Occupational Safety and Health Convention, 1981 (No. 155) - Luxembourg (Ratification: 2001)

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

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 together Conventions Nos 115 (radiation), 127 (maximum weight), 148 (air pollution, noise and vibration), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 174 (prevention of major industrial accidents), 176 (safety and health in mines) and 184 (safety and health in agriculture) in a single comment.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Periodic review of the national policy and situation regarding occupational safety and health. In response to its previous request, the Committee notes that the Government has not provided information in its report on the measures taken with a view to the periodic review of the national occupational safety and health policy and the holding of tripartite consultations on this subject. The Committee notes in this regard that, under the terms of sections L.324-1 and L.324-2 of the Labour Code, the Higher Occupational Safety and Health Council, which is tripartite, fulfils advisory functions to the ministers with responsibility for health, labour and social security in relation to occupational safety and health. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the national occupational safety and health policy is reviewed periodically and to provide information on the nature and outcome of the consultations held with the organizations of workers and employers concerned in this respect. It also requests the Government to provide information on the activities of the Higher Occupational Safety and Health Council, including the frequency of its meetings in practice and the OSH issues discussed.

Articles 11(a)–(f) and 15. Obligation of the authorities to ensure that certain functions are progressively carried out to give effect to the national policy. Coordination between the various authorities. The Committee previously noted that the authorities responsible for the enforcement of the laws and requirements concerning safety, health and the working environment (namely the labour and mines inspectorates, the Health Directorate of the Ministry of Health, the Accident Insurance Association, and customs and excise) each fulfil the functions enumerated in Article 11(a)–(f) in their respective fields. The Committee also noted that, under the terms of section L.314-3 of the Labour Code, these institutions are required to coordinate their policies and activities in a coordinating committee for employee occupational safety and health that is to be established by Grand Ducal regulation. The Committee notes the Government’s indication that common projects for the prevention of occupational risks and the protection of safety and health at the workplace are discussed in the coordinating committee for employee occupational safety and health. The Committee requests the Government to provide further information on the functions of the coordinating committee for employee occupational safety and health in the field of OSH, and on the common prevention projects undertaken by the committee and their results in practice.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 8 of the Convention. Participation of the social partners in the implementation of organizational measures relating to occupational health services. The Committee previously noted that the multisectoral occupational health service is the only service to have a tripartite structure in which employers, workers and their representatives cooperate. The Committee notes the Government’s indication that discussions have been continuing for some time on the establishment of tripartite structures for all the occupational health services, but that no decision has yet been taken in this respect. The Government adds that, according to the tradition in Luxembourg, common decisions, including on occupational health services, are taken in informal tripartite meetings. The Committee requests the Government to indicate the measures adopted or envisaged in law and practice to guarantee cooperation between employers, workers and their representatives in the implementation of measures relating to occupational health services.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the adoption of the Grand Ducal Regulation of 1 August 2019 respecting radiation protection, which repeals the Grand Ducal Regulation of 14 December 2000 respecting the protection of the population against the dangers of ionizing radiation. It also notes the adoption of the Act of 28 May 2019 respecting: (1) the health protection of persons against the dangers of exposure to ionizing radiation and the safety of sources of ionizing radiation against malicious acts; (2) the management of radioactive waste, the transport and import of radioactive materials; and (3) amending the Act of 21 November 1980, as amended, on the organization of the Health Department.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency situations. With reference to its previous comments on the circumstances in which exceptional exposure is authorized, the Committee notes that the Government refers to the Act of 28 May 2019, which defines in section 75 “exceptional situations” as being circumstances in which it is necessary to “save lives, prevent serious health effects caused by radiation and prevent the occurrence of catastrophic situations”. The Committee notes with interest that this definition no longer includes “saving valuable equipment”, which addresses its previous request.

