Occupational Safety and Health Convention, 1981 (No. 155) - Hungary (Ratification: 1994)

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

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, which were included in the Government’s report.

Articles 2 and 3(b) of the Convention. Coverage of the legislation giving effect to the Convention. The Committee notes the information provided by the Government in reply to its previous request that, pursuant to section 87 of the Occupational Safety and Health (OSH) Act, the Act applies to all persons performing work in the framework of organized work, including work performed as a public servant or public employee.

Article 4. Formulation, implementation and periodic review of a national policy on OSH. The Committee previously noted that the OSH Act requires the adoption of a national programme for the protection of health and working ability. It notes, in this respect, the Government’s indication that in 2001 a national health and safety programme was adopted, setting out long-term objectives until 2007. The Government states that a national safety and health policy was prepared and discussed in 2009, but that this policy was not approved. The Government also indicates that discussions on the national OSH policy began again in 2015. Recalling that the national policy process, with the full participation of the social partners, is the crucial motor for improving national OSH situations and creating safe and healthy working environments, the Committee requests the Government to pursue its efforts to formulate a national OSH policy. It requests the Government to provide information on the progress made in this respect, including on the consultations held with workers’ and employers’ organizations, as well as measures to implement and review the policy, once adopted.

Article 9. System of inspection. The Committee notes the observations of the workers’ representatives on the National ILO Council that multiple reorganizations have led to a capacity shortage at the OSH inspectorate and that capacity development is therefore required. The Government indicates in this respect that while the number of OSH inspectors decreased as a result of the institutional restructuring, the inspections conducted based on annual inspection plans are more effective and better targeted. The Committee also notes the Government’s statement that the national OSH inspectorate was integrated into the National Labour Office in 2012, but that when the National Labour Office was terminated in January 2015, the supervision of occupational safety was transferred to the Ministry of the National Economy. The Government also states that the Work Hygiene and Occupational Health Department functions as a department of the Office of the Chief Medical Officer. The Committee refers to its comments published in 2016 under the Labour Inspection Convention, 1947 (No. 81).

Article 11(a). The determination of conditions governing the design, construction and layout of undertakings. With reference to its previous comment, the Committee notes that section 18 of the OSH Act provides that the design, construction, putting into use and operation of a workplace, an installation or a technology, as well as the production, manufacturing, storage, handling, transportation, utilization, commercialization, import and operation of work equipment, materials and personal protective equipment may only take place if the appropriate requirements have been met, as defined in OSH regulations or, in their absence, as may be expected under the current state of scientific or technical knowledge. It also notes that Joint Decrees Nos 3 and 4/2002 of the Minister of Social and Family Affairs and the Minister of Health contain minimum safety requirements on the workplace and for construction sites and construction processes, respectively, including the design, construction and layout of undertakings. The Committee takes note of this information.

Article 11(b). Determination of work processes, substances and agents subject to authorization and control. The Committee once again requests the Government to provide information on the measures taken by the competent authority to determine the work processes and substances and agents for which exposure is prohibited, limited or made subject to authorization.

Article 11(e). Annual publication of information on OSH measures. The Committee notes the Government’s statement, in response to the Committee’s previous request, that the Minister of the National Economy undertakes an annual review of the occupational safety and health situation, and that the draft report is discussed and approved by the national OSH committee. It further notes that, pursuant to section 14 of the OSH Act, the results of the review are published. Moreover, on the basis of notifications, the Labour Supervision Department prepares an annual report on accidents at work.

Article 11(f). Risk assessment systems. Chemical, physical and biological agents. The Committee notes that the Government refers to the employers’ responsibility with regards to risk assessment. The Committee wishes to recall that Article 11(f) requires the competent authority to progressively introduce or extend risk assessment systems at the national level to give effect to the national policy. The Committee requests the Government to provide information on the measures taken to develop a system at the national level to examine chemical, physical and biological agents in respect of risk to the health of workers.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government regarding safety control of work tools. It also notes the Decree of the Minister of the National Economy on the safety requirements and certification of machines (No. 16/2008) and its Annexes, which contain detailed provisions on the responsibilities of the manufacturers in ensuring the conformity of machinery with the health and safety requirements. The Committee requests the Government to specify the responsibilities of those who design, import, provide or transfer machinery, equipment and substances for occupational use. It also requests the Government to provide information on the responsibilities of manufacturers regarding the equipment and substances that they produce.

