Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3, paragraph 2, of the Convention. X-ray film of the lungs. In its previous comments, the Committee noted the Government’s information to the effect that the texts which were to be adopted pursuant to Act No. 94-027 of 17 November 1994 issuing the Health, Safety and Work Environment Code, should make it mandatory for an X-ray film of the lungs to be carried out on the occasion of the medical examination of persons under 21 years of age. The Committee notes with interest that, by virtue of section 8 of Decree No. 2003‑1162 of 17 December 2003 organizing occupational medicine, every worker, before being hired or, at the latest, in the month after being hired, “shall undergo a medical examination including at least one X-ray film of the lungs”. Furthermore, it notes that, by virtue of sections 7 and 9 of the Decree, periodical medical examinations are also compulsory and that these examinations include “special medical examinations for workers exposed to the risk of occupational diseases”.

Article 4, paragraphs 4 and 5. Records in respect of persons under 21 years of age. The Committee notes the Government’s information to the effect that records must be kept by the employer consisting of three parts: personal data, data concerning the worker’s position within the undertaking, and a separate section for visas, observations, and formal notices from the labour inspector against the undertaking. The Committee notes that, even though the copy of these records, sent by the Government with its report, clearly indicates the employee’s date of birth, it does not contain any indication of the nature of the work and does not include a certificate attesting to fitness for employment, as required under Article 4 of the Convention. The Committee notes, however, that by virtue of article 6 of Decree No. 2007-563 on child labour, the employer must keep records referring to the full identity, the type of work, the salary, the number of hours of work, the state of health, the schooling, and the situation of the parents of each child employed. The Committee therefore asks the Government to take the necessary steps to ensure that it is compulsory for employers to keep records indicating the date of birth, duly certified wherever possible, an indication of the nature of the occupation and a certificate which attests fitness for employment, for each person aged between 18 and 21 years who is employed or works underground, and to make these records available to workers’ representatives at their request.