Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the Government’s report, including information in reply to its previous comments, in particular the information regarding the application of Articles 5(b), 10, 11(b), (e) and (f), 12(c) and 19(d) of the Convention. The Committee requests the Government to supply further clarifications and supplementary information on the following points:

2. Article 5, paragraph (e). Protection of workers from disciplinary measures. The Committee notes the Government’s reference to section 24 of Act No. 1605-XII of 22 April 1992 on Trade Unions which restricts disciplinary actions against public labour inspectors. As the Convention provides for the protection not only of workers’ representatives but also of workers themselves from disciplinary measures, the Government is requested to indicate the extent to which such protection of workers from disciplinary measures as a result of actions properly taken by them, is taken into account in the policy on occupational safety and health.

3. Article 17. Collaboration applying with the requirements of the Convention when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that in response to the Committee’s request for information on relevant provisions giving effect to this Article of the Convention, the Government refers to the rules of training with respect to safe methods and techniques of work, rules on training with respect to carrying out instructions and control of occupational safety and health knowledge approved by decree of the Labour and Social Protection Ministry on 30 December 2003 No. 164, including provisions dealing with training intended for employees seconded from undertakings other than those which organize training. The Committee notes that these regulate more general issues than those related to training provided for in Article 17 and requests the Government to indicate measures taken or envisaged to ensure that undertakings engaged in activities simultaneously at one workplace collaborate in applying the requirements of this Convention.

4. Article 18. Measures to deal with emergencies and first-aid arrangements. The Committee refers to its previous comments where it requested the Government to supply copies of the regulations on the: investigation and registration of industrial accidents and occupational diseases No. 60/170 of 17 May 1999, and the regulations on the procedure of holding a technical inquiry into the causes of industrial accidents and incidents at hazardous production facilities, approved by the Ministry of Emergency Situations of 28 June 2000 which were mentioned by the Government as instruments giving effect to this Article. The Committee notes that, in its latest report, which did not include copies of these texts, the Government refers to another instrument, namely the rules on investigation and registration of accidents and occupational diseases in industry approved by decree of the Council of Ministers No. 18, adopted in January 2004, giving effect to this Article of the Convention. Noting that this decree only addresses measures related to occupational accidents, the Government is requested to indicate relevant legislative or other provisions giving effect to Article 18 requiring employers to provide for measures to deal with emergencies including adequate first aid arrangements.

5. Part V of the report form. The Committee notes with interest the State Labour Inspectorate Department’s report which contains a complete description of the different activities of the Inspectorate, including measures related to accident prevention. The Committee also notes with interest the information concerning the Inspectorate’s initiative to create a coordinating council of state and public control bodies for the observance of labour and labour protection legislation. As the activities of such a central body may, as provided in Article 15, contribute to ensuring coherence of the policy on occupational safety and health in the country, the Committee would be grateful if the Government would keep it informed of how the council contributes to such coherence of the national policy on occupational safety and health in the country. The Committee would also request to continue to be informed of the activities of the State Labour Inspectorate Department.