Article 16. Employers’ responsibilities. The Committee notes that sections 47 and 48 of the OSH Act provide that the employer is obliged to establish protective measures against hazards taking into consideration the provisions of the Act and of the regulations establishing rules for: the carrying out of work; work processes; workplaces; technology; work equipment; and personal protective equipment. Under section 54, employers shall observe the following requirements: hazards shall be avoided; unavoidable hazards shall be evaluated; and hazards shall be eliminated at the place of origin. It also notes Act XXV of 2000 on Chemical Safety, and in particular section 19(1) on the assessment and reduction of risks and section 20(3) on risk control concerning the employers’ responsibilities in this respect, as well as Joint Decree No. 25/2000 of the Minister of Health and the Minister of Social and Family Affairs on the chemical safety of workplaces, which contains further details on these responsibilities. The Committee requests the Government to specify the provisions requiring employers to ensure that, so far as is reasonably practicable, the physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken, in accordance with Article 16(2).

Article 19(f). Protection of workers from undue consequences. The Committee notes that effect is given to this provision by sections 60, 61 and 63(1) and (2) of the OSH Act. Section 60 provides that employees must stop unsafe abnormalities or malfunctions within their capacities, or demand that this be done by their supervisor. Section 62 provides that employees shall not be discriminated against for requests related to the respect of healthy and safe working conditions. Pursuant to section 63(1) and (2), employees may refuse to perform work if it can directly and seriously endanger their lives, health or bodily integrity, including as a result of the non-functioning or absence of necessary protective devices or personal protective equipment.

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

The Committee notes the Government’s detailed report including extensive information regarding relevant and current legislation giving effect to the Convention but that the Government did not, as requested by the Committee, transmit copies of relevant national legislation. The Committee reiterates its request to the Government to submit copies of the main pieces of legislation which give effect to the Convention or provide information on publicly available web-sites where this legislation can be consulted to enable the Committee to evaluate the application of the Convention in the country.

Article 3(b) of the Convention. Definition of the term “worker”. The Committee notes that in the context of the effect given to this article the Government refers to the definitions contained in section 87 of the Occupational Safety and Health (OSH) Act. The Committee notes, however, that the referenced section 87 does not include a definition of workers to cover all employed persons including public employees as required by this provision of the Convention. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect of this provision of the Convention.

Article 4(1). Formulation, implementation and periodical review of a national policy on occupational safety and health. The Committee notes that Government’s current report contains only references to legal provision calling for the adoption of a “national programme for the protection of health and working ability” and that no reference is made in this report to the national safety programme referred to in its previous report. With reference to the terms of this provision of the Convention the Committee recalls that the Government is called upon to formulate, implement and periodically review a national policy on occupational safety and health. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 4(2). The preventive aim of the national policy. With reference to the terms of this provision of the Convention the Committee notes that according to the Government’s report, sections 1–8 of Chapter I of Act No. 93 of 1993 concerning the OSH Act, contains no reference to the basic principle of prevention which is the central principle of the Convention and that subsection 1 of section 2 of the same act calls upon the Government to enact a national programme for the protection of health and working ability. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government yet again did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (e) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (f) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the reference made in the Government’s report to the adoption of Decree No. 16/2008 (VIII.30.) NFGM on the safety requirements and compliance certification of machines that came into force on 29 December 2009 which, according to the Government, complies with relevant EU legislation. As this text has not been made available to it the Committee requests the Government to transmit a copy thereof to the Office to enable the Committee to evaluate the application of this provision in the country.

Article 16. Employer’ responsibilities. The Committee notes the reference made to Decree No. 14/2004. (IV.19.) FMM on the minimal safety and health requirements for work tools and their utilization and to Decree No. 65/1999 (XII.22.) EüM on the minimal safety and health protection requirements regarding the utilization of individual protection tools by workers at the workplaces. The Committee notes that while the referenced legislation has not been made available to the Committee it appears it does not seem to regulate employer’s responsibilities for occupational safety and health matter which is the object of Article 16 of the Convention. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 19(f). Protection of workers from undue consequences. The Committee notes that the report is silent as regards the application of Article 19(f). The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes the brief statistical information concerning occupational accidents for the years 2005 to 2010 (first quarter), which seems to indicate an uneven downward trend regarding the number of accidents reported and a steady downward trend in the number of fatalities. The Committee requests the Government to provide more ample statistical data, including more detailed analyses and reports from the labour inspectorate.

