Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. With reference to its previous comments, the Committee notes the information that the Labour Law Reform, Phase Two, announced in the Government’s previous report, has not been completed. The Committee requests the Government to take all necessary action to ensure that this legislative reform is brought to a successful conclusion in order to ensure full implementation of the Convention, in particular regarding the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee notes that the Government has not responded to its previous comment with respect to this Article. The Committee notes that, in accordance with section 61, subsection 2, of the Occupational Health and Safety Act, 2003, the Minister may make rules and regulations prescribing standards for the emission level in respect of dusts or fumes or other impurities of such a character. The Committee hopes that such rules and regulations will be adopted and will require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall specify exposure limits on the basis of these criteria (paragraph 1); that in the elaboration of the criteria and the determination of the exposure limits the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned (paragraph 2); and that the criteria and exposure limits will be supplemented and revised regularly, in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace (paragraph 3). The Committee asks the Government to provide information in its next report on any developments in this respect.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining the income of transferred workers. The Committee notes that the Government has not responded to its previous comment with respect to this Article. The Committee notes that sections 71 and 72 of the Occupational Health and Safety Act, 2003, stipulate that no employer shall cause his employees to carry out work that is not adapted to their physical and cognitive capabilities and limitations. The Committee requests the Government to indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures.