Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observations, the Committee requests the Government to provide additional information on the following points.

Article 7, paragraph 1. Measures to require workers to comply with safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration in the working environment. The Committee notes the information provided by the Government indicating the numerous provisions which state the obligations on the employer with regards to the safety and health of their workers in the workplace. The Committee asks the Government to indicate the provisions requiring workers to comply with safety procedures against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8, paragraph 2. Elaboration of criteria and determination of exposure limits shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned. The Committee notes the information provided by the Government indicating that representatives of employers and workers are directly involved in the process of creating regulations in the field of health and safety and work. The Committee reiterates its request that the Government indicate whether the opinions of technically competent persons, designated by the most representative organizations of employers and workers concerned, were taken into account in the elaboration of the criteria and the determination of the exposure limits to air pollution, noise and vibration at work.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes that section 11 of the Health and Safety Act, 1999, states that work-related health impairment may not affect an employee’s pay nor encroach upon their economic and social status acquired through work. The Committee also notes that section 15(4) of the Rules on protection of workers from risks related to exposure to noise at work, and section 10 of the Rules on protection of workers from risks related to exposure to vibration at work, state that where a medical practitioner advises the employer of adverse effect on the worker’s health caused by exposure to noise or vibration, the employer should, inter alia, consider the possibility of transferring the worker to another workplace, which does not entail the risk of further exposure. Furthermore, the Committee notes the information that, under section 91 of the Pension and Disability Insurance Act, an insuree who can work full-time in their profession but is unable to work in the working place to which they have been assigned, obtains the right to reassignment, and has the right to a disability benefit (section 92). The Committee asks the Government to provide information on measures taken or envisaged to ensure that an employer must consider the possibility of transferring a worker whose continued assignment to work involving exposure to air pollution is found to be medically inadvisable; and to provide information on the application of sections 91 and 92 of the Pension and Disability Insurance Act in practice.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government stating that, according to the 2008 annual report of the labour inspectorate, irregularities identified during inspections are often due to insufficient awareness by workers and employers with regards to hazardous and noxious substances. The Committee also notes the information indicating that there is a need to promote the hazards of vibration at the workplace given the lack of practice in this area, except in occupations where such a hazard is obvious, for example forestry work and wood processing. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of awareness in workplaces on hazards from the use of noxious substances, and from vibration; and to continue to provide information on the application of the Convention in practice.