Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Madagascar (Ratification: 1966)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 13 (white lead), 119 (guarding of machinery), 120 (hygiene – commerce and offices) and 127 (maximum weight) in the same comment.

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA) on Conventions Nos 13, 119, 120 and 127, received on 1 September 2022. The Committee also notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report on Conventions Nos 13 and 127.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Legislation. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the deficiencies of the legal texts governing painting work. The Government indicates that a draft order updating the list of occupational diseases is in the process of being signed. The Committee requests the Government to send a copy of the text in question once it has been adopted and to indicate how it gives effect to the provisions of the Convention.

Articles 1 and 5(I) and (II). Obligation to regulate the use of white lead, sulphate of lead and of all products containing these pigments, in operations for which their use is not prohibited. The Committee notes the Government’s reply to the previous observations of SEKRIMA, which referred to the inadequacy of the means for reducing emissions of volatile organic compounds (VOCs). The Government indicates that VOC emissions are particularly observed in small and medium-sized enterprises (SMEs) and indicates that measures have been taken in this regard, particularly: (i) the inclusion of a heading on waste management in the environment section of the enterprise inspection framework; (ii) the organization of an event by the Standards Office of Madagascar, in collaboration with the occupational medical services (SMT), on the occasion of the International Lead Poisoning Prevention Week; and (iii) the organization of a number of workshops under the auspices of the Ministry of Trade and Competition, in collaboration with the Standards Office, the commercial entities in the sector and the medical services, with the aim of calibrating and standardizing paint products, including the imposition of limits on their lead content. The Committee also notes that FISEMARE refers to the absence of a preliminary study on the impact of the use of paint and states that problems resulting from the use of paint should be specified and that a text should be published indicating the measures to be taken for the protection of workers. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue providing information on the measures taken in the context of the aim of standardizing paint products, including the imposition of limits on their lead content.

Article 5(III) and (IV). Medical examination. Instructions. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the medical monitoring of workers. The Government indicates that: (i) as “exposed” employees, workers employed in painting work receive medical monitoring from the SMT provided they are affiliated but it is increasingly rare for enterprises in the painting sector to be affiliated to the SMT; (ii) technical difficulties exist with regard to medical visits and the control of waste management, and the scope of investigation is limited because there is no industrial toxicology reference laboratory. The Committee also notes that the Inter-Enterprise Medical Association of Antananarivo (AMIT), which has two painting enterprises among its members, prescribes recommendations to employers, particularly with regard to: the use of products with a low or non-existent VOC content; the labelling and marking of hazardous products; the display of safety data sheets; the installation of signs for the indication of risks; the training of workers in safety measures; the increase of natural ventilation, and the installation of fans and air extractors; the fitting out of premises; and the provision of appropriate personal protective equipment. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that actual and suspected cases of lead poisoning are notified and subsequently verified by a doctor appointed by the competent authority.

Article 7. Statistical information. Application in practice. Further to its previous comment, the Committee notes the Government’s indication that the regulations relating to the employer’s obligation to notify occupational diseases are the same for all occupational diseases, including lead poisoning, in accordance with section 170(2) of the Social Insurance Code. In this regard, the Government indicates that no notifications of cases of suspected lead poisoning have been received by the National Social Insurance Fund (CNaPS) in the last five years and that the quarterly reports sent to the Ministry of Labour by the Inter-Enterprise Health Organization of Antananarivo (OSTIE) and AMIT do not mention any cases of lead poisoning. The Committee notes the observations of SEKRIMA stating that: (i) the data assembled in the Government’s report do not reflect the national situation since they are mainly concerned with SMEs in Antananarivo and SMEs in the regions which have not made any statement or have not been consulted; and (ii) the re-emergence of paint workshops and vendors calls for action by the labour administration and the Ministry of Trade to promote the monitoring and control of the conformity of these products. The Committee requests the Government to provide more detailed information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating in particular rates of morbidity and mortality resulting from lead poisoning, and also on the number of inspections conducted, their outcome and the number of violations reported.

