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

1. The Committee notes the information contained in the Government’s report, and particularly that the provisions of sections L.231-1 and L.231-2 of the Labour Code are applicable to public road transport enterprises, to private transport enterprises and to enterprises for air transport and allied activities, thereby giving effect to Article 1, paragraph 1, of the Convention.

2. Article 4, paragraph 1, and Article 8, paragraph 3. Prevention and control of occupational hazards and protection against such hazards. The Committee notes the adoption of Decree No. 2005-746 of 4 July 2005 respecting safety and health requirements applicable in cases of exposure of workers to risks due to mechanical vibrations (amending the Labour Code). Although the provisions of this Decree strengthen the rules for the protection of the health of workers in relation to hazards due to vibrations, the Committee notes that the Decree’s provisions do not appear to apply to work in mines and quarries, or in rail, road, sea and air transport enterprises. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to secure the protection of workers against occupational hazards due to vibrations in mines and quarries, as well as in rail, road, sea and air transport enterprises.

3. Article 5, paragraph 4, Article 7, paragraph 2, and Article 9. Opportunity for representatives of the employer and of workers to accompany inspectors; right of workers or their representatives to take action to ensure protection against occupational hazards due to air pollution, noise and vibration and the elimination of any hazard due to these risks. The Committee notes that the Government has not provided information on the issues raised previously. It therefore reiterates its request to the Government to provide information in its next report on the application of these Articles of the Convention.

4. Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes that section R.232-8-1(III) of the Labour Code provides that the results of measurements of exposure to noise shall be made available to the labour inspector who is consequently informed of all noisy activities located in an enterprise. The Committee requests the Government to indicate whether effect is given to this Article by a system under which permits may be issued or by establishing conditions for the exercise of activities requiring the use of certain processes, substances, machinery or equipment and, if so, to provide information on its application in practice.

5. Part IV of the report form. The Committee notes the statistical data attached to the report relating to trends in the number of occupational diseases registered between 1994 and 2003, and the results of medical supervision of hazards and analysis of measurements relating to noise at work. The Committee requests the Government to provide additional information on the practical application of the Convention, including relevant extracts of inspection reports and any statistics available on the number of infringements reported and any sanctions imposed.