ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene – commerce and office), 155 (OSH) and 167 (OSH in construction) together.
The Committee notes the information provided by the Government in its reports in response to the Committee’s previous comments on the following Articles:
  • -Convention No. 155: Articles 4 and 7 (periodic review of national policy and the national situation with regard to OSH); Article 5(a) and (b) (control of material elements of work and adaptation of the working environment to workers); Article 12(a) and (b) (requirements for workers who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use); and Article 20 (measures taken to ensure cooperation between employers and workers in the enterprise);
  • -Convention No. 167: Article 6 (cooperation between employers and workers).
Draft on the Labour Code. The Committee notes the draft on the Labour Code, dated October 2015, which was sent by the Government. It notes that this text contains a set of provisions on OSH (Book VI of the draft) and aims to codify the provisions of the national legislation in force, namely Act No. 88-07 of 26 January 1988 on occupational hygiene, safety and health (Act No. 88-07) and its implementing regulations. The draft provides that all provisions that are contrary to the Labour Code shall be repealed through the adoption of the Code, and that the provisions of regulations adopted pursuant to the legislation concerned shall remain in force until they are replaced, on condition that they are in conformity with the provisions of the Labour Code. Recognizing the scope of the legislative revision process under way, the Committee requests the Government to take into account the points raised below, in order to ensure the full conformity of the legislation with the ratified Conventions on OSH, in the context of the ongoing reform process.

General provisions

Safety and health of workers (Convention No. 155)

Article 13 of the Convention. Protection of workers who have removed themselves from a work situation presenting an imminent and serious danger. In the absence of a reply from the Government on this point, the Committee once again requests the Government to provide information on any measures taken to ensure the protection of workers against any unjustified consequences if they have removed themselves from a situation which they have reasonable justification to believe presents an imminent and serious danger.

Protection in specific branches of activity

Hygiene in commerce and offices (Convention No. 120)

Articles 14 and 18 of the Convention. Suitable seats for workers. Protection against noise and vibrations. In its previous comment, the Committee requested the Government to take the necessary measures to give effect to Articles 14 and 18 of the Convention. The Committee notes that the Government once again refers, in its report, to a draft Executive Decree amending Executive Decree No. 91-05 of 19 January 1991 on the general protection requirements applicable to hygiene and safety in the work environment. The Committee requests the Government to provide information on all progress made in this regard, and to provide a copy of the aforementioned Executive Decree once it has been adopted.

Safety and health in construction (Convention No. 167)