2.Guarding of Machinery Convention, 1963 (No. 119)

Article 10 of the Convention. Information and instruction to be given to workers. The Committee notes the observations of FISEMARE indicating that, in order to minimize the accident rate, it would be useful to publish a text giving notice of the obligation to indicate how machinery is to be used, the risks that may arise during use, and the precautions to be taken. In this regard, the Committee notes that, under section 111 of the Labour Code, employers are required to inform and train workers regarding safety and health measures connected with the job to be performed. The Committee requests the Government to send further information on the measures to be taken by employers in order to provide appropriate information for workers on the dangers arising from the use of machinery and the precautions to be taken.

Article 15. Application and enforcement of the provisions of the Convention. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that the number of accidents notified to the CNaPS is very low, owing to the fact that supervision of the application of the Convention is not carried out officially or periodically, and that there should be an official report for notifications of this type. The Government indicates in reply that the CNaPS, in its annual reports presented to the members of the tripartite administrative council, publishes statistical data on notifications of occupational accidents which have been received and processed. The Government adds that there is no reference value for evaluating the number of accidents notified to the CNaPS other than the statistical data for accidents recorded during the last eight years and communicated in the Government’s report. Moreover, in the context of controls made in enterprises, works doctors and labour inspectors make recommendations to workers and employers to ensure better protection in the use of machinery. In the context of the Vision Zero Fund (VZF) initiative implemented between 2018 and 2021 in conjunction with the ILO’s “Safety + Health for All” programme, capacity-building was undertaken for 311 labour inspectors and controllers in the field of prevention of occupational hazards, including the use of machinery. In addition, 67 occupational physicians, 70 representatives of the Export Processing Enterprises and Partners Group (GEFP) and 93 representatives of the Confederation of Malagasy Workers (CMT) also took part in capacity-building activities. The Committee notes the observations of FISEMARE, which asks whether all accidents are notified. The Committee requests the Government to provide its comments in this respect. It also requests the Government to continue providing information on the manner in which the Convention is applied, providing further details of the number of recorded accidents related to the use of machinery and the number and type of violations recorded.

3.Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that some workers are unaware of the existence of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, fixing the maximum weight for the manual transport of any load by a single male adult worker at 50 kg, and that there is a need to publicize this Order. The Government indicates in reply that: (i) AMIT has carried out awareness-raising activities, comprised 13 sessions at five major enterprises, on the handling of loads in general, including the maximum weight for the manual transport of loads; and (ii) OSTIE has organized awareness-raising sessions for its members on the subjects of ergonomics and load handling, at which appropriate technical means for handling the maximum weight for the manual transport of loads were indicated. The Government points out that the Ministry of Mining and Strategic Resources reiterates the need for boosting the dissemination of information. SEKRIMA, for its part, states in its new observations that SMEs in the regions have not been consulted regarding the data assembled by the Government which are contained in its reply. SEKRIMA also reiterates the need to encourage stakeholders to participate in the awareness-raising campaign and to ensure that the relevant laws and regulations are accessible online. The Committee requests the Government to provide its comments in this respect.

B.Protection in specific branches of activity

1.Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes the Government’s indication that, according to the Directorate for Workers’ Social Security (DDST), workers must be provided with all furniture necessary for their comfort during working hours (under section 115 of the Labour Code of 2004). The Government also indicates that the provision of work equipment such as suitable seats depends on the results of the analysis of risks and jobs, and that works doctors and labour inspectors, during their visits to enterprises, issue recommendations in this respect and ensure compliance with them. The Government further indicates that during visits to enterprises, according to OSTIE, employers endeavour to make suitable equipment available to employees in their offices, but that in shops the number of seats available for workers is seen to be insufficient. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that sufficient and suitable seats are made available to workers in shops.

