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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.187, C.115, C.127, C.139, C.148 and C.62

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 115 (radiation protection),127 (maximum weight), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), and 187 (promotional framework for OSH) in a single comment.

The Committee notes the observations, communicated with the Government’s reports, made, firstly, by the General Confederation of Labour – Force ouvrière (CGT-FO) regarding Convention No. 148 and, secondly, by the French Confederation of Management – General Confederation of Professional and Managerial Employees (CFE-CGC) regarding Convention No. 187. The Committee also notes the Government’s reply to the observations of the CFE-CGC.

A. General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No.   187)

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the Government’s indication, in reply to its previous comment, that the social partners can raise any issue relating to negotiation, ratification and application of ILO instruments within the Steering Committee on Conditions of Work (COCT) and that since draft legislation or regulations on OSH are related to an international instrument, they are submitted to a specialist committee for examination, and then to the general committee to enable the social partners to give a formal opinion. Moreover, the Committee notes that France ratified the Safety and Health in Agriculture Convention, 2001 (No. 184), in 2021, and the Violence and Harassment Convention, 2019 (No. 190), in 2023. Lastly, the Committee notes that ratification of the Occupational Safety and Health Convention, 1981 (No. 155) is under discussion. The Committee requests the Government to continue providing information on the periodic consideration, in consultation with the most representative organizations of employers and workers, of the measures which could be taken to ratify relevant ILO occupational safety and health Conventions.

• National policy

Article 3(1). National policy on OSH. The Committee notes the Government indication, in reply to its previous comment, that national policy on OSH takes the form of an occupational health plan, that the 4th Occupational Health Plan (PST 4), covering the 2021–25 period, was drawn up in close collaboration with the social partners in the COCT and resulted in the adoption of the “Plan for the prevention of serious and fatal occupational accidents 2022–25”, which was also drawn up in connection with the social partners. The Committee requests the Government to provide information on the evaluation of the results recorded further to the implementation of the “Plan for the prevention of serious and fatal occupational accidents 2022–25”.

• National system

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation as an essential element of workplace-related prevention measures. The Committee notes that since 1 January 2018 the committees on health, safety and conditions of work (CHSCTs) have been replaced by economic and social committees (CSEs), which are composed by the employer and a staff delegation. In reply to the Committee’s previous comment, the Government indicates that, in enterprises with 50 or more employees, the CSE has certain prerogatives (right to be alerted, right to be informed and consulted, etc.) similar to those of the former CHSCTs and that in enterprises with fewer than 50 employees, the employer must submit a list of prevention and protection activities to the CSE. The Government also indicates that a committee on health, safety and working conditions (CSSCT) must be established in enterprises and separate undertakings employing 300 workers or more, as well as in undertakings featuring particular risks. The CSSCT, chaired by the employer or employer’s representative and comprising at least three staff representatives, is assigned by delegation of the CSE some or all of the latter’s functions relating to health, safety and working conditions. The Government adds that local representatives (représentants de proximité) with a remit relating to health, safety and working conditions can also be appointed. Moreover, the Government points out that Act No. 2021-1018 of 2 August 2021 on strengthening prevention in occupational health has boosted social dialogue within enterprises relating to assessment of occupational risks by requiring the CSE and CSSCT to contribute to this evaluation.

The Committee notes that the CFE-CGC, in its observations, deplores the fact that the reform leading to the creation of the CSEs has resulted in a weakening of the staff representation system. Indeed, on the basis of the report of the labour ordinance evaluation committee published in 2021, the CFE-CGC points out that, in enterprises which have not appointed local representatives, the handling of OSH issues can prove difficult and there is a risk of loss of contact between elected representatives and the workers and a failure to identify problems that exist on the ground. The CFE-CGC also points out that the labour ordinance evaluation committee, in its report, also indicates that the excessive workload of representation, the difficulties of reconciling it with work and the lack of expertise, taking account of the now vast range of subjects to be addressed, are likely to undermine the engagement of CSE members, who actually perform tasks which were previously a matter for staff representatives, the works council or the CHSCT. The CFE-CGC also objects that the CHSCT has been “devalued” by becoming a mere CSSCT, with no legal personality or capacity to take legal action.