Articles 3(1) and 6. Effective protection of workers in the light of the knowledge available. Maximum permissible doses. The Committee previously noted that, under the terms of the previous Grand Ducal Regulations, the dose limits for the lens of the eye were set at 150 mSv a year. The Committee notes with interest that the Government refers to section 11 of the Act of 28 May 2019, which sets the limit for the equivalent dose for the lens of the eye at 20 mSv a year, in conformity with the recommendations of the International Commission on Radiological Protection (ICRP). The Committee notes this information, which addresses its previous request.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments on the situation of workers who can no longer perform work involving exposure to ionizing radiation, the Committee notes once again that no information has been provided concerning the measures proposed to provide workers with alternative employment or other means of maintaining their income. In this regard, the Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. The Committee once again requests the Government to provide information on any measures taken or envisaged relating to assignment to suitable alternative employment in circumstances in which it has been determined that the workers concerned, for health reasons, may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

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

Articles 5 and 8 of the Convention. Training of workers assigned to the manual transport of loads. Consultation with the social partners. Further to its previous comments, the Committee notes the Government’s indication that consultations are held between occupational health services and employees engaged in the manual transport of loads and that the difference in loads between each occupation is taken into account in these consultations. The Government refers to the importance of the national back school in this context and indicates that this school essentially undertakes secondary and tertiary prevention for employees selected by occupational health services and also provides training for trainers in enterprises. The Committee also notes that, according to the Government, there are five professional chambers (the Chambers of employees, of public officials and employees, of agriculture, of commerce and of trades), which have the mission of defending the interests of the occupational groups that they represent, and which are consulted by the Government when it is planned to adopt laws or Grand Ducal regulations relating to the occupational sector that they defend. The Committee notes this information which replies to its previous comments.

Application of the Convention in practice. Further to its previous comment, the Committee notes the statistical data provided by the Government and compiled by the Multisectoral Occupational Health Service over the past three years. The Committee notes that, of the 246,023 employees covered, 19,279 workers (8 per cent) are engaged in the transport of light loads, 93,248 (38 per cent) middle weight loads and 35,867 (15 per cent) heavy loads. It also notes the number of workers who develop back pain: for light loads, 1,861 workers, of whom 298 suffer from chronic low-back pain; for middle weight loads, 10,953 workers, of whom 1,612 suffer from chronic low-back pain; and for heavy weights, 4,613 workers, of whom 749 suffer from chronic low-back pain. The Committee notes this information and requests the Government to take the necessary measures and to intensify its efforts to reduce to a minimum the number of workers suffering from chronic low-back pain.

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

Application of the Convention in practice. Further to its previous comments, the Committee notes the extract from the report of the inspection services attached by the Government concerning an inspection undertaken following the limit values for soot being exceeded for certain jobs. The Committee notes this information which replies to its previous comments.

4. Asbestos Convention, 1986 (No. 162)

Application of the Convention in practice. The Committee notes the information provided by the Government according to which the Health Directorate does not have relevant statistics of occupational diseases caused by asbestos, the number of workers exposed to asbestos during the course of their work or data on the number and nature of violations in relation to the removal of asbestos. The Committee notes in this regard that, according to the 2020 annual report of the Labour and Mines Inspectorate (ITM), 278 violations concerning asbestos were reported in 2020. It also notes that, according to the annual report, 715 cases relating to exposure to and inhalation of asbestos fibres were referred that year to the ITM. The Committee also notes with concern the Government’s indication that the violations reported on sites removing asbestos generally show that 24 per cent do not provide personal protective equipment, 22 per cent do not provide specific training, 31 per cent have not issued a notification and 23 per cent have not carried out an analysis prior to beginning work. With regard to the training of workers exposed to or likely to be exposed to asbestos fibres, the Committee notes that, according to the Government, 1,269 workers have up to now received training to provide them with the necessary knowledge and skills for prevention and safety. The Committee urges the Government to intensify its efforts to collect data on the number of workers exposed to asbestos during their work, the occupational diseases caused by asbestos and the sanctions imposed, and to provide information on the application of the Convention in practice. The Committee also urges the Government to provide information on the measures taken to prevent health hazards due to occupational exposure to asbestos and to continue providing information on the number and nature of the violations reported, including the measures taken to remedy violations reported on sites removing asbestos.

5. Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 1(3) and (4) of the Convention. Exclusions. The Committee notes that section 1(3), points 5 to 8, of the Act of 28 April 2017 on controlling hazards related to major accidents involving hazardous substances and amending the Act of 10 June 1999, as amended, respecting classified establishments, enumerates exclusions that are not envisaged in Article 1(3) of the Convention. The Committee requests the Government to provide further information on these exclusions and to indicate whether they were decided following consultation with the representative organizations of employers and workers concerned and whether equivalent protection is provided for, as envisaged in Article 1(4) of the Convention.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that statistics and information on the number of workers covered by the measures that give effect to the Convention, and the number and nature of the violations reported, still do not currently exist. Noting the absence of information in this regard, the Committee requests the Government to intensify its efforts to collect information on the number of workers covered by the measures giving effect to the Convention, the number and nature of the violations reported, and the nature and causes of the occupational illnesses and accidents reported, and to provide this information when it becomes available.

C. Protection in specific branches

1. Safety and Health in Construction Convention, 1988 (No. 167)

Application of the Convention in practice. Further to its previous comment, the Committee notes the Government’s indication that the Controls, Worksites and Authorizations (CCA) Service, created in March 2008, has the mandate of reinforcing the promotion of a culture of OSH prevention, awareness and information in the construction sector with a view to the continuous reduction of the number of occupational accidents and diseases. The CCA also carries out controls of working conditions, OSH, the posting of workers and the use of hoisting machinery on temporary or mobile worksites, as well as investigations relating to occupational accidents that occur in all sectors. In this regard, the Committee notes that the number of controls carried out by officials of the CCA Service has increased as follows: from 568 in 2018 to 1,189 in 2019 and 2,048 in 2020. During these controls, some 7,722 violations were reported in 2020, compared with 3,149 in 2019 and 1,064 in 2018. The Committee also notes the nature of the violations reported, and the decisions and measures adopted as a result of the controls. Finally, it notes the information in the 2020 annual report of the ITM, according to which the inspection services reported 161 occupational accidents in the construction sector, or 27.71 per cent of the accidents reported in 2020. The Committee requests the Government to intensify its efforts to reduce the number of occupational accidents in the construction sector. It also requests the Government to continue providing information on the application of the Convention in practice, including the number and nature of the violations reported, the measures taken as a result, the number of sanctions and remedial measures taken, and the number, nature and cause of the employment accidents and occupational diseases reported.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 16(2) of the Convention. Inspection services and application of the Convention in practice. The Committee notes that the 2020 annual report of the ITM indicates that the Mines, Mining and Quarries (MMC) Service was created at the beginning of 2020. According to the report, the responsibilities of the Service include reporting on the conditions of sites, the full identification of sites, mapping, the determination of methods of surveillance and prevention. On the basis of the problems encountered in practice in relation to the securing of mine openings, the ITM envisages the preparation of new laws and regulations on the subject which also imply the retrocession of mining concessions. The report indicates that two persons are responsible for specific matters relating to the safety of existing mines that are still being exploited or are due to be closed with a view to ensuring the safety of all those called upon to intervene. In light of the creation of this Service, the Committee requests the Government to provide information on the application of the Convention in practice and to indicate the activities undertaken by the MMC since its establishment.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 9. Safe use of machinery. The Committee notes that, according to the Government’s report, responsibility for the implementation of the provisions of Article 9 lies with the Luxembourg Institute for the Standardization, Accreditation, Safety and Quality of Products and Services. The Committee requests the Government to provide further information on the legal framework and mandate of this Institute and on the activities undertaken for the implementation of measures relating to the safe use of machinery.

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

Articles 4 and 7 of the Convention. Periodic review of the national policy and situation regarding occupational safety and health. The Committee notes that the Government’s report in essence reproduces the information contained in its previous report and does not provide any further information in response to the Committee’s previous request regarding the procedure for the periodic review of the national policy and the outcome of this review. The Committee also notes that the Minister of Health and Social Security commissioned an audit on occupational health in Luxembourg. The audit report, which was published in September 2012 and is available on the Ministry’s website, indicates several improvements that could be made to the occupational health system. These improvements include the establishment of objectives and indicators related to the preventive and supervisory functions of health services and the reactivation of formal coordination and collaboration structures between the various occupational health services, with the participation of the social partners. The Committee once again requests the Government to provide information on the manner in which the national occupational health and safety policy is periodically reviewed, in consultation with the social partners, and on the outcome of this review. It also requests the Government to indicate any follow-up action to the audit’s conclusions on the points mentioned above.

