Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - New Caledonia

1. The Committee notes the information contained in the Government’s report, including answers to its previous comments. The Committee notes with interest that, since its last direct request in 1993 concerning the application of Articles 1, 5, 9, 10, 12, 14, 16, 18 and 19 of the Convention, several legislative texts have been adopted, which seem to give effect to many of those Articles, including deliberations No. 432 of 3 November 1993, on work medicine, No. 433 of 3 November 1993, on a system for the price setting of accidents, No. 547 of 25 January 1995, on protection against ionizing radiations, No. 548 of 25 January 1995, regarding security training (modifying deliberation No. 84/CP of 1989), No. 395/CP of 19 April 1995, on the recognition of occupational illness, No. 266/CP of 17 April 1998, on hygiene and safety integration in building conception, and No. 323/CP of 26 February 1999 regarding general rules on prevention of chemical risks. The Committee also notes that, in many specific answers to the Committee’s comments, the Government refers to additional modifications in progress. In order to allow the Committee to evaluate how the Convention is applied in practice in New Caledonia at the moment, the Government is requested to provide a detailed report indicating the relevant legislative texts and a general appreciation of the practical application of the Convention, in conformity with Part IV of the report form. The Committee would also like to draw the Government’s attention to the following points.

2. Article 14. Seats for all workers. The Committee notes that the Government’s reports are silent on measures taken or envisaged to ensure that a seat is at the disposal of every worker covered by the Convention, whether or not the work related is compatible with a sitting position, and that they have a reasonable possibility of using it. The Committee reiterates its request to provide information on measures taken or envisaged in this regard.

3. Article 18. Protection against vibration. The Committee notes the Government’s information indicating that preventive and informative actions are increased in the joinery, the building and the public work sectors, and that they are subject to special medical surveillance. However, the Committee notes the Government’s statement indicating that no legislation has been adopted regarding protection against vibrations, mainly due to difficulties to conceive text implementing appropriate measures. The Committee would like to remind the Government that these measures might include appropriated individual protection devices and the distribution of soundproof helmets. In this context, the Government may wish to take into account the legislation of European countries that have ratified the Convention and adopted measures for protection against vibrations. Please provide information on measures taken or envisaged in this regard.