The Committee notes that although the Government in its reply recognizes that the report of the labour ordinance evaluation committee refers to difficulties, including with regard to training for staff representatives, it emphasizes that the implementation of the reform is still being monitored and that CSE members receive longer training on health, safety and working conditions than was previously the case. The Government points out that the report noted that the new coordination between CSEs, CSSCTs and local representatives was difficult to establish but that various studies have now highlighted progress in terms of information sharing and coordination. The Committee notes that this report also reveals that the health crisis confirmed the difficulty of the role played by worker representatives and that it highlighted the fatigue felt by elected representatives, which is leading some to disengage or even resign. The growing complexity of the mandate of CSE members only reinforces the need for training and is a source of major concern as regards the attractiveness of holding office and the dynamics for the re-election of representatives. Noting that, according to the labour ordinance evaluation committee, the role of local representatives is not well defined, which makes performance of their role difficult, the Committee requests the Government to indicate how cooperation between CSEs, CSSCTs and local representatives in ensured with a view to promoting prevention in the workplace, to give specific examples of such cooperation and to describe any difficulties encountered in this regard.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes the Government’s indication, in reply to its previous request, that since 2016 the Fund for the Improvement of Working Conditions (FACT) has issued several calls for proposals relating to very small enterprises (VSEs) and small and medium-sized enterprises (SMEs). The Committee notes that section 3 of the “Plan for the prevention of serious and fatal occupational accidents 2022–25” aims to strengthen the culture of prevention within VSEs and SMEs, which have been identified as a priority target because they often have fewer resources to devote to prevention and a significant proportion of accidents occur in them. With regard to the informal economy, the Committee notes the Government’s indication that numerous posters containing prevention messages relating to four subject areas (chemical risks, working at height, manual handling and work equipment) have been produced and translated into eight languages. The Committee notes that PST 4 highlights the fact that the regulatory framework relating to the prevention of chemical hazards, on account of its technical and changing nature, poses problems for VSEs and SMEs and that discussion is therefore needed, including on the traceability of occupational exposure. The Committee also notes that the objectives of PST 4 also include support for enterprises, in particular VSEs and SMEs, in the implementation of initiatives relating to quality of life and working conditions. The Committee requests the Government to provide information on action taken to achieve the objectives of PST 4, including solutions to the issues for VSEs and SMEs arising from the regulatory framework relating to chemical risk prevention. The Committee also requests the Government to provide information on the implementation of section 3 of the “Plan for the prevention of serious and fatal occupational accidents 2022–25”.

• National programme

Article 5(1). Monitoring and evaluation of the national programme on OSH in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication, in reply to its previous request, that the review of PST 3, relating to the period 2016–20, underlined, for each operational objective, challenges and progress as well as work remaining to be done, these elements being intended to serve as guidelines for the formulation of PST 4 and regional plans. The Committee also notes that a chapter of this review was devoted to the contributions of the social partners and that, according to the Government’s indications, areas for improvement in the steering and monitoring of PST 4 have been identified, after consultation of the social partners. The Committee notes this information, which responds to the request made in the last comment.

Article 5(2)(d). Objectives, targets and indicators enabling the evaluation and periodic review of the national programme on OSH. The Committee notes that PST 4 is divided into four strategic components and ten objectives and that monitoring is based on 14 strategic indicators (aimed at monitoring the impact of prevention on targeted groups), four steering indicators, and also numerous monitoring indictors (associated with actions in the plan for evaluating results and deliverables). The Committee notes that the review of PST 3 shows that, in order to better monitor and evaluate the results of a PST, there is a need, inter alia, to measure the impact of actions on the practices and behaviours of actors in the enterprise and that ultimately, beyond the focus placed on indicators in the formulation of PST 4, the latter would benefit from developing its own overall, utilizable data, along the lines of an annual OSH scoreboard which would supplement data available on accident rates and exposure and make it possible to carry out intermediate evaluations to strengthen or redirect certain actions if necessary. The Committee notes the information provided, which responds to the previous request for information.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 5 and 15 of the Convention. Restricting the exposure of workers and appropriate inspection services to the lowest practicable level. The Committee notes that, in line with the “Practical guide on radon” published in February 2018 and the “National action plan 2020–24 for radon risk management”, PST 4 makes provision for the continuation of measures to reinforce prevention of the risk of radon in the workplace. The Committee also notes that, when the risk of exposure cannot be reduced below the reference level, the employer must implement the reinforced system for the protection of workers against radiation. The Committee requests the Government to indicate all measures adopted to take better account of radon in occupational risk assessment.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. The Committee notes the Government’s indication, in reply to its previous comment, that under section R. 4451.9 of the Labour Code, the only real limit on exposure to ionizing radiation for workers is the effective dose of 1 sievert over the whole of their career. If a worker reaches this limit in the context of occupational activity, the worker must not be exposed to any further ionizing radiation in that activity. Recalling that the Committee indicated in paragraph 40 of its general observation of 2015 on the Convention that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that the workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure, the Committee invites the Government to provide information on any measures taken or envisaged in this regard.

