Safety and Health in Construction Convention, 1988 (No. 167) - Hungary (Ratification: 1989)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 35 of the Convention. Appropriate inspection. Effective enforcement of the provisions of the Convention. Application in practice. With reference to its previous comments, in which it requested information on the measures taken to address the upward trend in infringements of rules on electrical shock protection, the Committee notes the Government’s indication in its report that the occupational safety and health (OSH) authority pays special attention to the control of electrical safety requirements during inspections and that targeted inspections were carried out in this regard in 2014. The Committee also notes that the Government once again refers to section 82(1) of Act No. XCIII of 1993 on labour safety which requires OSH inspectorates to impose fines on employers who have exposed their workers to severe risks by failing to provide safe and healthy working conditions. In this regard, the Committee notes from the statistical information provided by the Government, that there was a decrease between 2010 and 2014 in the number of employers inspected in the construction industry (from 6,997 to 5,251), with some fluctuations during these years. It also notes that the number of resolutions imposing occupational safety fines fell from 643 in 2010 to 370 in 2014. Furthermore, the Committee notes that the number of measures taken with regard to violations of the rules pertaining to prevention of electrical shocks fell from 1,837 in 2010 to 1,254 in 2014, and that the number of measures taken with regard to violations of the rules pertaining to individual protective equipment, after having regularly fallen between 2010 and 2013, increased from 1,380 in 2013 to 2,346 in 2014. Finally, it notes that the number of occupational accidents in construction fell from 1,053 in 2010 (25 of which were fatal and 15 cases of total mutilation) to 791 in 2014 (18 of which were fatal and 18 cases of total mutilation). The Committee requests the Government to provide further information on the measures taken to ensure that appropriate inspection is carried out and the effective enforcement of the provisions of the Convention. It also requests the Government to provide information on the causes of the increase between 2013 and 2014 in the number of violations of the rules pertaining to individual protective equipment and on the measures taken or envisaged to address this increase, and to continue providing detailed information on the application of the Convention in practice.

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

The Committee notes the detailed report submitted by the Government, including information regarding relevant legislation and statistics regarding application in practice of the Convention. Based on available information, the Committee notes the effect given to Articles 16, 19, 21 and 23 of the Convention.

Part IV of the report form. Application in practice. As regards application in practice, the Committee notes the statistical data provided regarding the construction industry, including information on infringements of relevant legislation in 2006–09, and the number of occupational accidents recorded in 2007–09. In terms of infringements, the information provided seems to indicate a downward trend regarding infringements of rules concerning protective equipment and an upward trend regarding infringements of the rules on shock protection. As regards the information regarding occupational accidents, it is difficult to determine any distinct trends. The Committee also notes the information in the Government’s report that, following consultations with employers’ and workers’ organizations – including on the workers’ side the National Federation of Autonomous Trade Unions; the Trade Union of Intellectuals; the Democratic League of Independent Trade Unions; the National Confederation of Workers’ Councils; and the Co-operation Forum of Trade Unions – the workers’ organizations have observed that resolutions on imposing labour protection fines were passed only for a fraction of the breaches of labour protection. In response thereto, the Government indicates that the inspection authority may impose a labour protection fine only in cases provided for in section 82(1) of Act XCIII of 1993 on labour protection which provides, inter alia, that fines be imposed in situations where the infringements “seriously endanger the life, physical integrity and health of workers” and that the inspector shall resort to misdemeanour proceedings in other cases implying serious risks. The Committee requests the Government to provide further information on measures taken to address the upward trend regarding infringements of rules on shock protection and on how section 82(1) of Act XCIII of 1993 is applied in practice in the light of the comments of the workers’ organizations.

