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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning the application of Article 5(4) of the Convention on the right of representatives of the employer and of workers to accompany inspectors, Article 6(1) on employers’ responsibility to comply with prescribed measures, Article 7 on workers’ responsibility to comply with safety procedures and right to present proposals, obtain training and to appeal to appropriate bodies, Article 10 on employers’ obligation to provide protective equipment, Article 11(1) and (2) on the provision of medical examinations at no cost to the worker and Article 13 on information and instructions on occupational hazards in the working environment.

Article 6(2). Collaboration between two or more employers undertaking activities simultaneously at the workplace. The Committee requests the Government to provide information on the measures taken to ensure that when two or more employers undertake activities simultaneously in one workplace they have the duty to collaborate in complying with the prescribed measures.

Article 8. Establishing exposure limits to air pollution. Opinion of technically competent persons. Revision of exposure limits. The Committee notes the Government’s indication that exposure limits to air pollution, noise and vibration are fixed in the Instructions No. 22 of 1987 and that they are reviewed periodically. It further notes that official bodies such as the Central Inspection Body are consulted. The Committee however observes that while section 15 of the Instructions No. 22 of 1987 foresees that the employer shall take the necessary measures to reduce noise in the workplace and keep it at a level which does not exceed 85 decibels, the instructions do not establish exposure limits for air pollution. The Committee also observes that daily exposure limits to vibration are provided under section 1(X) of the Instructions No. 4 of 1993. Noting that the legislation referenced does not contain provisions on the limits established for exposure to air pollution in the workplace, the Committee requests the Government to provide information in this respect. The Committee also requests the Government to provide further information on the manner in which exposure limits to air pollution, noise and vibration are supplemented and revised and on how technically competent persons are involved in the establishment of such exposure limits.

Article 9. Technical and organizational measures to prevent exposure to air pollution and noise. With reference to its previous comment, the Committee notes the Government’s statement that although continuous efforts have been undertaken, the draft Act on Prevention of Noise has not yet been adopted. It also notes the Government’s statement that the establishment of new enterprises or changes to be undertaken in their respect have to be authorized by the Plant Committee of the Ministry of Municipalities, which is composed by representatives of the Ministries of Health, Environment and Labour. In this regard, the enterprise owner shall submit the environment report provided by Law No. 27 of 2009 on the Protection and Improvement of the Environment. Furthermore, it notes the Government’s indication that existing enterprises are evaluated in the framework of periodic inspection visits, which are carried out following a choice based on plant dangerousness, complaints issued or accidents that have occurred. The Committee requests the Government to provide further information on the manner in which it ensures that new or existing plants are kept free from any hazards due to air pollution and noise through the use of technical measures, in conformity with Article 9 of the Convention.

Article 11(3) and (4). Provision of alternative employment. The Committee notes the Government’s indication that suitable alternative employment is provided pursuant to a decision of the Medical Committee of the National Centre for Occupational Safety and Health (NCOSH). The Committee requests the Government to provide further information on the procedures of the Medical Committee of the NCOSH in evaluating whether workers can be granted alternative employment where continued assignment to work involving exposure to air pollution, noise or vibration is found medically inadvisable.

Article 12. Notification to competent authorities. The Committee notes the Government’s response which indicates that the competent authority within the NCOSH keeps a database of the processes, substances and devices, whose use it allows or prohibits in workplaces. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that employers using processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

Article 15. Appointment by employers of a competent person or use of a competent service. The Committee requests the Government to provide information on the measures taken to ensure the appointment of a competent person or the use of a competent service by employers to deal with matters pertaining to the prevention and control of air pollution, noise and vibration.

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

The Committee notes the information provided regarding effect given to Article 11(1) of the Convention. It also notes the information that a draft Act on Prevention of Noise is still under consideration, and that no new information has been provided regarding measures taken to give effect to Articles 6, 7, 8, 9, 10, 11, 13 and 15 regarding air pollution and noise. The Committee hopes that specific measures concerning not only vibration but also air pollution, and noise will be adopted in the near future and that they will give full effect to the Convention. The Committee also requests the Government to transmit copies of all relevant legislation to the Office, to the extent that this has not already been done.

