Occupational Health Services Convention, 1985 (No. 161) - Hungary (Ratification: 1988)

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

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

Occupational Health Services Convention, 1985 (No. 161)

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

Maximum Weight Convention, 1967 (No. 127)

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

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

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

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

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

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 9(1) of the Convention. Multidisciplinary character of occupational health services. The Committee notes the Government’s intentions to develop further the occupational health-care services in the country by offering multidisciplinary services and to require that occupational health-care centres employ not only an occupational hygiene specialist but also a specialist from another discipline such as a psychologist, ergonomics expert or a toxicologist. The Government is requested to provide in its next report information on progress made in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that it is unclear from the Government’s report whether effect is given to this Article. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall be free of charge and shall take place during working hours.

Part IV of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical information covering the years from 1999–2004 included in the Government’s report on the application of each of the relevant provisions of the Convention, and that such information permits a good background for assessing the manner in which the Convention is applied in practice. The Government is requested to continue to provide such information in its next reports, to enable the Committee to monitor the developments over time.

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

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

2. Article 9, paragraph 1, of the Convention. Multidisciplinary character of occupational health services. The Committee notes the Government’s intentions to develop further the occupational health-care services in the country by offering multidisciplinary services and to require that occupational health-care centres employ not only an occupational hygiene specialist but also a specialist from another discipline such as a psychologist, ergonomics expert or a toxicologist. The Government is requested to provide in its next report information on progress made in this regard.

3. Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that it is unclear from the Government’s report whether effect is given to this Article. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall be free of charge and shall take place during working hours.

4. Point IV of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical information covering the years from 1999-2004 included in the Government’s report on the application of each of the relevant provisions of the Convention, and that such information permits a good background for assessing the manner in which the Convention is applied in practice. The Government is requested to continue to provide such information in its next reports, to enable the Committee to monitor the developments over time.

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

Further to its observation, the Committee notes the information supplied by the Government in reply to its previous comments and the adoption of several texts of laws and regulations in application of the provisions of the Convention. The Committee will examine in detail this information and the said texts, and with a view to this examination, it would be grateful if the Government would provide the texts of the following laws and regulations, some of which are also requested in 1999 under Conventions Nos. 148 and 155:

-- Act CLIV of 1997 on Health Care and its amending Act LXXI of 1999;

-- Decree No. 59/1997 (XII.21) of the Ministry of Welfare, amending Decree No. 7/1991 of the Ministry of Welfare;

-- Decree No. 89/1995 (VII.14) and its amending Decrees Nos. 44/1995 (XII.7) and 9/1999 (I.27) of the Ministry of Welfare;

-- Decree No. 30/1998 (XII.7) and Decree No. 1/1999 (I.27) of the Ministry of Health;

-- Decree No. 25/1996 (VIII.28), Decree No. 26/1996 (VIII.28) and its amending Decree No. 57/1997 (XII.21), Decree No. 27/1996 (VIII.28) and its amending Decree No. 58/1997 (XII.21), of the Ministry of Welfare;

-- Government Decree No. 233/1996 (XII.26) and Decree No. 4/1997 (II.21) of the Ministry of Welfare;

-- Decree No. 25/1998 (XII.27) of the Ministry of Health.

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

The Committee notes with interest the information contained in the Government's reply to its previous comments which were based on the observations made by the National Organization of Hungarian Trade Unions. It notes with interest the adoption of the law on occupational safety, the Labour Protection Act XCIII of 1993 and its amending Act CII of 1997, and several decrees of relevance to the application of the provisions of this Convention. The Committee is addressing a request for more information directly to the Government.

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

The Committee notes the information provided in the Government's report, as well as the position of the National Organization of Hungarian Trade Unions with respect to the application of the Convention included in the Government's report.

Articles 2 and 6 of the Convention. (a) In its previous comments, the Committee noted that, while apparently much legislation existed regulating occupational health services, there was no statutory obligation for the provision of such services. In its report for the period ending 30 June 1992, the Government indicated that a new Act on Labour Safety was being prepared, in consultation with the representative organizations of employers and workers, and that it was proposed that this Act include the obligation of employers to ensure occupational health services. The Committee notes the comments made by the National Organization of Hungarian Trade Unions that there is a lack, in the country, of national policy with respect to occupational health services, as well as a lack of such services. The National Organization of Hungarian Trade Unions adds that, if adopted, the draft Act on Occupational Safety, along with the proposed ministerial decrees, might provide the opportunity to implement the Convention.

