Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - France (Ratification: 1985)

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)

Legislation. The Committee notes the Government’s indication that work has begun to amend the Order of 19 July 2006 establishing the conditions for the measurement of levels of exposure to noise in order to take into account the requirements of standard NF EN ISO 9612 of May 2009 and Annex B of standard NF EN 458 of March 2005. It further notes that factors related to exposure to noise and mechanical vibration have been taken into account in the context of the creation of personal accounts for the prevention of arduous working conditions, which are intended to allow any worker exposed to one or several factors of arduous work to be entitled to vocational training, part-time work or early retirement. The Committee requests the Government to continue providing information on the progress made in the amendment of the Order of 19 July 2006.

Article 5(4) of the Convention. Opportunity for representatives of the employer and representatives of the workers to accompany inspectors. In the absence of a reply to its previous request in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and representatives of the workers have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

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 information provided by the Government on the provisions of the Labour Code that provide for the consultation of the committee on health, safety and working conditions on measures to reduce exposure to mechanical vibration and noise and the right of workers to obtain the results and analysis of medical examinations, as well as information and general training on exposure to mechanical vibration and noise. The Committee requests the Government to indicate whether committees on health, safety and working conditions are consulted on issues relating to air pollution in the working environment. It also requests the Government to indicate whether workers and their representatives have the right to obtain information and training on protection against occupational hazards due to air pollution in the working environment.

Article 12. Processes, substances, machinery and equipment, the use of which is to be notified to the competent authority. With reference to its previous comments, the Committee notes that the Government reiterates that there is no requirement to notify the competent authorities of the use of processes, substances, machinery or equipment which involve exposure to air pollution, noise or vibration. The Committee requests the Government take the necessary measures, in law and practice, to establish the requirement to notify the competent authority of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

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

Further to its observation, the Committee notes the information provided in the Government’s report indicating that the entire Labour Code has been recodifed by Decree No. 2008-244. With regard to the application of the Convention, the Committee notes that the Government has indicated that regulations on risks associated with chemical agents have been strengthened, and EU Directives establishing lists of limit values for occupational exposure have been transposed, by Decrees Nos 2006-133, 2007-1539 and 2009-1570. The Committee also notes the information that there has been a consolidation of regulations concerning noise under Decree No. 2006-892. The Committee further notes the references by the Government to a number of provisions in the Labour Code which specify preventive technical measures to be undertaken by the employer to eliminate or reduce, to the extent possible, risks related to exposure by air pollution, noise and vibrations, thereby giving effect to Article 9. The Committee asks the Government to continue to provide information on legislative amendments undertaken with regard to the Convention.

Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers to accompany inspectors. The Committee notes the reference by the Government to section L.4612-7 of the Labour Code, which indicates that representatives of workers have the right to be informed by the employer of the presence of inspectors and be able to present their observations. The Committee asks the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and of the workers have the opportunity to accompany inspectors.

Article 7(2). Right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies. The Committee notes the reference by the Government to section L.2313-1 of the Labour Code, which gives representatives of workers the right to submit individual or collective claims to the employer, and to refer all complaints and observations to the workplace inspector. The Committee asks the Government to provide further information on the measures taken in law and in practice to ensure that both workers and their representatives have the right to present proposals, obtain information and training, and to appeal to appropriate bodies.

Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes the information provided by the Government indicating that there are no obligations which require notification to the competent authorities on the use of processes, substances, machinery and equipment which involve exposure to air pollution, noise or vibrations. The Committee does note, however, that by Order of 27 October 2009, devices designed to reduce noise and vibrations that are sold separately must meet all relevant technical requirements and be certified. The Committee asks the Government to provide further information on other measures in place requiring the use of certain processes, substances, machinery or equipment to be notified to the competent authority.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the activities undertaken by the labour inspectorate in 2009, including the number of notices and fines issued, and observations written up, disaggregated by type of hazard. The Committee notes that 37 fines were issued concerning correct ventilation and sanitation in relation to air pollution. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and in particular to provide information on the number of workers covered by the legislation; the number and nature of contraventions reported; the number, nature and causes of accidents and occupational diseases reported, etc; and information on any practical difficulties in the application of the Convention.

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

The Committee notes with satisfaction that full effect has been given to Articles 4(1) and 8(3) of the Convention through the adoption of Law No. 2009‑526, which amends section L.4621-1 of the Labour Code, and, as a result, removes the exception for transport enterprises in relation to provisions concerning air pollution, noise and vibrations; and the extension of coverage under Decree No. 2009-781 of provisions concerning prevention against vibrations to extractive industries (mines and quarries).

The Committee is raising other points in a request addressed directly to the Government.

