Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the observations submitted by the Netherlands Trade Union Confederation (FNV) on the Government’s brief report. These observations were transmitted to the Government on 16 September 2009.

Article 1 of the Convention. Update on new legislation and administrative regulations. The Committee notes the observations by the FNV that the Government’s latest report does not have content apart from remarking that there are no new developments. The FNV has indicated that this content is insufficient considering that, during the reporting period, occupational safety and health legislation in the Netherlands has changed dramatically. These changes imply a possibility for the social partners to develop so-called “Health and Safety catalogues” at the level of sectors and branches, with the aim of establishing the means by which the goals of the Working Conditions Act can be reached. The FNV notes that, in the building sector, such catalogues have been developed. The Committee asks the Government to include, in its next report, information on any further legislative measures adopted in respect of the Convention and to update the Committee on the success of the “Health and Safety catalogues”.

Article 4 and Part V of the report form. Maintain an adequate system of inspection to ensure the effective enforcement of its laws and regulations relating to safety precautions in the building industry. The Committee notes that the Government included comprehensive information on the application of the Convention in practice in their report for the period 1 June 1996 to 1 June 2001, but that no such information was provided in this year’s report. The Committee notes the observations by the FNV which indicate that during the reporting period there were several incidents in the building sector with regard to chemical substances, illegal work, the risk of falling from heights and several other dangerous aspects that have been indicated in reports made by the labour inspectorate, and that this information is not included in the Government’s latest report. The Committee asks the Government to include information in its next report on the application of the Convention in practice, including data on the number of enterprises involved in the building sector, the number of work accidents and the number of inspections undertaken and any measures taken to reduce the number of accidents in this sector.

The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises this Convention and which may be better suited to the current situation in the building industry. It reminds the Government that the ILO Governing Body invited States parties to this Convention to examine the possibility of ratifying the Safety and Health in Construction Convention, 1988 (No. 167), the ratification of which implies ipso jure immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any developments in this regard.