Occupational Safety and Health Convention, 1981 (No. 155) - Ethiopia (Ratification: 1991)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(3) and 2(3) of the Convention. Excluded branches and categories of workers. The Committee notes that pursuant to section 3(2) of the Labour Proclamation, 2019, the Proclamation is not applicable to: (i) contracts for the purpose of upbringing, treatment, care or rehabilitation; (ii) contracts for the purpose of educating or training other than apprentice; (iii) where the employee is a managerial employee; (iv) contracts of personal service; (v) contracts relating to persons such as members of the Armed Force, members of the Police Force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws; and (vi) contracts relating to a person who performs an act, for consideration, at his own business or professional responsibility. The Committee observes that these categories were also excluded in the 1993 and 2014 Labour Proclamations, and were noted in the Government’s first report on the application of the Convention. The Committee requests the Government to provide information on the measures taken to give adequate safety and health protection to workers excluded from the Labour Proclamation’s scope of application, and to provide information on any progress towards wider application of OSH protection to those workers.

Article 4. Formulation, implementation and review of a coherent national policy on occupational safety and health (OSH).Following its previous comments concerning the implementation and review of the national OSH policy (adopted in 2014), the Committee notes the Government’s indication that a national tripartite council to review the national OSH situation was established in 2016. The Government indicates that, following an assessment of that council’s functioning, a tripartite OSH council will be integrated into the newly restructured National Labour Advisory Board as a specialized committee. With respect to the implementation of the national OSH policy, the Government indicates that it has: (i) facilitated the implementation of OSH management systems (in line with the Guidelines on occupational safety and health management systems, ILO-OSH 2001), in 15650 enterprises (2020-2021); (ii) developed an OSH policy framework for the construction, agricultural, mining and manufacturing (garment and textiles) sectors in cooperation with sectoral partners; (iii) implemented a national campaign to building an OSH culture through awareness raising and capacity building activities for employers, workers, trade unions and labour inspectors; (iv) strengthened the institutional capacity of inspectorates on OSH at both the federal and regional levels; and (v) developed a system for integrating private sector participation into preventive and advisory OSH services. The Committee requests the Government to continue to provide information on the measures taken to implement the national OSH policy. It also requests the Government to provide information on the functioning of the tripartite OSH council within the National Labour Advisory Board, including its composition and the issues under its consideration, including the review of the national OSH situation.

Article 11(b). Functions to be carried out progressively : the determination of work processes and of substances and agents, exposure to which is to be controlled by the competent authority. Following its previous request on measures to give effect to Article 11(b), the Committee notes the Government’s indication that special work activities are checked regularly using labour inspection technical checklist (adopted in 2017), such as working at heights using wooden scaffolding, chemical spraying in agricultural farms and horticulture greenhouses, exposure to radiation, heavy manual handling practices, electrical works, underground operations and use of extremely hazardous substances like asbestos. The Government further indicates that the prohibition and limitation of use of dangerous substances, agents or work process can be ordered by the labour inspection and OSH services. Noting the Government’s reference to special work activities, the Committee requests the Government to provide further information on the manner in which it determines which work processes, substances and agents are prohibited, limited or made subject to authorisation, and to provide further information on existing prohibitions and limitations prescribed.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the Government’s reply to its previous request that information on occupational accidents and diseases is reported and compiled in an annual labour market information bulletin. The Committee also notes the information in the 2021 Labour and Migration Survey, published by the Ethiopian Statistics Service, on the number of occupational accidents, disaggregated by sex, region, and type of injury, as well as on the use of personal protective equipment. The Committee requests the Government to transmit, with its next report, the annual labour market information bulletin and any other publications on the number of occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and to have recourse to external technical advisers. The Committee notes the Government’s reference, in reply to its previous request, to section 92 of the Labour Proclamation 2019, which provides that employers have an obligation to establish an occupational health and safety committee (section 92(2)). It further notes that section 60 of the OSH Directive of 2008 provides that an employer shall ensure that an occupational safety and health committee is established in all workplaces where ten and more workers are employed. The Committee once again requests the Government to provide information on the manner in which it is ensured that workers or their representatives or representative organizations in an undertaking are enabled to inquire into and are consulted by the employer on all aspects of OSH associated with their work.

Article 21. OSH measures at no cost to the workers. The Committees notes that section 12 of the Labour Proclamation of 2019 provides that employers shall pay the cost of medical examinations of the worker whenever such medical examinations are required by law or the appropriate authority. It further notes that sections 199 (b)(iv) and 201 of the 2008 OSH Directive requires the provision of personal protective equipment and clothing, at no cost to the worker. The Committee requests the Government to provide further information on the manner in which it is ensured that all OSH measures, including the provision of OSH training, do not involve any expenditure for the workers.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 13 and 19(f) of the Convention. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. The Committee previously noted that section 93 of the Labour Proclamation provided an obligation for workers to report to the employer any situation which they have reason to believe could present a hazard, but that the legislation did not refer to the protection of workers who had removed themselves from such danger.