The Committee notes from the Government's latest report that the Bill on Occupational Safety includes a provision requiring employers to provide occupational health services (now called "Employment Health Services") to all workers. It further notes the indication in the Government's report that the Bill was discussed by the tripartite Council for the Reconciliation of Interests and has been submitted to Parliament. Debate on the Bill was scheduled for autumn 1993. The Committee hopes that the Bill will be adopted in the near future and that it will provide for the establishment of occupational health services with the functions enumerated in Article 5 and will ensure the application of the Convention with respect to the organization and conditions of operation of such services and, in particular, with respect to Articles 8, 14 and 15. The Government is requested to provide a copy of the text of the Occupational Safety Bill as soon as it has been adopted.

Article 3 and point VI of the report form. The Commitee notes the indication in the Government's latest report that occupational health services have been available for 40 per cent of the active wage-earners, which represents a decrease of 10 per cent from statistics of previous years. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to continue to provide statistics available on the number of workers covered by occupational health services.

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

The Committee notes with interest the information provided in the Government's latest report concerning the application of Article 11 of the Convention. It requests the Government to provide copies, with its next report, of the following legislation to which it made reference: Act II of 1972 on public health; Decree No. 16/1972 (VI.29); Decree No. 15/1972 (VIII.5); Ordinance No. 22/1979 (Eü.K.15); Decree No. 47/1979 (XI.30) and Act XI of 1991 on state general and municipal health services. The Government is requested to provide additional information on the following points:

Articles 2 and 6. (a) The Committee notes that, while apparently much legislation exists regulating occupational health services, there has been no statutory obligation for the provision of such services. In its latest report, the Government has indicated that a new Act on labour safety is being prepared, in consultation with the representative organizations of employers and workers, and that it has been proposed that this Act include the obligation of employers to ensure occupational health services. The Government is requested to provide the Office with a copy of this Act as soon as it is adopted.

(b) The Committee notes the Government's indication that the period of transition in the country, including deregulation and the adoption of new legislation, has led the Ministry of Public Welfare to issue a Communiqué on occupational health services and factory medical consultation offices. According to the Government, the Communiqué aims at maintaining occupational health services, except where economic transformations might justify their discontinuation. The Government is requested to indicate the types of situations wherein it might be considered justifiable to discontinue an already established occupational health service and to provide a copy of this Communiqué with its next report.

Article 3 and point VI of the report form. The Committee notes the Government's indication that, if occupational health services cannot be organized without delay by all undertakings, the plans are to establish a rank-order in view of the hazards to which workers are exposed at a particular economic unit. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to provide, in its next report, any statistics available on the number of workers covered by the occupational health services presently established.

Article 5. The Committee notes the Government's indication that plans are being made to establish occupational health services in the area or vicinity of large enterprises and occupational health centres for smaller establishments and that their functions will take into account the provisions of the Convention and give clear priority to preventive care. The Government is requested to indicate the measures taken to ensure that occupational health services serve the functions set forth in this provision of the Convention.

Article 8. In its previous comment, the Committee noted that the conditions and professional rules of operation of independent occupational health services are prescribed by the health authorities and requested the Government to provide copies of the rules governing occupational health services in these cases. In its latest report, the Government has indicated that authorization is granted by the Minister of Public Welfare for the employment of factory medical consultants and that professional supervision is exercised by the State General and Municipal Health Services. The Committee would recall that Article 8 of the Convention calls for cooperation, and participation on an equitable basis, between workers and employers in the implementation of measures relating to occupational health services. The Government is once again requested to provide copies of the rules, referred to in its first report, governing the functioning of independent occupational health services and to indicate the measures taken to ensure that workers and employers cooperate and participate on an equitable basis in the implementation of the organizational and other measures relating to these services.

Article 14. The Committee notes the indication in the Government's report that the obligation to inform is set forth in section 15 of Decree No. 15/1972 of the Minister of Health. The Government is requested to provide a copy of Decree No. 15/1972.