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

1. The Committee notes the information contained in the Government’s report, and particularly that the provisions of sections L.231-1 and L.231-2 of the Labour Code are applicable to public road transport enterprises, to private transport enterprises and to enterprises for air transport and allied activities, thereby giving effect to Article 1, paragraph 1, of the Convention.

2. Article 4, paragraph 1, and Article 8, paragraph 3. Prevention and control of occupational hazards and protection against such hazards. The Committee notes the adoption of Decree No. 2005-746 of 4 July 2005 respecting safety and health requirements applicable in cases of exposure of workers to risks due to mechanical vibrations (amending the Labour Code). Although the provisions of this Decree strengthen the rules for the protection of the health of workers in relation to hazards due to vibrations, the Committee notes that the Decree’s provisions do not appear to apply to work in mines and quarries, or in rail, road, sea and air transport enterprises. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to secure the protection of workers against occupational hazards due to vibrations in mines and quarries, as well as in rail, road, sea and air transport enterprises.

3. Article 5, paragraph 4, Article 7, paragraph 2, and Article 9. Opportunity for representatives of the employer and of workers to accompany inspectors; right of workers or their representatives to take action to ensure protection against occupational hazards due to air pollution, noise and vibration and the elimination of any hazard due to these risks. The Committee notes that the Government has not provided information on the issues raised previously. It therefore reiterates its request to the Government to provide information in its next report on the application of these Articles of the Convention.

4. Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes that section R.232-8-1(III) of the Labour Code provides that the results of measurements of exposure to noise shall be made available to the labour inspector who is consequently informed of all noisy activities located in an enterprise. The Committee requests the Government to indicate whether effect is given to this Article by a system under which permits may be issued or by establishing conditions for the exercise of activities requiring the use of certain processes, substances, machinery or equipment and, if so, to provide information on its application in practice.

5. Part IV of the report form. The Committee notes the statistical data attached to the report relating to trends in the number of occupational diseases registered between 1994 and 2003, and the results of medical supervision of hazards and analysis of measurements relating to noise at work. The Committee requests the Government to provide additional information on the practical application of the Convention, including relevant extracts of inspection reports and any statistics available on the number of infringements reported and any sanctions imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 supplied by the Government in its report, and particularly the following.

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure that the Convention is applied to work in mines and quarries and rail, road, sea and air transport undertakings which are excluded from the scope of the Labour Code by virtue of section L.231-1.

The Committee notes the information supplied by the Government in its report to the effect that some of these areas are subject to particular provisions. The Committee also notes Decree No. 92-711 of 22 July 1992, taken in application of and supplementing the General Regulations for Extraction Industries (RGIE) instituted by Decree No. 80-331 of 7 May 1980, revised, which contains provisions relating to the prevention of hazards due to noise in mines and quarries. The Committee also takes note that rail transport is regulated by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 2 which makes applicable to the national railway company (SNCF) the provisions of the Labour Code relating to ventilation and hygiene and by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 3 of 26 July 1999 which makes applicable to the SNCF the provisions of the Labour Code concerning protection of workers against noise.

With a view to ensuring application of the provisions of the Convention to all branches of activity, while taking note of the information supplied, the Committee requests the Government to indicate, in addition to the measures taken, any which have been adopted or are envisaged in regard to road, air and sea transport, with the exception of merchant shipping, and to attach a copy of all applicable texts.

Articles 4(1) and 8(3). In regard to air pollution, the Committee notes Decree No. 97-331 of 10 April 1997 concerning the protection of workers exposed to inhalation of crystalline silica dust at workplaces which sets a maximum level for this type of dust. It also notes that two draft decrees are currently before the Council of State for employees likely to be exposed to agents which are harmful to reproduction. It requests the Government to supply copies of these texts when they are adopted.

In addition, it requests the Government to indicate the measures taken or envisaged in order to ensure by laws or regulations the protection of workers against occupational hazards due to vibration, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibration transmitted both to the upper limbs and to other parts of the body.

Article 9. Further to its previous comments, the Committee notes the draft European directive published in 1993 by the Commission of the European Communities concerning minimum safety and health prescriptions relating to exposure of workers to hazards due to physical agents which is currently under study by the Council of the European Union and which covers vibration. The Committee notes that this text, once adopted, will permit the establishment, by incorporation, of national provisions regulating vibration inter alia. The Committee requests the Government to inform it of any development in this matter and to communicate copies of the texts it envisages adopting or measures it has taken to assess the conformity of these provisions with the Convention. It requests the Government once again to provide information on the technical measures applied for new plant or processors in their design or installation, or added to existing plant or processors to ensure that, as far as possible, the working environment is kept free from any hazard due to vibration.