Article 5(4). Right for representatives of the employer and of workers to accompany inspectors. The Committee notes the information that the most representative organizations of employers and workers consult with the Government in the context of the meetings of the Tripartite Consultation Committee, but that no information is provided regarding measures taken to ensure that employers’ and workers’ representatives are entitled to accompany inspectors. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 6(2). Collaboration between two or more employers undertaking activities simultaneously at the workplace. The Committee notes the Government’s response which seems to indicate that, in practice, employers do collaborate when they are two or more at one workplace simultaneously. The Committee requests the Government to indicate whether there are any more formal requirements giving effect to this provision as prescribed in Article 4 of the Convention.

Article 11(2). Provision of occupational safety and health at no cost to the worker. The Committee notes that the Government indicates that the services offered by the National Centre for Occupational Safety and Health to workers likely to be exposed to vibration are offered free of charge, but that this does not provide for a full implementation of the requirements in this provision of the Convention. The Government is yet again requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned.

Article 11(3–4). Provision of alternative employment. The Committee notes that the Government in its report does not respond to the question regarding the implementation of these provisions. The Committee again requests the Government to indicate measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. Notification to competent authorities. The Committee notes the information that the use of machinery and equipment is always notified to the authorities and authorizations are duly obtained. The Committee requests the Government to provide references to relevant legislation where these notification/authorization requirements are regulated and to take measures to ensure a full application of this provision of the Convention.

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

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on its previous comment concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee:

Article 4 of the Convention. In its previous comments, the Committee noted the provisions of the Labour Code which establish the general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and protective measures. In a previous report, the Government indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they were adopted. The Committee notes that the Government has not yet provided any technical instructions respecting noise and exposure limits to air pollution. It hopes that specific measures concerning air pollution and noise will be adopted and forwarded to the Office in the near future and that they will give full effect to the Convention, and particularly to Articles 6, 7, 8, 9, 10, 11, 13 and 15.

The Committee notes with interest Instruction No. 4 (1993) respecting occupational health and the protection of workers against vibration. It notes that the Instruction gives partial effect to Articles 6(1), 7(1), 8, 9, 10, 11(1), 13(b) and 16(a).

Article 11, paragraph 1. However, the Committee notes that section I(1) and (2) of Instruction No. 4 provide for the organization of a pre-assignment medical examination and periodical examinations every six months of the health of workers assigned to work exposing them to vibration. The Committee recalls that, in accordance with Article 11(1) supervision must be provided for workers exposed or liable to be exposed to occupational hazards due to vibration. It requests the Government to indicate whether workers liable to be exposed to vibration are also subject to medical examination.

The Committee also wishes to draw the Government’s attention to the application of the following provisions:

Article 5. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers concerned and for ensuring the collaboration of employers’ and workers’ representatives and to accompany inspectors.

Article 6, paragraph 2. The Committee requests the Government to provide particulars of any general procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 11, paragraphs 2, 3 and 4. The Committee noted in its previous comments the statement made in a Government report that periodical medical examinations are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned. Furthermore, the Committee requests the Government to indicate the measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. The Committee once again requests the Government to indicate the measures taken to ensure that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it.

The Committee requests the Government to provide a copy of the Law (No. 28) respecting the National Occupational Health and Safety Commission as well as of any other new relevant legislation.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the legal texts provided by the Government and wishes to draw the Government’s attention to the following points.

1. Article 4 of the Convention. In its previous comments, the Committee noted the provisions of the Labour Code which establish the general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and protective measures. In a previous report, the Government indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they were adopted. The Committee notes that the Government has not yet provided any technical instructions respecting noise and exposure limits to air pollution. It hopes that specific measures concerning air pollution and noise will be adopted and forwarded to the Office in the near future and that they will give full effect to the Convention, and particularly to Articles 6, 7, 8, 9, 10, 11, 13 and 15.

2. The Committee notes with interest Instruction No. 4 (1993) respecting occupational health and the protection of workers against vibration. It notes that the Instruction gives partial effect to Articles 6, paragraph 1, 7, paragraph 1, 8, 9, 10, 11, paragraph 1, 13(b) and 16(a).