Articles 14–24 and 27 of the Convention. Technical standards. Prevention and protection measures. Scaffolds and ladders; lifting appliances and gear; transport, earth-moving and materials-handling equipment; plant, machinery, equipment and hand tools; work at heights; excavations and underground works; cofferdams and caissons; work in compressed air; structural frames and formwork; work over water; and demolition. Explosives. In its previous comment, the Committee noted that the following Executive Decrees gave partial effect to Articles 14–19 and 21–24 of the Convention: No. 05-12 of 8 January 2005 on specific hygiene and safety requirements applicable to the construction, public works and hydraulics sectors; No. 91-05 of 19 January 1991 on the general protection requirements applicable with regard to occupational hygiene and safety; and No. 2-427 of 7 December 2002 on the conditions for the organization and provision of information and the training of workers in the area of prevention of occupational risks. It also noted that no information had been provided by the Government on the application of Article 20. With regard to Article 27, the Committee noted the Government’s indication that the provisions governing explosives were being prepared in the context of technical safety regulations. The Committee notes the Government’s indication that draft technical regulations have been developed and will be adopted in consultation with the housing, urban planning, public works and transport, and water resources sectors, and with the social and economic partners and parties involved in the prevention of occupational risks. The Committee requests the Government to take into account the detailed provisions of Articles 14–24 and 27 of the Convention in the formulation of the technical safety regulations, and to send a copy of the regulations once they have been adopted.
Application of the Conventions in practice. Adequate inspection services. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General and Autonomous Confederation of Workers in Algeria (CGATA) received on 9 June 2015.
The Committee also notes the information provided in the Government’s report in reply to its previous request, concerning the duty of employers and self-employed persons to comply with the prescribed safety and health measures (Article 7 of the Convention).
Article 6. Cooperation between employers and workers. The Committee notes that in its observations, the CGATA asserts that the new draft Labour Code makes no provision for the establishment of safety and health committees even in enterprises with fewer than 50 employees in the construction sector. The Committee notes that according to section 23 of Act No. 88-07 of 26 January 1988 on occupational, safety, health and medicine, and section 2 of Executive Decree No. 05-09 of 8 January 2005 on joint committees and safety and health officers, any enterprise employing more than nine workers on indefinite contracts are required to establish such committees. According to the abovementioned provisions, in units or establishments employing nine or fewer workers, a safety and health officer is appointed by the head of the unit or establishment. The Committee requests the Government to send its comments on the CGATA’s observations.
Article 5. Technical standards. Articles 14 to 24 and 27. Measures for prevention and protection. Further to its previous comment, the Committee notes that the Government indicates that a technical safety regulation is to specify the conditions needed to implement the provisions of the Convention is under study. The Committee also notes that technical standards covering subjects related to accident prevention in the construction sector are developed by the Algerian Standardization Institute (IANOR) in technical committees at national level which periodically review international standards adopted in this area. It notes in this connection the annex sent by the Government listing the technical standards adopted by the IANOR. The Committee requests the Government to continue to provide information on progress made in drafting the technical safety regulation and to provide a copy as soon as they have been adopted. It hopes that the regulations will set sufficiently detailed technical prescriptions in order to give full effect to Articles 14 to 24 and 27 of the Convention.
Application in practice. In the absence of any information on this point the Committee again requests the Government to give a general appreciation of the manner in which the Convention is applied in practice and to provide statistical information on the number of workers covered by the relevant legislation, the number and nature of infringements reported and the number, nature and causes of the occupational accidents and cases of occupational disease notified.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 7. Duties of self-employed persons. The Committee notes the reference made to section 7 of Law No. 88-07 of 26 January 1988 on hygiene, safety and medicine at work, which requires the employer to take the safety of workers into account when choosing techniques and technologies and when organizing work. The Committee asks the Government to provide further information on whether the requirements of Article 7 apply to self-employed persons.
Articles 14–17. Scaffolds and ladders; lifting appliances and gear; transport; and plant, machinery, equipment and hand tools. The Committee notes the reference to section 22 of the Executive Decree No. 05-12 of 8 January 2005 concerning the specific health and safety standards applicable to the construction industry, which states that the following should be built, assembled and arranged, as appropriate, to ensure maximum safety of use: scaffolding, ladders, platforms, walkways and stairs; lifting appliances and gear; transport, earth-moving and materials-handling equipment; and plant, machinery, equipment and hand tools. The Committee notes that the above-mentioned legislation refers to the issues in these provisions of the Convention albeit not with the same level of detail. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to give effect to all the requirements under Articles 14, 15, 16 and 17 of the Convention.
Articles 18–19, 21–24. Work at heights; excavations and underground works; work in compressed air; structural frames and formwork; work over water; and demolition. The Committee notes the reference made to Executive Decrees Nos 91-05, 2-427 and 05-12 including the reference to section 23 of the latter which requires employers to take all appropriate technical measures to ensure the necessary safety when undertaking the following kinds of work: work at heights including roof work; excavations, earthworks and galleries; underground work; work over water; demolition work; and work in compressed air. The Committee notes that the abovementioned legislation refers to the issues in these provisions of the Convention albeit not with the same level of detail. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to give full effect to all the requirements under Articles 18, 19, 21, 22, 23 and 24 of the Convention.
Article 27. Explosives. The Committee notes the information provided by the Government indicating that provisions relating to work with explosives are being prepared as part of a technical regulation on safety. The Committee asks the Government to provide a copy of the abovementioned technical regulation once it has been adopted, and to indicate the specific provisions which give effect to Article 27 of the Convention.
The Committee also notes that the Government has omitted to provide information on the application of Article 1(3), Article 2, Article 5, Article 8(2), and Article 20 of the Convention. The Committee requests the Government to provide information on the application of these Articles of the Convention, in law and in practice.
Part VI of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer