The Committee notes that section 5 of Act No. 31 of 18 February 1998, ensures that measures for new equipment and its operation, or existing equipment, are based on the safeguards expressed in this section. It notes that section 9 of the Act ensures that for new installations, planners, manufacturers, suppliers and installers must comply with these requirements. It further notes that section 4 of Decree No. 26 of 17 February 1999, ensures with regard to the hazard of noise that the technical, organizational and procedural measures are applied. The Committee requests the Government to continue to provide information in this respect.

10. Article 10. Personal protective equipment. The Committee notes that, pursuant to section 33 of Act No. 31 of 18 February 1998, employers are required to provide personal protective equipment when hazards caused by exposure to air pollution or vibration cannot be prevented or sufficiently reduced by technical protection measures, or by methods or procedures of organization of work. The Government indicates that the method used to determine whether prescribed limits have been exceeded are those established in "good" technical standards. The Committee also notes that section 4 of Decree No. 26 of 17 February 1999, ensures personal protective equipment with respect to noise. With reference to the similar previous query under Article 8, the Committee requests the Government to provide information on the "good" technical standards that are applied for determining whether prescribed limits have been exceeded and when the provision and use of personal protective equipment becomes mandatory.

11. Article 11. Medical examinations and alternative employment. The Committee notes with interest that section 1(2) of Decree No. 68 of 19 May 1998, provides that the employer shall appoint an employment doctor to carry out the medical examinations for air pollution and vibration, and that section 7 of Decree No. 26 of 17 February 1999, provides for medical examination for noise hazards. It further notes that section 17(3) of Decree No. 68 of 19 May 1998, provides for pre-assignment medical examination and periodical examination, in accordance with the Convention. The Committee notes the Government’s statement that the intervals of the periodical medical examinations are to be established in a decree, which has not been adopted yet. The Committee hopes that this decree will be adopted in the very near future and asks the Government to submit a copy of it once it has been adopted.

12. The Committee notes that section 5 of Act No. 31 of 18 February 1998, provides that any measure relating to occupational safety and health is to be free of cost to the worker concerned, in accordance with the Convention. It also notes that section 5(1)(g) of Act No. 31 of 18 February 1998, provides that when continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable, the employer must remove the worker and the worker is assigned to other work, in accordance with the Convention. The Committee requests the Government to include information with its next report on efforts made to ensure that workers’ income is maintained, for example, through social security, in cases of reassignment as provided in Article 11, subparagraph 3, of the Convention.

13. Article 12. Notification to competent authority. The Committee notes that the Environmental Health Service (EHS) is the competent authority and that section 174(5) of the consolidated text of the Building and Planning Act (Act No. 87 of 19 July 1995), provides that authorization must be obtained from the EHS before commencement of new activities. The Committee also notes that according to section 8 of Decree No. 26 of 17 February 1999, and with respect to all activities, existing and new, the EHS must be informed of any noise hazard that exceeds the legal limit and that measures must be adopted. The Committee asks the Government to provide further information with its next report on the practical application of these rules and to indicate whether the use of any other processes, substance, machinery and equipment must be notified to the competent authority as called for in this Article.

14. Article 13. Information and instruction on potential occupational hazards and their prevention and control. The Committee notes that section 16 of Act No. 31 of 18 February 1998, ensures the employers’ obligation to provide information and training to all workers exposed to occupational risks. It notes the Government’s statement that the form and timing of the information and training is to be further regulated in a decree that has still not been adopted. The Committee hopes this decree will be adopted in the near future and asks the Government to submit a copy once it has been adopted.

15. Article 14. Promoting research in the field of prevention and control of hazards in the working environment. The Committee notes that the report is silent on the question of measures taken or envisaged to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration, and asks the Government to provide information on this question with its next report.

16. Article 15. Appointment of a competent person. The Committee notes that, under section 10 of Act No. 31 of 18 February 1998, employers are obliged to appoint a person responsible for the occupational safety and health service and that they may also call on experts from outside the undertaking. The Committee asks the Government to provide more detailed information with its next report on the person or expert appointed to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

17. Article 16. Penalties and inspection service. The Committee notes that sections 35 to 47 of Act No. 31 of 18 February 1998, provide penalties for the violation of the rules giving effect to the provisions of the Convention and that the EHS is responsible for enforcing the law (sections 20 to 26 of Act No. 31 of 18 February 1998). The Committee asks the Government to provide detailed information with its next report on the application of the Convention in practice, including extracts of reports of inspection services and statistical information disaggregated by sex, if possible, on the number of workers covered by the laws and regulations giving effect to the Convention.

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The Committee notes with interest the adoption on 17 October 1991 of Decree No. 122 concerning preventive and periodic medical examinations; Decree No. 123 concerning the maximum limits of exposure to chemical and physical hazards at the workplace; and Decree No. 124 concerning the prevention of accidents. It further notes with interest the information in the Government's report concerning the application of Article 4, paragraphs 1 and 2, Article 5, paragraph 4, Article 7, paragraph 2, Article 8, paragraphs 1, 2 and 3, Article 10 and Article 12 of the Convention. The Government is requested to provide further information, in its next report, on the following points:

Article 6, paragraph 2. The Committee notes the indication in the Government's report that, while there are no specific regulations concerning the simultaneous work of two or more employers at the same workplace, the Environmental Health Service has the authority to regulate such activities. The Government has indicated, however, that it is very unlikely that the situation would arise where two or more employers undertake activities simultaneously at the same workplace. The Government is requested to keep the Office informed, in subsequent reports, of any measures taken to ensure the collaboration of employers at the same workplace, particularly with respect to construction activities where such situations might be more likely.

Article 11. The Committee notes that, under section 4 of Decree No. 122, the Environmental Hygiene Service is to determine, depending upon the hazards involved, the programme for preventive and periodic medical examinations. The Government is requested to furnish with its next report, any practical information available concerning the nature and frequency of medical examinations prescribed for workers exposed or likely to be exposed to hazards due to air pollution, noise or vibration.

Article 15. The Committee notes from the Government's report that employers may have recourse to occupational safety and health specialists. The Government is requested to keep the Office informed of any steps taken or envisaged by the competent authority to determine the conditions and circumstances in which the employer is required to appoint a competent person or outside service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration.

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The Committee takes note with interest of the Government's first report and the attached legislative texts.

Article 4 of the Convention

Paragraph 1. The Committee notes that the law prescribes general safety and health measures but not specific measures of prevention and protection. The Committee asks the Government to indicate what measures are comtemplated for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration as specified in this provision.

Paragraph 2. The Committee asks the Government to supply information on the Decrees which set limits and which are referred to in Act No. 40 of 1987 (in particular in section 6).

Article 5, paragraph 4. The Committee asks the Government to specify the arrangements made for representatives of the employer and representatives of the workers of the undertaking to accompany inspectors supervising the application of the measures prescribed.

Article 6, paragraph 2. The Committee asks the Government to supply information on the procedures prescribed to ensure that two or more employers undertaking activities simultaneously at one workplace collaborate.

Article 7, paragraph 2. The Committee notes the indications given by the Government to the effect that workers and their representatives may appeal to the official services in order to secure compliance with the provisions of law by the employer. The Committee asks the Government to give details of the bodies to which the workers may appeal so as to ensure the protection provided by the Convention.

Article 8

Paragraph 1. Act No. 40 of 1987 provides that the criteria for and limits of exposure shall be fixed by decree (section 6).

The Committee asks the Government to supply information on the criteria fixed for determining the hazards of exposure covered by the Convention and to indicate the exposure limits specified for those hazards.

Paragraph 2. The Committee asks the Government to indicate how the opinion of technically competent persons designated by the organisations of employers and workers is taken into account in the elaborations of the criteria and determination of the exposure limits.

Paragraph 3. The Committee asks the Government to indicate how any increase in occupational hazards resulting from simultaneous exposure to several harmful factors has been taken into account in establishing or revising the criteria and exposure limits.

Article 10. The Committee asks the Government to indicate the methods prescribed for determining whether the specified exposure limits are exceeded and to specify whether the appropriate personal protective equipment is supplied.

Article 11. The Committee notes that the annex to Act No. 40 of 1969 provides for periodic medical examinations in the case of exposure to substances of which a list is given. The Committee asks the Government to specify the nature and frequency of the prescribed periodic examinations and the pre-assignment examinations for hazards due to noise and vibration.

Article 12. The Committee asks the Government to indicate what processes, substances, machinery and equipment specified by the competent authority are required to be notified in accordance with the provisions of the Convention.

Article 15. The Committee asks the Government to indicate the conditions on which and the circumstances in which employers are required to appoint a competent person or use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.