Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's first report and would be grateful if the Government would supply detailed information on the following points.

Article 1, paragraphs 2 and 3, of the Convention. The Committee observes that building maintenance and repair work are excluded from the scope of the Labour Code, under its section 309. The Committee asks the Government to indicate its reasons for the exclusion of building and construction maintenance and repair work, and whether the representative organizations of the employers and workers concerned were consulted.

Article 3. The Committee recalls that in conformity with the provisions of this Article, the Government must consult the representative organizations of the employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. The Committee requests the Government to provide information on the manner in which the abovementioned organizations were consulted.

Article 4. The Committee notes that the Government adopted Safety and Health Regulations for the construction industry in 1979. Given the amount of time that has passed since the adoption of these Regulations, the Committee requests the Government to indicate whether it has undertaken an evaluation of existing health and safety hazards, with a view to taking the steps necessary in consequence to update the legislation applying the provisions of the Convention.

Article 5, paragraphs 1 and 2. The Committee notes that several guides and manuals have been published in respect of safety and prevention of accidents in the construction industry. The Committee would be grateful if the Government would include in its next report copies of the abovementioned publications, and indicate whether due account was taken of the relevant standards adopted by the international organizations recognized as standard-setting bodies, and if so, which.

Article 7. The Committee asks the Government to indicate how it ensures that employers and self-employed workers comply with the prescribed safety and health measures.

Article 8, paragraphs 1 and 2. The Committee notes that, in conformity with section 35 of the Labour Code, independent contractors are jointly responsible for wages, benefits and compensation due to workers. The Committee recalls that under this Article of the Convention, measures shall be adopted to ensure the coordinating of the prescribed safety and health measures and to establish responsibility for the effective application of such measures. The Committee requests the Government to indicate the measures adopted or envisaged to ensure application of this Article.

Article 12, paragraphs 1 and 2. The Committee recalls that under this Article a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health, and also that the employer is obliged to take immediate steps to stop the operation and evacuate workers as appropriate. The Committee requests the Government to indicate the legislative or regulatory provisions which give application to this Article.

Article 13, paragraph 2. The Committee would be grateful if the Government would provide information on the measures adopted to indicate places of access to and egress from all workplaces sufficiently, in accordance with the requirements of this provision of the Convention.

Article 15, paragraph 1(d). The Committee requests the Government to provide information on the provisions which stipulate that the results of examinations and tests of every lifting appliance and item of lifting gear shall be duly recorded.

Article 16, paragraphs 1 and 2. The Committee requests the Government to indicate the existing provisions which guarantee the requirements of this Article in respect of vehicles and earth-moving or materials-handling equipment, and also guaranteeing that such equipment should be operated by workers who have received appropriate training and that there is appropriate signposting and organization and control of vehicle traffic.

Article 17, paragraph 1(d). The Committee asks the Government to provide information on the measures adopted to ensure that workers operating plant, machinery and equipment have received appropriate training.

Article 17, paragraph 3. The Committee asks the Government to indicate the measures adopted to ensure that pressure plant and equipment shall be examined and tested by a competent person in cases and at times prescribed by national laws or regulations.

Article 20. The Committee asks the Government to indicate the provisions which establish the characteristics of cofferdams and caissons and guarantee that the work on and supervision thereof is undertaken by a competent person.

Article 21. The Committee asks the Government to indicate which provisions establish the nature of the medical examination which workers must pass in order to carry out work in compressed air and which ensure supervision of these operations by a competent person.

Article 22. The Committee asks the Government to provide information on the provisions which establish the characteristics of formwork, falsework and shoring, and also ensure that the erection of structural frames and components, framework, falsework and shoring are carried out only under the supervision of a competent person, so as to protect workers from the hazards involved in such operations.

Article 23. The Committee would be grateful if the Government would provide information on the measures adopted to protect workers undertaking work over or in close proximity to water.

Article 26, paragraphs 1 and 3. The Committee asks the Government to indicate the technical rules and standards in force to guard against danger from electrical equipment.

Article 27(b). The Committee asks the Government to indicate the provisions which ensure that a competent person is responsible for storing, transporting, handling or using explosives.

Article 28, paragraph 2(a) and (b). The Committee asks the Government to indicate the measures adopted to replace hazardous substances by harmless or less hazardous substances wherever possible, or the technical measures which shall be applied to the plant, machinery, equipment or process.

Article 28, paragraph 4. The Committee requests the Government to describe the measures envisaged to avoid destroying or disposing of waste on construction sites in a manner liable to be injurious to health.

Article 29, paragraphs 1 and 2. The Committee requests the Government to indicate the provisions in force which provide for appropriate measures to ensure protection against the risks due to fire.

Article 30, paragraph 2. The Committee asks the Government to indicate the provisions which guarantee that the employer shall provide the workers with the appropriate means to enable them to use the individual protective equipment, and shall ensure its proper use.

Article 32. The Committee asks the Government to indicate which measures have been adopted to ensure a supply of drinking water, the installation of sanitary and washing facilities, facilities for clothing and accommodation for taking meals and taking shelter at a distance, where work is being undertaken other than construction work for tunnels or galleries or where less than 50 workers are employed. The Committee would also be grateful if the Government would indicate the provisions which ensure separate sanitary and washing facilities for men and women workers.

Article 34. The Committee would be grateful if the Government would indicate the provisions in force to guarantee the reporting of occupational diseases to the competent authorities.