Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - United Republic of Tanzania (Ratification: 1983)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 Conventions Nos 148 (working environment (air pollution, noise, vibration)) and 170 (chemicals) together.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. Air pollution. The Committee previously noted the Government’s indication that the Occupational Safety and Health Bill was being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations were under review. It notes the Government’s indication in its report that the proposed Occupational Safety and Health Bill is still under review. The Committee requests the Government to provide information on the legislation or regulations adopted related to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, including the adoption of new occupational safety and health legislation.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee previously requested a copy of the air pollution standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. In this respect, the Committee notes with interest the Air quality – Specification Standard of the Tanzania Board of Standards, which establishes permissible limits of some common substances found in polluted air, namely sulphur dioxide, carbon monoxide, suspended particulate matter (dust), oxides of nitrogen, hydrocarbons and lead. The Committee notes that the Standard covers both the ambient air and emission sources.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. The Committee notes the Government’s reference, in reply to its previous request on the effect given to Article 11(3), to the Occupational Safety and Health Bill, currently under examination. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers who are transferred, because their continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government related to safety training courses provided by the Occupational Safety and Health Authority. The Committee requests the Government to provide further information on the measures taken to ensure that workers are instructed in the measures available for the prevention and control of, and protection against, air pollution.

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication in its report, in response to its previous comments, that the process of developing a Chemicals Management National Policy has started with the preparation of a concept note. The Committee requests the Government to continue providing information on any progress made in this regard.

Article 6(2) and (3) and 8(2). Assessment of the hazardous properties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Criteria for the preparation of chemical safety data sheets. The Committee previously noted the Government’s reference to a draft regulation to implement the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. The Government also indicated its intention to institutionalize the use of international chemical safety data sheets once such a regulation is adopted. The Committee further noted that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the United Nations Recommendations on the Transport of Dangerous Goods, were under review.

The Committee notes the Government’s indication that it is finalizing the specific regulation on the classification and labelling of chemicals to implement the GHS and that the regulation is expected to be in place by the end of 2020. The Government also states that it has reviewed some provisions of the Industrial and Consumer Chemicals (Management and Control) Act of 2003, in particular section 11(5), in order to address the issues of classification and labelling as part of GHS implementation. The Committee further notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provide for the transportation of chemicals (Part IV) and the requirement of labelling in case of transport (section 59 and 21st schedule). The Committee requests the Government to continue providing information on any developments regarding the adoption of the regulation to implement the GHS system, ensuring that full effect is given to Article 6(2) and (3) and Article 8 of the Convention. It also requests the Government to provide a copy of the new text once adopted.

Articles 7(1) and 9(2). Identification of all chemicals by labelling and marking and responsibility of the suppliers to forward revised labels and chemical data sheets. The Committee requests the Government to provide information on the measures taken to give effect to Articles 7(1) and 9(2).

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. Following its previous comments, the Committee notes the Government’s reference to section 75 of the Occupational Health and Safety Act of 2003. According to this section, the employer shall ensure that packages of hazardous chemicals are labelled and that an appropriate chemical safety data sheet is provided to workers prior to handling chemicals. The employer shall also ensure that all chemical containers maintain their original labels and quality in terms of colour, text and graphics. The Committee requests the Government to provide further information on the measures taken to ensure that where such chemicals have not been properly labelled or marked, the employers receiving the chemicals obtain the relevant information from the supplier or from other reasonably available sources, as required by Article 10(2) of the Convention.

Article 12(a). Exposure limits or criteria. The Committee requests the Government to provide information on the measures taken to ensure the establishment of exposure limits or exposure criteria in accordance with either national or international standards, in accordance with Article 12(a).

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Following its previous comments, the Committee notes that section 23 of the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provides for the contents of risk assessment and risk management programmes to be included for the approval and registration of entities dealing with hazardous chemicals with the Board of Directors of the Government Chemist Laboratory Authority, as required by section 45(2) of the Industrial and Consumer Chemicals Management Act regarding the use of chemicals at work. The Government also indicates that inspections are carried out at least twice a year in this respect and that risk assessments and records for medical surveillance, among others, are part of the essential information to be provided to inspectors. The Committee requests the Government to continue providing information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities and the results of the inspections carried out.

Article 13(1)(f). Personal protective equipment. Following its previous comments, the Committee notes the Government’s reference to section 62 of the Occupational Health and Safety Act of 2003, which provides that effective protective equipment shall be provided and maintained by the employer for the use of the persons employed in any process involving exposure to any injurious or offensive substance or environment. Additionally, section 94 prohibits any payment from workers or deduction of wages in respect of anything to be done or provided by the employer in pursuance of the Act. The Committee takes note of this information.

Article 15(b) and (c). Training and instruction on labels and chemical safety data sheets. Following its previous comments, the Committee notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 contain several provisions (sections 10(4)(c), 22(1)(b), 29(1)(b) and 33(h)) that require employers involved in the transport, distribution, sale, storage, loading and packaging of chemicals to provide training to workers on the handling of chemicals on a continuous basis. The Committee requests the Government to indicate whether instructions on labels and chemical safety data sheets are included in such trainings. It also requests the Government to provide further information on the contents and frequency of the trainings required by the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020.

Article 18(1) and (3)(a)–(d). Right to removal and rights of workers and their representatives to information. The Committee requests the Government to provide information on the measures taken to ensure that workers have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and shall inform their supervisor immediately, in accordance with Article 18(1). The Committee also requests information on the measures taken to ensure that workers and their representatives have the right to the information referred to in Article 18(3).