Article 12. The Committee notes from the Government’s report that Directive 86/188/CEE of 12 May 1986 on the protection of workers against hazards due to noise, the text of which constitutes the source of French law, does not imply an obligation to notify the competent authorities of the use of processes, substances, machines - specified by the competent authority - entailing exposure of workers to hazards due to air pollution, noise or vibration at the workplace. The Committee, however, recalls that application of the provisions of Article 12 of the Convention entails the imposition of such an obligation to notify the competent authorities. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure application of the provisions of this Article.

The Committee notes that the Government has supplied no information on the various points raised previously and therefore reiterates its comments.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

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

The Committee notes the information supplied by the Government in its report, and particularly the following.

Article 1, paragraph 1, of the Convention.  In its previous comments, the Committee requested the Government to indicate the measures taken to ensure that the Convention is applied to work in mines and quarries and rail, road, sea and air transport undertakings which are excluded from the scope of the Labour Code by virtue of section L.231-1.

The Committee notes the information supplied by the Government in its report to the effect that some of these areas are subject to particular provisions. The Committee also notes Decree No. 92-711 of 22 July 1992, taken in application of and supplementing the General Regulations for Extraction Industries (RGIE) instituted by Decree No. 80-331 of 7 May 1980, revised, which contains provisions relating to the prevention of hazards due to noise in mines and quarries. The Committee also takes note that rail transport is regulated by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 2 which makes applicable to the national railway company (SNCF) the provisions of the Labour Code relating to ventilation and hygiene and by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 3 of 26 July 1999 which makes applicable to the SNCF the provisions of the Labour Code concerning protection of workers against noise.

With a view to ensuring application of the provisions of the Convention to all branches of activity, while taking note of the information supplied, the Committee requests the Government to indicate, in addition to the measures taken, any which have been adopted or are envisaged in regard to road, air and sea transport, with the exception of merchant shipping, and to attach a copy of all applicable texts.

Articles 4(1) and 8(3).  In regard to air pollution, the Committee notes Decree No. 97-331 of 10 April 1997 concerning the protection of workers exposed to inhalation of crystalline silica dust at workplaces which sets a maximum level for this type of dust. It also notes that two draft decrees are currently before the Council of State for employees likely to be exposed to agents which are harmful to reproduction. It requests the Government to supply copies of these texts when they are adopted.

In addition, it requests the Government to indicate the measures taken or envisaged in order to ensure by laws or regulations the protection of workers against occupational hazards due to vibration, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibration transmitted both to the upper limbs and to other parts of the body.

Article 9.  Further to its previous comments, the Committee notes the draft European directive published in 1993 by the Commission of the European Communities concerning minimum safety and health prescriptions relating to exposure of workers to hazards due to physical agents which is currently under study by the Council of the European Union and which covers vibration. The Committee notes that this text, once adopted, will permit the establishment, by incorporation, of national provisions regulating vibration inter alia. The Committee requests the Government to inform it of any development in this matter and to communicate copies of the texts it envisages adopting or measures it has taken to assess the conformity of these provisions with the Convention. It requests the Government once again to provide information on the technical measures applied for new plant or processors in their design or installation, or added to existing plant or processors to ensure that, as far as possible, the working environment is kept free from any hazard due to vibration.

Article 12.  The Committee notes from the Government’s report that Directive 86/188/CEE of 12 May 1986 on the protection of workers against hazards due to noise, the text of which constitutes the source of French law, does not imply an obligation to notify the competent authorities of the use of processes, substances, machines - specified by the competent authority - entailing exposure of workers to hazards due to air pollution, noise or vibration at the workplace. The Committee, however, recalls that application of the provisions of Article 12 of the Convention entails the imposition of such an obligation to notify the competent authorities. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure application of the provisions of this Article.

The Committee notes that the Government has supplied no information on the various points raised previously and therefore reiterates its comments.

Article 5, paragraph 4.  In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2.  The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

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

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:

Article 1, paragraph 1, of the Convention. In its previous comments the Committee noted the exclusion from the scope of the provisions of the Labour Code of mines and quarries and rail, road, sea and air transport (section L.231-1 of the Code); it again asks the Government to indicate the measures taken to ensure that the Convention is applied to the above branches of activity, with the exception of merchant shipping, and to provide a copy of the texts that apply.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment -- specified by the competent authority -- which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.

