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

The Committee notes with interest the information provided by the Government in its latest report, and in particular the information regarding the application of Article 5, paragraph 3; Article 7, paragraph 2; and Article 12 of the Convention.

Article 5, paragraph 4. Participation of representatives of the employer of the enterprise in labour inspection. The Committee notes that in accordance with sections 236, subsection 2; and section 237, subsection 3, of the Labour Code employees’ health and safety representatives as well as representatives of trade unions are empowered to monitor the labour protection situation at workplaces, and trade unions’ representatives can participate in the work of state commissions on testing the equipment and machinery before their use in production, on the investigation of occupational accidents at work, on the monitoring of labour protection situation of compliance with its improvement tasks as specified in collective agreements. While this provision of the Convention envisages that representatives of the employer and of the workers of the undertaking shall have the opportunity to accompany inspectors supervising the application of the measures prescribed, the Government is requested to indicate under which provisions the representatives of the employer of the enterprise may participate in such supervising activity.

Article 6, paragraph 2. Collaboration between two or more employers. The Committee notes the Governments’ reference to contracts on common works concluded by employers, undertaken simultaneously, activities at one workplace which contain mutual duties, as well as to the separate responsibilities of each employer established in the Labour Code. The Committee requests the Government to supply, with its next report, copies of or extracts from such contracts with clauses establishing the employers’ duty to collaborate in order to comply with the prescribed measures.

Article 8, paragraph 3. Procedures by which the established criteria and exposure limits are regularly supplemented. The Committee notes that one of the basic principles of occupational safety established in section 209 of the Labour Code deals with regular improvements in occupational safety standards. The Committee also notes the information about the creation of the Central Occupational Safety and Health Laboratory under the direction of the State Labour Inspectorate as well as its main purpose to carry out determination of safety and health conditions at workplaces. The Government is requested to provide information about the role and specific activities of the State Labour Inspectorate and this Laboratory in ensuring that the criteria and exposure limits established are supplemented and reviewed at regular intervals in the light of current national and international knowledge and data.