Article 19. Responsibility of exporting States. The Committee requests the Government to provide further information on the measures taken, including the Southern African Development Community Code of Practice, to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefor are communicated to any importing country.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. With reference to its previous comments, the Committee notes the Government’s statement that the Occupational Safety and Health Bill, 2013, is being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations of 2014, are currently under review. The Committee expresses the strong hope that the Government will soon adopt the relevant texts to give full effect to the Convention and requests the Government to provide a copy of the new legislation, as soon as it is adopted.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee notes that the Government refers, in its report, to air pollution and noise standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. The Committee requests the Government to supply a copy of these Standards.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. In reply to the Committee’s previous comments, the Government refers to section 72 of the Occupational Safety and Health Act, No. 05/2003, on the possibility for the competent Minister to require medical supervision and examination for workers placed in conditions of work detrimental to their health. It adds that, during their visits, occupational health and safety medical inspectors provide advice on rehabilitative measures for workers affected, wherever necessary. Recalling that Article 11(3) requires every effort to be made to provide workers, whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures, the Committee once again requests the Government to take all the necessary measures to ensure the full application of this Article, both in law and in practice, and to provide further information in this regard.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government concerning the training sessions organized by the Directorate of Training and aimed at raising knowledge and awareness among workers responsible for safety and health issues at work. The Committee requests the Government to provide additional information on these training sessions, for example on their content and their frequency. The Committee also asks the Government to provide general indications on the application of the Convention, including information on inspection visits carried out, the number and nature of contraventions reported and sanctions imposed in relation to the relevant national provisions.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. With reference to its previous comments, the Committee notes the Government’s statement that the Occupational Safety and Health Bill, 2013, is being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations of 2014, are currently under review. The Committee expresses the strong hope that the Government will soon adopt the relevant texts to give full effect to the Convention and requests the Government to provide a copy of the new legislation, as soon as it is adopted.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee notes that the Government refers, in its report, to air pollution and noise standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. The Committee requests the Government to supply a copy of these Standards.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. In reply to the Committee’s previous comments, the Government refers to section 72 of the Occupational Safety and Health Act, No. 05/2003, on the possibility for the competent Minister to require medical supervision and examination for workers placed in conditions of work detrimental to their health. It adds that, during their visits, occupational health and safety medical inspectors provide advice on rehabilitative measures for workers affected, wherever necessary. Recalling that Article 11(3) requires every effort to be made to provide workers, whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures, the Committee once again requests the Government to take all the necessary measures to ensure the full application of this Article, both in law and in practice, and to provide further information in this regard.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government concerning the training sessions organized by the Directorate of Training and aimed at raising knowledge and awareness among workers responsible for safety and health issues at work. The Committee requests the Government to provide additional information on these training sessions, for example on their content and their frequency. The Committee also asks the Government to provide general indications on the application of the Convention, including information on inspection visits carried out, the number and nature of contraventions reported and sanctions imposed in relation to the relevant national provisions.

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

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. With reference to its previous comments, the Committee notes the information that the Labour Law Reform, Phase Two, announced in the Government’s previous report, has not been completed. The Committee requests the Government to take all necessary action to ensure that this legislative reform is brought to a successful conclusion in order to ensure full implementation of the Convention, in particular regarding the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee notes that the Government has not responded to its previous comment with respect to this Article. The Committee notes that, in accordance with section 61, subsection 2, of the Occupational Health and Safety Act, 2003, the Minister may make rules and regulations prescribing standards for the emission level in respect of dusts or fumes or other impurities of such a character. The Committee hopes that such rules and regulations will be adopted and will require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall specify exposure limits on the basis of these criteria (paragraph 1); that in the elaboration of the criteria and the determination of the exposure limits the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned (paragraph 2); and that the criteria and exposure limits will be supplemented and revised regularly, in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace (paragraph 3). The Committee asks the Government to provide information in its next report on any developments in this respect.

Article 11, paragraph 3. Alternative employment or other measures offered for maintaining the income of transferred workers. The Committee notes that the Government has not responded to its previous comment with respect to this Article. The Committee notes that sections 71 and 72 of the Occupational Health and Safety Act, 2003, stipulate that no employer shall cause his employees to carry out work that is not adapted to their physical and cognitive capabilities and limitations. The Committee requests the Government to indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s reports and the adoption of the Occupational Health and Safety Act (No. 5), 2003. The Committee notes with interest that the Occupational Health and Safety Act, 2003 gives effect to Article 7, paragraph 2, Article 10, Article 11, paragraphs 1 and 2, Article 12, Article 13, Article 15 of the Convention.

2. The Committee also notes that issues regarding the Convention would be addressed in the forthcoming Labour Law Reform Phase Two and in particular in rules and regulations that would be made under the Occupational Health and Safety Act, 2003. The Committee requests the Government to keep it informed in this regard.

3. Article 4, paragraph 1. The Committee notes that, in accordance with section 108 of the Occupational Health and Safety Act, the Factories Ordinance was repealed and that regulations, rules and orders which were in force prior to the commencement of this Act shall be deemed to have been made under it. Referring to its previous comments related to the Government’s intention to emend the Factories (Supervision and Safety) Rules, 1943, the Committee expresses its hope that an amended version of the text in question will give full effect to the Convention with regard to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee asks the Government to keep it informed of any developments in this respect and to provide a copy of the new text as soon as it has been adopted.

4. Article 4, paragraph 2. The Committee notes that no information has been provided on the measures taken with a view to ensure the practical implementation of the legal requirements for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee hopes that the Government will adopt the necessary measures to ensure the practical implementation of this provision of the Convention and that the Government will inform the Committee, in its next report, on the progress achieved in this regard.

5. Article 8. The Committee notes that in accordance with section 61, subsection (2), of the Occupational Health and Safety Act, 2003 the Minister may make rules and regulations prescribing standards for the emission level in respect of dusts or fumes or other impurities of such a character. The Committee hopes that such rules/regulations will be adopted and will require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall specify exposure limits on the basis of these criteria (paragraph 1); that in the elaboration of the criteria and the determination of the exposure limits the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned (paragraph 2); that the criteria and exposure limits will be supplemented and revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace (paragraph 3).

6. Article 11, paragraph 3. The Committee notes that sections 71 and 72 of the Occupational Health and Safety Act, 2003 stipulate that no employer shall cause his employees to carry out work that is not adapted to their physical and cognitive capabilities and limitations. The Committee requests the Government to indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain his or her income through social security measures.

Article 12. The Committee notes the procedure of registration of factories or workplaces, established in Part III of the Occupational Health and Safety Act, 2003, under which the Chief Inspector, as the competent authority, may control the premises and, in the case of satisfaction that they are suitable for use, may grant (or refuse) to issue a certificate of registration, accordingly to sections 17, subsection (2), and 19 of the abovementioned instrument.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret 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 supplied in the Government’s report (supplementary) concerning the application of the Convention in Zanzibar. The Committee notes in particular the information concerning the application of Article 9 of the Convention.

1.  The Government is requested to supply any additional information on the following points.

  Article 4, paragraph 1.  The Committee notes that sections 14 and 16 of the Factories (Supervision and Safety) Rules, 1943, prescribe measures to be taken for the prevention and control of occupational hazards in the working environment due to air pollution. The Committee also notes that the Government is in the process of emending this instrument. The Committee hopes that an emended version of the text in question will give full effect to the Convention with regard to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee asks the Government to keep it informed of any developments in this respect and to provide a copy of the new text as soon as it has been adopted.

  Article 4, paragraph 2.  The Committee had noted, from the Government’s report for the period ending 30 June 1990, that provisions concerning the practical implementation of the Convention might be adopted through government circulars published in the official Government Gazette. While no new information has been provided in the latest Government’s report in this respect, the Government is requested to indicate the measures taken with a view to ensure the practical implementation of the legal requirements for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution.

  Article 5, paragraphs 1, 2 and 3.  The Government is requested to indicate the measures taken or contemplated to ensure the collaboration, as close as possible, at all levels between employers and workers in the application of the measures prescribed in pursuance of the Convention (paragraph 3). Noting the absence of the employers’ association concerned in Zanzibar (such an association needs to be consulted in giving effect to the provisions of the Convention accordingly to paragraph 1), the Committee asks the Government to report on developments regarding its setting up in the future.

  Article 5, paragraph 4.  The Government is requested to provide information on the measures taken to ensure that workers’ and employers’ representatives have the opportunity to accompany inspectors supervising the application on the measures prescribed in pursuance of the Convention.

  Article 6, paragraph 2.  The Committee notes from the Government’s latest report that regulations laid down by the factories inspectorate entailing general procedures for the collaboration between two or more employers undertaking activities at one workplace have not yet been approved by the competent authority. The Committee hopes that the mentioned regulations will be approved in the near  future and asks the Government to provide a copy of their texts as soon as they have been adopted.

  Article 7, paragraph 2, and Article 13.  The Government is requested to indicate the manner in which the persons concerned are instructed on the measures available for the prevention and control of, and protection against, occupational hazards specified in these Articles, and to provide information on any progress in respect of training given for workers.

  Article 8, paragraphs 1, 2 and 3.  The Committee takes note of the Government’s indication concerning new proposals made in order to emend the Factories (Supervision and Safety) Rules, 1943, containing mention of international exposure limits with which employers are obliged to comply with. The Committee recalls that the provisions of paragraphs 1 and 3 of the Convention require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall be supplemented and revised regularly in the light of current national and international knowledge and data. The Government is requested to indicate the measures taken or envisaged to establish, supplement and regularly revise criteria in question. The Government is also requested to indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of these criteria (paragraph 2).

  Article 10.  The Committee notes from the Government’s report that the Labour Regulations concerning private companies, enterprises and corporations of 1987 have been repealed by the Labour Regulations of 1991, of which section 35 provides for employers to provide suitable personal protective equipment for employees. The Government is requested to send a copy of this text.

  Article 11, paragraphs 1, 2 and 3.  The Government is requested to indicate the manner in which it is ensured that all categories of workers exposed to hazards due to air pollution are subject to pre-placement medical examinations as well as to periodical examinations, specifying in particular their nature and frequency, and that they are free of cost to the workers (paragraphs 1 and 2). The Government is also requested to indicate the measures taken to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain his or her income through social security measures (paragraph 3).

  Article 12.  The Committee notes that no information has been provided in the latest Government’s report about regulations which were being drafted by the factories inspectorate in order to cover general conditions of the working environment. The Committee expresses once again the hope that these regulations will be approved in the near future and that they will indicate the processes, substances, machinery and equipment, the use of which must be notified to the competent authority. The Government is requested to indicate any progress made in this respect.

  Article 15.  The Committee notes from the Government’s report that the employer is obliged to appoint a safety officer to deal with general occupational hazards. The Government is requested to indicate the provision establishing the obligation of the employer to appoint a safety officer and to send a copy of its text.

2.  The Committee would be grateful if the Government would provide information on the practical implementation of the Convention, such as relevant extracts from inspection reports, any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported (Part IV of the report form).