The Committee welcomes the Government’s indication, in response to the Committee’s request, that it will examine section 93 in the future with a view to its amendment. Noting the ongoing process to revise the national OSH legislative framework, the Committee urgesthe Government to take the necessary measures to ensure that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, are protected from undue consequences and cannot be required to return to a work situation where there is a continuing imminent and serious danger to life or health.

Article 17. Collaboration between two or more employers at the same workplace.The Committee notes the Government’s indication, in reply to its previous request concerning the absence of legislative provisions giving effect to Article 17 of the Convention, that collaboration between two employers at the same workplace is not prescribed by the Labour Proclamation. The Government indicates that two or more undertakings working in the same workplace usually have a subcontracting or joint work agreement between them, including safety and health duties and responsibilities. The Government indicates that labour inspectors dealing with such situations will usually examine the specific circumstances and operations of the two undertakings engaged in activities at the same workplace in the course of inspections. The Committee requests the Government to take the necessary measures to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying OSH measures. It requests the Government to provide information on the measures taken in this respect, including any measures prescribed in the context of the ongoing process to strengthen the national OSH legislative framework.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 4 of the Convention. Formulation, implementation and review of a coherent national policy on occupational safety and health (OSH). The Committee notes with interest the Government’s indication, in reply to its previous request, that a National Occupational Safety and Health Policy and Strategy (OSH Policy) has been adopted. It notes that, following the adoption of the policy in 2014, a national tripartite council was due to be established in 2016 to coordinate, follow up and advise the Minister on the implementation of the policy and to monitor, evaluate and recommend action for improvement at both the federal and regional levels. The Committee requests the Government to continue providing information on the measures taken with respect to the implementation and review of the national OSH policy, in consultation with the most representative organizations of employers and workers.

Article 11(b) and (e). Functions to be carried out progressively including the determination of work processes and of substances and agents, exposure to which is to be controlled by the competent authority, and the annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes, in reply to its previous request, the Government’s statement that the Ministry of Labour and Social Affairs at the federal and regional levels ensures the functions enumerated under Article 11 of the Convention through the labour inspection services. The Committee requests the Government to provide further information on the measures taken by the competent authority to ensure that the functions set out in Article 11(b) and (e) of the Convention are carried out, and particularly the determination of the work processes, substances and agents, exposure to which shall be prohibited, limited or made subject to authorization or control by the competent authority, and the annual publication of the measures taken pursuant to the national policy, and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Articles 13 and 19(f). Protection of workers who removed themselves from imminent and serious danger. The Committee notes the Government’s reference, in reply to its previous request, to section 93 of the Labour Proclamation. It notes in this respect that section 93 of the Labour Proclamation refers to the obligation of workers to report to the employer any situation which they have reason to believe could present a hazard, but does not refer to the protection of workers who have removed themselves from such danger. The Committee accordingly requests the Government to take the necessary measures to ensure that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, are protected from undue consequences and cannot be required to return to a work situation where there is a continuing imminent and serious danger to life or health.

Article 17. Cooperation between two or more employers at the same workplace. The Committee notes the Government’s indication, in reply to its previous request, that while there are no legislative provisions giving effect to Article 17 of the Convention, employers receive advice and support on how to fulfil their obligations with respect to making workplaces safe and healthy in the circumstances envisaged by this Article. Considering that advice and support to employers are not sufficient to ensure the application of this provision, the Committee requests the Government to take measures with a view to specifically prescribing that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate on health and safety measures.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and to have recourse to external technical advisers. The Committee once again requests the Government to provide information on the manner in which it is ensured that workers or their representatives or representative organizations in an undertaking are enabled to inquire into and are consulted by the employer on all aspects of OSH associated with their work.

Article 20. Cooperation at the level of the undertaking. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that a bipartite OSH committee, comprising management and workers’ representatives in equal numbers, is to be established at the undertaking level to ensure cooperation between management and workers and/or their representatives. It notes in this respect that section 92(2) of the Labour Proclamation requires employers to establish an OSH committee, and that the Directive on the establishment of OSH committees adopted in 2006 specifies the role and functioning for such committees.

