Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes with interest the information contained in the Government's report and the various texts of law and decrees that have come into force concerning safety and health in the building and public works sector. In particular it notes Law No. 93-1418 of 31 December 1993 amending the provisions of the Labour Code applicable to the building and civil engineering sector as regards safety and health at work. This Law has been completed by four Decrees, No. 94-1159 of 26 December 1994 (on the integration of safety and the organization of coordination of safety and health in the building and civil engineering sectors), Decree No. 95-543 of 4 May 1995 (on inter-enterprise organs for safety, health and conditions of work ), No. 95-607 of 6 May 1995 (establishing the list of regulations to be observed by independent workers and employers carrying out their own work on building or civil engineering worksites), and No. 95-608 of 6 May 1995 (amending the Labour Code and various regulatory texts with a view to making them applicable to independent workers and to employers who carry out their own work on building and civil engineering worksites).

The Committee notes the Government's statement that Decree No. 94-1159 of 26 December 1994 will help apply the provisions of the Convention, in particular those concerning scaffolds, hoisting appliances, and other works and first-aid appliances. In addition the Committee notes with interest the Government's statement that the new provisions give a new impetus to protection in this sector by the improvement resulting from the measures for collective protection provided for therein, through the coordination entrusted to a specialist coordinator. It also notes with interest the statement that Decree No. 95-607 of 6 May 1995, which extends coverage of safety and health provisions to independent workers and employers executing their own building works, has permitted to combat attempts at avoiding the application of safety and health regulations by using independent workers and employers constructing their own works.

2. With regard to its previous comments concerning the comments made by the French Democratic Confederation of Labour (CFDT), the Committee notes the information contained in the Government's report on the measures taken to bring to the attention of all persons concerned, including independent workers and employers carrying out their own construction work, and from the first day of work, the pertinent legislation, as required by Article 3(a) of the Convention. The Committee would be grateful if the Government would ensure that such measures are also taken with respect to temporary workers that the CFDT, in its earlier comments had estimated, in the absence of statistics on temporary workers, to be about 80,000 in the sector.

Article 4 and point V of the report form. Further to its previous observation based on the earlier comments of the CFDT, the Committee notes the information provided by the Government, including the statistics of occupational accidents for 1993, as well as the activity report of the Organization for Accident Prevention in the Building and Public Works Industry (OPPBTP) for 1995. It requests the Government to continue to supply information on the practical application of the Convention in its next report.