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

The Committee notes the information supplied by the Government in its report and in particular concerning the application of Articles 6 and 7 of the Convention.

It requests the Government to supply in its next report additional information on certain questions raised in its previous comments.

1. Articles 2 and 5. In its previous comments the Commission requested the Government to indicate if medical examinations until the age of 18 or 21 years, as appropriate, were also required for undertakings employing fewer than 20 workers who are not required to use a particular physician, pursuant to section 12 of Decree No. 6341.

The Committee notes from the Government's report that undertakings employing fewer than 20 workers, under provisions of the employment contract or pursuant to internal regulations approved by the Minister of Labour, require workers, including those under 18 years of age, to present a medical certificate certifying that they are fit for work and free from any disease.

The Committee requests the Government to indicate if the medical examination for fitness for employment is carried out by a qualified physician approved by the competent authority as prescribed under paragraph 2 of Article 2. It also requests the Government to indicate if these examinations can involve the child or young person, or his parents, in any expense, and recalls that such a practice is contrary to the provisions of Article 5.

2. Article 3(2). In its previous comments the Committee noted that section 16 of Decree No. 6341 of 1951 provides for the medical examination of all employees at the time of their recruitment as well as periodic examinations during the course of their employment.

The Committee requested the Government to indicate if the examination provided for under section 16, subparagraph 2, of Decree No. 6341 is repeated at intervals of not more than one year for young persons until 18 years of age and at more frequent intervals in special circumstances in respect of the risks involved in the occupation and of the state of health of the young person.

The Committee notes the indications of the Government that section 5 of Decree No. 4568 of 30 June 1960 provides that workers must undergo a periodic medical examination, in particular those carrrying out dangerous work, those who are less than 18 years of age ... and that the occupational physician shall set the number, methods and the date of these examinations. The Committee also notes the indications of the Government that as the hours of work of the undertaking's physician were set at one hour each month for every 20 workers (section 13 of Decree No. 6341), this "allows for workers to undergo periodic examinations at intervals of not more than one year".

The Committee observes that the provisions of section 5 of Decree No. 4568 do not provide for the annual frequency of the medical examination required by the Convention for children and young persons under 18 years of age and leaves the physician the option to decide on their number and methods. Moreover the monthly number of hours of work does not appear to be sufficient to ensure the application of this provision of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention and to supply information on the application in practice of section 5 of Decree No. 4568 providing in particular extracts of reports of labour inspection services and, if such statistics are available, information on the number and nature of the contraventions reported (Part V of the report form). The Committee also requests the Government to supply the text of Decree No. 4568 of 1960.

3. Article 4. The Committee notes that, according to the information provided by the Government in its report, within the context of activities of the special committee responsible for taking internal measures to give effect to ratified Conventions, the provisions of the Convention will be taken into consideration, so that undertakings in which dangerous activities are carried out, whatever the number of their employees and whatever the age of these employees, will be required to have a physician responsible for examining workers on a periodic basis. The Committee requests the Government to indicate in its next report the measures taken or envisaged by the above committee to ensure that a medical examination is required until at least the age of 21 years for work involving high health risks.