Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes with interest the Government’s reply in regards to the conformity of national legislation with Article 8(3) of the Convention through the application of safety thresholds and levels for exposure to noise, vibrations and air pollution under tables Nos 1, 2, 10 and 15 of Ministerial Order No. 211 of 2003 respectively. The Committee further notes that the Government is currently in the process of upgrading Ministerial Order No. 211 of 2003 so as to take account of measures necessary to periodically review and complete the aforementioned tables. The Committee asks the Government to keep the Office informed of any further developments in relation to this.

Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers of the undertaking to accompany labour inspectors. The Committee notes the Government’s response that there is nothing in the national legislation that would hinder representatives of employers and workers from accompanying labour inspectors during their inspections. With reference to the terms of the Convention, the Committee would like to clarify that the provisions of Article 5(4) require that representatives of employers and workers should have the right to accompany labour inspectors during inspections, unless the inspectors consider, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee asks the Government once again to provide further information on the measures taken or envisaged to ensure that, in law and in practice, representatives of the employer and of the workers of the undertaking have the right to accompany inspectors in accordance with the terms of this provision of the Convention.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes the Government’s response in which reference is made to section 1(b), under Chapter two, Book one, of Order No. 211 of 2003, which imposes a responsibility on employers regarding occupational safety and health. With reference to the provisions of the Convention, the Committee would like to clarify that the requirement under Article 6(2) refers to the specific situation where there are several employers at one worksite and that in such a case they shall have the duty to collaborate in order to comply with the prescribed provisions, without prejudice to the responsibility of each employer for the health and safety of their employees. The Committee also notes that the competent authority may prescribe general procedures for this cooperation. The Committee reiterates its request that the Government provide further information on how effect is given to this Article, in law and in practice. The Committee also requests the Government to indicate whether the competent authority has prescribed or envisages prescribing general procedures for this cooperation.

Article 9. Eradication of hazards due to air pollution, noise and vibration. With reference to its previous comment, the Committee notes the Government’s response that the required specifications in national law and practice are industry specific. For further guidance on the application of this provision, please refer to paragraphs 443–509 of the 1987 General Survey Safety in the working environment (available at http://ilo.org/ilolex/english/iloquery.htm). The Committee reiterates its request that the Government provide further information on how effect is given to this Article, in law and in practice.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of occupational accidents and diseases reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2011.]