Article 18. Noise and vibrations. The Committee notes the Government’s indication that during visits to enterprises occupational medical services: (i) propose appropriate measures to enterprises which have encountered difficulties by proposing insulation from the source of noise as well as earplugs and ear protectors; (ii) systematically measure noise levels with a sound level meter; and (iii) make recommendations according to the noise levels measured. The Government also indicates that during visits to establishments: (i) priority is often given to individual prevention measures such as providing workers with personal protective equipment against noise to the detriment of collective prevention measures; and (ii) preventive measures against vibrations, particularly the provision of measuring equipment, are often seen to be lacking, since not all inter-enterprise medical services have a device for measuring vibrations. The Government indicates that AMIT plans to acquire such a device in September. The Committee requests the Government to provide information on collective prevention measures which have been adopted, particularly the provision of measuring devices, to ensure that noise and vibrations likely to have a harmful effect on workers are reduced as much as possible.

Application in practice. The Committee notes the observations of FISEMARE indicating that some provisions of the Convention are not always respected, particularly regarding the provision of drinking water for workers or adequate sanitary installations. FISEMARE asserts that the Government should strengthen government controls in this respect and should introduce support measures. The Committee requests the Government to provide its comments in this respect. The Committee once again requests the Government to provide information on the number and type of violations recorded and the penalties imposed in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that: (1) the national legislation should be harmonized with the Convention, while taking account of the current context; and (2) new technologies in the areas of hygiene, safety and health should be developed. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the Government’s concise report, which indicates that following the socio-political instability of recent years, the country is now embarking on a return to constitutional order and that the formulation and implementation of a general state policy is a priority for the Government. The Committee also notes that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures has still not been revised and that, in view of the complex scope of application of the aforementioned Order, which should be extended to take account of new technologies, the participation of a number of entities and qualified persons will be necessary for the revision process. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to supply information on all progress made in this respect.

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes that, under section 115 of the Labour Code of 2004, workers must be provided with all furniture necessary for their comfort during their hours of work. The Committee requests the Government to supply additional information on the measures taken to ensure that sufficient and suitable seats are supplied for workers and workers have the opportunity to use them.

Article 18. Noise and vibrations. Referring to its previous comments, the Committee once again requests the Government to supply information on the steps taken to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

Application in practice. The Committee requests the Government to provide a general appreciation of the application of the Convention in practice, including, for example, information on the number and nature of infringements reported and the corresponding penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that: (1) the national legislation should be harmonized with the Convention, while taking account of the current context; and (2) new technologies in the areas of hygiene, safety and health should be developed. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the Government’s concise report, which indicates that following the socio-political instability of recent years, the country is now embarking on a return to constitutional order and that the formulation and implementation of a general state policy is a priority for the Government. The Committee also notes that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures has still not been revised and that, in view of the complex scope of application of the aforementioned Order, which should be extended to take account of new technologies, the participation of a number of entities and qualified persons will be necessary for the revision process. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to supply information on all progress made in this respect.

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes that, under section 115 of the Labour Code of 2004, workers must be provided with all furniture necessary for their comfort during their hours of work. The Committee requests the Government to supply additional information on the measures taken to ensure that sufficient and suitable seats are supplied for workers and workers have the opportunity to use them.

Article 18. Noise and vibrations. Referring to its previous comments, the Committee once again requests the Government to supply information on the steps taken to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

Application in practice. The Committee requests the Government to provide a general appreciation of the application of the Convention in practice, including, for example, information on the number and nature of infringements reported and the corresponding penalties imposed.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the brief information in the Government’s latest report, indicating that the revision of current law has been suspended due to the political instability in the country. The Committee requests the Government to indicate when the review of the draft Decree establishing “general prescriptions for occupational health, hygiene and safety and the working environment”, referred to by the Government in its previous report, will be resumed in the Consultative Technical Committee and to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

The Committee also asks the Government to indicate whether the Digest regarding matters of principle pertaining to the application of the Convention, referred to in a previous report, is still to be published, and reiterates its request that the Government provide a copy of it as soon as it is published.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the brief information in the Government’s latest report, indicating that the revision of current law has been suspended due to the political instability in the country. The Committee requests the Government to indicate when the review of the draft Decree establishing “general prescriptions for occupational health, hygiene and safety and the working environment”, referred to by the Government in its previous report, will be resumed in the Consultative Technical Committee and to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