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:

The Committee notes the information supplied in the Government's report (supplementary) concerning the application of the Convention in Zanzibar. The Committee notes in particular the information concerning the application of Article 9 of the Convention.

1. The Government is requested to supply any additional information on the following points.

Article 4, paragraph 1. The Committee notes that sections 14 and 16 of the Factories (Supervision and Safety) Rules, 1943, prescribe measures to be taken for the prevention and control of occupational hazards in the working environment due to air pollution. The Committee also notes that the Government is in the process of emending this instrument. The Committee hopes that an emended version of the text in question will give full effect to the Convention with regard to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee asks the Government to keep it informed of any developments in this respect and to provide a copy of the new text as soon as it has been adopted.

Article 4, paragraph 2. The Committee had noted, from the Government's report for the period ending 30 June 1990, that provisions concerning the practical implementation of the Convention might be adopted through government circulars published in the official Government Gazette. While no new information has been provided in the latest Government's report in this respect, the Government is requested to indicate the measures taken with a view to ensure the practical implementation of the legal requirements for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution.

Article 5, paragraphs 1, 2 and 3. The Government is requested to indicate the measures taken or contemplated to ensure the collaboration, as close as possible, at all levels between employers and workers in the application of the measures prescribed in pursuance of the Convention (paragraph 3). Noting the absence of the employers' association concerned in Zanzibar (such an association needs to be consulted in giving effect to the provisions of the Convention accordingly to paragraph 1), the Committee asks the Government to report on developments regarding its setting up in the future.

Article 5, paragraph 4. The Government is requested to provide information on the measures taken to ensure that workers' and employers' representatives have the opportunity to accompany inspectors supervising the application on the measures prescribed in pursuance of the Convention.

Article 6, paragraph 2. The Committee notes from the Government's latest report that regulations laid down by the factories inspectorate entailing general procedures for the collaboration between two or more employers undertaking activities at one workplace have not yet been approved by the competent authority. The Committee hopes that the mentioned regulations will be approved in the near future and asks the Government to provide a copy of their texts as soon as they have been adopted.

Article 7, paragraph 2, and Article 13. The Government is requested to indicate the manner in which the persons concerned are instructed on the measures available for the prevention and control of, and protection against, occupational hazards specified in these Articles, and to provide information on any progress in respect of training given for workers.

Article 8, paragraphs 1, 2 and 3. The Committee takes note of the Government's indication concerning new proposals made in order to emend the Factories (Supervision and Safety) Rules, 1943, containing mention of international exposure limits with which employers are obliged to comply with. The Committee recalls that the provisions of paragraphs 1 and 3 of the Convention require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall be supplemented and revised regularly in the light of current national and international knowledge and data. The Government is requested to indicate the measures taken or envisaged to establish, supplement and regularly revise criteria in question. The Government is also requested to indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of these criteria (paragraph 2).

Article 10. The Committee notes from the Government's report that the Labour Regulations concerning private companies, enterprises and corporations of 1987 have been repealed by the Labour Regulations of 1991, of which section 35 provides for employers to provide suitable personal protective equipment for employees. The Government is requested to send a copy of this text.

Article 11, paragraphs 1, 2 and 3. The Government is requested to indicate the manner in which it is ensured that all categories of workers exposed to hazards due to air pollution are subject to pre-placement medical examinations as well as to periodical examinations, specifying in particular their nature and frequency, and that they are free of cost to the workers (paragraphs 1 and 2). The Government is also requested to indicate the measures taken to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain his or her income through social security measures (paragraph 3).

Article 12. The Committee notes that no information has been provided in the latest Government's report about regulations which were being drafted by the factories inspectorate in order to cover general conditions of the working environment. The Committee expresses once again the hope that these regulations will be approved in the near future and that they will indicate the processes, substances, machinery and equipment, the use of which must be notified to the competent authority. The Government is requested to indicate any progress made in this respect.

Article 15. The Committee notes from the Government's report that the employer is obliged to appoint a safety officer to deal with general occupational hazards. The Government is requested to indicate the provision establishing the obligation of the employer to appoint a safety officer and to send a copy of its text.

2. The Committee would be grateful if the Government would provide information on the practical implementation of the Convention, such as relevant extracts from inspection reports, any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported (Part IV of the report form).

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

The Committee notes the information supplied in the Government's report (supplementary) concerning the application of the Convention in Zanzibar. The Committee notes in particular the information concerning the application of Article 9 of the Convention.

1. The Government is requested to supply any additional information on the following points.

Article 4, paragraph 1. The Committee notes that sections 14 and 16 of the Factories (Supervision and Safety) Rules, 1943, prescribe measures to be taken for the prevention and control of occupational hazards in the working environment due to air pollution. The Committee also notes that the Government is in the process of emending this instrument. The Committee hopes that an emended version of the text in question will give full effect to the Convention with regard to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee asks the Government to keep it informed of any developments in this respect and to provide a copy of the new text as soon as it has been adopted.

Article 4, paragraph 2. The Committee had noted, from the Government's report for the period ending 30 June 1990, that provisions concerning the practical implementation of the Convention might be adopted through government circulars published in the official Government Gazette. While no new information has been provided in the latest Government's report in this respect, the Government is requested to indicate the measures taken with a view to ensure the practical implementation of the legal requirements for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution.

Article 5, paragraphs 1, 2 and 3. The Government is requested to indicate the measures taken or contemplated to ensure the collaboration, as close as possible, at all levels between employers and workers in the application of the measures prescribed in pursuance of the Convention (paragraph 3). Noting the absence of the employers' association concerned in Zanzibar (such an association needs to be consulted in giving effect to the provisions of the Convention accordingly to paragraph 1), the Committee asks the Government to report on developments regarding its setting up in the future.