Article 15. The Committee notes from the Government's latest report that there are no legislative provisions to the effect that the employer may not require personnel of the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to indicate the measures taken or envisaged to ensure observance of the Convention in this regard, as well as the measures which ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons in order to facilitate their function of identifying and assessing the risks in the working environment.

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

The Committee notes with interest the information provided in the Government's first report. It notes the Government's indication that the development, organisation and operation of the occupational health services were already functioning at an advanced, high professional level at the time of ratification of the Convention and that the changes under way in the country have also influenced the health sector. It notes the Government's indication that the reform of the health sector, including the activities of the occupational health services, has begun and entails considerable deregulation and modernisation of the health regulations. The Government is requested to provide clarification on the following points:

Articles 2 and 6 of the Convention. The Committee notes from the Government's report that the first national policy on occupational health service began in 1951 and has been revised periodically with a full revision of the regulations in 1974. It further notes that an Act concerning the organisation and maintenance of occupational health services was in effect up to 1990 and that new Acts are presently being prepared. The Committee requests the Government to provide a copy of the latest regulations concerning occupational health services, as well as a copy of the new Act as soon as it is adopted, and to indicate the manner in which the most representative organisations of workers and employers were consulted in the formulation, implementation and revision of the occupational health services policy. The Government is also requested to provide copies of the relevant provisions of any collective agreements concerning the creation or functioning of occupational health services.

Article 3. The Committee notes with interest the information provided in the Government's report that, as a result of progressive development, occupational health services exist in more than 20 economic sectors and occupational health care is provided for half of the workers and employees working in industry and agriculture. It notes the Government's indication that ideas for future development of occupational health services are presently being worked out in the health reform and that the goal is to first establish these services for every worker in every undertaking and then to widen the activity of the occupational specialist consultation centres. The Committee recalls that, under Article 3, paragraph 2, if occupational health services cannot be immediately established for all undertakings, ratifying governments undertake to draw up plans for the establishment of such services in consultation with the most representative organisations of employers and workers. The Government is requested to indicate the plans drawn up in this regard and the manner in which the most representative organisations of employers and workers are consulted as called for by paragraph 3 of this Article.

Article 5

(a) The Committee notes the indication in the Government's report that the functions of the occupational health services essentially cover the functions provided for in this Article of the Convention, but that the performance of some functions depends upon initiatives from the undertaking (planning, work-organisational advice, participation in working out programmes for modernisation of production practice, etc.). The Government has indicated that, although the responsibility and obligations for employers in respect of occupational safety and health are provided for in regulations, factory management often does not fulfil its tasks and there is a great lag in the field of occupational ergonomics. The Government is requested to indicate the measures taken to promote the full co-operation of employers with respect to the tasks and functions of the occupational health services in order to ensure the attainment of the objectives of such services to facilitate optimal physical and mental health in relation to work (Article 1(a)).

(b) The Committee also notes the Government's indication that the curative function still prevails in occupational health services where factory physicians, mostly those who work for a few hours a week, are active. The Government is requested to continue to provide information on the efforts made to promote the presence of occupational health services, with the essentially preventive functions enumerated in the Government's report and which figure in Article 5 of the Convention, in all undertakings.

Article 8. The Committee notes the Government's indication that, since 1989, several undertakings have been granted the right to establish an independent occupational health service and that the conditions and professional rules of operation have been prescribed by the health authorities. The Government is requested to provide copies of the rules governing the functioning of this independent service and to provide full particulars on the creation within any other undertakings of independent occupational health services.

Article 11. The Committee notes from the Government's report that the planned reform of the health sector involves issues of graduate and postgraduate education and that, in particular, there is a plan to increase the role of occupational health studies in graduate training. The Government is requested to continue to provide information on the reforms envisaged or implemented concerning the qualifications required for personnel working in occupational health services.

Article 14. The Committee notes the indication in the Government's report that information on any known or suspected factors in the working environment which may affect the worker's health are required by departmental order. The Government is requested to provide a copy of this departmental order with its next report.

Article 15. The Committee notes from the Government's report that regulations provide that the employer may not require the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to provide a copy of the relevant regulation.