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Safety Provisions (Building) Convention, 1937 (No. 62) - Egypt (RATIFICATION: 1982)

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Previous comments: C.62, C.115, C.139 and C.148

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work by women), 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer) and 148 (air pollution, noise and vibration) together.

A. Protection against specific risks

Application in practice of Conventions Nos 115, 139 and 148. The Committee notes that in its report under Convention No. 148, the Government indicates that emissions from petroleum-based substances can lead to cancer and during 2021–22, around 260 serious accidents were inspected by the directorates of the Ministry of Manpower in the governorates and reviewed by the Ministry’s Central Administration of Occupational Safety and Health and Securing the Working Environment for the requisite actions to be taken in this regard. The Committee requests the Government to provide information on the application in practice of the Convention Nos 115, 139 and 148 below, including the number of accidents and occupational diseases recorded, as well as the violations detected by the competent authority related to radiation exposure, occupational cancer and noise, vibration and pollution, the corrective measures ordered, and penalties imposed.

Radiation Protection Convention, 1960 (No. 115)

Article 6 of the Convention. Maximum permissible doses. General observation of 2015. The Committee notes the Government’s reference to Ministerial Order No. 211 of 2003 on safety thresholds, necessary conditions and requirements for countering biological, chemical, mechanical and physical hazards and for safeguarding the working environment. It observes that Ministerial Order No. 211 of 2003 does not provide for maximum permissible doses for ionizing radiation, and that its section 10 refers to Act No. 59 of 1960 on the regulation of work with ionizing radiation and protection against it in this regard. However, Act No. 59 of 1960 does not seem to remain in effect following the adoption of Act No. 7 of 2010 on the regulation of nuclear activities and ionizing radiation. The Committee notes that Act No. 7 of 2010 does not contain any provision relating to the maximum permissible doses and amounts of ionizing radiation. The Committee requests the Government to provide detailed information on the current maximum permissible doses of ionizing radiations to which workers may be exposed to. In this respect, it draws the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. Following its previous comment, the Committee notes the adoption of Act No. 148 of 2019 on Social Insurance and Pensions and its executive regulation. The Committee requests the Government to provide information on any provisions giving effect to Article 14 of the Convention, which provides for the discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Reduction of the number of workers exposed. Following its previous comment, the Committee notes the Government’s reference to section 211 of the Labour Code (No. 12 of 2003) and section 34 of Ministerial Order No. 211 of 2003, which provide the obligation of employers to take preventative and protective measures against chemical hazards, including carcinogenic materials. The Government also indicates that the Ministry of Manpower, represented by the Central Administration of Occupational Safety and Health, follows procedures and takes measures to reduce the number of workers exposed to carcinogenic materials, including through the inspection of establishments to detect hazards, carcinogenic materials or any occupational diseases. The Government indicates that if a problem is detected, environmental measurements are carried out The Committee notes the Government’s information which addresses its previous comment.

Article 4. Provision of information to workers. Following its previous comment, the Committee notes the Government’s reference to sections 211 and 217 of the Labour Code. Section 217(b) provides for the obligation of employers to inform workers, before their engagement in work, of the risks of the occupation, to provide the proper personal protection equipment and the necessary training to use it. Section 211(f) provides for the obligation of employers to train workers to handle hazardous chemical materials and carcinogenic substances, inform and make them aware of the associated hazards as well as the required methods of safety and protection. The Committee notes the Government’s indications, which address its previous comment.

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

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. Following its previous comment, the Committee notes the Government’s reference to sections 233 and 234 of the Labour Code. The Government also indicates that the performance by the labour inspectors of their supervisory role necessarily requires coordination in many matters and inquiring with employers or their assigned deputies and workers about all issues that contributes to their ability to verify and identify data and information that will assist them in enforcing provisions of the Labour Code and related regulations. Moreover, according to the Manual of Procedures in Labour Inspection (Ministerial Order No. 130 of 2006), during inspection visits, inspectors are required to inform both parties on the production process and to guide and assist employers in the application of labour laws. The Committee notes the Government’s information which addresses its previous comment.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes that no new information is provided regarding the absence of legal provisions in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect will be given to Article 6(2) of the Convention within the context of the revision of the Labour Code and to provide information on any progress made in this regard.

B . Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Construction Convention, 1988 (No. 167), and to undertake a ratification campaign in respect of Convention No. 167. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area.

Article 3(a) of the Convention. Obligation to notify all persons concerned. With reference to the Committee’s previous request on Article 3(a), the Committee refers to its comments above under Article 4 of Convention No. 139 on the requirements related to the provision of information of workers.

Article 7(5) and (8). General rules concerning scaffolds. Following its previous comment, the Committee notes the Government’s reiterated reference to the ongoing process to amend Ministerial Order No. 211 of 2003, under which the provisions of the Convention will be taken into account. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to Article 7(5) and (8).

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Article 3(a) of the Convention. Obligation to notify all persons concerned. The Committee had previously noted that section 217(b) (Book 5) of Labour Code No. 12 of 2003 provides that the establishment and its branches shall undertake to inform workers, before they exercise their work, of the risks of their vocation and to compel them to use the determined means of protection, in addition to providing them with the proper personal protection tools and training them to use such tools. The Committee notes that the Labour Code provides for a general obligation of information of workers but does not provide for the obligation for employers to bring the laws or regulations, which ensure the application of Parts II to IV of the Convention, to the notice of all persons concerned, as required by Article 3(a) of the Convention. The Committee requests the Government to take measures to adopt provisions giving effect to Article 3(a). Noting that the Government is currently amending Ministerial Order No. 211 of 2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace, the Government could envisage to include these provisions in the framework of this review process.

Article 7(5) and (8). General rules concerning scaffolds. With reference to its previous comments where it noted the Government’s indication that account will be taken of these provisions in the context of the ongoing process to amend Ministerial Order No. 211 of 2003, the Committee notes that the Government once again indicates that the amendment process is currently under way. The Committee hopes that the Ministerial order will soon be revised and that it will give full effect to these Articles of the Convention. It requests the Government to provide information in this respect.

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The Committee notes the information provided concerning effect given to Articles 8 and 14 of the Convention. With reference to the communication received by the Federation of Egyptian Industries (FEI) on 30 August 2010, the Committee notes with interest that the Government is currently in the process of amending Ministerial Order No. 211 of 2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace and that, in this context, account will be taken of the Committee’s comments on the application of this Convention. The Committee requests the Government to submit a copy of the new legislation once it has been adopted.

Article 3(a) of the Convention. Obligation of the parties to the Convention. The Committee notes that the Government indicates that employers are required to train workers and inform them of the risks of the job before they begin their work and that documents informing a worker of such risks shall be kept in the workers’ file at the enterprise. The Committee requests the Government to provide further information on the relevant legislative provisions which give effect to this Article of the Convention.

Article 7(5) and (8). General rules as to scaffolds. The Committee notes that the Government indicates that account will be taken of these provisions in the context of the ongoing process to amend Ministerial Order No. 211 of 2003. The Committee requests the Government to provide further information on the relevant legislative provisions which give effect to these provisions of the Convention once they have been adopted.

Revision of Convention No. 62. In its previous comments, the Committee drew the Government’s attention to the invitation of the Governing Body to the State parties to Convention No. 62 to contemplate ratifying the Safety and Health in Construction Convention, 1988 (No. 167). The Committee requests the Government to provide information on any developments in this respect.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), (GB.307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of Decree No. 211/2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace, in application of section 213 of the Labour Code, which give effect to Article 7, paragraphs 1 to 4 and 6 to 7, and Article 15, paragraphs 2 and 3, of the Convention.