Article 5, paragraph 4. The Government is requested to provide information on the measures taken to ensure that workers' and employers' representatives have the opportunity to accompany inspectors supervising the application on the measures prescribed in pursuance of the Convention.

Article 6, paragraph 2. The Committee notes from the Government's latest report that regulations laid down by the factories inspectorate entailing general procedures for the collaboration between two or more employers undertaking activities at one workplace have not yet been approved by the competent authority. The Committee hopes that the mentioned regulations will be approved in the near future and asks the Government to provide a copy of their texts as soon as they have been adopted.

Article 7, paragraph 2, and Article 13. The Government is requested to indicate the manner in which the persons concerned are instructed on the measures available for the prevention and control of, and protection against, occupational hazards specified in these Articles, and to provide information on any progress in respect of training given for workers.

Article 8, paragraphs 1, 2 and 3. The Committee takes note of the Government's indication concerning new proposals made in order to emend the Factories (Supervision and Safety) Rules, 1943, containing mention of international exposure limits with which employers are obliged to comply with. The Committee recalls that the provisions of paragraphs 1 and 3 of the Convention require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall be supplemented and revised regularly in the light of current national and international knowledge and data. The Government is requested to indicate the measures taken or envisaged to establish, supplement and regularly revise criteria in question. The Government is also requested to indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned is taken into account in the elaboration of these criteria (paragraph 2).

Article 10. The Committee notes from the Government's report that the Labour Regulations concerning private companies, enterprises and corporations of 1987 have been repealed by the Labour Regulations of 1991, of which section 35 provides for employers to provide suitable personal protective equipment for employees. The Government is requested to send a copy of this text.

Article 11, paragraphs 1, 2 and 3. The Government is requested to indicate the manner in which it is ensured that all categories of workers exposed to hazards due to air pollution are subject to pre-placement medical examinations as well as to periodical examinations, specifying in particular their nature and frequency, and that they are free of cost to the workers (paragraphs 1 and 2). The Government is also requested to indicate the measures taken to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain his or her income through social security measures (paragraph 3).

Article 12. The Committee notes that no information has been provided in the latest Government's report about regulations which were being drafted by the factories inspectorate in order to cover general conditions of the working environment. The Committee expresses once again the hope that these regulations will be approved in the near future and that they will indicate the processes, substances, machinery and equipment, the use of which must be notified to the competent authority. The Government is requested to indicate any progress made in this respect.

Article 15. The Committee notes from the Government's report that the employer is obliged to appoint a safety officer to deal with general occupational hazards. The Government is requested to indicate the provision establishing the obligation of the employer to appoint a safety officer and to send a copy of its text.

2. The Committee would be grateful if the Government would provide information on the practical implementation of the Convention, such as relevant extracts from inspection reports, any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported (point IV of the report form).

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

1. The Committee notes the reasons given in the Government's latest report concerning its choice to accept the obligations of the Convention only in respect of air pollution. The Government has further stated that the draft Industrial Hygiene Bill, which is in its final stages, prescribes rules concerning noise and vibration. The Government is requested to keep the Office informed in subsequent reports of any progress made in the adoption of this Bill, as well as any other changes in the law and practice in respect of hazards due to noise and vibration and to specify the extent to which effect is proposed to be given to the Convention in respect of these hazards, as called for under Article 2, paragraph 2, of the Convention.

2. Tanganyika. The Committee notes the information provided in the Government's report in reply to its previous comments with respect to the mainland. It further notes from the Government's report that the proposed occupational safety and health legislation, which has been discussed by the Labour Advisory Board and is to be reviewed by the competent authority prior to being placed before the Parliament, covers most branches of economic activity, in accordance with Article 1 of the Convention. The Committee requests the Government to communicate a copy of this new legislation to the Office as soon as it is adopted and hopes that it will take into consideration its comments on the following points:

Article 5, paragraph 4. The Committee notes the Government's indication that, under section 9(2)(a)(iv) of the 1955 Employment Ordinance, an employer may be required to produce an employee to accompany an inspector during a visit. The Committee would point out, however, that this paragraph of the Convention provides that workers' representatives shall have the opportunity to accompany inspectors supervising the application of the prescribed measures, unless the inspectors consider that this may be prejudicial to the performance of their duties. This opportunity to accompany inspectors should not be linked to an inspector's requirement that a worker be present, but rather a general provision permitting workers to be present unless the inspector considers this to be prejudicial. The Government is therefore requested to indicate the measures envisaged to ensure that workers have such an opportunity to accompany inspectors during their visits.

Article 6, paragraph 2. As the Government has not replied to the Committee's previous comments concerning this provision of the Convention, it is once again requested 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 his or her employees' health and safety.

Article 7, paragraph 2, and Article 13. The Committee notes the indication in the Government's report that, while the provision of information to workers on occupational hazards at the workplace largely depends upon the employer, no specific instructions exist concerning the measures available for the prevention and control of, and protection against, hazards due to air pollution. The Government is requested to indicate the measures envisaged to ensure that workers, in practice, are adequately and suitably informed of the potential occupational hazards due to air pollution.

Article 8. As the Government has indicated that no change has occurred concerning the application of this Article, it is requested to keep the Office informed of any progress made in establishing criteria for determining the hazards of exposure to air pollution as well as any exposure limits set on the basis of these criteria.

Article 9. The Government is requested to indicate the steps envisaged to adopt technical measures respecting new plant or processes being designed or installed in order to eliminate, as far as possible, any hazard due to air pollution at the workplace.

