Maximum Weight Convention, 1967 (No. 127) - Luxembourg (Ratification: 2008)

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 5 and 8 of the Convention. Training of workers assigned to the manual transport of loads. Consultation with the social partners. The Committee notes the detailed information contained in the Government’s report. It welcomes the creation by the Government of a National School for Back Health, in association with the National Health Fund and the Accident Insurance Association, with the mission of undertaking preventive action for employed persons selected by the occupational health services. It also notes that consultations are organized between occupational health services and certain groups of workers concerned, in the framework of the courses provided by this School. The Committee requests the Government to continue providing information on the training supplied at the National School for Back Health, and on any other initiative for the training of workers assigned to the manual transport of loads, particularly in the secondary sector. It also requests the Government to continue providing information on the consultations held directly with the workers concerned.

Application of the Convention in practice. The Committee notes the information provided in the Government’s report on the application of the Convention in practice. It notes in particular that, according to the data collected through the inventory of jobs involving risk, the proportion of enterprises in which employed persons transport loads is estimated at around 29 per cent. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice and any relevant statistical data.