Maximum Weight Convention, 1967 (No. 127) - Hungary (Ratification: 1994)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 161 (occupational health services), 127 (maximum weight) and 148 (working environment (air pollution, noise and vibration)) together.

Occupational Health Services Convention, 1985 (No. 161)

Articles 8, 9 and 16 of the Convention. Supervision of the operation of occupational health services. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, included in the Government’s report, according to which cost considerations by employers in the employment of private external occupational health services sometimes have a negative effect on the quality of these services. The workers’ representatives indicate that, in practice, occupational health services: (1) do not always cooperate with workers and their representatives, as provided for by Article 8; and (2) are not always of a multidisciplinary nature as required by Article 9. In this context, the Committee also notes the indications made by the workers’ representatives that there are no data on the operation of occupational health services, and that there are no clear regulations on inspections of the relevant service providers. The Committee requests the Government to provide information on the manner in which it ensures the multidisciplinary character of occupational health services, and to provide further information on the manner in which their operation is supervised by the labour inspection services (including their cooperation with workers and their representatives).

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Application in practice and adequate training on working techniques for the manual transport of loads. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council included in the Government’s report, that there are no specific rules guaranteeing the training on the manual handling of goods, and that the Government’s report does not specify to what extent relevant training is provided in practice. The Committee notes that the Government indicates that in 2014, 1,326 targeted inspections were carried out, and provides general information on the results of inspections relating to risk assessments and training, without providing specific data in relation to the manual movement of material. The Committee requests the Government to provide statistical information on the violations detected during inspections concerning the manual transport of loads, as well as the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

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

Articles 4 and 12 of the Convention. Prevention, control of and protection against occupational hazards in the working environment concerning noise and vibration. The Committee notes the Government’s reiterated indication that there are no notification obligations with respect to risks related to vibration and noise at workplaces. It notes the Government’s indication that the National Health and Medical Office establishes an annual report based on the risks identified by the occupational health services, which also includes information on the number of workers exposed to noise and vibration. It further notes that the Government indicates that a reporting obligation is not necessary, as the thresholds for noise and vibration are verified through labour inspection, and remedial measures ordered, if necessary. In this context, the Committee also notes from the information provided in the Government’s report that noise and vibration are frequent omissions in risk assessments undertaken by employers. The Committee requests the Government to indicate the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks relating to noise and vibration, including the measures it is taking to ensure that these issues are included in the relevant risk assessments.

Article 11(3). Provision of alternative employment. The Committee notes the Government’s reference in reply to the Committee’s previous request, to the rules on the transfer of workers that have been exposed to air pollution, noise or vibration. The Committee also notes the Government’s indications made in reply to the Committee’s request concerning the maintenance of the income of workers who are required to discontinue work in view of having been exposed to the above risks. In this respect, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), and the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42).

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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 notes the information contained in the Government’s report. With reference to its previous comments, the Committee notes that the Government has not yet transmitted to it copies of the following legislation: Ministerial Decree No. 25/1998 (XII.27.) EUM; Act No. XI of 1991 on the public health care and medical officers’ service; Order No. 7/1991 (IV.26.) NM; and Order No. 59/1997 (XII.21.). The Committee reiterates its request to the Government to submit a copy of these and any other relevant legislation to enable it to make a full evaluation of the application of the Convention in the country.

Article 6 of the Convention. Use of suitable technical devices in order to limit or to facilitate the manual transport of loads. The Committee notes the Government’s references to a series of sections in the Act on Work Safety, namely: section 2(2), section 41(1), section 54(1)(d), and that, in accordance with the latter, the employer is required to take into account the specific characteristics of a load which may require application of appropriate technical equipment during its handling. The Committee also notes the Government’s indication that this requirement is further strengthened by the provision which requires employers “to take into consideration human factors when selecting work equipment and processes” when they fulfil their requirement “to ensure healthy and safe conduct of work”. With reference to section 54(2), of the Labour Safety Act, the Committee notes that employers are generally required to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees and that, based on the results of such an evaluation, they must take measures to improve the working conditions. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

Part V of the report form. The Committee also requests the Government to provide a general appreciation of the application of the Convention in practice, including extracts from inspection reports and any other relevant statistical information.