Article 11, paragraphs 1, 2 and 3. The Committee notes the indication in the Government's report according to which workers are provided with pre-assignment and periodical medical examinations free of cost. The Government is requested to indicate the nature and frequency with which such examinations are provided to workers exposed to air pollution. Furthermore, the Government has indicated that, in practice, workers are provided with alternative employment when it is medically inadvisable for them to continue to be assigned to work involving exposure to air pollution. The Government is requested to keep the Office informed of any steps taken to ensure that such workers are provided with suitable alternative employment or other means of maintaining their income.

Article 12. National regulations should lay down the obligation to notify the competent authority of any use in the workplace of processes, substances, machinery and equipment, determined by the competent authority, which involve exposure to occupational hazards due to air pollution, and should empower the competent authority to authorize or prohibit this use.

3. Zanzibar. The Committee notes that the Government's report does not reply to its previous comments concerning Zanzibar. It hopes that the Government's next report will contain full details concerning the application in Zanzibar of Article 4, Article 5, Article 6, paragraph 2, Article 7, paragraph 2, Article 8, Article 9, Article 10, Article 11, paragraphs 1, 2 and 3, Article 12, Article 13 and Article 15 of the Convention.

4. The Committee notes from the Government's report that statistics on the number of workers covered by the relevant legislation and the number and nature of contraventions reported are not readily available, but that they shall be provided with the next report. The Government is requested to provide the Office with any statistics relevant to the practical application of the Convention, as well as any relevant extracts from inspection reports, with its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

I. The Committee notes the information provided by the Government concerning the application of the Convention in Zanzibar. It notes, however, that the Government's report does not reply to the previous comments made by the Committee which were based on information provided by the Government in its first and second reports concerning the application of the Convention in the Mainland. In this regard, the Committee once again requests the Government to specify the reasons for which, when ratifying the Convention, it had only accepted the obligations in respect of occupational hazards due to air pollution, as under Article 2, paragraph 2, of the Convention this information is to be provided with the first report. The Government is also requested to supply information in its next report on the position of the law and practice in respect of hazards due to noise and vibration and to specify the extent to which it is proposed to give effect to the Convention in respect of these hazards.

II. Tanganyika

1. The Committee hopes that the Government's next report will contain full information on the following matters which were raised in its previous direct request.

2. The Committee noted the Government's statement in its first and second reports that legislation to complete the Factories Ordinance Cap. 297 of 1950 was then being formulated. The Committee hopes that this legislation will be adopted in the near future and that the provisions will be designed to give full effect to the Convention, particularly with regard to the following points:

Article 1 of the Convention. The safety measures laid down and the national legislation adopted in pursuance of the Convention should cover all branches of economic activity; the exclusion of any particular branch can only be determined after consultations with the most representative organisations of employers and workers. (Section 5 the Factories Ordinance excludes mining, shipping, fishing and agriculture from the scope of its application.)

Article 5, paragraph 4. The national legislation should, in accordance with the Convention, provide for the representatives of workers in the enterprise to have the opportunity of accompanying inspectors supervising the application of the prescribed measures. (The 1955 Employment Ordinance only gives this opportunity to employers.)

Article 6, paragraph 2. Provisions should be adopted 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 employees.

Article 11, paragraphs 1 to 3. National regulations should provide, in the case of workers who are exposed or liable to be exposed to occupational hazards due to air pollution, for a preassignment medical examination and periodical examinations during employment; this medical supervision must be free of cost to the worker concerned. Furthermore, provisions should be adopted in order to protect workers whose continued assignment to work is found to be medically inadvisable, either by providing them with alternative employment, or arranging for them to receive social security benefits, in accordance with paragraph 3 of this Article.

Article 12. National regulations should lay down the obligation to notify the competent authority of any use in the workplace of processes, substances, machinery and equipment which involve exposure to occupational hazards due to air pollution, and should empower the competent authority to authorise or prohibit this use. (The Factories Ordinance only makes notification compulsory for enterprises using steam-driven machinery and boilers.)

The Government is requested to indicate, in its next report, the measures taken to give effect to these provisions.

3. The Committee also requested the Government to supply additional information on the following points:

Article 4, paragraph 2. The Government indicated in its report for the period ending October 1987 that the technical standards for the application of the prescribed measures would be established after occupational health and safety regulations have been adopted. The Committee hopes that these application procedures will be established in the near future and that the next report will indicate the progress achieved in this respect. The Government is also requested to provide a copy of the occupational health and safety regulations as soon as they are adopted. (For the determination of technical standards the Government could consult the ILO Code of Practice on "Occupational Exposure to Airborne Substances Harmful to Health" (1980), and other ILO publications on this subject.)

Article 5, paragraphs 1 to 3. The Government indicated in its previous reports that the laws and regulations formulated were communicated to the most representative organisations of employers and workers. The Government is requested to indicate whether consultations with the above organisations also took place during the formulation of this legislation and whether provision was made for collaboration between employers and workers at all levels in the application of the safety measures, as laid down in the Convention.

Article 7, paragraph 2, and Article 13. The Committee had noted from the reports that workers may present proposals on safety measures to the Minister of Labour through the inspector of factories. It also noted that they may receive certain information through the general manager of the workplace or through labour inspectors. The Committee requests the Government to indicate in its next report: (a) the extent to which and the manner in which the persons concerned are informed of potential occupational hazards in the working environment due to air pollution; (b) the specific instructions given to them on the measures available for the prevention and control of, and protection against, those hazards and the frequency with which these instructions are given; and (c) the type of training given to these workers.

