Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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:

Articles 4, 5, 6, 7 and 15 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a national policy and a Council for Occupational Safety and Health, as an expert advisory body, is in the process of being set up (article 43 of the Law on Occupational Safety and Health J0.1992/07). This Council will, inter alia, review and provide recommendations concerning OSH programmes, a strategy for coherent policy for preventing and reducing workplace injuries and drafting legislative texts on OSH. The Committee would be grateful if the Government would keep it updated of any progress in this respect and to transmit a copy of this law as soon as it has been adopted.

Article 10. Measures taken to provide guidance to employers and workers to help them to comply with legal obligations. The Committee notes that in this respect the Government only refers to the enforcement actions to be taken by the labour inspectorate. The Committee notes, however, that there is no reference to guidance and information on OSH to be given to employers and workers to ensure compliance. The Committee requests the Government to provide further information on measures taken to give effect to this Article.

Article 11, paragraphs (a) to (f). Provisions concerning the progressive implementation of functions. The Committee notes that the Government refers to draft regulations which are going to be adopted in 2008 that reportedly regulates a number of issues relevant for the application of paragraphs (a) to (f). The Committee requests the Government to report on progress made in this respect in 2008 and to keep it informed on subsequent developments in this respect.

Article 12, paragraphs (a) to (c). Obligations for those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the Government refers to regulations on OSH and the working equipment and on personal protective equipment used by employees during work which are not available and which seem to regulate other issues than those regulated in this Article. The Committee requests the Government to provide further information on measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that the machinery, equipment or substances do not entail dangers; (ii) make available information concerning the correct installation and use of machinery, equipment and substances; and (iii) undertake studies and research to comply with the above obligations.

Article 14. Measures taken or envisaged with a view to promoting the inclusion of questions of OSH at all levels of education and training. The Committee notes that the Government’s report is silent on this issue. The Committee would like to draw the Government’s attention to the importance of OSH education and training not only those immediately concerned with the issue but also for the society at large. The Committee requests the Government to indicate measures taken in law and in practice to give effect to this Article of the Convention.

Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies concerned in giving effect to the national OSH policy. The Committee notes that consultation with the most representative organizations of employers and workers is to be held through the Economic and Social Council to be set up. The Committee recalls that systems for coordination and cooperation between the different authorities and bodies involved in the administration of the national OSH system are necessary to ensure coherence of action at all levels and to facilitate the flow of, and access to, information. The assignment of this function to a central body is an effective way to enhance the performance of such systems. Mechanisms for the consultation of organizations of employers and workers as well as other stakeholders and their participation in policy and legislation development and review are also needed to take their views and concerns into account and ensure their support in implementation. The Committee requests the Government to keep it informed on the progress achieved in this respect.

Article 19, paragraphs (d) and (e). Measures to ensure that workers’ representatives are given adequate information and appropriate training and that they can have recourse to technical experts. The Committee notes that article 31 of the OSH Law regulates that the employer must provide each employee with appropriate OSH training. The Committee notes that as regards to the training to be provided to the workers’ representatives, the Government indicated that this is to be regulated in legislation or possibly through collective agreement. The Committee requests the Government to provide further information on measures taken or envisaged to give full effect to this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported etc.