Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Safety Provisions (Building) Convention, 1937 (No. 62) - France (Ratification: 1950)

1. The Committee notes the information contained in the Government’s report.

2. Article 3, read in conjunction with Article 7, paragraphs 2 and 7, of the Convention. Legislation ensuring implementation of provisions on the use of scaffolds and their periodical inspection. The Committee notes with interest Decree No. 2004‑924 of 1 September 2004 on the use of working installations made available for temporary overhead work, modifying the Labour Code and Decree No. 65-48 of 8 January 1965, by supplying supplementary measures on the execution of temporary overhead work and the installations made available and used for this purpose; the Order of 21 December 2004 on the inspection of scaffolding, modifying the annex to the Order of 22 December 2000 concerning conditions and modalities of approval of bodies for the inspection of compliance of work installations, laying down the conditions of execution and periodicity of inspection of scaffolds. The Committee requests the Government to keep the Office informed on all legislative amendments made during transposition of European directives into French law.

3. Article 3(a). Requirement of the employer to bring the relevant legislation to the notice of temporary workers. Referring to its previous comments regarding the lack in Decree No. 99-884 of 18 October 1999 and in other instruments of provisions requiring the employer to bring legislation and regulations ensuring application of provisions concerning safety prescriptions to the notice of all persons concerned, particularly temporary workers, the Committee notes the reference made by the Government in its report to the provision of the Labour Code concerning training on safety at work for all workers, including those engaged on a temporary work contract. Since the Government’s latest report contains no information on the requirement for the employer to bring legislation and regulations ensuring application of the provisions concerning safety prescriptions to the notice of temporary workers, the Committee repeats its request to the Government to take the necessary measures so that the relevant legislation is brought to the notice of this category of workers, in a manner approved by the competent authority.

4. Article 3(b). Designation of persons responsible for the application of requirements on safety and health. The Committee notes with interest Decree No. 2003-68 of 24 January 2003 concerning coordination on safety and health protection during building and civil engineering operations, modifying the Labour Code by requiring the client to specify a health protection coordinator as soon as the phase of preparing the initial outline project begins; of the Order of 25 February 2003 on the application of section L235-6 of the Labour Code by establishing a list of high-risk work for which a general, simplified coordination plan on safety and health protection is required; of the Order of 25 February 2003, modifying the Order of 7 March 1995, as amended, concerning training of coordinators and trainers of coordinators on safety and health, as well as the approval of training bodies (section R.238-15 of the Labour Code), and modifying the Order of 3 October 1984, as amended, on the Special Commission on the Prevention of Specific Risks in the Building and Public Works Sectors. The Committee notes that, according to the Government’s report, the abovementioned Decree has made it possible to strengthen the methods of designating the conception coordinator; to restrict the improper accumulation of the function of coordinator with that of the client in particular; and to simplify the machinery to be established for carrying out the plans for the work, which is included on the list of high-risk work. The Committee requests the Government to supply information concerning the practical application of measures associated with the activities of coordinators for health protection.

5. Article 4 and Part V of the report form. Inspection activities to ensure the effective application in practice of legislation concerning safety requirements in the building industry. The Committee notes the circular dated 27 June 2005 sent to the inspection services to specify the changes made and to recall the various regulations to be taken into consideration, in particular in carrying out building and civil engineering work. The Committee notes the statistics on occupational accidents in the building and public works industries, as well as the information that fatal accidents in this sector of the industry increased from 157 in 2002 to 181 in 2003. The Committee requests the Government to continue to supply in its next report detailed information on the application in practice of the Convention, including extracts from inspection reports. It also requests the Government to indicate the measures taken or envisaged to cut down the number of fatal accidents.

6. Finally, the Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937, and which is perhaps more appropriate for the current situation in the building sector. The Committee recalls that the ILO Governing Body requested member States parties to Convention No. 62 to envisage ratifying Convention No. 167, which entails, ipso jure, in the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any decision taken in this regard.