Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1979)

1. In its previous comments concerning the application of Article 11, paragraph 1 of the Convention, the Committee had noted that, according to comments made by the Trades Union Congress in 1985, medical supervision of workers was not adequately carried out in the United Kingdom and that the existing legislation only affected a small minority of the national workers. The Committee had further noted that, while regulations existed for medical supervision as concerns air pollution in some industries, no generally applicable procedures existed to cover all workplaces which might give rise to occupational hazards due to air pollution. The TUC had indicated that the then draft Regulations concerning the control of substances hazardous to health apparently contained the provisions necessary for the effective application of Article 11. With reference to its observation of this year, the Committee has noted the adoption of these regulations. It notes with interest that regulation 11 provides for periodic medical surveillance of workers exposed to certain hazardous substances. The Committee would note, however, that this Article of the Convention also calls for pre-assignment medical examinations to be provided, as determined by the competent authority. The Committee notes the indication in the Government's report concerning regulations specific to work with asbestos, lead and chemicals which require pre-assignment medical examinations. It requests the Government to indicate whether any measures are envisaged to ensure pre-assignment medical examinations for workers exposed to the substances listed in Schedule 5 of the Regulations so as to ensure that when it is not medically advisable for a worker to be engaged in work involving certain exposure to hazardous substances, in accordance with regulation 11(6), the worker will not be obliged to take up such an assignment until the periodic examination is held as much as one year later, in accordance with regulation 11(5).

2. The Committee notes with interest the Government's indication in its report that the legislation necessary to meet the requirements of the EEC Directive on the protection of workers from the risks related to exposure to noise at work (86/188/EEC) came into force in Great Britain on 1 January 1990 and that it is hoped that the implementation of this legislation will make it possible to ratify the Convention in respect of noise. The Committee looks forward to learning of further developments in this regard and requests the Government to continue to supply information on any measures taken to implement the EEC Directive in Northern Ireland, in accordance with Article 2, paragraph 2 of the Convention.

3. With reference to its previous comments concerning vibration, the Committee notes that the Government, while maintaining its position that its knowledge of the risks related to vibration and the precautions needed are insufficient to warrant the legislation required to satisfy the requirements of the Convention, has adopted the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations, 1988, the Agriculture (Field Machinery) Regulations (Northern Ireland), 1985 and, following the adoption of the British Standards 6842:1987 on assessment of vibration exposure, is developing guidance on how risks from hand/arm vibration should be controlled. The Committee looks forward to learning of further progress along these lines in giving effect to the Convention in respect of vibration, and hopes that the Government will be in a position to supply details in subsequent reports in conformity with Article 2, paragraph 2 of the Convention.