Occupational Safety and Health Convention, 1981 (No. 155) - Belgium (Ratification: 2011)

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

Article 4 of the Convention. The Committee notes the Government’s indication that, following the evaluation of the National Strategy on Well-being at Work 2008–12, a number of conclusions were drawn, including a lack of commitment to the Strategy, a lack of clarity concerning responsibilities and a lack of communication in relation to the strategic and operational objectives, and that possible ways forward for the structure and content of the new Strategy were identified. In this regard, the Committee notes that the National Strategy on Well-being at Work 2014–20 is still at the draft stage. It also notes that the Government and the National Labour Council refer to the opinion issued by the Council on 25 November 2015 (Opinion No. 1918), examining the draft National Strategy. According to the Government’s indication, it is now for the Minister of Employment to make proposals for action on the Strategy and to then submit them to the social partners. The Committee requests the Government to continue providing information on the development and adoption of the new National Strategy on Well-being at Work 2014–20 and on the consultations held in this context, and to provide a copy of the Strategy once it has been adopted.

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

Article 2(2) and (3) of the Convention. Scope of application. Domestic workers and other household staff. Further to its previous comments, the Committee notes with interest the adoption of the Act of 15 May 2014 amending the Act of 4 August 1996 with respect to domestic workers and household staff. It notes that the Act, the objective of which is to give effect to the Act of 4 August 1996 with respect to the well-being of workers in the performance of the work, domestic workers and household staff, will enter into force at a date that is still to be determined by a royal order. The Committee also notes the Government’s indication in its report that, in view of the specific nature of domestic work, the draft Royal Order establishing measures for the well-being of domestic workers is under preparation and a commission has been established within the Higher Council for Occupational Prevention and Protection with a view to obtaining the views of the social partners on the subject. The Committee requests the Government to continue providing information on the entry into force of the Act of 15 May 2014, and on any developments relating to the adoption of the Royal Order establishing measures for the well-being of domestic workers, and to provide a copy of this text once it has been adopted.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the detailed information contained in the Government’s first report. It particularly notes with interest the Act of 4 August 1996 on the well-being of workers in the performance of their work, and its implementing Royal Decrees, including the Royal Decree of 27 March 1998 concerning the policy of well-being of workers at work, thereby giving effect to a number of provisions in the Convention.

Article 2(2) and (3) of the Convention. Scope. Domestic servants and staff. The Committee notes the information that domestic servants and other staff have been excluded from the scope of the Convention since the Act of 10 June 1952 concerning the occupational safety and health of workers and hygiene of the workplace, and that this exclusion was reiterated in the Act of 4 August 1996 on the well-being of workers in the performance of their work. The Committee also notes that, according to the Government, a Bill is being drafted with a view to extending the scope of the Act of 4 August 1996 concerning domestic workers and other staff and will be submitted to the Council of Ministers. The aim is to comply with this Convention as well as with the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to indicate whether consultations have taken place, on the subject of this exclusion, with the representative organizations of employers and workers concerned, to describe the measures taken to provide adequate protection for the categories of workers excluded and to indicate, in its forthcoming reports, any progress achieved in extending the application of the Convention, particularly through the adoption of the new Act.

Article 4. National policy. The Committee notes that, according to the Government, the national policy with regard to safety and health is described in the general policy note, which the Minister concerned with employment addresses to Parliament at the beginning of each legislative term. Belgium has also introduced a National Strategy on the Well-being of Workers at Work, 2008–12, which is in the process of being assessed with a view to establishing a new strategy. This was discussed by the National Labour Council, which groups the representative employers’ and workers’ organizations at the national level. The Committee requests the Government to send information on the outcome of this assessment, as well as a copy of the new strategy, once it has been adopted.

Part V of the report form. Application in practice. The Committee notes the information contained in the first report and particularly the statistics concerning the breakdown of visits on each activity of the reporting unit for the years 2011 and 2012. The Committee asks the Government to provide an overall appreciation of the way in which the Convention is applied in the country, enclosing extracts from inspection reports and statistical data on the number of workers covered by the legislation; the number and nature of violations noted; the number, nature and cause of accidents reported, etc.