Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes with interest the information provided in the Government's first and second reports. It requests the Government to provide further clarification on the following points:

1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that ILO technical assistance has been received with a view to drafting a wide-scope occupational safety and health law which would apply not only to factories, as is the case with the present legislation, but also to wholesale, retail trade, restaurants and hotels; transport, storage and communications; community, social and personal services; and the self-employed. The Government is requested to indicate in its next report, the progress made towards the adoption of the new legislation and to provide a copy of the text as soon as it is available.

2. Article 1, paragraph 3. The Committee notes from the Government's report that fishing and maritime shipping have been excluded from the application of the Convention due to the specific nature of their operations and that maritime shipping is covered by special legislation implemented by the Department of Merchant Shipping of the Ministry of Communications and Works. The Government is requested to indicate the measures taken to give adequate protection to workers in the fishing industry and to continue to provide information on any progress made towards wider application of the Convention with respect to these two excluded branches of economic activity, in accordance with paragraph 3 of this Article.

3. Article 2, paragraphs 1, 2 and 3. The Committee notes the Government's indication that domestic servants and members of the armed service are excluded from the application of the Convention. The Government is requested to indicate, in its next report, the reasons for excluding these categories of workers and to keep the Office informed of any progress made in the future towards wider application of the Convention with respect to these categories of workers.

4. Articles 4, 5 and 8. The Committee notes the indication in the Government's report that the Ministry of Labour and Social Insurance has prepared a draft Declaration concerning the National Policy for Occupational Safety and Health which is to serve as a basic Code for the Government and the social partners. The Government is requested to indicate the progress made in the adoption of this Declaration and provide a copy of the text as soon as it is available.

5. Article 12. The Committee notes that section 29 of the Factories Law as amended in 1989 provides that anyone who sells, leases or transfers machinery must ensure its safety and provide information concerning its proper installation and use. It further notes the indication in the Government's report that provisions have been drafted in the proposed legislation to cover similar responsibilities with respect to substances. The Committee hopes that the new legislation will ensure that, not only sellers and lessors, but also designers, manufacturers, and importers of machinery, equipment or substances are responsible for: ensuring that the machinery, equipment and substances do not entail dangers for the safety and health of those using them correctly; making information available concerning their correct installation and use; and keeping abreast of scientific and technical knowledge in this regard. The Government is requested to provide a copy of the relevant legislation as soon as it has been adopted.

6. Articles 13 and 19(f). The Committee notes the Government's indication that workers who remove themselves from imminent and serious danger would be protected from dismissal by the Industrial Disputes Court which would take this provision of the Convention into account in its judgement. The Government has also indicated that measures to ensure a worker reports any situation of imminent and serious danger to his or her immediate supervisor and that the employer cannot require workers to return to such a work situation until the necessary remedial action is taken, shall be taken into account in the proposed legislation. The Government is requested to keep the Office informed of the progress made in including these measures in the new legislation and to indicate the measures taken or envisaged to ensure that workers are protected from any undue consequences, including penalties other than dismissal, resulting from their decision to remove themselves from imminent and serious danger. The Government is also requested to provide any Industrial Court Judgements issued concerning the workers' right to remove themselves from imminent and serious dangers.

7. Article 15. The Committee notes the indication in the Government's report that, within the framework of the technical assistance provided by the ILO, the establishment of a unified inspectorate between the Ministry of Labour and the Ministry of Commerce and Industry was recommended in order to ensure closer collaboration. The Government is requested to keep the Office informed of any progress made in this regard.

8. Article 17. The Government has indicated in its report that the Building and Works of Engineering Construction (Safety, Health and Welfare) Regulations provides for cooperation among the main contractors and subcontractors, but that this Article of the Convention will be more adequately applied to all enterprises in the proposed legislation. The Government is requested to indicate the measures taken or envisaged to ensure collaboration among all undertakings working at one workplace.

9. Articles 19(e) and 20. The Committee notes that the Safety Committees at Places of Work Regulations only apply to certain sectors of economic activity and that section 3(4)(c) provides that any person employed at the enterprise may be elected a safety representative "provided he has worked at such establishment or a similar establishment for a period in excess of two years". The Committee further notes from the Government's latest report that two Ministerial Orders were issued in 1992 to extend the scope of the Regulations to cover two more industries and that it is intended to gradually move towards covering all branches of economic activity. The Government is requested to indicate the manner in which it is ensured that workers or their representatives are enabled to inquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work, and that management and workers and/or their representatives cooperate within the undertaking in enterprises where there may be no safety representatives because the two-year requirement of section 3(4)(c) cannot be met or in those sectors not covered by the Safety Committees' Regulations.