2. Article 3(a) of the Convention. Obligation of the parties to the Convention. The Committee notes the Government’s response to its previous comments indicating that section 217 of the Labour Code gives effect to Article 3(a) of the Convention. It notes that section 217 of the Labour Code obliges the enterprise and its branches to inform the worker of risks inherent in her/his occupation before she/he begins work. The Committee recalls that Article 3(a) of the Convention requires employers to bring to the notice of all persons concerned, in a manner approved by the competent authority, the laws or regulations for ensuring the application of the general rules set forth in Parts II to IV of the Convention and to the model safety regulations attached to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. The Committee again requests the Government to indicate the measures taken or envisaged to ensure application of the Convention on this point, for example by requiring that the text of provisions intended to ensure application of Parts II to IV of the Convention and the aforementioned model regulation are displayed on noticeboards placed in building enterprises.

3. Article 7, paragraphs 5 and 8. General rules as to scaffolds. The Committee notes that section 15 of Decree No. 211/2003 does not cover paragraphs 5 and 8 of Article 7, according to which scaffolds shall not be overloaded and, so far as practicable, the load shall be evenly distributed and that, before allowing a scaffold to be used by her/his workmen, every employer shall, whether the scaffold has been erected by her/his workmen or not, take steps to ensure that it complies fully with the requirements of this Article. The Committee requests the Government to indicate the measures taken or envisaged to give effect to paragraphs 5 and 8 of Article 7 of the Convention.

4. Article 8. Working platforms, gangways and stairways. The Committee notes that the provisions of Decree No. 211/2003 do not give effect to Article 8 of the Convention, contrary to the indications in the Government’s report. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

5. Article 14, paragraph 3. General provisions as to hoisting machines. The Committee notes that the provisions of Decree No. 211/2003 do not cover this paragraph, contrary to the indications in the Government’s report. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

6. Revision of Convention No. 62. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could thus be more appropriate for the current situation in the building sector. It also recalls that the Governing Body of the International Labour Office invited States parties to Convention No. 62 to contemplate ratifying Convention No. 167 which shall, ipso jure, involve the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to communicate information on any follow-up given to this suggestion.

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With reference to its observation, the Committee requests the Government to indicate the measures which have been taken to give effect to the following provisions of the Convention.

1. Article 3, paragraph 1, of the Convention. In its previous comments, Committee noted that the national regulations contain on provision requiring employers to bring to the notice of all persons concerned - in a manner approved by the competent authority - the laws or regulations ensuring the application of Parts II to IV of the Convention and of the model code annexed to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. It notes that Part III on ensuring labour environment security of the new Labour Code only provides for measures aiming at generally ensuring safety and health at work. The Committee urges the Government to take in the near future the necessary measures to give full effect in law and in practice to this abovementioned Article of the Convention.

2. The Committee refers to its previous comments concerning Article 7 (the construction of suitable scaffolds by competent workers under the supervision of a competent and responsible person, of sound material and so constructed that no part thereof can be displaced in consequence of normal use; the periodic inspection of scaffolds and the prohibition of overloading; ensuring the strength and stability of scaffolds before authorizing their use by workers and before installing lifting gear), Article 8, paragraphs 1(a) and 2(a) (the construction of working platforms, gangways and stairways which are closely bordered and so constructed that no part thereof can sag unduly or unequally), Article 14, paragraph 3 (clear indication of the safe working load of a hoisting machine having a variable safe working load), and Article 15, paragraphs 2 and 3 (adequate precautions to reduce to a minimum the risk of the accidental descent of the load and of any part of a suspended load becoming accidentally displaced). The Committee recalls that it had expressed the hope that the revision of labour legislation would lead to the adoption of texts that would give full effect to these provisions of the Convention. The Committee therefore hopes that, as provided in article 213 of the Labour Code, the concerned minister shall issue a decree establishing safety standards and the necessary conditions and precautions to prevent the risks defined in the Labour Code. The Committee hopes that this decree will be adopted in the near future and will contain the necessary provisions to give effect to the provisions of the Convention referred to in this paragraph.