Article 21. OSH measures at no cost to the workers. The Committee notes the Government’s statement, in reply to its previous request, that the national legislation provides that OSH measures shall not involve any expenditure for workers. The Committee requests the Government to provide further information on the manner in which it is ensured that OSH measures do not involve any expenditure for the workers, identifying the relevant legal provisions in this respect.

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

Further to its observation, the Committee notes the information provided by the Government in its latest report and the attached legislation. The Committee also notes the Government’s responses indicating effect given to Articles 11(a), 11(c) and (f), 12(a)–(b), 14 and 19(e), of the Convention. With reference to its 2001 comments, the Committee wishes, however, to request the Government to provide information about the measures taken or envisaged to give effect to Articles 11(b) and (e), 12(c), 13, 15, 17, 19(e) and (f), 20 and 21 of the Convention. Further clarifications and supplementary information is also requested in respect of the following points.

Article 1(1)–(3). Applicability to public servants. With reference to its previous comments, the Committee notes the Government’s reference to the adoption of the Federal Civil Servant Proclamation No. 515/2007 which contains rules of occupational health and safety for “public civil servants”. The Committee requests the Government, however, to provide information on the measures taken or envisaged to ensure that the application of the provisions of the Convention covers also public civil servants, and, in particular, to clarify whether the recently adopted Occupational Safety, Health, and Working Environment Directive (OSH Directive) applies also to public civil servants.

Articles 4, 7 and 8. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The Committee notes the Government’s indication that the formulation of a coherent OSH national policy is in progress and has not been adopted yet. The Committee hopes that the Government will soon be in a position to report on the adoption of the named OSH national policy and requests the Government to provide the Office with a copy.

Technical assistance. The Committee notes again the interest of the Government in receiving technical assistance from the Office to develop structures for effective implementation of the provisions of the Convention, to improve its system of labour inspection and to build capacity among the relevant authorities. The Committee invites the Government to formally request the ILO technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with satisfaction the information provided by the Government regarding the adoption of the Occupational Safety and Health Directive by the Ministry of Labour and Social Affairs in 2008 (OSH Directive), which lays down general occupational safety and health (OSH) provisions and specific rules on fire prevention, working with chemicals, exposure to radiations, electric and magnetic fields, noise, vibration and rules protecting workers employed in cold/hot thermal environments. In addition, the Committee notes that the OSH Directive defines specific rules on OSH in the manufacturing sector, in the construction sector, and in agriculture.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the information in the Government’s report of this year, including a copy of a document entitled “Occupational Safety and Health Directive 2003” by the Ministry of Labour and Social Affairs. While the content of this document represents a promising development in this area, the Committee notes that the Government refers thereto as a “draft Directive on OSH” and that its status therefore remains unclear. The Committee asks the Government to clarify the status of the Occupational Safety and Health Directive 2003 and – if this is draft legislation – to indicate whether it has been adopted and, in that case, to transmit a copy thereof to the Committee as soon as it has been adopted.

Article 1(1)–(3) of the Convention. Adequate protection to public servants. The Committee also notes that, in reply to previous comments on this issue, the Government indicates that two new laws – Proclamations No. 377/2003 (amending Labour Proclamation No. 42/1993) and Proclamation No. 262/2002 on “public civil servants” ­– have been adopted, ensuring the safety, health and welfare of public servants. The Government did not, however, include copies thereof in its report. The Committee requests the Government to submit to it copies of Proclamation Nos. 377/2003 and 262/2002, as well as any other relevant legislation that may have been adopted subsequently to enable the Committee to examine the application of this Convention in the country.

Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to develop structures for effective cooperation at the institutional level in the country and to improve its system of labour inspection and expresses the hope that a request would be along those lines.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. With reference to its previous comments, the Committee notes with interest the information in the Government’s report of this year, including a copy of a document entitled "Occupational Safety and Health Directive 2003" by the Ministry of Labour and Social Affairs. While the content of this document represents a promising development in this area, the Committee notes that the Government refers thereto as a "draft Directive on OSH" and that its status therefore remains unclear. The Committee asks the Government to clarify the status of the Occupational Safety and Health Directive 2003 and - if this is draft legislation - to indicate whether it has been adopted and, in that case, to transmit a copy thereof to the Committee as soon as it has been adopted.

2. Article 1, paragraphs 1, 2 and 3 of the Convention. Adequate protection to public servants. The Committee also notes with interest that, in reply to previous comments on this issue, the Government indicates that two new laws - Proclamations No. 377/2003 (amending Labour Proclamation No. 42/1993) and Proclamation No. 262/2002 on "public civil servants" ­- have been adopted, ensuring the safety, health and welfare of public servants. The Government did not, however, include copies thereof in its report. The Committee requests the Government to submit to it copies of Proclamation Nos. 377/2003 and 262/2002, as well as any other relevant legislation that may have been adopted subsequently to enable the Committee to examine the application of this Convention in the country.