Article 8. The Government's previous reports did not contain information on the criteria established for determining the hazards of exposure to air pollution, although they indicated that the proposed exposure limits are those recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) and the Occupational Safety and Health Administration (OSHA). The Government also indicated that up to the present it had not been possible to revise the exposure limits applicable in the country due to a lack of appropriate instruments and technical knowledge.

The Committee has noted these indications and hopes that the Government will make every effort to establish criteria for determining the above occupational hazards, with the assistance of technically competent persons (some of whom should be designated by the occupational organisations concerned) and that it will also be able to revise and complete these criteria and exposure limits on the basis of new national and international data.

Article 9. The Government is requested to indicate whether appropriate technical measures are adopted respecting new plant or processes being designed or installed in order to eliminate, as far as possible, any hazard due to air pollution at the workplace.

III. Zanzibar

1. The Committee notes from the Government's report concerning the application of the Convention in Zanzibar that provisions concerning the practical implementation of the Convention may be adopted through Government circulars or the official government gazette. The Committee recalls that, under Article 4 of the Convention, national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of the measures may be prescribed through technical standards, codes of practice and other appropriate methods. It notes from the Government's report that no regulations have yet been adopted to give effect to the Convention. The Government is requested to provide information on the measures taken or envisaged to prescribe measures for the prevention and control of, and protect against, occupational hazards due to air pollution.

2. Article 5, paragraphs 1, 2 and 3. The Committee recalls that this Article provides that the competent authority shall act in consultation with the most representative organisations of workers and employers in giving effect to the provisions of this Convention and that representatives of employers and workers shall be associated with the elaboration of provisions concerning the practical implementation of the measures prescribed to ensure the prevention and control of, and protection against, occupational hazards due to air pollution. The Committee notes from the Government's report that there is no representative employers' organisation and that, consequently, there is no consultation between the workers and the representative employers' association concerning the practical implementation of the measures. It would point out that paragraph 2 of Article 5, concerning association in the elaboration of implementing provisions, only refers to representatives of employers and workers, not necessarily their organisations. The Government is requested to indicate the measures taken to associate representatives of employers and workers with the elaboration of provisions through technical standards, codes of practice and other methods to give effect to the Convention (paragraph 2). The Government is also requested to indicate the measures taken to ensure close collaboration between employers and workers in the application of the measures prescribed in pursuance of the Convention (paragraph 3), and to report on any future developments regarding the setting up of employers' organisations (paragraph 1).

3. Article 5, paragraph 4. The Committee notes from the Government's report that an inspector may require workers' representatives to accompany him or her during the course of supervising the application of the prescribed measures. The Committee recalls that this provision of the Convention requires that workers' and employers' representatives shall have the opportunity to accompany inspectors, unless the inspector considers, in the light of general instructions, that this may be prejudicial to the performance of his or her duties. The Government is requested to provide information on the measures taken to ensure that workers' or employers' representatives have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

4. Article 6, paragraph 2. The Committee notes the indication in the Government's report that regulations laid down by the factories inspectorate entail general procedures for the collaboration between two or more employers undertaking activities simultaneously at one workplace. The Government is requested to provide a copy of these regulations with its next report.

5. Article 7, paragraph 2, and Article 13. The Committee notes from the Government's report that workers or their representatives can present proposals and obtain information and training from the management of the undertaking. It further notes that workers may appeal to the factories inspectorate to ensure the protection prescribed by the Convention. The Government is requested to indicate: (a) the extent to which and the manner in which the persons concerned are informed of potential occupational hazards in the working environment due to air pollution; (b) the specific instructions given to them on the measures available for the prevention and control of, and protection against, those hazards and the frequency with which these instructions are given; and (c) the type of training given to these workers.

6. Article 8, paragraphs 1, 2 and 3. The Committee notes from the Government's report that no legally enforceable exposure limits have been established yet, but that the competent authorities publish when necessary lists of advisory exposure limits based on those recommended by the International Standards Organisation. The Government is requested to provide further information on the specific standards which have been published by the competent authorities as concerns air pollution and to indicate whether these standards appear as recommendations to be taken into consideration at the workplace or whether the employer is obliged to comply with them. The Government is also requested to indicate the measures taken or envisaged to establish, supplement and regularly revise criteria (taking into account the opinion of competent persons designated by the most representative organisations of employers and workers concerned, current national and international knowledge and data, and any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace) for determining the hazards of exposure to air pollution.

7. Article 9. The Committee notes from the Government's report that every person who constructs a factory shall before commencing construction, apply for a factory permit and include detailed information concerning site and location plans and the proposed layout of machinery. The Committee recalls that this Article of the Convention calls for technical measures concerning the design or installation of plants or processes and supplementary organisational measures which shall keep the working environment free, as far as possible, from any hazards due to air pollution. The Government is requested to indicate whether any such technical or supplementary organisational measures exist or are envisaged for any workplaces where potential hazards due to to air pollution exist.

8. Article 10. The Committee notes that section XIV(b) of the Labour Regulations concerning Private Companies, Enterprises and Corporations of 1987 provides that protective equipment shall be furnished to all workers who have the right to such equipment. The Government is requested to indicate the measures taken to ensure that all employees working in an environment where exposure limits to air pollution are exceeded have the right to be provided with suitable personal protective equipment.

9. Article 11, paragraphs 1, 2 and 3. The Committee notes from the Government's report that workers are to be provided with pre-placement, periodic and special medical examinations. The Committee requests the Government to indicate the manner in which it is ensured that all workers exposed to hazards due to air pollution are subject to these medical examinations and that they are free of cost to the worker. The Government is also requested to indicate the measures taken to ensure that every effort is made to provide a worker whose continued assignment to work involving exposure to air pollution is medically inadvisable with suitable alternative employment or to maintain his or her income through social securtiy measures.