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

1. The Committee notes the information contained in the Government’s report. With reference to its previous comments, the Committee notes that the Government has not yet transmitted to it copies of the following legislation: Ministerial Decree No. 25/1998 (XII.27.) EUM; Act No. XI of 1991 on the public health care and medical officers’ service; Order No. 7/1991 (IV.26.) NM; and Order No. 59/1997 (XII.21.). The Committee reiterates its request to the Government to submit a copy of these and any other relevant legislation to enable it to make a full evaluation of the application of the Convention in the country.

2. Article 6 of the Convention. Use of suitable technical devices in order to limit or to facilitate the manual transport of loads. The Committee notes the Government’s references to a series of sections in the Act on Work Safety, namely: section 2(2), section 41(1), section 54(1)(d), and that, in accordance with the latter, the employer is required to take into account the specific characteristics of a load which may require application of appropriate technical equipment during its handling. The Committee also notes the Government’s indication that this requirement is further strengthened by the provision which requires employers “to take into consideration human factors when selecting work equipment and processes” when they fulfil their requirement “to ensure healthy and safe conduct of work”. With reference to section 54(2), of the Labour Safety Act, the Committee notes that employers are generally required to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees and that, based on the results of such an evaluation, they must take measures to improve the working conditions. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

3. Part V of the report form. The Committee also requests the Government to provide a general appreciation of the application of the Convention in practice, including extracts from inspection reports and any other relevant statistical information.

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

With reference to its observation, the Committee would draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes the provision of section 2 of Order No. 25/1998 (XII.27.) EUM, issued by the Ministry of Health, providing for the legal definition of the term "manual transport of loads" which complies with the definition found in Article 1(a) of the Convention. It further notes the Government’s indication that, although the term "regular manual transport of loads" is not defined legally, it derives from the context in which the provisions of Decree No. 25/1998 stand and, in particular from its section 3, that the regular transport of loads is envisaged by these regulations. The Committee therefore invites the Government to consider, for clarification purposes, the incorporation of the definition "regular transport of loads" into the above Decree. With regard to the term "young worker", the Government indicates that the definition of this term has not yet formed part of the considerations of the occupational safety and health authorities. The Committee accordingly requests the Government to take the necessary measures to provide a definition of the term "young worker" for the purpose of this Convention.

Article 6. The Committee notes that section 54, subsection 2, of the Labour Safety Act, 1993, as a general rule, requires the employer to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees. Based on the results of such an evaluation, the employer must take measures to improve working conditions. In this regard, section 3, subsection 2, of Decree No. 25/1998 prescribes that, if the manual handling of weights by employees is inevitable, the employer must provide, to the extent possible, a place of work where the conditions of such manual handling are the safest and imply no risk to the health of employees. The Committee notes that supplement 1 to the Minister of Health Decree 25/1998 provides for indications as to the characteristics of the place of work, which may increase the risk of back injury. The characteristics enumerated there relate to the lack of space to move the weight, especially vertically, the flooring or the level of the place where the work is performed varies so that the weight must be moved on different levels, the flooring is unstable or the legs have no firm grip, and the temperature, humidity or airing is inappropriate. The Committee states that the provision of a "place of work" where the conditions of manual handling are the safest and imply no risk to the health of employees, although important, does not imply the provision of suitable technical devices in order to limit or facilitate the manual transport of loads, as called for by Article 6 of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

Article 8. The Committee requests the Government to transmit a copy of Ministerial Decree No. 25/1998 (XII.27.) EUM, which was referred to in the observation.

Part III of the report form. The Committee notes the Government’s indication that, pursuant to section 5 of Decree No. 25/1998, the supervision of the application of safety and health legislation is entrusted to the Public Health Care and Medical Officers’ Service (ANTSZ). The tasks, the organizational structure and the methods of operation of the ANTSZ are contained in Act No. XI of 1991 on the Public Health Care and Medical Officers’ Service, as well as in Order No. 7/1991 (IV.26.) NM, as amended by Order No. 59/1997 (XII.21.). The Committee requests the Government to transmit copies of Act No. XI of 1991 on the Public Health Care and Medical Officers’ Service, Order No. 7/1991 (IV.26.) NM and Order No. 59/1997 (XII.21.) in order to enable the Committee to examine the organizational structure of inspection services and the way in which such inspections are carried out.

