Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's first report. It would draw the Government's attention to certain points.

1. Article 5 of the Convention. The Committee notes that section 20 of the Labour Protection Act provides for cooperation between employers and employees on issues of labour protection. For this purpose, labour protection boards are set up or, in enterprises with less than 50 employees, proxies are appointed by employees or their trade union. The Committee points out that Article 5 of the Convention calls for prior consultations regarding laws or regulations on safety and hygiene matters designed to give effect to the provisions of the Convention. The Committee accordingly requests the Government to indicate whether and, if so, in which manner consultations have taken place to this effect with the representative organizations of employers and workers concerned.

2. Article 6, paragraph 2. The Committee notes that both the Labour Inspection Act and the Regulations No. 53 on Statutes on Labour Inspection do not provide for penalties applicable in case of any infringement of the legislation on safety and hygiene issues. It would request the Government to indicate in its next report what penalties are applicable in cases of violation of the legislation in question. However, if those penalties do not exist, the Committee would ask the Government to indicate the measures envisaged to ensure the application of this Article.

3. Article 7. The Committee notes that section 6 of the Labour Protection Act provides for places of work, aisles and roads to be kept tidy and in order. The Committee would point out that Article 7 of the Convention calls for properly maintained and clean premises. The Government is asked to provide additional information on the measures taken or envisaged in order to satisfy this requirement.

4. Article 17. The Committee notes that section 7 of the Labour Protection Act stipulates that the use of harmful substances is only allowed in working places equipped in accordance with the norms of labour protection. The Committee accordingly would request the Government to specify the norms of labour protection to which section 7 of the Labour Protection Act refers. The Committee also notes that this section of the Labour Protection Act does not prescribe personal protective equipment. It requests the Government to provide additional information on measures taken or envisaged to ensure that full effect is given to this provision of the Convention.

5. Articles 4, 8, 9, 10, 11, 12, 14, 15, 16 and 18. The Committee notes that the provisions of the Labour Protection Act only concern the requirements as regards the working environment. It also notes the Government's indication in its report according to which the requirements of these Articles found in Part II of the Convention are regulated by legal acts, however, without giving any further specification in this regard. The Committee would point out that the provisions of the Labour Protection Act do not ensure full observance of the detailed requirements set forth in Part II of the Convention. It recalls that Article 4 of the Convention requires the adoption of laws or regulations to ensure compliance with each specific obligation found in Part II of the Convention. The Committee states that the following Articles of the Convention have no analogue in the Latvian legislation: Article 8 (ventilation of premises); Article 9 (sufficient and suitable lighting); Article 10 (comfortable and steady temperature); Article 11 (safe and healthy organization of workplaces); Article 12 (supply of wholesome drinking water); Article 14 (suitable seats); Article 15 (suitable facilities for workers to change, leave and dry clothes which are not worn at work); Article 16 (standards of hygiene in underground and windowless premises); and Article 18 (reduction of noise and vibration). The Committee would be grateful if additional information could be supplied on measures taken or contemplated to give effect to these Articles of the Convention. It wishes to point out that for this purpose, and as provided for by Article 4(b) of the Convention, the Government may find useful guidance in the Hygiene (Commerce and Offices) Recommendation, 1964.