Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - San Marino (Ratification: 1988)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 4 of the Convention. Prevention and control of, and protection against, occupational hazards. The Committee notes the Government’s statement that Appendix II of Decree No. 26 of 17 February 1999, provides for the application of the ISO standards 6189/1983 and 389/1979 in respect of the provisions on audiometric control. It also notes the statement that measures to prevent occupational hazards in the working environment due to air pollution, noise and vibration, such as the adoption of technical regulations, are yet to be taken. The Committee hopes that the technical regulations will be adopted in the near future and asks the Government to provide copies of them once they have been adopted.

2. Article 5. Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under section 25 of Act No. 31 of 18 February 1998, the Environmental Health Service provides information and guidance relating to occupational safety and health, in particular to artisans, small and medium-sized enterprises, employers’ and workers’ organizations, and notes in this respect the communication on the environmental health work programme relating to occupational safety and health in large enterprises, attached to the Government’s report. It further notes that sections 13, 14 and 15 of Act No. 31 of 18 February 1998, regulate collaboration between employers and workers. The Committee requests the Government to continue to provide information on consultations undertaken pursuant to Act No. 31 of 18 February 1998 giving effect to the provisions of the Convention.

3. Article 6, paragraph 2. Employers collaborating when performing work simultaneously in the same workplace. The Committee notes that section 7(7)(i) of Act No. 31 of 18 February 1998, provides for collaboration between employers performing work simultaneously in the same workplace, in accordance with the Convention. It also notes the Government’s statement that a decree is envisaged to include such a provision in relation to the activities of temporary or mobile worksites, in accordance with EU Directive 92/57/EEC. The Committee requests the Government to provide a copy of the referenced decree once it has been adopted.

4. Article 7. Workers’ or their representatives’ right to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes that section 14 of Act No. 31 of 18 February 1998, ensures the right of workers or their representatives to make proposals, that section 8(2)(f) of the Act establishes the obligation of workers to comply with safety procedures, that section 16 of the Act ensures workers’ right to obtain information and training, that section 14(2)(d) of the Act ensures workers’ right to representation, that section 14(2)(c) of the Act ensures that workers’ health and safety representatives may consult the Environmental Health Service and finally that section 14(2)(g) of the Act ensures that workers’ health and safety representatives may appeal to appropriate bodies. The Committee asks the Government to provide information on the practical application of this legislation with its next report.

5. Article 8. Establishing criteria for determining hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that the Government in its report, with reference to section 6 of Act No. 31 of 18 February 1998, states that when assessing the risk of exposure to air pollution and vibration, reference is made to “good” technical standards. It also notes that, pursuant to Decree No. 123 of 17 October 1991, the limits of exposure are those contained in the annually updated list published by the American Conference of Governmental Industrial Hygienists. As regards noise, the Committee notes that Decree No. 26 of 17 February 1999, provides the criteria for determining risks of exposure to noise and the related limits, that the limits established correspond to those established by the European Community, and that the Government does not envisage any change to these limits at present. The Committee requests the Government to provide more precise information on the “good” technical standards that are applied for the assessment of risks for exposure to air pollution and vibration, as well as information on the regular reviews carried out of applicable exposure limits to air pollution, noise and vibration.

6. With respect to the event of simultaneous exposure to harmful elements in the workplace, the Committee notes that Decree No. 69 of 19 May 1998, on the organization of first aid provides that sanitary inspections may be carried out to verify that the exposure is below the defined limits. The Committee asks the Government to provide information with its next report on the number of sanitary inspections carried out, their findings and the results obtained.

7. Article 9. Technical measures to ensure that the working environment is free from any hazard due to air pollution, noise and vibration. The Committee notes that section 5 of Act No. 31 of 18 February 1998, ensures that measures for new equipment and its operation, or existing equipment, are based on the safeguards expressed in this section. It notes that section 9 of the Act ensures that for new installations, planners, manufacturers, suppliers and installers must comply with these requirements. It further notes that section 4 of Decree No. 26 of 17 February 1999, ensures with regard to the hazard of noise that the technical, organizational and procedural measures are applied. The Committee requests the Government to continue to provide information in this respect.