3. Technical assistance. The Committee notes the interest of the Government in receiving technical assistance from the Office to develop structures for effective cooperation at the institutional level in the country and to improve its system of labour inspection and expresses the hope that a request would be along those lines.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee refers to its observation. It hopes the Government will be taking or envisaging measures to address all the points that the Committee has been making for some years which concerned the following matters.

Article 1, paragraphs 1, 2 and 3 of the Convention. Ensuring adequate occupational safety and health protection to workers in branches of activity excluded by the Labour Proclamation No. 42/1993.

Article 4. The formulation, implementation and periodic review of a coherent national policy on occupational safety and health and the working environment, in consultation with the most representative organizations of employers and workers.

Article 5. The main spheres of action required to be taken account of by the national policy on occupational safety and health and the working environment.

Article 11. Ensuring the progressive carrying out of the following functions by the competent authority or authorities to give effect to the national policy:

(a)  The determination of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, the safety of technical equipment used at work, as well as the application of procedures defined by the competent authorities.

(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 authority or authorities, and the taking into consideration of health hazards due to the simultaneous exposure to several substances or agents.

(c)  The establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others concerned, and the production of annual statistics on occupational accidents and diseases.

(d)  The holding of inquiries, where the cases of occupational accidents and diseases or any other injuries to health arising in the course of or in connection with work, appear to reflect situations which are serious.

Article 12. The measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried in the specified manner.

Articles 13 and 19(f). The protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to life or health. The measure taken to ensure that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 14. The measures to ensure the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 15. The arrangements to ensure the necessary coordination between various authorities and bodies concerned in giving effect to the national policy on occupational safety and health and the working environment, including the establishment of a central body.

Article 17. Measures to ensure the collaboration in applying the provisions of the Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(c). The arrangements (rules, codes of practice, instructions, etc.) ensuring that representatives of workers in an undertaking are given adequate information on measures taken by the employer to secure occupational safety and health.

Article 19(e). The arrangements ensuring that workers or their representatives and, as the case may be, their representative organizations in an undertaking, are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work, including the possibility, by mutual agreement, to bring in from outside the undertaking, technical advisers.

Article 20. The arrangements ensuring cooperation between management and workers and/or their representatives within the undertaking.

Article 21. The legislative or other provisions ensuring that occupational safety and health measures shall not involve any expenditure for the workers.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee refers to its previous comments where it had noted the absence of legislative and other measures for the application of the provisions of the Convention. It had also noted in particular the wish of the Government to have the technical assistance of the ILO in elaborating a national policy on occupational safety and health, and had expressed the hope that an appropriate assistance will be provided by the ILO.

The Committee notes from the Government’s latest report that despite some efforts made to give effect to Articles 1, paragraphs 1, 2 and 3 (drafting of regulations to ensure adequate safety, health and welfare to public servants who are outside the scope of the Labour Proclamation No. 42/93), and 14 of the Convention (the offer by the Medical School of Addis Ababa University, the Gondar Health College and the Jimma Environmental Health and Science College of courses on occupational health), most of the difficulties the Government faced in applying the provisions of the Convention, persist. It notes however, that the Government has prepared a project proposal to solicit the technical and financial assistance of the ILO and other donor agencies. The Committee encourages the Government to pursue its efforts, in particular, regarding the solicitation of technical and financial assistance from the ILO and other donors. It hopes that the project will result in providing assistance for legislative drafting, training, as well as the arrangements being set up for the practical application of the provisions of the Convention.

The Committee is raising several points in a request addressed directly to the Government.

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 provided in the Government's reports. The Committee notes, in particular, the information concerning measures taken to give effect to Article 11(c) and Article 18 of the Convention.

Article 1, paragraphs 1, 2 and 3. The Committee notes that the Public Personnel Commission, the competent authority to administer public service personnel, is reviewing the old regulations, in order to adapt them to new circumstances. Those regulations cover the branches of activity, excluded from the scope of Labour Proclamation No. 42/1993 and consequently from the scope of the Convention (armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors, etc.). The Committee hopes that the forthcoming regulation of public servants will ensure adequate protection to workers in excluded branches. The Committee requests the Government to provide a copy of the future regulation once it has been adopted.

Article 4. The Committee notes the Government's indication that a coherent national policy on occupational safety and health will be formulated after consultations within a tripartite Advisory Board whose establishment had been stipulated in section 170, paragraph 2, and section 171 of Labour Proclamation No. 42/1993. The formation of the Advisory Board was delayed due to the absence of a representative employers' organization. The Committee requests the Government to indicate any progress made in formulating and implementing the national policy in question.