Articles 11(a)–(f) and 15. Obligation of the authorities to ensure that certain functions are progressively carried out to give effect to the national policy. Coordination between the various authorities. In reply to the Committee’s previous request, the Government indicates that the authorities responsible for the enforcement of the laws and requirements concerning safety, health and the workplace (namely labour and mines inspectorates, the Health Directorate of the Ministry of Health, the accident insurance association, the customs and excise) ensure that the functions enumerated in Article 11(a) to (f) of the Convention are carried out in their respective fields. The Committee also notes that, under section L.314-3 of the Labour Code, these institutions are required to coordinate their policies and activities through a coordinating committee for employee occupational safety and health that is to be established by grand ducal regulation. The Committee requests the Government to provide information on the manner in which it ensures the coordination of the measures taken by the public institutions mentioned above with a view to giving effect to the national occupational health and safety policy and, in particular, on the establishment of the coordinating committee provided for in the Labour Code or of any other central body for cooperation.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

Article 11 of the Convention. Obligation to ensure that certain functions are progressively carried out in relation to: (a) the design, construction and lay-out of undertakings; (b) work processes which are prohibited, limited or made subject to authorization; (e) the publication annually of information on policy measures, occupational accidents and diseases; and (f) the system for the examination of chemical, physical and biological agents. The Committee notes the Government’s report indicating the various authorities competent in the field of occupational safety and health. The Committee once again requests the Government to describe the mechanisms and procedures within which the functions mentioned in the clauses listed under this Article are carried out.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the information provided by the Government indicating the legislation which gives effect to his Article and requests it to continue providing information on this subject with indications on the application in practice of these provisions.

Part V of the report form. Application in practice. The Committee notes the annual reports of the labour inspection services for 2007 and 2008 and the information contained therein. The Committee notes that in 2008, in comparison with 2007, the total number of occupational accidents fell, but that the number of fatal accidents increased. The Committee also notes that, in comparison with previous years, the number of recognized occupational diseases increased considerably in 2006 and 2007. The Committee requests the Government to indicate the measures adopted to resolve these problems and to continue providing detailed information on the manner in which the Convention is applied in the country.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. National policy. The Committee notes with satisfaction that, within the framework of the periodic review of its national occupational safety and health (OSH) policy, the Government, in consultation with the social partners, proceeded to ratify in 2008 the Protocol of 2002 to the present Convention and the following Conventions, for which the first reports were received on 25 October 2010: the Radiation Protection Convention, 1960 (No. 115); the Guarding of Machinery Convention, 1963 (No. 119); the Hygiene (Commerce and Offices) Convention, 1964 (No. 120); the Maximum Weight Convention, 1967 (No. 127); the Benzene Convention, 1971 (No. 136); the Occupational Cancer Convention, 1974 (No. 139); the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148); the Occupational Health Services Convention, 1985 (No. 161); the Asbestos Convention, 1986 (No. 162); the Safety and Health in Construction Convention, 1988 (No. 167); the Chemicals Convention, 1990 (No. 170); the Prevention of Major Industrial Accidents Convention, 1993 (No. 174); the Safety and Health in Mines Convention, 1995 (No. 176); the Safety and Health in Agriculture Convention, 2001 (No. 184). In this respect, the Committee takes this opportunity to recall that in March 2010 the Governing Body adopted a Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the key occupational safety and health instruments (Convention No. 155, its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)). As the Government has ratified the present Convention and its Protocol, as well as sectoral and thematic OSH Conventions, the Committee takes this opportunity to draw the Government’s attention to the fact that Convention No. 187 effectively supplements the holistic approach to OSH. The Committee invites the Government to provide information in the manner in which the periodical review of its national policy, as envisaged in this Article, is undertaken, and its outcome.

