Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied in the Government's report in response to its previous comments, particularly as concerns Article ll(e) and (f) and Article 15, paragraph 1, of the Convention. It requests the Government to provide further information in its next report on the following points:

Article 5(e) of the Convention. The Committee notes the information provided by the Government to the effect that an employer is prohibited from dismissing or suspending a worker unjustifiably and from restricting workers' rights granted by law. Please indicate the legislative provisions which ensure a worker's right to take action in conformity with the national policy on occupational safety and health and the working environment free from disciplinary measures.

Article 11(b). The Committee notes the information supplied in the Government's report concerning a proposed annex to Instruction No. 10 to be entitled "Maximum Possible Concentration for Mixed Pollutants". Please indicate if this annex has been approved and, if so, please provide a copy with the next report.

Furthermore, the Committee notes the Government's indication of a lack of information concerning simultaneous exposure to several substances or agents. In this regard, it may be useful for the Government to refer to the Report of the World Health Organisation's Expert Committee on Health Effects of Combined Exposures in the Work Environment, published in 1981. This study notes, in particular, the problems resulting from exposure to mixtures of organic solvents; metals and mineral dust; welding fumes and foundry dusts and fumes; rubber processing chemicals; and mixed exposures to noise and vibration. Please indicate the progress made towards including consideration of these special hazards due to simultaneous exposure in the determination of work processes, and the control, authorisation or prohibition of substances and agents.

Article 12(a) and (c). The Committee would recall that this Article of the Convention refers to the obligations on the part of those who design, manufacture, import, provide or transfer machinery, equipment or substances which will later serve for occupational use. The above-mentioned persons are to satisfy themselves that the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly and undertake studies and research to keep abreast of the scientific and technical knowledge in this regard. These provisions aim at ensuring that certain safety precautions be taken prior to the use of machinery, equipment or substances at the level of the undertaking. Please indicate the measures taken to ensure that designers, manufacturers, importers as well as those who provide or transfer machinery, equipment or substances comply with this provision.

Article 12(b). The Committee notes the information provided by the Government to the effect that fertilisers and toxic substances must be marked with information concerning the hazards involved in their use, directions for their safe use, as well as antidotes in the case of poisoning. Please indicate the measures taken to ensure that those who design, manufacture, import, provide or transfer machinery and equipment also make available information concerning the correct installation and use of machinery and equipment, and on the hazards of machinery, as well as instructions on how known hazards are to be avoided.

Articles 13 and 19(f). Please continue to provide information on any legal precedents, administrative circulars or additional doctrinal interpretations which would help to ensure and clarify a worker's right to remove herself or himself from work situations which the worker is reasonably justified to believe present imminent and serious danger to his or her life or health.

Article 14. The Committee notes with interest the information supplied in the Government's report concerning the recommendation by the Subcommittee on Regulations for the National Advisory Committee on Occupational Safety and Health to include aspects of occupational safety and health and the working environment in the curricula at all levels of education and training, including medical studies. Please indicate whether any further steps have been taken in this regard.

Article 17. The Committee would recall that this Article specifically provides that collaboration in applying the requirements of this Convention occur between undertakings engaged in activities simultaneously at one workplace. The assurance of such collaboration is essential to the full application of this Convention. Please indicate the measures taken or envisaged to ensure conformity with this provision.

Article 21. The Committee has noted that section 510 of the Federal Labour Act provides that workers' participation in various safety and health committees shall not be remunerated but that such participation shall take place within the working day. Please provide texts of the legislative provisions or collective agreements which clarify that workers participating in these various safety and health committees will not suffer any decrease in their regular salary for being absent from work in order to participate in these Committees.