Vibration

Articles 4 and 8, paragraphs 1 and 3. The Committee notes with interest the information supplied by the Government in its report concerning the criteria for determining the risks of exposure to vibrations transmitted to the upper limbs and the limits of exposure fixed in this connection by the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (CNRS) in standard no. AFNOR NF E90-402 of October 1986, whose application is optional. It asks the Government to indicate the measures taken or envisaged in order to establish in laws or regulations the protection of workers against occupational hazards due to vibrations, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibrations transmitted both to the upper limbs and to other parts of the body.

Article 9. With reference to its previous comments the Committee once again asks the Government to provide information on the technical measures prescribed for new plant or processes in design or installation, or added to existing plant or processes to ensure that, as far as possible, the working environment is kept free from any hazard due to vibrations.

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

The Committee notes the information supplied by the Government in its report received in March 1994.

It asks the Government to provide additional information on the following points.

Article 1, paragraph 1, of the Convention. In its previous comments the Committee noted the exclusion from the scope of the provisions of the Labour Code of mines and quarries and rail, road, sea and air transport (section L.231-1 of the Code); it again asks the Government to indicate the measures taken to ensure that the Convention is applied to the above branches of activity, with the exception of merchant shipping, and to provide a copy of the texts that apply.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment - specified by the competent authority - which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.

Vibration

Articles 4 and 8, paragraphs 1 and 3. The Committee notes with interest the information supplied by the Government in its report concerning the criteria for determining the risks of exposure to vibrations transmitted to the upper limbs and the limits of exposure fixed in this connection by the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (CNRS) in standard no. AFNOR NF E90-402 of October 1986, whose application is optional. It asks the Government to indicate the measures taken or envisaged in order to establish in laws or regulations the protection of workers against occupational hazards due to vibrations, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibrations transmitted both to the upper limbs and to other parts of the body.

Article 9. With reference to its previous comments the Committee once again asks the Government to provide information on the technical measures prescribed for new plant or processes in design or installation, or added to existing plant or processes to ensure that, as far as possible, the working environment is kept free from any hazard due to vibrations.

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

With reference to its previous comments concerning the application of Article 10 of the Convention, the Committee notes with satisfaction the provisions of sections R.233-1. R.233-1-3 and R.233-42 of the Labour Code as amended by Decree No. 93.41 of 11 January 1993 which require the head of the establishment to provide workers with suitable personal protective equipment and ensure that it is properly used; to reduce vibrations, by means of personal protective equipment, to levels below those which are harmful to health and safety; and to ensure, by means of the necessary maintenance, repair and replacement, that personal protective equipment is in proper working order and sufficiently hygienic.

The Committee raises certain other points in a request addressed directly to the Government.

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

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:

I. Article 1, paragraph 1, of the Convention. The Commitee notes the indication in the Government's first report that, after consultation with the employers' and workers' organizations concerned, merchant shipping has been excluded from the application of the Convention. It further notes that L.231-1 of the Labour Code excludes mines and quarries, and railway, road, sea and air transport from the application of its provisions. The Government is requested to indicate the measures taken to ensure the application of the Convention to these branches of economic activity with the exception of merchant shipping.

Article 1, paragraph 3. The Committee notes the indication in the Government's first report that specific measures concerning occupational safety and health in merchant shipping are assured by the country's ratification of the Safety of Life at Sea Convention, 1974, and its Protocol of 1978. The Government further indicates that measures have been taken at the national level by the following texts: Act No. 83-581 of 5 July 1983 on the safety of life at sea, life on board ships and the prevention of pollution; Decree No. 84-810 of 30 August 1984 and the Decree of 27 December 1984 fixing the technical rules and procedures applicable to ships and their equipment with respect to the safety of life at sea, life on board ship and the prevention of pollution. The Government is requested to continue to provide information, in subsequent reports, on any changes in the law and practice in respect of air pollution, noise and vibration in merchant shipping.

II. Article 5, paragraph 4. The Committee notes that L.236-2 of the Labour Code provides that the occupational safety and health committees established at the workplace may undertake inspections. Article 5, paragraph 4, of the Convention, however, provides that representatives of the worker and of the employer shall have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure that the representatives of the worker and the representatives of the employer have the opportunity to accompany inspectors.

Article 7, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that workers have the right to apply to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration and to provide particulars on the bodies to which they may apply.

Article 8, paragraphs 1 and 3. 1. Air pollution. The Committee notes that, under L.231-7 and L.233-5 of the Labour Code, ministerial decrees are to be issued regulating the use of dangerous substances and that, as a result, a certain number of decrees have been issued establishing the criteria and specifying exposure limits to harmful substances. The Government is requested to indicate, in subsequent reports, any criteria or exposure limits set with respect to substances which have not already been regulated.

