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

The Committee notes the information provided in the Government's latest report. The Government is requested to provide further information on the following points:

Article 5, paragraph 4. Further to its previous comments, the Committee notes the replies contained in the Government's latest report that the law does not prohibit labour inspectors from being accompanied by employers' representatives and workers' representatives. It notes the statement that labour inspectors, however, prefer not to be accompanied by employers' representatives and workers' representatives so that they are free in performing their duties, and workers are also given the freedom to express their opinions on any complaints brought against employers. In addition, employers do receive the recommendations made by labour inspectors concerning problems that need to be remedied after their debates in the occupational health and safety committees set up within the undertaking, and whose membership is also made up of workers' representatives. Labour inspectors have also the right to ask workers and employers if the need arises. The Committee, however, recalls once again that this provision of the Convention provides that employers' representatives and workers' representatives should generally have the opportunity to accompany inspectors, and the inspector may not provide them this opportunity only if this would be prejudicial to the performance of his or her duties. The Committee requests the Government to indicate whether, irrespective of national practice which could be in conformity with the provisions of the Convention, the representatives of employers or workers have the right, recognized by provisions of national legislation, to accompany labour inspectors on their inspection visits and whether they can have their right respected in case of a refusal of such request by the inspectors. The Committee hopes the Government will furnish the necessary information in this regard.

Article 6, paragraph 2. The Committee notes the replies to its previous comments contained in the Government's latest report that the owner of the undertaking, or the person responsible for its management, is the person who fulfils the conditions needed for occupational health and safety with respect to the workplace and its equipment in his capacity as the owner, or the person responsible for it. The subcontractor, however, is the person who provides the equipment for the personal protection of the workers. Consequently, the responsibility is complementary between them concerning the requirements of protection against the potential hazards at the workplace. The Committee once again recalls that the duty of each employer in such cases to collaborate is without prejudice to his or her responsibility for the health and safety of his or her employees. That responsibility may also be complementary to that of the other employer or employers undertaking activities simultaneously at the same workplace. More broadly, this provision of the Convention calls for employers undertaking activities simultaneously at one workplace to collaborate overall in respect of measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. Please indicate any measures taken or envisaged in this regard.

Article 8, paragraphs 1 and 3. Further to its previous comments, the Committee notes the information contained in the Government's report that Ministerial Order No. 55 of 1983 on the requirements to be fulfilled in the working environment and the levels of exposure to the pollutants in the working environment is currently being amended. The draft Order includes the specific limits of exposure to vibration and that this draft is under final revision before submission to the competent authority of the State. Furthermore, Order No. 55 of 1983 fully provides for the limits of exposure to noise. Please keep the Office informed on any progress made in amending the Order, and please supply a copy of the amended Order. The Committee would be grateful if the Government would provide indications on the measures taken or envisaged for revising the exposure limits to all these hazards in the light of current national and international knowledge and data.

Article 9. Further to its previous comments concerning the law of authorization for the use of equipment and installations which fixes the general specifications for new enterprises and the specifications for each activity, the Committee notes from the Government's report that copies of the laws on Permits No. 453 of 1954, No. 37 of 1956, and No. 373 of 1956 will be communicated to the Office when they are approved by the competent authority. The Committee hopes the Government will not fail to communicate copies of these laws that have been in force already for some time now.