Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s comprehensive report. It notes the information supplied by the Government with regard to Article 5, paragraph 2(a), and Article 7 of the Convention. Further to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 3. Prohibition of employment of young persons and women. The Committee notes article 195 of the Employment Relations Act (Ur.1.RS, 42/02) specifying the work, which may not be carried out by a worker under the age of 18. With regard to painting work involving the use of white lead, article 195, paragraph 2, of this Act stipulates that a worker under the age of 18 may not be engaged to carry out work involving exposure to risk factors and procedures, and work which, according to the risk assessment, entails a risk to safety, health and development of the worker. The types of work covered by article 195, paragraph 2, of the Employment Relations Act have to be defined by an executive regulation which, pursuant to paragraph 4, is to be issued by the minister competent for labour in agreement with the minister competent for health. In this respect, the Committee notes the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003, issued by the minister responsible for labour in agreement with the minister responsible for health in application of articles 195 and 214 of the Employment Relations Act (Ur.1.RS, 42/02). Pursuant to article 6 of the above Rules, young persons under the age of 18 years are prohibited to carry out work for which the risk assessment indicates a potential harmful effect on safety, health and development. In assessing the risk, the employer must, inter alia, take into account certain risk agents, such as lead and its compounds. According to the Committee’s understanding, work involving the use of lead or its compounds is not generally prohibited for young persons under the age of 18 years, but restricted. The Committee hence reminds the Government that Article 3, paragraph 1, of the Convention calls for the prohibition of any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. According to Article 3, paragraph 2, of the Convention, the competent authorities are authorized to permit the employment of painters’ apprentices in the work prohibited by virtue of Article 3, paragraph 1, of the Convention, after consultation with employers’ and workers’ organizations concerned, with a view to their education in their trade. Thus, young persons under 18 years of age may only be engaged to carry out work involving the use of white lead or sulphate of lead or other products containing these pigments for education purposes. The Committee accordingly requests the Government to take the necessary measures to bring article 6 of the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003 in line with the provision of Article 3 of the Convention.

As to the protection of women, the Committee notes article 187, paragraph 1, of the Employment Relations Act (Ur.1.RS, 42/02) stipulating that workers shall have the right to special protection in employment due to pregnancy and parenthood. Article 189, paragraphs 1 to 3, of this Act provide for the prohibition of carrying out certain types of work during pregnancy and breastfeeding period. These types have to be determined in an executive regulation. In this respect, the Government refers to the Rules on the protection of health at work of pregnant workers and workers who have recently given birth or are breastfeeding (Ur.l.RS, st. 82/03) prohibiting the exposure of pregnant women to certain chemical substances such as, inter alia, lead and derivates of lead capable of being absorbed by the human organism. The Committee notes that the above provisions only grant a special protection to pregnant women, women who have recently given birth or to breastfeeding women, but not to women workers in general. It therefore recalls the provision of Article 3, paragraph 1, of the Convention, which provides for the prohibition of employment of all female workers in painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this provision of the Convention.

2. Article 5, paragraph 1(a). With reference to its previous comments, the Committee notes that the Government’s report does not contain any information on whether there exists a regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.