Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further information on the following points:

Article 1, paragraph 3, of the Convention. The Committee notes that the Law concerning Working Environment, Health and Safety in the Workplace No. 46 of 1980 excludes certain branches of economic activity, such as air traffic, maritime fishing and shipping and diving. The Government indicates that these activities have been excluded from the Convention and appropriate measures are taken to protect workers under other legislation specific to these activities (the Directorate of Shipping Law No. 51/1970 and Law No. 12/1976). The Government is requested to indicate in subsequent reports any progress made towards wider application of the Convention to these excluded branches of activity.

Article 5(e). The Committee notes from the Government's report that workers' representatives are protected from disciplinary measures as a result of actions properly taken by them under the occupational safety and health policy by virtue of section 9 of Law No. 46, 1980, and section 11 of Law No. 80/1938. The Government is requested to indicate the manner in which workers who do not have any representative status are protected from disciplinary measures in this respect.

Article 8. The Government is requested to supply information on any regulations which might be issued under Law No. 46 either by the Administration of Occupational Safety and Health (AOSH) Board, under sections 7, 34, 38, 40 and 43 or by the Minister of Labour under sections 73 and 81.

Article 11. (a) The Committee notes that section 38 provides that the AOSH Board shall issue more detailed instructions concerning work methods, workplaces, production processes, etc. Under section 93, the AOSH receives applications from all enterprises which are to commence operations or change them and is to determine whether they are in conformity with the law. The Government is requested to indicate, in its next report, whether any instructions have been issued concerning the determination of conditions governing design, construction and layout of undertakings.

(b) The Committee notes that under section 51 of Law No. 46, the AOSH may prohibit the production, transportation and use of dangerous substances and goods. The Government is requested to indicate whether any work processes, substances or agents have been prohibited, limited or subject to authorization or control.

(c) The Committee notes that, under section 81 of Law No. 46, employers are to report occupational diseases and accidents to the chief of police or to the AOSH within 24 hours. The Government is requested to indicate the measures taken to ensure that annual statistics concerning occupational accidents and diseases are published.

(e) The Government is requested to indicate the measures taken to ensure the publication of information on the measures taken in pursuance of the policy on occupational safety and health and on occupational accidents and diseases.

Article 13. The Government has indicated in its report that section 26 of Law No. 46 provides that a worker who is aware of a defect or deficiency which can lead to limited safety must immediately notify the safety representative, foreman or employer. Once the incident has been reported, it is the duty of the safety representative to halt the operation or remove the workers if it is indeed exposing them to a serious danger. Furthermore, workers who remove themselves upon the instruction of the safety representative are not responsible for any kind of damage which may have occurred. The Government is requested to indicate the measures taken to ensure that individual workers (even if they have not been able to notify a foreman or safety representative) who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger are protected from undue consequences.

Article 14. The Committee notes the indication in the Government's report that various methods are used to ensure education and training at technical and professional levels of education. The Government is requested to indicate the methods used.

Article 15. The Committee notes that Chapter XII of Law No. 46 sets forth the duties and provides for coordination among the various authorities. Section 89 provides that the Minister shall issue instructions concerning the cooperation of the AOSH and other public institutions. The Government is requested to provide information on any instructions issued in this regard.

Article 16, paragraph 3. The Committee notes that section 38(d) provides that the AOSH Board shall issue instructions about the design and use of protective equipment. The Government is requested to indicate the measures taken to ensure that employers provide the necessary protective clothing and equipment for workers.

Article 18. The Government is requested to indicate the provisions which ensure that employers are required to provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements.