Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 115 (radiation protection) and 120 (hygiene – commerce and offices) together.

The Committee notes with interest that Decree No. 2015-211/PR/MTRA establishing the structure and operation of the National Occupational Safety and Health Committee (CNSST) was adopted by the Council of Ministers on 11 July 2015. The Government indicates in its report that the establishment of the CNSST will enable the promotion of a culture of prevention regarding OSH and the possibility of better working conditions, thereby limiting the risks of occupational accidents. The CNSST is responsible for issuing proposals and opinions on OSH regulations and on the development and implementation of national policy for the prevention of occupational risks.

Protection against specific risks

1. Use of white lead in painting (Convention No. 13)

Articles 1, 2 and 3 of the Convention. Prohibition of the use of white lead and sulphate of lead in the internal painting of buildings. In its previous comments, the Committee asked the Government to take the necessary steps to bring its legislation and regulations into conformity with the Convention. It notes the Government’s indication in its report that enterprises working in the construction sector attest that white lead, its derivatives and in general any lead-based product are not in the composition of paints or coatings. The Government adds that the use of white lead is neither prohibited nor authorized but, in view of its hazardous properties, a strict prohibition on the use of this product in construction work in the country is likely to be imposed in the near future. In this regard, it indicates that the CNSST will be consulted on this issue shortly. While noting the Government’s indications concerning the application of the Convention in practice, the Committee requests the Government to provide detailed information on all progress made regarding the adoption of the legislation or regulations giving full effect to all provisions of the Convention, including the outcome of the consultations of the CNSST on this matter.

Article 7. Statistics. The Committee notes the Government’s indication that the annual labour inspection report for 2014 does not mention any cases of lead poisoning among painters.

2. Protection against ionizing radiation (Convention No. 115)

Articles 3(1) and 6(2) of the Convention. Effective protection of workers against ionizing radiation. Review of maximum permissible doses and quantities in the light of new knowledge. The Committee previously noted the Government’s indication that Order No. 1010/SG/CG of 3 July 1968 concerning the protection of workers in hospitals and health facilities was due to be revised in order to take account of the revised exposure limits of the International Commission on Radiological Protection (ICRP). The Government also indicated that draft decrees giving effect to section 125 of the Labour Code concerning the adoption of safety and health protection measures in all workplaces and enterprises subject to the Labour Code in relation to various fields, including radiation, would be examined during the first session of the CNSST. In this regard, the Committee wishes to draw the Government’s attention to paragraphs 9 and 11, and paragraph 32, of its 2015 general observation on the Convention concerning the recommended dose limits for occupational exposure. The Committee requests the Government to provide information on the revision of Order No. 1010/SG/CG in the light of the 2007 recommendations of the ICRP, and on the adoption of draft decrees concerning the adoption of safety and health protection measures in relation to radiation, and to provide copies of these legislative texts once they have been adopted.

Article 7(1)(b). Exposure limits for young workers between 16 and 18 years of age. The Committee previously noted the Government’s indication that the threshold for the maximum permissible doses for exposure to radiation of young workers between 16 and 18 years of age would be determined following the official launch of the work of the CNSST. In this regard, the Committee draws the Government’s attention to the indications contained in paragraphs 13 and 34 of its 2015 general observation. The Committee requests the Government to take the necessary measures to fix appropriate levels of ionizing radiation for young workers aged between 16 and 18 years who are directly engaged in radiation work, as required by Article 7(1)(b), and to provide information on this subject.

Articles 9(2) and 15. Instruction of workers engaged in radiation work. Inspection services. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged to ensure that workers engaged in radiation work are duly informed, before and during the assignment of such work, of the precautions to take for their safety and the protection of their health.

3. Hygiene in commerce and offices (Convention No. 120)

Articles 10, 13–16 and 18. Comfortable and steady temperature in premises. Sanitary conveniences. Sufficient seats. Changing facilities. Standards of hygiene for underground or windowless premises. Protection against noise and vibrations. In its previous comments, the Committee asked the Government to provide information on the steps taken or contemplated to give full effect to the following Articles of the Convention: Article 10 (comfortable and steady temperature in premises), Article 13 (sanitary conveniences), Article 14 (sufficient seats), Article 15 (changing facilities), Article 16 (standards of hygiene for underground or windowless premises) and Article 18 (protection against noise and vibrations). It also noted that draft decrees provided for under section 125(a) of the Labour Code concerning general measures for the protection of safety and health in all workplaces and enterprises covered by the Labour Code – particularly with respect to lighting, ventilation or aeration, drinking water, sanitary facilities, evacuation of dust and fumes, precautions to be taken against fire, installation of emergency exits, radiation, noise and vibrations – would be examined during the first session of the CNSST. The Committee further notes that the Government is requesting technical assistance from the Office with a view to ensuring the effective application of the Convention. Noting the launch of the CNSST, the Committee requests the Government to provide detailed information on all progress made towards the adoption of decrees giving full effect to Articles 10, 13–16 and 18 of the Convention and to send copies of these texts once they have been adopted.