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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided in the Government's reports. The Committee notes, in particular, the information concerning measures taken to give effect to Article 11(c) and Article 18 of the Convention.

Article 1, paragraphs 1, 2 and 3. The Committee notes that the Public Personnel Commission, the competent authority to administer public service personnel, is reviewing the old regulations, in order to adapt them to new circumstances. Those regulations cover the branches of activity, excluded from the scope of Labour Proclamation No. 42/1993 and consequently from the scope of the Convention (armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors, etc.). The Committee hopes that the forthcoming regulation of public servants will ensure adequate protection to workers in excluded branches. The Committee requests the Government to provide a copy of the future regulation once it has been adopted.

Article 4. The Committee notes the Government's indication that a coherent national policy on occupational safety and health will be formulated after consultations within a tripartite Advisory Board whose establishment had been stipulated in section 170, paragraph 2, and section 171 of Labour Proclamation No. 42/1993. The formation of the Advisory Board was delayed due to the absence of a representative employers' organization. The Committee requests the Government to indicate any progress made in formulating and implementing the national policy in question.

Article 11(a). The Committee notes from the latest Government's report that the Labour Inspection Service has undertaken a study to facilitate the inclusion of matters relating to the design, construction and layout of undertakings into the national policy on occupational safety and health. It also notes the Government's statement that the Ministry of Labour and Social Affairs wishes to receive technical assistance from the ILO in elaborating the said policy. The attention of the Government should be drawn, in this respect, to the Occupational Safety and Health Recommendation, 1981, Part II of which contains the list of technical fields in which measures and actions should be taken in pursuance of the implementation of the national policy on occupational safety and health and which could be useful in the event of the elaboration of regulations, instructions or codes of practice. Concerning the request for technical assistance, the Committee hopes that an appropriate assistance will be provided by the ILO.

(b). In its previous comments, the Committee noted that dangerous trade or undertakings were to be classified by the inspectors and that, in accordance with section 170 of the Labour Proclamation, the classification of hazardous jobs could be established by directives of the Minister of Labour. The Committee points out once again that there is an essential difference between the classification of jobs and the determination of work processes, substances and agents to which exposure is prohibited, limited or made subject to authorization or control. In the absence of information, the Committee again requests the Government to indicate the measures taken to ensure that work processes, substances and agents to be prohibited, limited or made subject to authorization or control are determined.

(c). The Committee notes that no information is provided in the latest Government's report and requests the Government to indicate the measures taken to ensure that inquiries are held where cases of occupational accidents or diseases or any other injuries to health appear to reflect situations which are serious.

(d). The Committee notes the Government's statement in its report for the period ending June 1994 that the Labour Inspection Service would publish the information on occupational accidents and diseases that occurred at the national level since the establishment of the Occupational Safety and Health Centre. It requests the Government to indicate the manner in which it is ensured that the information on measures taken in pursuance of the occupational safety and health policy, and not on accidents or diseases that occurred, is published annually.

Article 12. With reference to its previous comments, the Committee notes the Government's indication that no specific regulation for the application of this Article has been issued. It requests the Government to indicate the measures taken to ensure the application of this provision of the Convention.

Article 13 and Article 19(f). The Committee notes that section 32 of the Labour Proclamation makes the permission for the termination of employment by the worker dependent on the employer's behaviour in the case of imminent danger threatening the worker's safety and health, while Article 13 of the Convention deals with a different situation, that is a worker should be able to remove himself, without undue consequences, from a work situation presenting an imminent and serious danger which does not have any connection with the employer's action. Thus, section 32 gives no effect to this provision of the Convention. Therefore, the Government is requested to indicate the measures taken or envisaged to ensure that a worker who removes himself from a work situation which he reasonably believes to present imminent and serious danger is protected from any undue consequences.

Noting that no information has been supplied in response to its previous comments concerning measures taken to ensure that the employer cannot require workers to return to a situation where there is continuing imminent and serious danger until remedial action has been taken, the Committee is bound to reiterate the request relating to this part of the provision of Article 19(f).

Article 14. The Committee notes with interest the information provided in the Government's report concerning measures taken in order to include in the programme of higher-education level courses on occupational safety and health. The Committee requests the Government to continue supplying information on further progress made in this regard.

Article 15. The Committee notes the Government's statements in the reports that the Advisory Board, which has not yet been established, will make appropriate arrangements in order to ensure the necessary coordination between various authorities and bodies for the effective implementation of the national policy on occupational safety and health and will determine the coordinating functions. The Committee requests the Government to provide particulars on the coordinating functions to be carried out by the Advisory Board with respect to the occupational safety and health policy once the Board has been established.

Article 17. The Committee notes from the Government's report that the collaboration in occupational safety and health matters among two or more undertakings engaged in activities simultaneously at one workplace consists of an exchange of advice and information. It requests the Government to indicate the measures taken or envisaged to ensure collaboration in the circumstances specified in this Article in applying the requirements of the Convention in occupational safety and health matters.

Article 19(c). The Committee notes from the Government's report that the workers' representatives are informed of measures taken by the employer to secure occupational safety and health by the existing system of inspection. It requests the Government to indicate what kind of arrangements (rules, codes of practice, instructions, etc.) have been made at the level of undertakings under which workers' representatives are given, by the inspectors or some other employees of the inspection service, adequate information on measures taken by the employer to secure occupational safety and health.

Article 19(e). The Committee notes from the Government's report that efforts have been made to create and to improve the awareness of the workers regarding the importance of occupational safety and health, through different means, in order to enable them to participate actively on this matter. It requests the Government to indicate the measures taken to ensure that workers have the right to inquire into and are actually consulted by the employer on all aspects of occupational safety and health.

Article 20. The Committee refers to the Government's report for the period ending June 1994 according to which management and workers had been advised to have close cooperation in every aspect of the promotion of occupational safety and health, including the establishment of safety committees, and to the intention of the Government, expressed in its first report, to adopt specific regulations which would be issued by the Minister of Labour and Social Affairs in order to ensure that there is close cooperation in safety committees. The Committee requests the Government to supply information on any progress made in this regard.

Article 21. The Committee notes from the Government's reports that the regulations, with specific provisions to ensure that occupational safety and health measures involve no expenditure for the workers, are not issued yet but employers and workers, in most instances, include the provision in their collective agreements. It asks the Government to supply a copy of such agreements, as examples, and a copy of the regulations, when adopted.