Article 11(a). The Committee notes from the latest Government's report that the Labour Inspection Service has undertaken a study to facilitate the inclusion of matters relating to the design, construction and layout of undertakings into the national policy on occupational safety and health. It also notes the Government's statement that the Ministry of Labour and Social Affairs wishes to receive technical assistance from the ILO in elaborating the said policy. The attention of the Government should be drawn, in this respect, to the Occupational Safety and Health Recommendation, 1981, Part II of which contains the list of technical fields in which measures and actions should be taken in pursuance of the implementation of the national policy on occupational safety and health and which could be useful in the event of the elaboration of regulations, instructions or codes of practice. Concerning the request for technical assistance, the Committee hopes that an appropriate assistance will be provided by the ILO.

(b). In its previous comments, the Committee noted that dangerous trade or undertakings were to be classified by the inspectors and that, in accordance with section 170 of the Labour Proclamation, the classification of hazardous jobs could be established by directives of the Minister of Labour. The Committee points out once again that there is an essential difference between the classification of jobs and the determination of work processes, substances and agents to which exposure is prohibited, limited or made subject to authorization or control. In the absence of information, the Committee again requests the Government to indicate the measures taken to ensure that work processes, substances and agents to be prohibited, limited or made subject to authorization or control are determined.

(c). The Committee notes that no information is provided in the latest Government's report and requests the Government to indicate the measures taken to ensure that inquiries are held where cases of occupational accidents or diseases or any other injuries to health appear to reflect situations which are serious.

(d). The Committee notes the Government's statement in its report for the period ending June 1994 that the Labour Inspection Service would publish the information on occupational accidents and diseases that occurred at the national level since the establishment of the Occupational Safety and Health Centre. It requests the Government to indicate the manner in which it is ensured that the information on measures taken in pursuance of the occupational safety and health policy, and not on accidents or diseases that occurred, is published annually.

Article 12. With reference to its previous comments, the Committee notes the Government's indication that no specific regulation for the application of this Article has been issued. It requests the Government to indicate the measures taken to ensure the application of this provision of the Convention.

Article 13 and Article 19(f). The Committee notes that section 32 of the Labour Proclamation makes the permission for the termination of employment by the worker dependent on the employer's behaviour in the case of imminent danger threatening the worker's safety and health, while Article 13 of the Convention deals with a different situation, that is a worker should be able to remove himself, without undue consequences, from a work situation presenting an imminent and serious danger which does not have any connection with the employer's action. Thus, section 32 gives no effect to this provision of the Convention. Therefore, the Government is requested to indicate the measures taken or envisaged to ensure that a worker who removes himself from a work situation which he reasonably believes to present imminent and serious danger is protected from any undue consequences.

Noting that no information has been supplied in response to its previous comments concerning measures taken to ensure that the employer cannot require workers to return to a situation where there is continuing imminent and serious danger until remedial action has been taken, the Committee is bound to reiterate the request relating to this part of the provision of Article 19(f).

Article 14. The Committee notes with interest the information provided in the Government's report concerning measures taken in order to include in the programme of higher-education level courses on occupational safety and health. The Committee requests the Government to continue supplying information on further progress made in this regard.

Article 15. The Committee notes the Government's statements in the reports that the Advisory Board, which has not yet been established, will make appropriate arrangements in order to ensure the necessary coordination between various authorities and bodies for the effective implementation of the national policy on occupational safety and health and will determine the coordinating functions. The Committee requests the Government to provide particulars on the coordinating functions to be carried out by the Advisory Board with respect to the occupational safety and health policy once the Board has been established.

Article 17. The Committee notes from the Government's report that the collaboration in occupational safety and health matters among two or more undertakings engaged in activities simultaneously at one workplace consists of an exchange of advice and information. It requests the Government to indicate the measures taken or envisaged to ensure collaboration in the circumstances specified in this Article in applying the requirements of the Convention in occupational safety and health matters.

Article 19(c). The Committee notes from the Government's report that the workers' representatives are informed of measures taken by the employer to secure occupational safety and health by the existing system of inspection. It requests the Government to indicate what kind of arrangements (rules, codes of practice, instructions, etc.) have been made at the level of undertakings under which workers' representatives are given, by the inspectors or some other employees of the inspection service, adequate information on measures taken by the employer to secure occupational safety and health.

Article 19(e). The Committee notes from the Government's report that efforts have been made to create and to improve the awareness of the workers regarding the importance of occupational safety and health, through different means, in order to enable them to participate actively on this matter. It requests the Government to indicate the measures taken to ensure that workers have the right to inquire into and are actually consulted by the employer on all aspects of occupational safety and health.