Maximum Weight Convention, 1967 (No. 127)

Application in practice. The Committee notes that the labour inspection report for 2019 shows that, in all branches of activity combined, half of all occupational accidents are caused by activities involving manual handling ultimately likely to give rise to musculoskeletal disorders (MSDs). The Committee requests the Government to provide data, disaggregated by branch of activity, age group and sex, on occupational accidents caused by the manual transport of loads and on all preventive measures taken or envisaged in this area.

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Consideration given to the latest information and data. The Committee notes the Government’s indication that in 2020 and 2021 a number of decrees and orders were adopted establishing the list of carcinogenic substances, mixtures and processes within the meaning of the Labour Code and occupational exposure limit values, thereby transposing certain European Union directives into French legislation.

Article 6. Appropriate inspection services. The Committee notes that action No. 2.1 of PST 4 aims to prevent exposure to chemicals since the latter constitutes the primary cause of fatal occupational diseases, with asbestos exposure the second biggest cause of occupational disease. In this regard, the National Action Plan for the labour inspection system 2023–25 highlights the fact that the application of regulations relating to risks arising from the inhalation of asbestos dust and, more broadly, risks arising from exposure to chemicals and to carcinogenic, mutagenic and reprotoxic substances (CMRs), must be the subject of particular attention from the inspection services. The Committee also notes the Government’s indication that certified enterprises loan workers to each other for the removal of materials containing asbestos, which means that some operations are carried out only by on-loan teams, under less stringent safety conditions. The Committee requests the Government to provide detailed information on the controls made by the labour inspection services to combat the practice of loaning workers between certified enterprises for the removal of materials containing asbestos and, more generally, on the implementation of the National Action Plan for the labour inspection system 2023–25 in relation to the risks arising from exposure to asbestos dust and CMRs.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Legislation. The Committee notes that the Order of 19 July 2006 establishing the conditions for the measurement of levels of exposure to noise was repealed on 1 January 2016. The Committee requests the Government to indicate which are the new regulations applicable to exposure to noise in the working environment.

Article 5(4) of the Convention. Opportunity for representatives of the employer and representatives of the workers to accompany inspectors. The Committee notes that, under section L. 2312-10 of the Labour Code, the inspector shall be accompanied by a member of the staff delegation from the economic and social committee, if the latter so wishes. The Committee notes the information provided, which responds to the previous request for information.

Article 6(1). Responsibility of employers. The Committee notes that the CGT-FO claims in its observations that there are no provisions which hold the employer responsible in the event that a platform worker is exposed to pollution. The Committee requests the Government to provide its comments in this respect.

Article 7(2). Right of workers or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes the remit of the CSE in enterprises employing 50 or more workers and in those employing between 11 and 50 workers. The Committee notes that in enterprises employing fewer than 11 workers there is no CSE but that numerous posters containing prevention messages relating to four subject areas (including chemical risks and work equipment) have been prepared for VSEs and SMEs and translated into eight languages. The Committee requests the Government to indicate what other measures give effect to Article 7(2) of the Convention in enterprises employing fewer than 11 workers.

Article 12. Processes, substances, machinery and equipment, the use of which is to be notified to the competent authority, which may authorize or prohibit it. The Committee notes that, with regard to the risks of exposure to asbestos, the Labour Code provides that the employer must send to the competent authorities the demolition, removal or encapsulation plan and the operating methods. The first use of pathogenic biological agents must be declared to the labour inspector at least 30 days before the start of the work. As regards young workers, although work exposing them to hazardous chemical agents or a certain level of vibration is prohibited, the employer has the possibility of submitting an exemption request to the inspector. The Committee also notes that the Labour Code prohibits the employment of temporary workers and fixed-term contract holders in certain types of work exposing them to hazardous chemicals or certain types of ionizing radiation and that any employer wishing to be exempt from this prohibition must submit an exemption request to the competent authorities. The Committee notes the information provided, which responds to the previous request for information.

• Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body, at its 334th Session (October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 62 in the category of outdated instruments, and placed an item concerning its abrogation on the agenda of the 112th Session (2024) of the International Labour Conference. The Governing Body also requested the Office to take follow-up action to actively encourage ratification of the up-to-date instrument, namely the Safety and Health in Construction Convention, 1988 (No. 167), and recommended that the Office propose technical assistance to the countries most in need of it. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee takes this opportunity to remind the Government that the International Labour Conference, at its 110th Session (June 2022), added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance in order to bring both practice and applicable legislation into conformity with the fundamental occupational safety and health Conventions.

Application in practice. The Committee notes the Government’s indication that the various prevention measures deployed in the construction and public works sector in the last ten years and the strengthening of the powers of inspectors (greater power to stop site operations; administrative fines as a deterrent in the event of non-compliance with a stoppage order; criminal proceedings) have resulted in a considerable drop in the number of occupational accidents recorded, the main cause of which are falls from height or on the level (31 per cent) and manual handling (48 per cent), the latter often being the cause of musculoskeletal disorders. However, the Committee notes that falls from height still accounted for 45 per cent of occupational accidents in the construction and public works sector as at December 2021 and that the National Action Plan for the labour inspection system 2023–25, PST 4 and the Plan for the prevention of serious and fatal occupational accidents 2022–25 continue to give priority to the risk of falls from height or on the level. The Committee requests the Government to continue providing informationon the measures taken to overcome the risk of falls in the construction and public works sector, including in VSEs and SMEs, and also data on the number of accidents caused by falls in this sector.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication in its report that several measures have been taken concerning the risk of falls from heights. The Committee also notes the detailed statistics on occupational accidents, commuting accidents and occupational diseases in the construction industry for the period 2009–13. It notes in particular that the number of occupational diseases, which rose at a constant rate between 2009 and 2012, fell by 3.2 per cent from 6,763 to 6,546 between 2012 and 2013, and that 90 per cent of these diseases are musculoskeletal disorders. The Committee requests the Government to provide information on the measures taken or envisaged to remedy the main causes of accidents at work in the building sector and the high proportion of musculoskeletal disorders in this sector.

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

The Committee notes the information provided by the Government in its latest report indicating recent amendments to legislation concerning exposure to vibrations and noise and on the use of machinery; the restructuring of relevant legislation that has taken place during the reporting period; and the updated references for the provisions relevant to this Convention. The Committee also notes that the Government has provided information which appears to give further effect to Article 3(a) and (b) of the Convention. The Committee asks the Government to continue to provide information on legislative measures taken with regard to the Convention.

Part V of the report form. Application in practice. The Committee notes the comprehensive statistical information provided by the Government on the number of workplace accidents and occupational diseases for 2008, which indicates an overall decrease in the number of fatal accidents. The Government indicates that the main causes of workplace accidents are manual handling, slipping on surfaces and falls from heights; and that the main causes of fatalities include falls from heights, accidents involving vehicles, slipping on surfaces and manual handling. The Committee also notes that the Government has provided information on labour inspection in its report under the Labour Inspection Convention, 1947 (No. 81). The Committee asks the Government to indicate measures taken or envisaged to address the main causes of workplace accidents in the construction sector and to continue to provide information on the application of the Convention in practice.

With reference to its previous comments, the Committee notes the information that, at present, the Government does not intend to ratify the Safety and Health in Construction Convention, 1988, (No. 167) which revised the present Convention. The Committee requests the Government to keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report.

2. Article 3, read in conjunction with Article 7, paragraphs 2 and 7, of the Convention. Legislation ensuring implementation of provisions on the use of scaffolds and their periodical inspection. The Committee notes with interest Decree No. 2004‑924 of 1 September 2004 on the use of working installations made available for temporary overhead work, modifying the Labour Code and Decree No. 65-48 of 8 January 1965, by supplying supplementary measures on the execution of temporary overhead work and the installations made available and used for this purpose; the Order of 21 December 2004 on the inspection of scaffolding, modifying the annex to the Order of 22 December 2000 concerning conditions and modalities of approval of bodies for the inspection of compliance of work installations, laying down the conditions of execution and periodicity of inspection of scaffolds. The Committee requests the Government to keep the Office informed on all legislative amendments made during transposition of European directives into French law.

