Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's first report. The Committee notes the Government's reference to Federal Construction Regulations and New Construction Regulations and requests the Government to transmit copies of these regulations with its next report. The Government is requested to provide further information on the following points:

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that the occupational safety and health legislation covers all workers. It notes, however, that section 6 of the General Occupational Safety and Health Regulations (RGSHT) defines "work centres" for the purposes of the regulations as all establishments which produce goods or provide services. The Government is requested to indicate whether the provisions of the RGSHT are considered to be applicable to construction activities as well.

2. Article 4 and Article 5, paragraphs 1 and 2. The Committee notes the Government's indication, in its report, that the Federal Labour Inspectorate undertook a study concerning the occupational safety and health measures in the field of construction necessary for the application of the Convention, including a review of international standards. The Government is requested to indicate any new regulations, technical standards, or codes of practice adopted or issued to ensure the application of the Convention and to indicate the international standards taken into consideration at the time of their preparation.

Article 7. The Government is requested to indicate the measures taken or envisaged to ensure that, not only employers, but also self-employed persons in construction activities have the duty to comply with prescribed safety and health measures at the workplace.

Article 8, paragraph 2. The Government is requested to indicate the measures taken to ensure that employers and self-employed persons undertaking activities simultaneously at the same construction site cooperate in complying with prescribed safety measures.

Article 9. The Committee notes the Government's indication that there are no measures to ensure that designers and planners of construction projects take into account the safety and health of workers in their plans. The Government has indicated, however, that the Federal Construction Regulations provide that, in order to be granted a licence, a plan of the work to be done must be submitted and that section 192 of the Federal Construction Regulations sets forth the safety requirements called for in building plans and the execution of these plans. The Government is requested to provide further information on the requirements set forth in the construction regulations with respect to building plans and to indicate whether these plans are reviewed with respect to the safety and health of workers prior to the issuing of the necessary permit.

Article 12, paragraphs 1 and 2. The Committee notes that section 51 of the Labour Code provides that a worker can break his or her contract in the case of an existing serious danger to his or her health at the workplace. The Committee would recall, however, that this Article of the Convention provides that a worker shall have the right to remove himself or herself from the danger; which does not necessarily imply that a worker must go so far as to break the contract in order to avoid the danger. The Government is requested to indicate the measures taken or envisaged to ensure that a worker may simply remove him or herself from danger when he or she has good reason to believe that there is an imminent and serious danger to his or her safety or health. The Government is also requested to provide further information on the manner in which the safety and health departments, which according to the Government have the power to stop operations when there is an imminent danger, function.

Article 13, paragraph 2. The Committee notes that section 192 of the Federal Construction Regulations sets forth the safety requirements with respect to buildings. Sections 12 to 14 of the RGSHT provide for cleared and safe emergency exits in areas where risks are present to workers. The Government is requested to indicate the measures taken to ensure that the general means of access to and egress from all workplaces on construction sites are safe.

Article 16, paragraph 2. The Government is requested to indicate the measures taken to ensure that there are safe and suitable access ways and that traffic is organized and controlled as to secure safe operation on all construction sites on which vehicles, earth-moving or materials handling equipment are used.

Article 19. The Government is requested to indicate the measures taken or envisaged to ensure that adequate precautions are taken in any excavation, shaft, earthworks, underground works or tunnels in accordance with this Article.

Article 20, paragraph 1. The Committee notes the Government's indication in its report that there are no specific provisions to ensure the application of this Article, but that the employer is responsible for determining the technical standards necessary. The Government adds that the Vocational Institute for the Construction Industry (ICIC) Recommendation No. 138 provides that cofferdams and caissons should be well-constructed with appropriate material, escape passages for workers in the case of a break, used under the supervision of a competent person, with regular medical supervision of workers. The Government is requested to indicate the measures taken or envisaged to ensure that every cofferdam and caisson is of good construction and of adequate strength and that workers are provided with adequate means to reach safety in the event of an inrush of water or material.

Article 21, paragraph 2. The Committee notes the Government's indication in its report that, according to the National Chamber of Industry and Construction (CNIC), all workers working in compressed air are given medical examinations, including a clinical history to ensure that they are able to undertake this type of work. The Government is requested to indicate the measures taken or envisaged in law to ensure that only workers with the necessary physical aptitude may carry out work in compressed air.

Article 22. The Government is requested to indicate the measures taken or envisaged to ensure that the erection of structural frames and formwork is carried out under the supervision of a competent person, that it is so designed, constructed and maintained as to safely support all loads that may be imposed on it, and that adequate precautions are taken to guard against danger arising from any temporary state of weakness or instability of a structure.

Article 23. The Government is requested to indicate the measures taken or envisaged to ensure that adequate provision is made for preventing workers from falling into water and for the rescue of any workers in danger of drowning, in accordance with this Article of the Convention.

Article 28, paragraph 3. The Government is requested to indicate the measures taken to guard against danger where workers are required to enter into any area in which there may be an oxygen deficiency.

Article 30, paragraph 1. The Government is requested to indicate the measures taken or envisaged to ensure that the personal protective clothing and equipment to be provided by virtue of Instruction No. 17 and sections 159 to 174 of the RGSHT are furnished at no cost to the worker.

Article 32, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that facilities are provided at, or within reasonable access of, every construction site for accommodation for taking meals and for taking shelter during interruption of work due to adverse weather conditions.