The Committee also asks the Government to indicate whether the Digest regarding matters of principle pertaining to the application of the Convention, referred to in a previous report, is still to be published, and reiterates its request that the Government provide a copy of it as soon as it is published.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report, containing summary information in response to its previous observation. It notes that a draft Decree (No. 2003-1162) organizing occupational medicine in Madagascar was approved on 2 November 2003 and adopted on 17 December 2003 by the Consultative Technical Committee (CRC) and the Government Council, respectively. Observing that the above Decree appears to have no direct impact on the application of the provisions of this Convention, the Committee notes that, according to the Government, the CRC is about to consider all the Committee’s observations with a view to applying the provisions of the Convention effectively, particularly those of Article 14 (sufficient and suitable seats to be made available for workers) and Article 18 (protection of workers against noise and vibrations likely to have harmful effects) of the Convention, on which the Committee has been commenting for many years. The Committee requests the Government to indicate whether the draft Decree establishing "general prescriptions for occupational health, hygiene and safety and the working environment", referred to by the Government in its last report, is still under study in the CRC and, if so, to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

Further to its previous comments, the Committee notes that, according to the Government, the courts have been contacted with the view to obtaining copies of the decisions contained in the case law Digest regarding matters of principle pertaining to the application of the Convention. The Committee understands that the above Digest has been prepared, but not published as yet. It requests the Government to provide a copy of it as soon as it is published.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report. It notes that the legislative amendments to give effect to the Convention, announced by the Government in its last report, have not taken place. It notes, however, that two draft decrees, one on "the organization and operation of occupational medicine in Madagascar", and the other, "establishing general prescriptions on occupational health, safety, hygiene and the working environment", have been drawn up and are to be submitted to the Advisory Technical Committee for approval and thereafter to the Government Council. Meanwhile, Order No. 889 of 20 May 1960 establishing general occupational safety and health prescriptions remains in force. The Committee hopes that the abovementioned decrees will be approved by the Advisory Technical Committee and adopted by the Government Council in the near future so that effect may be given to the following Articles of the Convention to which the Committee has drawn the Government’s attention for many years.

Article 14 of the Convention. The requirement in section 16 of Order No. 889 of 20 May 1960 that an appropriate seat, chair, bench or stool must be made available, applies only to women staff. The Committee once again notes the Government’s statement that it will study the possibility of extending the scope of this provision to all workers without distinction as to sex when the texts are updated. The Committee hopes that the draft decree establishing general prescriptions for occupational health, hygiene and safety and the working environment will provide that suitable seats shall be supplied for all workers without distinction as to sex, as provided in Article 14 of the Convention.

Article 18. The Committee notes that, according to the Government, no regulatory provisions have as yet been adopted to apply this Article of the Convention, but that relevant provisions have been included in the abovementioned draft decrees. The Committee hopes that the draft decrees will be adopted in the near future in order to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible, as required by Article 18 of the Convention.

Further to its previous comments, the Committee notes that the case law digest containing decisions by the courts of law on issues of principle in the application of the Convention is not yet available. The Committee again requests the Government to provide information on any progress made in this regard and to provide a copy of the digest as soon as it has been published.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

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

1. Article 14 of the Convention. The Committee notes section 16 of Order No. 889 of 20 May 1960, and the information provided by the Government in this respect. In accordance with section 16 of the above Order, suitable seats are only supplied to women workers. The Committee recalls once again that Article 14 of the Convention provides that seats shall be supplied for all workers, without distinction on grounds of sex. The Committee notes the Government’s statement indicating that it "will examine the possibility of extending this clause to all workers, without distinction on grounds of sex". The Committee trusts that the Government will take the necessary measures as soon as possible to extend the scope of section 16 of Order No. 889, so that it also covers male workers.