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. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:

–      Ministry of Welfare Decree No. 25/1996 (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Ministry of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk, as amended by Ministry of Welfare Decree No. 57/1997 (XII.21) NM;

–      Ministry of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure;

–      Ministry of Welfare Decree No. 4/1997 (II.21) NM as amended by Government Decree No. 143/1997 (IX.3) Korm, and Ministry of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

–      Ministry of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

–      Ministry of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries;

–      Ministry of Industry, Trade and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents; and

–      Ministry of Welfare Decree No. 59/1997 (XII.21) NM.

Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.

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

1. The Committee notes the information contained in the Government’s report. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:

–           Ministry of Welfare Decree No. 25/1996 (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health;

–           Ministry of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk, as amended by Ministry of Welfare Decree No. 57/1997 (XII.21) NM;

–         Ministry of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure;

–         Ministry of Welfare Decree No. 4/1997 (II.21) NM as amended by Government Decree No. 143/1997 (IX.3) Korm, and Ministry of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

–         Ministry of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

–         Ministry of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries;

–         Ministry of Industry, Trade and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents; and

–         Ministry of Welfare Decree No. 59/1997 (XII.21) NM.

2. Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

3. Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

4. Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.

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

The Committee notes the information contained in the Government's reports in reply to its previous comments.

1. Further to its previous comments, the Committee notes the information that the national policy (programme) on occupational safety and health which was expected to be accepted in the second half of 1997 was only ready by February 1998 owing to prolonged consultations. Having been prepared as a parliamentary resolution, the policy could not be enacted as legislation because of the preparations for the general elections which took place in the spring of 1998 and because of other problems related to coordination. It is expected that the policy will be accepted in 1999. The Committee hopes that the policy/programme on occupational safety and health will be adopted shortly and a copy will be sent to the Office.

2. The Committee notes from the Government's report that several regulations implementing and supplementing the provisions of Act No. 93 concerning occupational safety and health have been adopted. With a view to examining this and the questions raised by the Committee in its previous comments, the Committee requests the Government to provide copies of the following texts:

Minister of Welfare Decree No. 25/1996. (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health (text also requested under Convention No. 148, direct request 1997);

Minister of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk (text also requested under Convention No. 148, direct request 1997), as amended by Minister of Welfare Decree No. 57/1997 (XII.21) NM;

Minister of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure (text also requested under Convention No. 148, direct request 1997);

Government Decree No. 233/1996 (XII.26) on rules of procedure concerning hazardous substances and hazardous preparations and its modifying Government Decree No. 70/1998 Korm, and Minister of Welfare Decree No. 4/1997 (II.21) NM on its execution as amended by Government Decree No. 143/1997 (IX.3) Korm, and Minister of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

Minister of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

Minister of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries.

Ministry of Industry, Trade, and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents;

Minister of Welfare Decree No. 59/1997 (XII.21) NM.

The Committee requests the Government to also indicate in detail which provisions of these Decrees and regulations provide for its previous comments which were formulated as follows:

Article 5(a) and (b) of the Convention. The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.

Article 11(a), (b), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.

Article 12. Please indicate the measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Article 16, paragraph 2. Please indicate provisions of national laws whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.

Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information provided in the Government's first report.

1. The Committee notes from the Government's report that in connection with the ratification of this instrument a complete revision of the national legislation on occupational safety and health had been envisaged. This process had begun from the adoption of Act No. 93 of 1993 after which the laws issued during the preceding period should be reviewed. The process in question has not finished yet. At the same time, a draft National Occupational Safety Programme has been elaborated, and national policy on occupational safety and health is being formulated, in conformity with Article 4 of the Convention. The Committee hopes that the current simultaneous process of the formulation and implementation of a national policy on occupational safety, occupational health and the working environment, on the one hand, and of the adoption of laws and regulations in this sphere, on the other hand, would be achieved in the near future and requests the Government to supply all texts and documentation once they have been adopted.

2. The Committee requests the Government to supply additional information on the following points.

Article 5(a) and (b). The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.

Article 11(a), (b), (c), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.

Article 12. Please indicate measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Article 16, paragraph 2. Please indicate provisions whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.

Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.