2. Vibrations. The Committee notes the reference in the Government's report to Decree No. 80-1091 of 24 December 1980 concerning tractors and Decree No. 81-131 of 10 February 1981 concerning chainsaws. It notes, however, that these decrees only contain general provisions calling for the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken or envisaged to establish criteria for determining the hazards of exposure to vibrations and to provide particulars on these criteria. The Government is also requested to indicate whether any exposure limits have been set with respect to vibration.

Article 9. The Government is requested to provide particulars of the technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures to ensure that the working environment is kept, as far as possible, free from any hazard due to vibration.

Article 10. The Government is requested to indicate the measures taken or envisaged to ensure the provision of suitable personal protective equipment to protect against the hazards due to vibration when the specified exposure limits have been exceeded.

Article 12. The Government is requested to continue to provide information, in its next report, on any new processes, substances, machinery and equipment, specified by the competent authority, which involve exposure of workers to occupational hazards due to noise and vibration and which must be notified to the competent authority.

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

The Committee notes with interest the information provided in the Government's report and requests the Government to provide further clarification on the following points:

I. Article 1, paragraph 1, of the Convention. The Commitee notes the indication in the Government's first report that, after consultation with the employers' and workers' organizations concerned, merchant shipping has been excluded from the application of the Convention. It further notes that L.231-1 of the Labour Code excludes mines and quarries, and railway, road, sea and air transport from the application of its provisions. The Government is requested to indicate the measures taken to ensure the application of the Convention to these branches of economic activity with the exception of merchant shipping.

Article 1, paragraph 3. The Committee notes the indication in the Government's first report that specific measures concerning occupational safety and health in merchant shipping are assured by the country's ratification of the Safety of Life at Sea Convention, 1974, and its Protocol of 1978. The Government further indicates that measures have been taken at the national level by the following texts: Act No. 83-581 of 5 July 1983 on the safety of life at sea, life on board ships and the prevention of pollution; Decree No. 84-810 of 30 August 1984 and the Decree of 27 December 1984 fixing the technical rules and procedures applicable to ships and their equipment with respect to the safety of life at sea, life on board ship and the prevention of pollution. The Government is requested to continue to provide information, in subsequent reports, on any changes in the law and practice in respect of air pollution, noise and vibration in merchant shipping.

II. Article 5, paragraph 4. The Committee notes that L.236-2 of the Labour Code provides that the occupational safety and health committees established at the workplace may undertake inspections. Article 5, paragraph 4, of the Convention, however, provides that representatives of the worker and of the employer shall have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure that the representatives of the worker and the representatives of the employer have the opportunity to accompany inspectors.

Article 7, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that workers have the right to apply to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration and to provide particulars on the bodies to which they may apply.

Article 8, paragraphs 1 and 3. 1. Air pollution. The Committee notes that, under L.231-7 and L.233-5 of the Labour Code, ministerial decrees are to be issued regulating the use of dangerous substances and that, as a result, a certain number of decrees have been issued establishing the criteria and specifying exposure limits to harmful substances. The Government is requested to indicate, in subsequent reports, any criteria or exposure limits set with respect to substances which have not already been regulated.

2. Vibrations. The Committee notes the reference in the Government's report to Decree No. 80-1091 of 24 December 1980 concerning tractors and Decree No. 81-131 of 10 February 1981 concerning chainsaws. It notes, however, that these decrees only contain general provisions calling for the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken or envisaged to establish criteria for determining the hazards of exposure to vibrations and to provide particulars on these criteria. The Government is also requested to indicate whether any exposure limits have been set with respect to vibration.

Article 9. The Government is requested to provide particulars of the technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures to ensure that the working environment is kept, as far as possible, free from any hazard due to vibration.

Article 10. The Government is requested to indicate the measures taken or envisaged to ensure the provision of suitable personal protective equipment to protect against the hazards due to vibration when the specified exposure limits have been exceeded.

Article 12. The Government is requested to continue to provide information, in its next report, on any new processes, substances, machinery and equipment, specified by the competent authority, which involve exposure of workers to occupational hazards due to noise and vibration and which must be notified to the competent authority.

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

The Committee notes with regret 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 had noted the Government's first report, which only contained information on the application of Article 1, paragraph 2, of the Convention and stated that detailed information concerning the application of the Convention would be supplied later for the period ending on 30 June 1988. As no such information has been received, the Committee trusts that the next report will contain all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.

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

The Committee notes that no report has been received from the Government. 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 following matters which were raised in its previous direct request:

The Committee had noted the Government's first report, which only contained information on the application of Article 1, paragraph 2, of the Convention and stated that detailed information concerning the application of the Convention would be supplied later for the period ending on 30 June 1988. As no such information has been received, the Committee trusts that the next report will contain all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.