2. Article 18 of the Convention. The Committee notes the Government’s indication in its report that no regulations have been adopted to give effect to this Article of the Convention, but that the Government will take this provision of the Convention into account when bringing the legislation up to date. In this respect, the Committee recalls that it has been drawing the Government’s attention for over 29 years to the fact that there are no specific laws or regulations giving effect to Article 18 of the Convention. The Committee once again hopes that the Government will take the necessary measures in the near future to give effect to this Article of the Convention, which provides that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

3. The Committee notes with interest that the documentation centre of the National School of Magistrates and Clerks (ENMG), established in 1997, is preparing a compilation of case law on the decisions of the judicial tribunals on matters related to the application of the Convention. The Committee therefore requests the Government to provide information on any progress achieved in the preparation of the above compilation and to provide a copy as soon as it is published.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. Article 14 of the Convention. The Committee notes section 16 of Order No. 889 of 20 May 1960, and the information provided by the Government in this respect. In accordance with section 16 of the above Order, suitable seats are only supplied to women workers. The Committee recalls once again that Article 14 of the Convention provides that seats shall be supplied for all workers, without distinction on grounds of sex. The Committee notes the Government's statement indicating that it "will examine the possibility of extending this clause to all workers, without distinction on grounds of sex". The Committee trusts that the Government will take the necessary measures as soon as possible to extend the scope of section 16 of Order No. 889, so that it also covers male workers.

2. Article 18 of the Convention. The Committee notes the Government's indication in its report that no regulations have been adopted to give effect to this Article of the Convention, but that the Government will take this provision of the Convention into account when bringing the legislation up to date. In this respect, the Committee recalls that it has been drawing the Government's attention for over 29 years to the fact that there are no specific laws or regulations giving effect to Article 18 of the Convention. The Committee once again hopes that the Government will take the necessary measures in the near future to give effect to this Article of the Convention, which provides that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

3. The Committee notes with interest that the documentation centre of the National School of Magistrates and Clerks (ENMG), established in 1997, is preparing a compilation of case law on the decisions of the judicial tribunals on matters related to the application of the Convention. The Committee therefore requests the Government to provide information on any progress achieved in the preparation of the above compilation and to provide a copy as soon as it is published.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been drawing the Government's attention to the fact that there are no specific laws or regulations to give full effect to Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction on grounds of sex, and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order envisaged by the Labour Code of 1975 would give full effect to the above provisions of the Convention. The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the National Assembly has adopted a Code respecting health, safety and the working environment and that the texts issued under the Code, which are currently being prepared, will take the provisions of the Convention into consideration. The Committee trusts that the Government will report the measures adopted in this respect in the near future and that it will provide copies of the provisions as adopted, including the text of the above Code when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been drawing the Government's attention to the fact that there are no specific laws or regulations to give full effect to Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction on grounds of sex, and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order envisaged by the Labour Code of 1975 would give full effect to the above provisions of the Convention. The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the National Assembly has adopted a Code respecting health, safety and the working environment and that the texts issued under the Code, which are currently being prepared, will take the provisions of the Convention into consideration. The Committee trusts that the Government will report the measures adopted in this respect in the near future and that it will provide copies of the provisions as adopted, including the text of the above Code when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matter:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

For many years, the Committee has been drawing the Government's attention to the fact that there are no specific laws or regulations to give full effect to Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction on grounds of sex, and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order envisaged by the Labour Code of 1975 would give full effect to the above provisions of the Convention. The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the National Assembly has adopted a Code respecting health, safety and the working environment and that the texts issued under the Code, which are currently being prepared, will take the provisions of the Convention into consideration. The Committee trusts that the Government will report the measures adopted in this respect in the near future and that it will provide copies of the provisions as adopted, including the text of the above Code when it has been enacted.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation concerning the following matters:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that no report has been received from the Government. It must therefore refer to its previous observation concerning the following matters:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that no report has been received from the Government. It must therefore refer to its previous observation concerning the following matters:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. It trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that no report has been received by the Government. It must therefore repeat its previous observation on the following matters:

For many years, the Committee has been calling attention to the fact that there are no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee has noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. It trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.