Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, in particular the adoption of Executive Decree No. 05-11 of 8 January 2005 laying down the conditions of establishment, organization and operation of the health and security service and its functions. It notes, however, that the Decree contains no provisions giving effect to the Articles of the Convention which it addressed in previous comments. The Committee is therefore bound to reiterate its previous observation concerning the following points:

1. Article 14 of the Convention. The Committee notes the information supplied by the Government on the requisite dimensions of the seats to be made available for workers. It reminds the Government that this Article of the Convention provides that sufficient and suitable seats shall be supplied for workers and that workers shall be given reasonable opportunities of using them. The Committee points out that requirements as to the dimension of the seats do not give effect to Article 14 of the Convention. Noting, moreover, that according to the Government no new regulations have been adopted, the Committee again recalls that Executive Decree No. 91/05 of 19 January 1991, currently in force, establishing general requirements for protection in the area of occupational safety and health, which lays down arrangements for the application of Act No. 88/07 of 26 January 1998, section 19 of which requires seats to be made available only in changing rooms, does not give effect to Article 14 of the Convention. The Committee accordingly trusts that the Government will take appropriate steps to ensure that sufficient and suitable seats shall be supplied for all workers covered by the Convention and that the workers shall be given reasonable opportunities of using them.

2. Article 18. Further to its previous comments on the application of this Article of the Convention, the Committee notes the general information supplied by the Government to the effect that ear protectors are provided in workplaces where it is difficult to reduce noise at source. The Committee notes that section 16 of Executive Decree No. 91/05 of 19 January 1991 states that, where it is acknowledged that the collective measures of protection against noise provided for in section 15 are impossible to implement, suitable individual protection equipment must be made available to the workers. The Committee further notes that ear muffs are to be provided for this purpose. It requests the Government to indicate which provision requires the workers concerned to be provided with ear muffs. The Committee points out to the Government that Article 18 of the Convention requires the adoption not only of measures to reduce the harmful effects of noise but also measures to reduce vibrations likely to have harmful effects on workers. It accordingly requests the Government to provide additional information on the measures taken or envisaged to reduce vibrations likely to have harmful effects on workers.

2. The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.