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

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

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:

Article 11 of the Convention. The competent authorities shall ensure the provision of advice concerning: (a) the design, construction and layout of undertakings; (b) work processes which are prohibited, limited or subject to control; (e) the publication, annually, of information on policy measures, accidents, occupational diseases; (f) the system to examine chemical, physical or biological agents. The Committee notes the Government’s report stating that the controlling authorities mentioned above carry out the functions described in this Article. The Committee requests the Government to specify to what extent each of the competent authorities mentioned above carries out the functions listed in its corresponding sector. Moreover, it requests the Government to describe the mechanisms and procedures within which the functions mentioned under the clauses listed under this Article are carried out.

Article 12. Measures taken with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, satisfy themselves that these elements do not entail dangers and make available information concerning their correct use. The Committee notes the Government’s report stating that the Inspectorate for Labour and Mines is responsible for ensuring the application of this Article. The Committee requests the Government to indicate through which measures, taken or envisaged in accordance with national legislation and practice, it ensures that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use satisfy themselves that the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly; make available information concerning the correct installation and use of machinery and equipment, as well as instructions on how known hazards are to be avoided; undertake studies and research to comply with the obligations mentioned above.

Article 14. Measures taken to promote the inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee takes note of the Government’s report stating that the competent authorities have not taken the measures necessary to give effect to this Article. The Committee requests the Government to indicate the measures envisaged in order to include questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.

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

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 11 of the Convention. The competent authorities shall ensure the provision of advice concerning: (a) the design, construction and layout of undertakings; (b) work processes which are prohibited, limited or subject to control; (e) the publication, annually, of information on policy measures, accidents, occupational diseases; (f) the system to examine chemical, physical or biological agents. The Committee notes the Government’s report stating that the controlling authorities mentioned above carry out the functions described in this Article. The Committee requests the Government to specify to what extent each of the competent authorities mentioned above carries out the functions listed in its corresponding sector. Moreover, it requests the Government to describe the mechanisms and procedures within which the functions mentioned under the clauses listed under this Article are carried out.

Article 12. Measures taken with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, satisfy themselves that these elements do not entail dangers and make available information concerning their correct use. The Committee notes the Government’s report stating that the Inspectorate for Labour and Mines is responsible for ensuring the application of this Article. The Committee requests the Government to indicate through which measures, taken or envisaged in accordance with national legislation and practice, it ensures that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use satisfy themselves that the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly; make available information concerning the correct installation and use of machinery and equipment, as well as instructions on how known hazards are to be avoided; undertake studies and research to comply with the obligations mentioned above.

Article 14. Measures taken to promote the inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee takes note of the Government’s report stating that the competent authorities have not taken the measures necessary to give effect to this Article. The Committee requests the Government to indicate the measures envisaged in order to include questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.

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

1. The Committee notes the detailed information provided by the Government in its first report. The Committee requests the Government to supply information on the following points.

2. Article 11 of the Convention. The competent authorities shall ensure the provision of advice concerning: (a) the design, construction and layout of undertakings; (b) work processes which are prohibited, limited or subject to control; (e) the publication, annually, of information on policy measures, accidents, occupational diseases; (f) the system to examine chemical, physical or biological agents. The Committee notes the Government’s report stating that the controlling authorities mentioned above carry out the functions described in this Article. The Committee requests the Government to specify to what extent each of the competent authorities mentioned above carries out the functions listed in its corresponding sector. Moreover, it requests the Government to describe the mechanisms and procedures within which the functions mentioned under the clauses listed under this Article are carried out.

3. Article 12. Measures taken with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, satisfy themselves that these elements do not entail dangers and make available information concerning their correct use. The Committee notes the Government’s report stating that the Inspectorate for Labour and Mines is responsible for ensuring the application of this Article. The Committee requests the Government to indicate through which measures, taken or envisaged in accordance with national legislation and practice, it ensures that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use satisfy themselves that the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly; make available information concerning the correct installation and use of machinery and equipment, as well as instructions on how known hazards are to be avoided; undertake studies and research to comply with the obligations mentioned above.

4. Article 14. Measures taken to promote the inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee takes note of the Government’s report stating that the competent authorities have not taken the measures necessary to give effect to this Article. The Committee requests the Government to indicate the measures envisaged in order to include questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.