8. Article 10. Personal protective equipment. The Committee notes that, pursuant to section 33 of Act No. 31 of 18 February 1998, employers are required to provide personal protective equipment when hazards caused by exposure to air pollution or vibration cannot be prevented or sufficiently reduced by technical protection measures, or by methods or procedures of organization of work. The Government indicates that the method used to determine whether prescribed limits have been exceeded are those established in “good” technical standards. The Committee also notes that section 4 of Decree No. 26 of 17 February 1999, ensures personal protective equipment with respect to noise. With reference to the similar previous query under Article 8, the Committee requests the Government to provide information on the “good” technical standards that are applied for determining whether prescribed limits have been exceeded and when the provision and use of personal protective equipment becomes mandatory.

9. Article 11. Medical examinations and alternative employment. The Committee notes that section 1(2) of Decree No. 68 of 19 May 1998, provides that the employer shall appoint an employment doctor to carry out the medical examinations for air pollution and vibration, and that section 7 of Decree No. 26 of 17 February 1999, provides for medical examination for noise hazards. It further notes that section 17(3) of Decree No. 68 of 19 May 1998, provides for pre-assignment medical examination and periodical examination, in accordance with the Convention. The Committee notes the Government’s statement that the intervals of the periodical medical examinations are to be established in a decree, which has not been adopted yet. The Committee hopes that this decree will be adopted in the very near future and asks the Government to submit a copy of it once it has been adopted.

10. The Committee notes that section 5 of Act No. 31 of 18 February 1998, provides that any measure relating to occupational safety and health is to be free of cost to the worker concerned, in accordance with the Convention. It also notes that section 5(1)(g) of Act No. 31 of 18 February 1998, provides that when continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable, the employer must remove the worker and the worker is assigned to other work, in accordance with the Convention. The Committee requests the Government to include information with its next report on efforts made to ensure that workers’ income is maintained, for example, through social security, in cases of reassignment as provided in Article 11, subparagraph 3, of the Convention.

11. Article 12. Notification to competent authority. The Committee notes that the Environmental Health Service (EHS) is the competent authority and that section 174(5) of the consolidated text of the Building and Planning Act (Act No. 87 of 19 July 1995), provides that authorization must be obtained from the EHS before commencement of new activities. The Committee also notes that according to section 8 of Decree No. 26 of 17 February 1999, and with respect to all activities, existing and new, the EHS must be informed of any noise hazard that exceeds the legal limit and that measures must be adopted. The Committee asks the Government to provide further information with its next report on the practical application of these rules and to indicate whether the use of any other processes, substance, machinery and equipment must be notified to the competent authority as called for in this Article.

12. Article 13. Information and instruction on potential occupational hazards and their prevention and control. The Committee notes that section 16 of Act No. 31 of 18 February 1998, ensures the employers’ obligation to provide information and training to all workers exposed to occupational risks. It notes the Government’s statement that the form and timing of the information and training is to be further regulated in a decree that has still not been adopted. The Committee hopes this decree will be adopted in the near future and asks the Government to submit a copy once it has been adopted.

13. Article 14. Promoting research in the field of prevention and control of hazards in the working environment. The Committee notes that the report is silent on the question of measures taken or envisaged to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration, and asks the Government to provide information on this question with its next report.

14. Article 15. Appointment of a competent person. The Committee notes that, under section 10 of Act No. 31 of 18 February 1998, employers are obliged to appoint a person responsible for the occupational safety and health service and that they may also call on experts from outside the undertaking. The Committee asks the Government to provide more detailed information with its next report on the person or expert appointed to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

15. Article 16. Penalties and inspection service. The Committee notes that sections 35 to 47 of Act No. 31 of 18 February 1998, provide penalties for the violation of the rules giving effect to the provisions of the Convention and that the EHS is responsible for enforcing the law (sections 20 to 26 of Act No. 31 of 18 February 1998). The Committee asks the Government to provide detailed information with its next report on the application of the Convention in practice, including extracts of reports of inspection services and statistical information disaggregated by sex, if possible, on the number of workers covered by the laws and regulations giving effect to the Convention.