Underground Work (Women) Convention, 1935 (No. 45) - Egypt (Ratification: 1947)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.62, C.115, C.139 and C.148

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work by women), 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer) and 148 (air pollution, noise and vibration) together.

A. Protection against specific risks

Application in practice of Conventions Nos 115, 139 and 148. The Committee notes that in its report under Convention No. 148, the Government indicates that emissions from petroleum-based substances can lead to cancer and during 2021–22, around 260 serious accidents were inspected by the directorates of the Ministry of Manpower in the governorates and reviewed by the Ministry’s Central Administration of Occupational Safety and Health and Securing the Working Environment for the requisite actions to be taken in this regard. The Committee requests the Government to provide information on the application in practice of the Convention Nos 115, 139 and 148 below, including the number of accidents and occupational diseases recorded, as well as the violations detected by the competent authority related to radiation exposure, occupational cancer and noise, vibration and pollution, the corrective measures ordered, and penalties imposed.

Radiation Protection Convention, 1960 (No. 115)

Article 6 of the Convention. Maximum permissible doses. General observation of 2015. The Committee notes the Government’s reference to Ministerial Order No. 211 of 2003 on safety thresholds, necessary conditions and requirements for countering biological, chemical, mechanical and physical hazards and for safeguarding the working environment. It observes that Ministerial Order No. 211 of 2003 does not provide for maximum permissible doses for ionizing radiation, and that its section 10 refers to Act No. 59 of 1960 on the regulation of work with ionizing radiation and protection against it in this regard. However, Act No. 59 of 1960 does not seem to remain in effect following the adoption of Act No. 7 of 2010 on the regulation of nuclear activities and ionizing radiation. The Committee notes that Act No. 7 of 2010 does not contain any provision relating to the maximum permissible doses and amounts of ionizing radiation. The Committee requests the Government to provide detailed information on the current maximum permissible doses of ionizing radiations to which workers may be exposed to. In this respect, it draws the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. Following its previous comment, the Committee notes the adoption of Act No. 148 of 2019 on Social Insurance and Pensions and its executive regulation. The Committee requests the Government to provide information on any provisions giving effect to Article 14 of the Convention, which provides for the discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Reduction of the number of workers exposed. Following its previous comment, the Committee notes the Government’s reference to section 211 of the Labour Code (No. 12 of 2003) and section 34 of Ministerial Order No. 211 of 2003, which provide the obligation of employers to take preventative and protective measures against chemical hazards, including carcinogenic materials. The Government also indicates that the Ministry of Manpower, represented by the Central Administration of Occupational Safety and Health, follows procedures and takes measures to reduce the number of workers exposed to carcinogenic materials, including through the inspection of establishments to detect hazards, carcinogenic materials or any occupational diseases. The Government indicates that if a problem is detected, environmental measurements are carried out The Committee notes the Government’s information which addresses its previous comment.

Article 4. Provision of information to workers. Following its previous comment, the Committee notes the Government’s reference to sections 211 and 217 of the Labour Code. Section 217(b) provides for the obligation of employers to inform workers, before their engagement in work, of the risks of the occupation, to provide the proper personal protection equipment and the necessary training to use it. Section 211(f) provides for the obligation of employers to train workers to handle hazardous chemical materials and carcinogenic substances, inform and make them aware of the associated hazards as well as the required methods of safety and protection. The Committee notes the Government’s indications, which address its previous comment.

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

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. Following its previous comment, the Committee notes the Government’s reference to sections 233 and 234 of the Labour Code. The Government also indicates that the performance by the labour inspectors of their supervisory role necessarily requires coordination in many matters and inquiring with employers or their assigned deputies and workers about all issues that contributes to their ability to verify and identify data and information that will assist them in enforcing provisions of the Labour Code and related regulations. Moreover, according to the Manual of Procedures in Labour Inspection (Ministerial Order No. 130 of 2006), during inspection visits, inspectors are required to inform both parties on the production process and to guide and assist employers in the application of labour laws. The Committee notes the Government’s information which addresses its previous comment.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes that no new information is provided regarding the absence of legal provisions in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect will be given to Article 6(2) of the Convention within the context of the revision of the Labour Code and to provide information on any progress made in this regard.

B . Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

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, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Construction Convention, 1988 (No. 167), and to undertake a ratification campaign in respect of Convention No. 167. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area.

Article 3(a) of the Convention. Obligation to notify all persons concerned. With reference to the Committee’s previous request on Article 3(a), the Committee refers to its comments above under Article 4 of Convention No. 139 on the requirements related to the provision of information of workers.

Article 7(5) and (8). General rules concerning scaffolds. Following its previous comment, the Committee notes the Government’s reiterated reference to the ongoing process to amend Ministerial Order No. 211 of 2003, under which the provisions of the Convention will be taken into account. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to Article 7(5) and (8).

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

With reference to its previous comments, the Committee welcomes the information that the Government is currently examining a possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176). The Committee asks the Government to keep the Office informed of any decision taken in this respect.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), (GB.307/10/2(Rev.)) (plan of action). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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

1. The Committee notes the Government’s report, which indicates that Act No. 12 of 2003 and Act No. 27 of 1981, give effect to the provisions of the Convention. The Committee also notes that by virtue of Act No. 12 of 2003, Ministerial Order No. 155 of 2003, determining the tasks in which the employment of women is prohibited, was promulgated. It further notes that Ministerial Order No. 155 of 2003, prohibits the employment of women underground in mines and quarries and more generally, in all work relating to mineral and stone extraction and that no exceptions may be made in this regard.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.