10. Article 12. The Committee notes from the Government's report that the particulars of the processes, substances, machinery and equipment which must be notified have not been explicitly identified, but that regulations are presently being drafted by the factories inspectorate to cover general conditions of the working environment. The Committee hopes that these regulations will be drafted in the near future and that they will indicate the processes, substances, machinery and equipment, the use of which must be notified to the competent authority.

11. Article 15. The Committee notes from the Government's report that every employer has to appoint at least one of his or her employees to deal with the safety and health of the workers or must form a committee on health and safety which will enable the employee to co-operate effectively in promoting and developing measures to ensure safety and health at the workplace. The Government is requested to indicate the conditions and circumstances determined by the competent authority when the employer is required to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution in the working environment.

IV. The Government is requested to continue to provide information on the practical implementation of this Convention, such as relevant extracts from inspection service reports, any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported.

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

The Committee notes that no report has been received from the Government. 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 following matters which were raised in its previous direct request:

1. The Committee took note of the Government's first and second reports and noted with interest its statement to the effect that legislation to complete the Factories Ordinance Cap. 297 of 1950 was then being formulated. The Committee hopes that this legislation will be formulated and adopted in the near future and that the provisions will be designed to give full effect to the Convention, particularly with regard to the following points:

Article 1 of the Convention. The safety measures laid down by the Convention and the national legislation should cover all branches of economic activity; the exclusion of any particular branch is to be decided upon after consultations with the most representative organisations of employers and workers. (The Factories Ordinance does not cover all branches of activity.)

Article 5, paragraph 4. The national legislation should, in accordance with the Convention, provide for the representatives of workers in the enterprise to have the opportunity of accompanying inspectors supervising the application of the prescribed measures. (The 1955 Employment Ordinance only gives this opportunity to employers.)

Article 6, paragraph 2. Provisions should be adopted that lay down, in accordance with the Convention, 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 employees.

Article 11, paragraphs 1 to 3. National regulations should provide, in the case of workers who are exposed or liable to be exposed to occupational hazards due to air pollution, for a preassignment medical examination and periodical examinations during employment; this medical supervision must be free of cost to the worker concerned. Furthermore, provisions should be adopted in order to protect workers whose continued assignment to work is found to be medically inadvisable, either by providing them with alternative employment, or arranging for them to receive social security benefits, in accordance with paragraph 3 of this Article.

Article 12. National regulations should lay down the obligation to notify the competent authority of the use in the workplace concerned of all processes, substances, machinery and equipment which involve exposure to occupational hazards due to air pollution, and empowering the authority to authorise the use referred to above or prohibit it. (The Factories Ordinance only makes notification compulsory for enterprises using steam-driven machinery and boilers.)

2. The Committee also requests the Government to supply additional information on the following points in its next report.

Article 2, paragraph 2. The Government is requested to specify the reasons for which, when ratifying the Convention, it only accepted the obligations in respect of occupational hazards due to air pollution and to supply information on the position of the law and practice in respect of hazards due to noise and vibration and specify, in particular, the extent to which it is proposed to give effect to the Convention regarding the latter hazards.

Article 4, paragraph 2. The Government indicated in its report for the period ending October 1987 that the technical standards for the application of the prescribed measures would be established after occupational health and safety regulations have been adopted. The Committee hopes that these application procedures will be established in the near future and that the next report will indicate the progress achieved in this respect. (For the determination of technical standards the Government could consult the ILO Code of Practice on "Occupational Exposure to Airborne Substances Harmful to Health" (1980), and other ILO publications on this subject.)

Article 5, paragraphs 1 to 3. The Government indicated in its previous reports that the laws and regulations formulated were communicated to the most representative organisations of employers and workers. The Government is requested to indicate whether consultations with the above organisations also took place during the formulation of this legislation and whether provision was made for collaboration between employers and workers at all levels in the application of the safety measures, as laid down in the Convention.

Article 7, paragraph 2, and Article 13. The Committee has noted from the reports that workers may present proposals on safety measures to the Minister of Labour through the inspector of factories. It also noted that they may receive certain information through the general manager of the workplace or through labour inspectors. The Committee requests the Government to indicate in its next report: (a) the extent to which and the manner in which the persons concerned are informed of potential occupational hazards in the working environment due to air pollution; (b) the specific instructions given to them on the measures available for the prevention and control of, and protection against, those hazards and the frequency with which these instructions are given; and (c) the type of vocational training given to these workers.

Article 8. The Government's previous reports did not contain information on the criteria established for determining the hazards of exposure to air pollution, although they indicated that the proposed exposure limits are those recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) and the Occupational Safety and Health Administration (OSHA). The Government also indicated that up to the present it had not been possible to revise the exposure limits applicable in the country due to a lack of appropriate instruments and technical knowledge.

The Committee has noted these indications and hopes that the Government will make every effort to establish criteria for determining the above occupational hazards, with the assistance of technically competent persons (some of whom should be designated by the occupational organisations concerned) and that it will also be able to revise and complete these criteria and limits on the basis of new national and international data. In this connection, the Government could also consult the ILO publication entitled "Occupational Exposure Limits for Airborne Toxic Substances" (2nd revised edition - Occupational Safety and Health Series, No. 37, 1980).

Article 9. The Government is requested to indicate whether appropriate technical measures are adopted respecting new plant or processes being designed or installed in order to eliminate, as far as possible, any hazard due to air pollution at the workplace, as provided for in the Convention.