Article 20. The Committee refers to the Government's report for the period ending June 1994 according to which management and workers had been advised to have close cooperation in every aspect of the promotion of occupational safety and health, including the establishment of safety committees, and to the intention of the Government, expressed in its first report, to adopt specific regulations which would be issued by the Minister of Labour and Social Affairs in order to ensure that there is close cooperation in safety committees. The Committee requests the Government to supply information on any progress made in this regard.

Article 21. The Committee notes from the Government's reports that the regulations, with specific provisions to ensure that occupational safety and health measures involve no expenditure for the workers, are not issued yet but employers and workers, in most instances, include the provision in their collective agreements. It asks the Government to supply a copy of such agreements, as examples, and a copy of the regulations, when adopted.

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

The Committee notes the information provided in the Government's reports. The Committee notes, in particular, the information concerning measures taken to give effect to Article 11(c) and Article 18 of the Convention.

Article 1, paragraphs 1, 2 and 3. The Committee notes that the Public Personnel Commission, the competent authority to administer public service personnel, is reviewing the old regulations, in order to adapt them to new circumstances. Those regulations cover the branches of activity, excluded from the scope of Labour Proclamation No. 42/1993 and consequently from the scope of the Convention (armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors, etc.). The Committee hopes that the forthcoming regulation of public servants will ensure adequate protection to workers in excluded branches. The Committee requests the Government to provide a copy of the future regulation once it has been adopted.

Article 4. The Committee notes the Government's indication that a coherent national policy on occupational safety and health will be formulated after consultations within a tripartite Advisory Board whose establishment had been stipulated in section 170, paragraph 2, and section 171 of Labour Proclamation No. 42/1993. The formation of the Advisory Board was delayed due to the absence of a representative employers' organization. The Committee requests the Government to indicate any progress made in formulating and implementing the national policy in question.

Article 11(a). The Committee notes from the latest Government's report that the Labour Inspection Service has undertaken a study to facilitate the inclusion of matters relating to the design, construction and layout of undertakings into the national policy on occupational safety and health. It also notes the Government's statement that the Ministry of Labour and Social Affairs wishes to receive technical assistance from the ILO in elaborating the said policy. The attention of the Government should be drawn, in this respect, to the Occupational Safety and Health Recommendation, 1981, Part II of which contains the list of technical fields in which measures and actions should be taken in pursuance of the implementation of the national policy on occupational safety and health and which could be useful in the event of the elaboration of regulations, instructions or codes of practice. Concerning the request for technical assistance, the Committee hopes that an appropriate assistance will be provided by the ILO.

(b). In its previous comments, the Committee noted that dangerous trade or undertakings were to be classified by the inspectors and that, in accordance with section 170 of the Labour Proclamation, the classification of hazardous jobs could be established by directives of the Minister of Labour. The Committee points out once again that there is an essential difference between the classification of jobs and the determination of work processes, substances and agents to which exposure is prohibited, limited or made subject to authorization or control. In the absence of information, the Committee again requests the Government to indicate the measures taken to ensure that work processes, substances and agents to be prohibited, limited or made subject to authorization or control are determined.

(c). The Committee notes that no information is provided in the latest Government's report and requests the Government to indicate the measures taken to ensure that inquiries are held where cases of occupational accidents or diseases or any other injuries to health appear to reflect situations which are serious.

(d). The Committee notes the Government's statement in its report for the period ending June 1994 that the Labour Inspection Service would publish the information on occupational accidents and diseases that occurred at the national level since the establishment of the Occupational Safety and Health Centre. It requests the Government to indicate the manner in which it is ensured that the information on measures taken in pursuance of the occupational safety and health policy, and not on accidents or diseases that occurred, is published annually.

Article 12. With reference to its previous comments, the Committee notes the Government's indication that no specific regulation for the application of this Article has been issued. It requests the Government to indicate the measures taken to ensure the application of this provision of the Convention.

Article 13 and Article 19(f). The Committee notes that section 32 of the Labour Proclamation makes the permission for the termination of employment by the worker dependent on the employer's behaviour in the case of imminent danger threatening the worker's safety and health, while Article 13 of the Convention deals with a different situation, that is a worker should be able to remove himself, without undue consequences, from a work situation presenting an imminent and serious danger which does not have any connection with the employer's action. Thus, section 32 gives no effect to this provision of the Convention. Therefore, the Government is requested to indicate the measures taken or envisaged to ensure that a worker who removes himself from a work situation which he reasonably believes to present imminent and serious danger is protected from any undue consequences.

