Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health Convention, 1981 (No. 155) - Belgium (Ratification: 2011)

Legislation. The Committee notes the detailed information contained in the Government’s first report. It particularly notes with interest the Act of 4 August 1996 on the well-being of workers in the performance of their work, and its implementing Royal Decrees, including the Royal Decree of 27 March 1998 concerning the policy of well-being of workers at work, thereby giving effect to a number of provisions in the Convention.

Article 2(2) and (3) of the Convention. Scope. Domestic servants and staff. The Committee notes the information that domestic servants and other staff have been excluded from the scope of the Convention since the Act of 10 June 1952 concerning the occupational safety and health of workers and hygiene of the workplace, and that this exclusion was reiterated in the Act of 4 August 1996 on the well-being of workers in the performance of their work. The Committee also notes that, according to the Government, a Bill is being drafted with a view to extending the scope of the Act of 4 August 1996 concerning domestic workers and other staff and will be submitted to the Council of Ministers. The aim is to comply with this Convention as well as with the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to indicate whether consultations have taken place, on the subject of this exclusion, with the representative organizations of employers and workers concerned, to describe the measures taken to provide adequate protection for the categories of workers excluded and to indicate, in its forthcoming reports, any progress achieved in extending the application of the Convention, particularly through the adoption of the new Act.

Article 4. National policy. The Committee notes that, according to the Government, the national policy with regard to safety and health is described in the general policy note, which the Minister concerned with employment addresses to Parliament at the beginning of each legislative term. Belgium has also introduced a National Strategy on the Well-being of Workers at Work, 2008–12, which is in the process of being assessed with a view to establishing a new strategy. This was discussed by the National Labour Council, which groups the representative employers’ and workers’ organizations at the national level. The Committee requests the Government to send information on the outcome of this assessment, as well as a copy of the new strategy, once it has been adopted.

Part V of the report form. Application in practice. The Committee notes the information contained in the first report and particularly the statistics concerning the breakdown of visits on each activity of the reporting unit for the years 2011 and 2012. The Committee asks the Government to provide an overall appreciation of the way in which the Convention is applied in the country, enclosing extracts from inspection reports and statistical data on the number of workers covered by the legislation; the number and nature of violations noted; the number, nature and cause of accidents reported, etc.