3. Article 3(a). Requirement of the employer to bring the relevant legislation to the notice of temporary workers. Referring to its previous comments regarding the lack in Decree No. 99-884 of 18 October 1999 and in other instruments of provisions requiring the employer to bring legislation and regulations ensuring application of provisions concerning safety prescriptions to the notice of all persons concerned, particularly temporary workers, the Committee notes the reference made by the Government in its report to the provision of the Labour Code concerning training on safety at work for all workers, including those engaged on a temporary work contract. Since the Government’s latest report contains no information on the requirement for the employer to bring legislation and regulations ensuring application of the provisions concerning safety prescriptions to the notice of temporary workers, the Committee repeats its request to the Government to take the necessary measures so that the relevant legislation is brought to the notice of this category of workers, in a manner approved by the competent authority.

4. Article 3(b). Designation of persons responsible for the application of requirements on safety and health. The Committee notes with interest Decree No. 2003-68 of 24 January 2003 concerning coordination on safety and health protection during building and civil engineering operations, modifying the Labour Code by requiring the client to specify a health protection coordinator as soon as the phase of preparing the initial outline project begins; of the Order of 25 February 2003 on the application of section L235-6 of the Labour Code by establishing a list of high-risk work for which a general, simplified coordination plan on safety and health protection is required; of the Order of 25 February 2003, modifying the Order of 7 March 1995, as amended, concerning training of coordinators and trainers of coordinators on safety and health, as well as the approval of training bodies (section R.238-15 of the Labour Code), and modifying the Order of 3 October 1984, as amended, on the Special Commission on the Prevention of Specific Risks in the Building and Public Works Sectors. The Committee notes that, according to the Government’s report, the abovementioned Decree has made it possible to strengthen the methods of designating the conception coordinator; to restrict the improper accumulation of the function of coordinator with that of the client in particular; and to simplify the machinery to be established for carrying out the plans for the work, which is included on the list of high-risk work. The Committee requests the Government to supply information concerning the practical application of measures associated with the activities of coordinators for health protection.

5. Article 4 and Part V of the report form. Inspection activities to ensure the effective application in practice of legislation concerning safety requirements in the building industry. The Committee notes the circular dated 27 June 2005 sent to the inspection services to specify the changes made and to recall the various regulations to be taken into consideration, in particular in carrying out building and civil engineering work. The Committee notes the statistics on occupational accidents in the building and public works industries, as well as the information that fatal accidents in this sector of the industry increased from 157 in 2002 to 181 in 2003. The Committee requests the Government to continue to supply in its next report detailed information on the application in practice of the Convention, including extracts from inspection reports. It also requests the Government to indicate the measures taken or envisaged to cut down the number of fatal accidents.

6. Finally, the Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937, and which is perhaps more appropriate for the current situation in the building sector. The Committee recalls that the ILO Governing Body requested member States parties to Convention No. 62 to envisage ratifying Convention No. 167, which entails, ipso jure, in the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

1. The Committee notes Act No. 96-452 of 28 May 1996 providing various health, social and statutory measures, and particularly section 39 which extends the inspection services’ power to stop work on a site in the absence of safety devices for protecting against the risks inherent in operations for confining and removing asbestos; Decree No. 96-725 of 14 August 1996 concerning technical rules and approval procedures applicable to work equipment and protection devices subject to section L. 233-5 of the Labour Code enacting various European Directives which, according to the Government’s report, will provide better early prevention planning from the preliminary study stage; Decree No. 98 1084 of 2 December 1998 enacting European Union Council Directive 95/63/EC of 5 December 1995, amending Directive 89/655/EEC of 30 November 1989 concerning minimum safety and health requirements for the use of work equipment by workers at work, which includes provisions of the European Directive concerning training of employees who use such equipment, particularly on building and public works (BTP) sites where risks entailed in the use of hoisting equipment are particularly high; Decree No. 99-884 of 18 October 1999 concerning the occupational prevention body on building and public works (OPPBTP) and which established a contribution in the workers’ names; Decree No. 2000-855 of 1 September 2000 concerning placing of hoisting equipment and mobile machinery on the second-hand market; and Decree No. 2001-97 of 1 February 2001 concerning the prevention of risks that are carcinogenic, mutagenic or toxic for reproduction.

