Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the detailed information provided by the Government in its report for the period ending on 30 June 2002. It requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 5(b). Relationship between the material elements and persons carrying the work as the main sphere taken into account by the national policy. The Committee takes note of the information supplied by the Government in its report on occupational safety rules, standards of the system of occupational safety (state, sectoral and at the level of enterprises), building codes and regulations, sanitary regulations and rules and occupational health standards as well as other instruments (instructions, certificates of compliance, etc). The Government is requested to indicate the extent to which the national policy on occupational safety and health covers the relationship between the material elements of work and the persons who carry out or supervise the work.

Article 5(e). Protection of workers’ and their representatives from disciplinary measures as the main sphere taken into account by the national policy. The Committee takes note of articles 222 and 223 of the Labour Code stipulating that every worker shall have the right to refuse to perform assigned work in case of imminent danger to his health and life and that of other workers. Since Article 5(e) of the Convention is wider in scope with respect to actions of workers and their representatives and consequences of such actions, the Government is requested to indicate measures taken or envisaged in order to ensure that workers and their representatives were protected against disciplinary measures as a result of action properly taken by them.

Article 10. Guidance for employers and workers in order to help them to comply with their legal obligations. The Committee notes that the Government’s report contains no information about the effect given to this provision of the Convention. It requests the Government to indicate measures taken or envisaged with a view to providing employers and workers with guidance in order to help them to comply with their obligations.

Article 11(b). The determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority. The Committee takes note of the Government’s reference to the control exercised by sanitary and industrial laboratories of the enterprises and by territorial sanitary and epidemiological services of the Ministry of Health. It also notes that special attention is drawn at the enterprise level to the use or production of substances, which may be conducive, by their properties and physical impact, to the deterioration of a worker's health, and that permissible level limits (PLL) and permissible concentration limits (PCL) of these factors are specified in the sanitary rules and regulations and occupational health requirements concerned. The Government is requested to give specific information on how the competent authority limits, prohibits or authorizes work processes, substances and agents liable to damage workers’ health.

Article 11(e). Annual publication of information on occupational accidents, diseases and injuries arising in connection with work. The Committee takes note of the Government’s reference to instruments dealing with the specific employers’ obligations to carry out the investigation and registration of industrial accidents and occupational diseases as well as to the fact that the information reflecting the results of this activity is published in the mass media. The Government is requested to supply with its next report examples and copies of such publications.

Article 11(f). Introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Government is requested to indicate the measures taken to introduce systems for the examination of the effect of chemical, physical and biological agents on workers’ health.

Article 12(c). Studies and researches necessary to ensure that machinery and equipment, when correctly designed, manufactured and installed do not entail dangers for the safety and health of those using it correctly. The Committee notes a lack of information on measures to give effect to this provision and requests the Government to provide information on studies or researches undertaken in this respect.

Article 17. Collaboration in complying with the requirements of the Convention when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s reference to the building codes and rules establishing specific obligations with respect to organizations whenever works are carried out at a construction site. The Government is requested to indicate any general legislative or other provision whereby undertakings in the circumstances specified in this Article are required to collaborate in applying the relevant rules on occupational safety and health.

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. The Committee notes the Government’s reference to the Regulations on the Investigation and Registration of Industrial Accidents and Occupational Diseases No. 60/170 of 17 May 1999 and to the Regulations on the Procedure of Holding a Technical Inquiry into the Causes of Industrial Accidents and Incidents at Hazardous Production Facilities, approved by the Ministry of Emergency Situations of 28 June 2000 as instruments giving effect to this Article. The Government is requested to supply with its next report copies of the above texts.

Article 19(d). Arrangements at the level of undertakings to train workers’ representatives. The Committee notes that article 226, subparagraph 9, of the Labour Code establishes the employers’ obligation to ensure training (instruction), briefing, upgrading and examination of knowledge of workers on labour protection issues. While this provision of the Convention provides that the relevant arrangements also should be made in relation to workers’ representatives at the level of undertaking, the Government is requested to indicate whether the employers’ obligation on this regard also includes the workers’ representatives.