Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Iraq (Ratification: 1985)

1. The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It has also taken note of the provisions of the new Labour Code which set a general framework for measures in the area of occupational safety. It would recall, however, that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. The Committee has noted that section 107 of the Labour Code, requiring certain measures to be taken by the employer, refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its report, the Government has referred to Instruction No. 22 of 1987 concerning occupational safety and Act No. 89 of 1981 on public health which deal with occupational safety and health issues generally. The Committee requests the Government to supply copies of any laws or regulations prescribing specific measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, in accordance with Article 4 of the Convention. The Committee hopes that such laws or regulations will, in accordance with Article 1, cover all branches of economic activity in the application of the Convention.

2. The Committee requests the Government to provide the following information:

Article 6. Section 5 of Instruction No. 22 of 1987 concerning occupational safety and health provides that employers are responsible for protecting workers from safety and health risks generally. Paragraphs 9, 15 and 18 of this section refer to employers' general responsibilities concerning air pollution and noise. In accordance with this Article, however, measures must be taken to ensure the employers' responsibility for compliance with the specific measures for the prevention and control of, and protection against occupational hazards due to air pollution, noise and vibration. The Committee requests the Government to provide further information concerning the employers' responsibility with regard to these specific measures. It also requests the Government to indicate the measures taken to ensure that employers who undertake activities simultaneously at one workplace have the duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his other employees.

Article 7. Section 6 of Instruction No. 22 provides that workers must comply with safety and health measures generally. The Committee requests the Government to indicate the measures taken to ensure a worker complies with safety procedures relating specifically to prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration, as well as to guarantee workers' rights to present proposals, to obtain information and training and to appeal to appropriate bodies so as to ensure protection against such hazards.

Article 8. Section 5(15) of Instruction No. 22 requires an employer to limit the noise level to 85 decibels. The Committee requests the Government to indicate the criteria elaborated to make this determination and to indicate whether the opinion of technically competent persons designated by the most representative employers' and workers' organisations was taken into account. It also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits.

Article 9. Technical and organisational measures to eliminate the hazards of exposure to air pollution, noise and vibration.

Article 10. Sections 5(1) and 5(7) of Instruction No. 22 require the employer to provide protective equipment for the workers' safety and health generally. By virtue of this Article, however, a provision for special personal protective equipment at workplaces where the air pollution, noise and vibration levels exceed the exposure limits determined by the competent authority is necessary. The Committee requests the Government to indicate the measures taken to ensure the provision of adequate protective equipment when these fixed levels have been exceeded.

Article 11, paragraphs 2, 3 and 4. Section 5(22) of Instruction No. 22 provides for periodic medical examinations. The Committee requests the Government to indicate whether these examinations are free of cost to the worker. It also requests the Government to supply information concerning the provision of suitable work alternatives or income maintenance for workers whose continued assignment to work involving such exposure is determined to be medically inadvisable and the assurance that there are no adverse effects to workers' rights under social security or social insurance legislation.

Article 12. Determination of types of processes, substances, machinery and equipment the use of which is required to be notified to the labour inspectorate.

Article 13. Sections 4(II)(e) (4 and 5) and 5(1) of Instruction No. 22 concern the provision of safety and health information to workers. The Committee requests the Government to indicate the measures taken to guarantee the provision of information specific to potential occupational hazards in the working environment due to air pollution, noise and vibration and instruction in the measures available for the protection and control of such hazards.

Article 14. Measures for the promotion of research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Article 15. Circumstances requiring the appointment of a competent person to deal with matters in the workplace pertaining to the prevention and control of air pollution, noise and vibration.

Article 16. Provision of appropriate penalties and inspection services to ensure full application of the provisions of the Convention.

3. Article 5. The Committee also requests the Government to indicate whether, in giving effect to the provisions of the Convention, the most representative employers' and workers' organisations concerned have been consulted and whether they are associated with the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of Article 4. Finally, the Government is requested to indicate the measures taken to ensure close collaboration between employers and workers in the application of these measures and to provide for the representative of workers in the enterprise to have the opportunity to accompany inspectors supervising the application of such measures.