The Committee notes the communication by the Government of the five-year assessment of application of the provision enacting Directive 92/57 of 24 June 1992. It notes that, pursuant to this assessment, regulatory corrections submitted to the Council of State must be made. The Committee requests the Government to keep the Office informed of the measures taken in relation to these corrections.

The Committee also notes the Government’s statement to the effect that the Order of 7 March 1995, which is one of the regulatory texts implementing Directive 92/57, must be reformulated to strengthen training of coordinators in safety and health protection; the Committee requests the Government to supply the text once it has been reformulated.

2. The Committee notes the observation by the French Democratic Confederation of Labour (CFDT) to the effect that the Government’s report omits the particular problem of scaffolding. The Confederation announces that working at heights is the subject of a recent European Directive which should be integrated into French law.

The Committee believes that this could be Directive 2001/45/EC of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work which the Government refers to in its report and which will be enacted into French law. The Government indicates that this text contributes to application of the provisions of the Convention, particularly in regard to scaffolding. The Committee requests the Government to keep the Office informed of the provisions adopted and modifications made in enacting this text into domestic legislation.

3. Article 3(a) of the Convention. The Committee notes that section 4 of Decree No. 99-884 of 18 October 1999, cited by the Government in its report, establishes a contribution to be made for temporary workers placed at the disposal of building and public works enterprises. According to the Government, the wages paid to this category of workers did not enter into the value of wages serving as the basis for calculating contributions by enterprises whereas these employees, because of their temporary status, were particularly concerned by the action of the OPPBTP. The Committee notes that this provision does not require the employer to bring the legislation and regulations applying the provisions concerning safety prescriptions to the notice of all those concerned, particularly temporary workers, a category which the CFDT, in its previous comments and in the absence of statistics on the subject, places at some 80,000 in the sector. The Committee also notes that, according to the Government’s latest report, the resumption of activity in the sector, which has been gathering pace throughout 1998 was carried out through massive use of temporary labour which has undergone an absolute explosion, with an increase of some 30,000 persons in man-year equivalent. The Committee requests the Government to take the necessary measures so that the relevant legislation is brought to the notice of temporary workers by the employer in a manner approved by the competent authority.

Article 4, and Part V of the report form. The Committee notes the information supplied by the Government, particularly statistics for 1993 on occupational accidents and the provisional data for 1994, as well as information on implementation of the so-called "site closure" procedure since the beginning of its effective application and the five-year assessment of application of the provision enacting Directive 92/57 of 24 June 1992. It requests the Government to continue to supply in its next report information on the practical application of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with interest the information contained in the Government's report and the various texts of law and decrees that have come into force concerning safety and health in the building and public works sector. In particular it notes Law No. 93-1418 of 31 December 1993 amending the provisions of the Labour Code applicable to the building and civil engineering sector as regards safety and health at work. This Law has been completed by four Decrees, No. 94-1159 of 26 December 1994 (on the integration of safety and the organization of coordination of safety and health in the building and civil engineering sectors), Decree No. 95-543 of 4 May 1995 (on inter-enterprise organs for safety, health and conditions of work ), No. 95-607 of 6 May 1995 (establishing the list of regulations to be observed by independent workers and employers carrying out their own work on building or civil engineering worksites), and No. 95-608 of 6 May 1995 (amending the Labour Code and various regulatory texts with a view to making them applicable to independent workers and to employers who carry out their own work on building and civil engineering worksites).

The Committee notes the Government's statement that Decree No. 94-1159 of 26 December 1994 will help apply the provisions of the Convention, in particular those concerning scaffolds, hoisting appliances, and other works and first-aid appliances. In addition the Committee notes with interest the Government's statement that the new provisions give a new impetus to protection in this sector by the improvement resulting from the measures for collective protection provided for therein, through the coordination entrusted to a specialist coordinator. It also notes with interest the statement that Decree No. 95-607 of 6 May 1995, which extends coverage of safety and health provisions to independent workers and employers executing their own building works, has permitted to combat attempts at avoiding the application of safety and health regulations by using independent workers and employers constructing their own works.