Noting that no information has been supplied in response to its previous comments concerning measures taken to ensure that the employer cannot require workers to return to a situation where there is continuing imminent and serious danger until remedial action has been taken, the Committee is bound to reiterate the request relating to this part of the provision of Article 19(f).

Article 14. The Committee notes with interest the information provided in the Government's report concerning measures taken in order to include in the programme of higher-education level courses on occupational safety and health. The Committee requests the Government to continue supplying information on further progress made in this regard.

Article 15. The Committee notes the Government's statements in the reports that the Advisory Board, which has not yet been established, will make appropriate arrangements in order to ensure the necessary coordination between various authorities and bodies for the effective implementation of the national policy on occupational safety and health and will determine the coordinating functions. The Committee requests the Government to provide particulars on the coordinating functions to be carried out by the Advisory Board with respect to the occupational safety and health policy once the Board has been established.

Article 17. The Committee notes from the Government's report that the collaboration in occupational safety and health matters among two or more undertakings engaged in activities simultaneously at one workplace consists of an exchange of advice and information. It requests the Government to indicate the measures taken or envisaged to ensure collaboration in the circumstances specified in this Article in applying the requirements of the Convention in occupational safety and health matters.

Article 19(c). The Committee notes from the Government's report that the workers' representatives are informed of measures taken by the employer to secure occupational safety and health by the existing system of inspection. It requests the Government to indicate what kind of arrangements (rules, codes of practice, instructions, etc.) have been made at the level of undertakings under which workers' representatives are given, by the inspectors or some other employees of the inspection service, adequate information on measures taken by the employer to secure occupational safety and health.

Article 19(e). The Committee notes from the Government's report that efforts have been made to create and to improve the awareness of the workers regarding the importance of occupational safety and health, through different means, in order to enable them to participate actively on this matter. It requests the Government to indicate the measures taken to ensure that workers have the right to inquire into and are actually consulted by the employer on all aspects of occupational safety and health.

Article 20. The Committee refers to the Government's report for the period ending June 1994 according to which management and workers had been advised to have close cooperation in every aspect of the promotion of occupational safety and health, including the establishment of safety committees, and to the intention of the Government, expressed in its first report, to adopt specific regulations which would be issued by the Minister of Labour and Social Affairs in order to ensure that there is close cooperation in safety committees. The Committee requests the Government to supply information on any progress made in this regard.

Article 21. The Committee notes from the Government's reports that the regulations, with specific provisions to ensure that occupational safety and health measures involve no expenditure for the workers, are not issued yet but employers and workers, in most instances, include the provision in their collective agreements. It asks the Government to supply a copy of such agreements, as examples, and a copy of the regulations, when adopted.

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

The Committee notes with interest the information provided in the Government's first report. It notes, in particular, the Government's indication that no measures have yet been taken to formulate, implement and periodically review a coherent national occupational safety and health policy, but that the Labour Inspection Service has been making efforts to enact subsequent regulations in this area, in consultation with the workers' and employers' representatives through the Advisory Board to be established under section 171 of the Labour Proclamation No. 42/1993. The Government is requested to indicate, in its next report, the progress made in formulating a national coherent occupational safety and health policy, in accordance with Article 4 of the Convention, and any steps taken to give effect to this policy as called for by Article 8. Furthermore, the Committee hopes that the subsequent occupational safety and health regulations referred to in the Government's report will take into consideration the spheres of action set forth in Article 5 of the Convention.

The Government is requested to provide further information, in its next report, on the following points:

Article 1, paragraphs 1, 2 and 3. The Committee notes that section 3(2)(e) of the Labour Proclamation excludes the armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws. The Government states in its report that there are no definite measures taken to give adequate protection to these workers other than by means of the special laws governing them. The Government is requested to indicate the reasons for excluding these branches of activity from the Convention and to state the measures taken or envisaged, either through the special laws pertaining to them or by other means, to give adequate protection to workers in these branches of activity. The Committee also requests the Government to continue to supply information on any progress made towards wider application of the Convention with respect to these workers.

Article 2, paragraphs 1 to 3. The Committee notes that section 3(2)(a) to (c) of the Labour Proclamation excludes employment relations arising out of contracts for the purpose of upbringing, treatment, care or rehabilitation, education or training, and those relating to persons holding managerial posts. The Government is requested to indicate the reasons for these exclusions and to continue to supply information, in subsequent reports, on any progress made towards wider application.

Article 11. (a) The Committee notes from the Government's report that section 177 of the Labour Proclamation provides that labour inspectors have overall duty to supervise and ensure that undertakings are not dangerous. It notes, however, that no specific measures are taken to ensure that the determination of conditions governing the design, construction and layout of undertakings is carried out. The Government is requested to indicate the progress made in this regard.