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

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:

The Committee notes the information contained in the Government’s report, including information regarding relevant legislation. The Committee notes, in particular, that this list of legal and regulatory instruments includes several texts, adopted in 2000-04, which seem to directly relate to the application of the Convention, but which are unavailable to the Committee. These include, in particular, the following: Joint Decree No. 4/2002.(11.20.) of the Minister of Social and Family Affairs and the Minister of Health on the minimum safety requirements for construction sites and construction processes; Joint Decree No. 3/2002 of the Minister of Social and Family Affairs and the Minister of Health on minimum safety requirements at work; Decree No. 14/2004.(IV.19.) of the Minister of Employment and Labour on minimum safety and health requirements for work equipment and the use thereof. The Committee further notes that the Government also refers to Hungarian technical standards that contain provisions, which seem to give effect to the Convention but which are also unavailable to the Committee. These include: Hungarian Standard series No. MSZ 2364 – installation of electrical equipment of buildings; No. MSZ EN 81-3:2002 – safety requirements for the structure and installation of lifts; No. MSZ 13010-13017 – construction scaffolding; No. MSZ HD 1000:2002 – prefabricated scaffolding, materials, sizes, load-bearing capacities, and safety requirements; and No. MSZ HD 1004:2000 – prefabricated drilling scaffolding materials, sizes, load-bearing capacities, and safety requirements. In order to enable the Committee to make an appropriate assessment of the relevance of this legislation for the effect given to the Convention in the country, the Committee requests the Government to communicate with its next report copies of the referenced texts and any other relevant legislative and other texts, if possible in one of the working languages of the Office.

In the meantime, and on the basis of available information, the Committee requests the Government to provide additional information on the effect given to the following provisions of the Convention:

–      Article 16. Measures taken to ensure healthy and safe use of transport, earth-moving and materials-handling equipment;

–      Article 19. Measures taken to ensure healthy and safe work;

–      Article 21. Measures legally prescribed to ensure safe work in compressed air; and

–      Article 23. Measures to ensure healthy and safe work over water.

Part VI of the report form. Practical implementation of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country including, for instance, extracts from the reports of inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of contraventions reported, and the number of accidents.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, including information regarding relevant legislation. The Committee notes, in particular, that this list of legal and regulatory instruments includes several texts, adopted in 2000-04, which seem to directly relate to the application of the Convention, but which are unavailable to the Committee. These include, in particular, the following: Joint Decree No. 4/2002.(11.20.) of the Minister of Social and Family Affairs and the Minister of Health on the minimum safety requirements for construction sites and construction processes; Joint Decree No. 3/2002 of the Minister of Social and Family Affairs and the Minister of Health on minimum safety requirements at work; Decree No. 14/2004.(IV.19.) of the Minister of Employment and Labour on minimum safety and health requirements for work equipment and the use thereof. The Committee further notes that the Government also refers to Hungarian technical standards that contain provisions, which seem to give effect to the Convention but which are also unavailable to the Committee. These include: Hungarian Standard series No. MSZ 2364 – installation of electrical equipment of buildings; No. MSZ EN 81-3:2002 – safety requirements for the structure and installation of lifts; No. MSZ 13010-13017 – construction scaffolding; No. MSZ HD 1000:2002 – prefabricated scaffolding, materials, sizes, load-bearing capacities, and safety requirements; and No. MSZ HD 1004:2000 – prefabricated drilling scaffolding materials, sizes, load-bearing capacities, and safety requirements. In order to enable the Committee to make an appropriate assessment of the relevance of this legislation for the effect given to the Convention in the country, the Committee requests the Government to communicate with its next report copies of the referenced texts and any other relevant legislative and other texts, if possible in one of the working languages of the Office.

2. In the meantime, and on the basis of available information, the Committee requests the Government to provide additional information on the effect given to the following provisions of the Convention:

–         Article 16. Measures taken to ensure healthy and safe use of transport, earth-moving and materials-handling equipment;

–         Article 19. Measures taken to ensure healthy and safe work;

–         Article 21. Measures legally prescribed to ensure safe work in compressed air; and

–         Article 23. Measures to ensure healthy and safe work over water.

3. Part IV of the report form. Practical implementation of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country including, for instance, extracts from the reports of inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of contraventions reported, and the number of accidents.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided by the Government in its first report. The Government referred, in its report, to a Labour Safety Bill which is to be discussed by Parliament in the near future and indicated that standards were being revised and new safety regulations were being prepared. The Government is requested to provide a copy of any safety legislation adopted or in force, including those Hungarian standards referred to in its report which are at present in force, in so far as they are relevant to the application of the Convention. The Government is also requested to indicate, in its next report, whether Decree No. 5 of 1986 and Decree No. 31 of 1981 of the Minister of Construction and Town Planning respecting the protection of labour are still in force.