3. However, the Committee notes that section I(1) and (2) of Instruction No.  4 provide for the organization of a pre-assignment medical examination and periodical examinations every six months of the health of workers assigned to work exposing them to vibration. The Committee recalls that, in accordance with Article 11, paragraph 1, supervision must be provided for workers exposed or liable to be exposed to occupational hazards due to vibration. It requests the Government to indicate whether workers liable to be exposed to vibration are also subject to medical examination.

4. The Committee also wishes to draw the Government’s attention to the application of the following provisions:

Article 5. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers concerned and for ensuring the collaboration of employers’ and workers’ representatives and to accompany inspectors.

Article 6, paragraph 2. The Committee requests the Government to provide particulars of any general procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 11, paragraphs 2, 3 and 4. The Committee noted in its previous comments the statement made in a Government report that periodical medical examinations are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned. Furthermore, the Committee requests the Government to indicate the measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. The Committee once again requests the Government to indicate the measures taken to ensure that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it.

The Committee requests the Government to provide a copy of Law No. 17 (2000) making a second amendment to the Labour Code (No. 71 of 1987), and of Law (No. 28) respecting the National Occupational Health and Safety Commission.

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

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

Article 4. In its previous comments, the Committee noted the provisions of the Labour Code which set a general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its latest report, the Government has indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they are adopted. The Committee hopes that specific measures with respect to air pollution, noise and vibration will be adopted in the near future and that they will also ensure the full application of the Convention, in particular, Articles 5, 6, 7, 9, 10, 13 and 15, and that these measures will take into account the following points:

1. Article 8. The Committee notes from the Government's report that the limit with respect to noise of 85 decibels was set after taking into consideration the opinion of experts from the National Occupational Safety and Health Centre. The Committee would recall that this Article of the Convention also calls for criteria to be established for determining the hazards of exposure to air pollution and vibration.

2. Article 11, paragraphs 2, 3 and 4. The Committee notes the statement in the Government's report that periodical medical examination are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of cost to the worker concerned. The Committee further notes the indication in the Government's report that workers with occupational diseases have the right to an indemnity. The Committee would recall that paragraph 3 of Article 11 provides that every effort should be made to provide workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration (and not only workers who have occupational diseases) with suitable alternative employment or income maintenance through social security measures or otherwise.

3. Article 12. The Committee notes the indication in the Government's report that coordination and collaboration are organized between the Minister of Labour and Social Affairs and the National Occupational Safety and Health Centre in order to exercise periodic control over the establishments concerned. The Committee would recall that this Article of the Convention calls for measures to be taken to ensure that the use of certain processes, substances, machinery and equipment to be determined are notified to the competent authority so that the authority may then authorize the use on prescribed conditions or prohibit it.

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

I. The Committee notes with interest the information provided in the Government's latest report concerning Articles 14 and 16 of the Convention.

II. Article 4. In its previous comments, the Committee noted the provisions of the Labour Code which set a general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its latest report, the Government has indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they are adopted. The Committee hopes that specific measures with respect to air pollution, noise and vibration will be adopted in the near future and that they will also ensure the full application of the Convention, in particular, Articles 5, 6, 7, 9, 10, 13 and 15, and that these measures will take into account the following points:

1. Article 8. The Committee notes from the Government's report that the limit with respect to noise of 85 decibels was set after taking into consideration the opinion of experts from the National Occupational Safety and Health Centre. The Committee would recall that this Article of the Convention also calls for criteria to be established for determining the hazards of exposure to air pollution and vibration.

2. Article 11, paragraphs 2, 3 and 4. The Committee notes the statement in the Government's report that periodical medical examination are provided free of cost. The Government is requested to indicate the measuress taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of cost to the worker concerned. The Committee further notes the indication in the Government's report that workers with occupational diseases have the right to an indemnity. The Committee would recall that paragraph 3 of Article 11 provides that every effort should be made to provide workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration (and not only workers who have occupational diseases) with suitable alternative employment or income maintenance through social security measures or otherwise.

3. Article 12. The Committee notes the indication in the Government's report that coordination and collaboration are organized between the Minister of Labour and Social Affairs and the National Occupational Safety and Health Centre in order to exercise periodic control over the establishments concerned. The Committee would recall that this Article of the Convention calls for measures to be taken to ensure that the use of certain processes, substances, machinery and equipment to be determined are notified to the competent authority so that the authority may then authorize the use on prescribed conditions or prohibit it.