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

The Committee notes with interest the information contained in the Government’s reply to its previous comments. It notes the adoption of Decree No. 25/1998 (XII.27.) EUM, issued by the Minister of Health concerning the minimum health and safety requirements of manual movement of weight as a source of hazard primarily of back injury, which came into force in February 1999. It requests the Government to supply a copy of Ministerial Decree No. 25/1998 (XII.27.) EUM to the ILO.

The Committee is addressing a request for additional information directly to the Government.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report once again does not contain any new information in reply to its previous comments. The Committee is therefore bound to take up once again the matters which it raised previously. It hopes that the Government will not fail to take the necessary measures and to provide full particulars on the points raised in its previous comment, which reads as follows:

1.  Article 1 of the Convention.  The Committee notes that the Government’s indications in relation to the terms "manual transport of loads" and "regular manual transport of loads" do not define these terms clearly. It also notes the Government’s indication that there are three age classes to define the term "young worker". The Committee requests the Government to indicate how the terms "manual transport of loads" and "regular manual transport of loads" are defined in national law and practice by indicating the respective legal provisions. Furthermore, it requests the Government to explain in detail how and by what measures the term "young worker" is defined for the purpose of this Convention.

2.  Article 6.  The Committee notes the Government’s indication that section 54 of the Labour Protection Act, which also covers all areas of handling/moving materials, requires the employer to make a risk assessment. The Committee recalls that Article 6 of the Convention calls for suitable technical devices to be used as much as possible in order to limit or facilitate the manual transport of loads. It requests the Government to supply information on the measures taken to ensure that effect is given to this Article of the Convention.

3.  Article 8.  The Committee notes with interest that Council Directive No. 90/269 on the minimum health requirements for the manual handling of loads where there is a risk particularly of back injury to workers is currently in the process of being implemented at the national level, and that to this effect it is being discussed in the Labour Protection Committee of the Interest Reconciliation Council with a view to preparing its enactment as a ministerial decree. The Committee would be grateful if the Government would supply a copy of the ministerial decree as soon as it has been adopted.

4.  Part III of the report form.  The Committee notes the Government’s indication that, due to organizational changes at the beginning of 1997, inspections are carried out by the county and city occupational health and safety inspectorates. The Committee requests the Government to provide detailed information on the organizational structure of the inspection services, as well as their working methods for the supervision of the legislation which gives effect to the provisions of the Convention.

5.  The Committee requests the Government to supply a copy of the Labour Protection Act and of Decree No. 2/1972 (MK6) of the Minister of Transport and Postal Services.

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

The Committee notes the information supplied by the Government in its reports. It would draw the Government's attention to the following points.

1. Article 1 of the Convention. The Committee notes that the indications made by the Government in relation to the terms "manual transport of loads" and "regular manual transport of loads" do not define these terms clearly. It also notes the indication of three age classes to define the term "young worker". The Committee requests the Government to indicate how the terms "manual transport of loads" and "regular transport of loads" is defined in national law and practice by indicating the respective legal basis. Moreover, it asks the Government to explain more in detail how and by what measures the term "young worker" is defined for the purpose of this Convention.

2. Article 6. The Committee notes that the Government's report indicates that section 54 of the Labour Protection Act, which also covers all areas of handling/moving materials, requires the employer to make a risk assessment. The Committee recalls that Article 6 of the Convention calls for suitable technical devices to be used as much as possible in order to limit or facilitate the manual transport of loads. It requests the Government to supply information on the measures taken to ensure that effect is given to this Article of the Convention.

3. Article 8. The Committee notes with interest that the Council Directive 90/269 on the minimum health requirements for the manual handling of loads where there is a risk particularly to back injury to workers is currently in process to be implemented at national level and that, to this effect, it is discussed at the Labour Protective Committee of the Interest Reconciliation Council in order to prepare its promulgation as a Ministerial Decree. The Committee would request the Government to supply a copy of the Ministerial Decree as soon as it is adopted.

4. Point III of the report form. The Committee notes the Government's indication that, due to organizational changes at the beginning of 1997, inspections are carried out by the county and city occupational health and safety inspectorates. The Committee requests the Government to provide more detailed information on the organizational structure of the inspectorates as well as their working methods regarding the supervision of the legislation designed to give effect to the provisions of the Convention.

5. The Committee requests the Government to supply copy of the Labour Protection Act and of Decree No. 2/1972 (MK 6) of the Minister of Transport and Postal Services.