2. With regard to its previous comments concerning the comments made by the French Democratic Confederation of Labour (CFDT), the Committee notes the information contained in the Government's report on the measures taken to bring to the attention of all persons concerned, including independent workers and employers carrying out their own construction work, and from the first day of work, the pertinent legislation, as required by Article 3(a) of the Convention. The Committee would be grateful if the Government would ensure that such measures are also taken with respect to temporary workers that the CFDT, in its earlier comments had estimated, in the absence of statistics on temporary workers, to be about 80,000 in the sector.

Article 4 and point V of the report form. Further to its previous observation based on the earlier comments of the CFDT, the Committee notes the information provided by the Government, including the statistics of occupational accidents for 1993, as well as the activity report of the Organization for Accident Prevention in the Building and Public Works Industry (OPPBTP) for 1995. It requests the Government to continue to supply information on the practical application of the Convention in its next report.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received.

The Committee notes the comments of the French Democratic Labour Confederation (CFDT), transmitted by the Government in August 1996, which state that the building and public works sector is the most dangerous, and that the number of work accidents in this sector is being reduced more slowly than in other sectors. The CFDT also states that, in enterprises where it is represented, it is not aware of any visits by labour inspectors requesting enterprises to comply with the provisions of the Convention. The Committee draws attention to the article in the press of the National Federation of Salaried Workers in Construction and Wood (FNCB/CFDT), annexed to the comments of the CFDT, stating that the statistics of the National Sickness Insurance Fund (CNAM) for 1992 recorded 162,000 accidents in the building sector which required a stoppage of work, more than 16,000 accidents which resulted in a disability recognized by the Social Security Office, and 299 deaths caused by work accidents. It also draws attention to the fact that, while there are no statistics concerning temporary workers (about 80,000 workers in this sector), studies confirm that the risk of accidents for these persons is twice as high as for other categories of salaried workers in this industry.

Among the causes of this situation (which costs 7 billion francs in benefits paid by the Social Security Office), the FNCB/CFDT estimates that the amount of contributions, notably for small enterprises which represent 66 per cent of workers in the sector, does not provide a sufficient incentive. Now, according to the FNCB/CFDT, the studies of the CNAM have concluded that, when the level of contribution creates incentives, the enterprise considers the cost of failing to take safety measures. Therefore, the regulations are only partially applied and should be reviewed taking into account risks and prevention, which are now not significant obligations.

In the absence of a reply from the Government to these comments, the Committee requests it to indicate the measures taken to ensure that the pertinent legislation shall be brought to the attention of all persons concerned, as from the first day of work, and in respect of all categories of workers, including temporary workers (Article 3(a) of the Convention). Regarding the information provided by the FNCB/CFDT concerning the enlargement since 1992 of the labour inspectors' powers, the Committee asks the Government to supply detailed information on the manner in which inspections are ensured in all building sites (Article 4). It also asks the Government to supply extracts of inspection reports and statistics concerning the building industry (the number of workers covered by the legislation; the number and nature of violations discovered; the number, nature, and cause of accidents recorded) in order to facilitate evaluation of the application of the Convention in practice (point V of the report form).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

The Committee has taken note of the information supplied by the Government in its report and notes with interest the creation - pursuant to Decree No. 85-682 of 4 July 1985 - of a new occupational body responsible for promoting the prevention of accidents and the improvement of working conditions in the building industry. The Committee hoped that the action taken by this new body will contribute to reducing the number of occupational accidents in the above-mentioned industry, which appeared to be relatively high, according to the 1984 statistics supplied by the Government. The Committee also hoped that future reports would contain more recent statistical data on this subject.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee takes note of the information supplied by the Government in its report and notes with interest the creation - pursuant to Decree No. 85-682 of 4 July 1985 - of a new occupational body responsible for promoting the prevention of accidents and the improvement of working conditions in the building industry. The Committee hopes that the action taken by this new body will contribute to reducing the number of occupational accidents in the above-mentioned industry, which still appears to be relatively high, according to the 1984 statistics supplied by the Government. The Committee also hopes that future reports will contain more recent statistical data on this subject.