Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the information contained in the Government’s report, and in particular the Government’s responses to its previous comments, which indicate further effect given to Articles 1, 2, 4(2), 8, 9, 11(1), 12, 13, 14 and 16 of the Convention.

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. With reference to its previous comments, the Committee invites the Government to keep the Office informed of any developments in the extension of coverage of the Convention with respect to noise and vibration.

Article 4. National laws or regulations. The Committee notes that the following laws regulate the quality of air in places of work: Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003; Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006; Protection of Workers from the Risk related to Exposure to Carcinogens or Mutagens at Work Regulations, 2003; and the Workplace (Minimum Health and Safety Requirements) Regulations, 2002. The Committee recalls that Article 3(a) of the Convention defines air pollution as all air contaminated by substances, which are harmful to health or otherwise dangerous. In this respect, the Committee asks the Government to indicate the relevant legislation which covers air contamination from other substances harmful to health or otherwise dangerous, not covered by the abovementioned laws.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes that the Government’s report is again silent on this matter. It therefore reiterates its request that the Government indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government in relation to the research published by the Occupational Health and Safety Authority in 2011 concerning prevailing levels of occupational health and safety (OHS) in Malta. The key findings of this research show that the number of workers who were injured or fell ill while at work is significant, with a large amount of such cases going unreported. In addition, it was found that a number of workers are still not being provided OHS training as required by law; are not covered by a medical examination; and do not have access to a workers’ health and safety representative. Furthermore a number of employers are not carrying out risk assessments and have not drawn up an OHS policy. The Committee notes with concern these findings and requests that the Government provide further information in its next report on measures taken or envisaged to improve the working environment, in particular in relation to air pollution. The Committee takes this opportunity to invite the Government to request technical assistance from the ILO with a view to ensuring an effective application of this Convention in practice.