Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Latvia (Ratification: 1993)

The Committee takes note of the Government’s report. It notes the information supplied by the Government with regard to Article 6, paragraph 2, and Articles 16 and 17 of the Convention.

Further to its observation and with reference to its previous comments, the Committee draws the Government’s attention to the following points on which additional measures are required.

1. Article 12. The Committee notes the Government’s indication that the Cabinet of Ministers’ Regulations No. 235 concerning mandatory harmlessness and quality requirements of drinking water, monitoring and control procedure thereof, of 29 April 2003, gives effect to this Article. The Committee, without having been in a position to examine the Regulations No. 235, however, notes that the latter Regulations would address in the first place the quality requirements of the drinking water and do not provide for the supply of wholesome drinking water to the workers. The Committee therefore requests the Government to supply a copy of the above Regulations for its examination.

2. Article 14. The Committee notes that neither the Labour Protection Law of 2001 nor the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in the workplace contain provisions providing for suitable seats. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention. To this effect, the Government may find useful guidance in the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), as provided for by Article 4(b) of the Convention.

3. Article 18. The Committee notes the Government’s indication that the Cabinet of Ministers’ Regulations No. 66 concerning the labour protection requirements for safeguarding of the employees against risks arising from noise of the working environment, of 4 February 2003, provide for labour protection requirements of workers against the risks occurring by noise in the working environment, especially if deterioration of the hearing of the worker is to be feared. The Committee requests the Government to communicate the text of the above Regulations for further examination. It further notes with interest paragraph 12.7 of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in the workplace providing that noise caused by ventilation and air-heating devices must not exceed the permissible noise level. Paragraph 28.8 of the latter Regulations prescribes, inter alia, that workers shall not be exposed to noise that exceeds the maximum permissible level prescribed by regulatory enactments. The Committee requests the Government to indicate whether such regulatory enactments have been already issued, and, if that is the case, to supply a copy for further examination of the Committee. As to vibrations, the Committee notes the adoption of the Cabinet of Ministers’ Regulation No. 284 of 13 April 2004 concerning labour protection requirements for safeguarding of employees against risks of vibration in the work environment, to transpose the requirements and principles set forth in Council Directive 2002/44/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration). It notes that the above Regulation will come into force on 1 July 2005. As to the content of Regulation No. 284 of 2004, the Government indicates that the provisions of this Regulation give full effect to the requirements set forth in Article 18 of the Convention with regard to vibrations, as it requires the employer to prevent vibrations or reduce them to the lowest possible level. Moreover, the employer is obliged to provide workers with sufficient individual protective means free of charge to them. The Committee, while taking due note of the Government’s indications on the content of Regulation No. 284 of 13 April 2004, requests the Government to supply a copy of it to enable the Committee to determine the extent to which this Regulation gives indeed effect to Article 18 of the Convention.

4. Article 6, in conjunction with Part IV of the report form. Practical application. The Committee notes the information supplied with the Government’s report on the data contained in the report of the State Labour Inspection for the year 2003. It notes with concern that an important number of violations detected concerned labour protection issues. It notes, however, that 85.6 per cent of the violations detected have already been corrected. The Committee finally notes the Government’s indications on the number of companies in the sector covered by the Convention as well as the number of workers covered by the legislation designed to give effect to this Convention. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.