(b) The Committee notes that inspectors are to classify dangerous trades or undertakings and that, under section 170 of the Labour Proclamation, the Minister of Labour is to issue directives concerning occupational safety and health and the classification of hazardous jobs. The Committee would point out that there is an essential difference between the classification of jobs and the determination of work processes, substances and agents to which exposure is prohibited, limited or made subject to authorization or control. The Government is requested to indicate the measures taken to ensure that work processes, substances and agents to be prohibited, limited or made subject to authorization or control are determined.

(c) The Government is requested to indicate the measures taken to establish and implement procedures for the notification of occupational diseases and accidents.

(d) The Government is requested to indicate the measures taken to ensure that inquiries are held where cases of occupational accidents or diseases appear to reflect situations which are serious.

(e) The Committee notes that section 177 of the Labour Proclamation provides that labour inspectors are responsible for compiling statistics relating to working conditions. The Government is requested to indicate the manner in which it is ensured that the information on measures taken in pursuance of the occupational safety and health policy and on occupational diseases and accidents is published annually.

(f) The Committee notes the Government's indication that the Ministry of Labour and Social Affairs carries out studies on chemical, physical and biological hazards. The Government is requested to provide further information on the introduction of a system to examine these hazards and to provide particulars on the manner in which such a system functions.

Article 12. The Committee notes the Government's indication that specific regulations for the application of this Article of the Convention will be taken by virtue of the authority vested in the Minister of Labour under section 170 of the Labour Proclamation. The Government is requested to indicate the measures taken to regulate those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in accordance with this provision of the Convention.

Article 13 and Article 19(f). The Committee notes the indication in the Government's report concerning section 31 of the Labour Proclamation which permits workers to terminate their employment in the event of an imminent danger threatening the worker's health and section 41 which provides one month's salary to the worker in such cases. The Committee would recall that Article 13 of the Convention is intended to protect workers from undue consequences when they remove themselves from imminent and serious danger and should not necessarily lead to obliging the worker to choose between his or her health and his or her employment. The Government is requested to indicate the measures taken or envisaged to ensure that workers who remove themselves from work situations which they reasonably believe to present imminent and serious danger are protected from any undue consequences.

The Committee also notes that section 93(3) of the Labour Proclamation provides that workers must report situations believed to present a hazard and which cannot be remedied by the worker. The Government is requested to indicate the measures taken to ensure that the employer cannot require workers to return to a situation where there is continuing imminent and serious danger until remedial action has been taken.

Article 14. The Committee notes that section 177(6) of the Labour Proclamation makes the labour inspector responsible for preparing safety training programmes. The Government indicates in its report that an effort will be made to extend a system of education and training in higher technical, medical and professional education once the Advisory Board has been established. The Government is requested to supply information, in its next report, on the progress made in this regard.

Article 15. The Committee hopes that the subsequent regulations referred to in the Government's report will ensure the necessary coordination between various authorities and bodies called upon to give effect to the occupational safety and health policy. The Government is also requested to provide particulars on the coordinating functions to be carried out by the Advisory Board with respect to the occupational safety and health policy once the Board has been established.

Article 17. The Government is requested to indicate the measures taken to ensure collaboration in occupational safety and health matters among two or more undertakings engaged in activities simultaneously at one workplace.

Article 18. The Committee notes that under section 104 of the Labour Proclamation the employer is responsible for providing first aid, transporting an injured worker to the nearest medical centre and notifying the competent authorities. The Government is requested to indicate any other measures taken to ensure that employers deal with emergencies or accidents of a larger scale which might occur.

Article 19. (c) The Committee notes that, under the Labour Proclamation, the employer must instruct workers concerning the hazards involved at the workplace and must appoint a safety officer. The Government is requested to indicate the measures taken to ensure that the employer provides information to the workers' representatives on the measures taken to secure occupational safety and health.

(e) The Committee notes that section 129 permits workers' representatives to bargain collectively concerning the conditions for the protection of occupational safety and health. The Government is requested to indicate the measures taken to ensure that workers have the right to enquire into and are actually consulted by the employer on all aspects of occupational safety and health.

Article 20. The Committee notes from the Government's report that specific regulations would be issued by the Minister to ensure that there is close cooperation in safety committees. The Government is requested to supply information, in its next report, on the progress made in this regard.

Article 21. The Government states in its report that provisions to ensure that Occupational Safety and Health measures do not involve any expenditure for the workers will be taken in subsequent regulations. The Government is requested to supply information, in its next report, on the progress made in this regard.