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The Committee notes with interest the adoption in 2003 of a Labour Code which contains provisions aiming at ensuring the safety in the building industry (article 209, paragraph B). It also notes that although the new Labour Code contains only general provisions on this subject, it provides in its article 213 that "The concerned minister shall issue a decree indicating the limits of safety and the necessary conditions and precautions for preventing the risks defined in articles [… 209 …] of the present Law, after consulting the view of the concerned authorities." The Committee hopes that, as provided in article 213 of the Labour Code, the concerned minister shall in the near future issue a decree including provisions regarding scaffolds, hoisting appliances and the information of the persons concerned, as provided for in Articles 3(a), 7, 8, paragraphs 1(a) and 2(a), 14, paragraph 3, and 15, paragraphs 2 and 3, of the Convention.

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With reference to its observation on this Convention, the Committee requests the Government to indicate the measures which have been taken to give effect to the following provisions of the Convention.

1. Article 3(a) of the Convention. In its previous comments, the Committee noted that the national regulations contain no provision requiring employers to bring to the notice of all persons concerned - in a manner approved by the competent authority - the laws or regulations ensuring the application of Parts II to IV of the Convention and of the model code annexed to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give effect to the Convention on this point, for example by requiring that the text of provisions intended to give effect to Parts II to IV of the Convention and the model code referred to above be displayed on notice boards in building enterprises.

2. The Committee refers to its previous comments concerning Article 7 (the construction of suitable scaffolds by competent workers under the supervision of a competent and responsible person, of sound material and so constructed that no part thereof can be displaced in consequence of normal use; the periodic inspection of scaffolds and the prohibition of overloading; ensuring the strength and stability of scaffolds before authorizing their use by workers and before installing lifting gear), Article 8, paragraphs 1(a) and 2(a) (the construction of working platforms, gangways and stairways which are closely bordered and so constructed that no part thereof can sag unduly or unequally), Article 14, paragraph 3 (clear indication of the safe working load of a hoisting machine having a variable safe working load), and Article 15, paragraphs 2 and 3 (adequate precautions to reduce to a minimum the risk of the accidental descent of the load and of any part of a supsended load becoming accidentally displaced).

The Committee hopes that the application of the provisions in question will be ensured by texts which will be adopted during the process of revising the national legislation planned by the Government and mentioned by it in the communications received in 1992. The Committee requests the Government to supply full information on the progress achieved in this respect.

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The Committee notes the information supplied by the Government in its reports which were received in 1988 and 1991, as well as the additional information supplied in 1992.

In its previous comments the Committee noted that the national legislation contains no provisions respecting scaffolds, hoisting appliances and the information of the persons concerned, as provided for in Articles 3(a), 7, 8, paragraphs 1(a) and 2(a), 14, paragraph 3, and 15, paragraphs 2 and 3, of the Convention to ensure safety in the building industry.

The Committee notes that, in its communication of February 1992, the Government states that it is undertaking a revision of the national legislation and that the Ministry of Labour has established working groups to re-examine ratified and unratified Conventions relating to the protection of workers with a view to ensuring their strict application. The Government therefore requests time to enable it to resolve the points raised in the previous comments and states that it will take into consideration the provisions of the Convention when amending the Labour Code and Order No. 55 of 1983 respecting the conditions and protective measures necessary to ensure safety and health at the workplace.

The Committee takes due note of these indications. It recalls that the Government already stated in its report received in 1986 that the revision of Title V of the Labour Code, concerning safety and health, was under way and that instructions respecting scaffolds would be included, during the revision, in ministerial orders adopted under the above Title of the Labour Code. The Committee therefore hopes that the necessary measures will be adopted in the near future to bring the law and regulations into conformity with the standards set out in the Convention with regard to the safety of scaffolds and hoisting appliances and the information of the persons concerned with regard to the provisions adopted in this respect, and that the Government will report the progress achieved.

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The Committee thanks the Government for the information provided in its last report (which was not requested), in response to its direct request in 1988. The Committee will examine these observations with the Government's next report, which is due for 1991.