Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. The Committee notes the Government’s statement that new legislation relevant for the application of the Convention is under preparation. With reference to further needs for information on relevant legislation, the Committee requests the Government to submit copies of relevant legislative texts including, if possible, translations into one of the working languages of the Committee.

2. Articles 4 and 8 of the Convention. National legislation and exposure limits. The Committee notes with interest the adoption of Regulation No. 502 of 2000 (as amended by No. 88 of 2004) on health protection against the negative effects of noise and vibrations. It notes that sections 3(2) and 9 establish daily exposure limits for noise to 85 db(A) for an eight-hour working day, in accordance with the Convention. It also notes that sections 16 and 17 refer to its Appendix 9 provide for exposure limits for vibrations, but that a copy of this Annex was not included in the Government’s report. With respect to air pollution, the Committee notes the Government’s statement that Regulation No. 178 or 2001 is applicable to air pollution. The Committee requests the Government to provide additional information in its next report on the methods and criteria used for determining and regularly review the hazards of exposure to air pollution, noise and vibration, the international standards that have been taken into account in this context and the account taken of the increased hazards resulting from simultaneous exposure to several harmful factors at the same time.

3. Article 11, paragraphs 3 and 4. Workers’ right to alternative employment and to maintain their income. The Committee notes with interest that section 37 of the Labour Code provides for alternative employment for a worker when continued work involved with exposure to air pollution, noise or vibration is found to be medically unadvisable for the worker. It further notes the Government’s statement that workers’ right is also provided for under the social security legislation. The Committee requests the Government to provide additional information in its next report on the measures taken under the social security legislation to ensure that workers, for whom no alternative employment can be provided, can maintain their income, either through social security measures or otherwise. It also asks the Government to provide information on measures taken to ensure that the rights of workers under social security or social insurance legislation are not adversely affected by the implementation of this Convention.

4. Article 12. Notification to the competent authority. The Committee notes the Government’s statement that the Hygiene Service is the competent authority to which notifications shall be given for any occupational hazards of air pollution, noise and vibration. The Committee requests the Government to provide additional information on the particular of the processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, the use of which must be notified and of any conditions prescribed by the authority for the use of specified processes, etc. and of any prohibitions issued during the period covered by the report.

5. Part IV of the report form and Articles 5(4) and 16(b). Labour inspections and general appreciation of the application of the Convention. The Committee notes with interest the adoption of Act No. 251 of 2005 on Labour Inspection establishing the National Labour Inspection Office (NLI) and the Regional Labour Inspectorates (RLI), replacing the Occupational Safety Office (COSO) and the Occupational Safety Inspectorate (OSI). The Committee asks the Government to provide detailed information in its next report on labour inspections carried out with respect to air pollution, noise and vibration at the workplace, including on the participation in the inspection visits of representatives of the employer and workers, in accordance with Article 5, paragraph 4, of the Convention. It also asks the Government to provide statistical information on the number of workers covered by the Convention, disaggregated by gender if available, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.