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

1. The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It has also taken note of the provisions of the new Labour Code which set a general framework for measures in the area of occupational safety. It would recall, however, that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. The Committee has noted that section 107 of the Labour Code, requiring certain measures to be taken by the employer, refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its report, the Government has referred to Instruction No. 22 of 1987 concerning occupational safety and Act No. 89 of 1981 on public health which deal with occupational safety and health issues generally. The Committee requests the Government to supply copies of any laws or regulations prescribing specific measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, in accordance with Article 4 of the Convention. The Committee hopes that such laws or regulations will, in accordance with Article 1, cover all branches of economic activity in the application of the Convention.

2. The Committee requests the Government to provide the following information:

Article 6. Section 5 of Instruction No. 22 of 1987 concerning occupational safety and health provides that employers are responsible for protecting workers from safety and health risks generally. Paragraphs 9, 15 and 18 of this section refer to employers' general responsibilities concerning air pollution and noise. In accordance with this Article, however, measures must be taken to ensure the employers' responsibility for compliance with the specific measures for the prevention and control of, and protection against occupational hazards due to air pollution, noise and vibration. The Committee requests the Government to provide further information concerning the employers' responsibility with regard to these specific measures. It also requests the Government to indicate the measures taken to ensure that employers who undertake activities simultaneously at one workplace have the duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his other employees.

Article 7. Section 6 of Instruction No. 22 provides that workers must comply with safety and health measures generally. The Committee requests the Government to indicate the measures taken to ensure a worker complies with safety procedures relating specifically to prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration, as well as to guarantee workers' rights to present proposals, to obtain information and training and to appeal to appropriate bodies so as to ensure protection against such hazards.

Article 8. Section 5(15) of Instruction No. 22 requires an employer to limit the noise level to 85 decibels. The Committee requests the Government to indicate the criteria elaborated to make this determination and to indicate whether the opinion of technically competent persons designated by the most representative employers' and workers' organisations was taken into account. It also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits.

Article 9. Technical and organisational measures to eliminate the hazards of exposure to air pollution, noise and vibration.

Article 10. Sections 5(1) and 5(7) of Instruction No. 22 require the employer to provide protective equipment for the workers' safety and health generally. By virtue of this Article, however, a provision for special personal protective equipment at workplaces where the air pollution, noise and vibration levels exceed the exposure limits determined by the competent authority is necessary. The Committee requests the Government to indicate the measures taken to ensure the provision of adequate protective equipment when these fixed levels have been exceeded.

Article 11, paragraphs 2, 3 and 4. Section 5(22) of Instruction No. 22 provides for periodic medical examinations. The Committee requests the Government to indicate whether these examinations are free of cost to the worker. It also requests the Government to supply information concerning the provision of suitable work alternatives or income maintenance for workers whose continued assignment to work involving such exposure is determined to be medically inadvisable and the assurance that there are no adverse effects to workers' rights under social security or social insurance legislation.

Article 12. Determination of types of processes, substances, machinery and equipment the use of which is required to be notified to the labour inspectorate.

Article 13. Sections 4(II)(e) (4 and 5) and 5(1) of Instruction No. 22 concern the provision of safety and health information to workers. The Committee requests the Government to indicate the measures taken to guarantee the provision of information specific to potential occupational hazards in the working environment due to air pollution, noise and vibration and instruction in the measures available for the protection and control of such hazards.

Article 14. Measures for the promotion of research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Article 15. Circumstances requiring the appointment of a competent person to deal with matters in the workplace pertaining to the prevention and control of air pollution, noise and vibration.

Article 16. Provision of appropriate penalties and inspection services to ensure full application of the provisions of the Convention.

3. Article 5. The Committee also requests the Government to indicate whether, in giving effect to the provisions of the Convention, the most representative employers' and workers' organisations concerned have been consulted and whether they are associated with the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of Article 4. Finally, the Government is requested to indicate the measures taken to ensure close collaboration between employers and workers in the application of these measures and to provide for the representative of workers in the enterprise to have the opportunity to accompany inspectors supervising the application of such measures.