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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. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:
– Ministry of Welfare Decree No. 25/1996 (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health;
– Ministry of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk, as amended by Ministry of Welfare Decree No. 57/1997 (XII.21) NM;
– Ministry of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure;
– Ministry of Welfare Decree No. 4/1997 (II.21) NM as amended by Government Decree No. 143/1997 (IX.3) Korm, and Ministry of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;
– Ministry of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;
– Ministry of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries;
– Ministry of Industry, Trade and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents; and
– Ministry of Welfare Decree No. 59/1997 (XII.21) NM.
Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.
Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.
Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.
1. The Committee notes the information contained in the Government’s report. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:
2. Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.
3. Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.
4. Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.
The Committee notes the information contained in the Government's reports in reply to its previous comments.
1. Further to its previous comments, the Committee notes the information that the national policy (programme) on occupational safety and health which was expected to be accepted in the second half of 1997 was only ready by February 1998 owing to prolonged consultations. Having been prepared as a parliamentary resolution, the policy could not be enacted as legislation because of the preparations for the general elections which took place in the spring of 1998 and because of other problems related to coordination. It is expected that the policy will be accepted in 1999. The Committee hopes that the policy/programme on occupational safety and health will be adopted shortly and a copy will be sent to the Office.
2. The Committee notes from the Government's report that several regulations implementing and supplementing the provisions of Act No. 93 concerning occupational safety and health have been adopted. With a view to examining this and the questions raised by the Committee in its previous comments, the Committee requests the Government to provide copies of the following texts:
Minister of Welfare Decree No. 25/1996. (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health (text also requested under Convention No. 148, direct request 1997);
Minister of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk (text also requested under Convention No. 148, direct request 1997), as amended by Minister of Welfare Decree No. 57/1997 (XII.21) NM;
Minister of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure (text also requested under Convention No. 148, direct request 1997);
Government Decree No. 233/1996 (XII.26) on rules of procedure concerning hazardous substances and hazardous preparations and its modifying Government Decree No. 70/1998 Korm, and Minister of Welfare Decree No. 4/1997 (II.21) NM on its execution as amended by Government Decree No. 143/1997 (IX.3) Korm, and Minister of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;
Minister of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;
Minister of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries.
Ministry of Industry, Trade, and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents;
Minister of Welfare Decree No. 59/1997 (XII.21) NM.
The Committee requests the Government to also indicate in detail which provisions of these Decrees and regulations provide for its previous comments which were formulated as follows:
Article 5(a) and (b) of the Convention. The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.
Article 11(a), (b), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.
Article 12. Please indicate the measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.
Article 16, paragraph 2. Please indicate provisions of national laws whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.
Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.
The Committee takes note of the information provided in the Government's first report.
1. The Committee notes from the Government's report that in connection with the ratification of this instrument a complete revision of the national legislation on occupational safety and health had been envisaged. This process had begun from the adoption of Act No. 93 of 1993 after which the laws issued during the preceding period should be reviewed. The process in question has not finished yet. At the same time, a draft National Occupational Safety Programme has been elaborated, and national policy on occupational safety and health is being formulated, in conformity with Article 4 of the Convention. The Committee hopes that the current simultaneous process of the formulation and implementation of a national policy on occupational safety, occupational health and the working environment, on the one hand, and of the adoption of laws and regulations in this sphere, on the other hand, would be achieved in the near future and requests the Government to supply all texts and documentation once they have been adopted.
2. The Committee requests the Government to supply additional information on the following points.
Article 5(a) and (b). The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.
Article 11(a), (b), (c), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.
Article 12. Please indicate measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.
Article 16, paragraph 2. Please indicate provisions whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.