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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Iraq (Ratification: 1985)

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning the application of Article 5(4) of the Convention on the right of representatives of the employer and of workers to accompany inspectors, Article 6(1) on employers’ responsibility to comply with prescribed measures, Article 7 on workers’ responsibility to comply with safety procedures and right to present proposals, obtain training and to appeal to appropriate bodies, Article 10 on employers’ obligation to provide protective equipment, Article 11(1) and (2) on the provision of medical examinations at no cost to the worker and Article 13 on information and instructions on occupational hazards in the working environment.

Article 6(2). Collaboration between two or more employers undertaking activities simultaneously at the workplace. The Committee requests the Government to provide information on the measures taken to ensure that when two or more employers undertake activities simultaneously in one workplace they have the duty to collaborate in complying with the prescribed measures.

Article 8. Establishing exposure limits to air pollution. Opinion of technically competent persons. Revision of exposure limits. The Committee notes the Government’s indication that exposure limits to air pollution, noise and vibration are fixed in the Instructions No. 22 of 1987 and that they are reviewed periodically. It further notes that official bodies such as the Central Inspection Body are consulted. The Committee however observes that while section 15 of the Instructions No. 22 of 1987 foresees that the employer shall take the necessary measures to reduce noise in the workplace and keep it at a level which does not exceed 85 decibels, the instructions do not establish exposure limits for air pollution. The Committee also observes that daily exposure limits to vibration are provided under section 1(X) of the Instructions No. 4 of 1993. Noting that the legislation referenced does not contain provisions on the limits established for exposure to air pollution in the workplace, the Committee requests the Government to provide information in this respect. The Committee also requests the Government to provide further information on the manner in which exposure limits to air pollution, noise and vibration are supplemented and revised and on how technically competent persons are involved in the establishment of such exposure limits.

Article 9. Technical and organizational measures to prevent exposure to air pollution and noise. With reference to its previous comment, the Committee notes the Government’s statement that although continuous efforts have been undertaken, the draft Act on Prevention of Noise has not yet been adopted. It also notes the Government’s statement that the establishment of new enterprises or changes to be undertaken in their respect have to be authorized by the Plant Committee of the Ministry of Municipalities, which is composed by representatives of the Ministries of Health, Environment and Labour. In this regard, the enterprise owner shall submit the environment report provided by Law No. 27 of 2009 on the Protection and Improvement of the Environment. Furthermore, it notes the Government’s indication that existing enterprises are evaluated in the framework of periodic inspection visits, which are carried out following a choice based on plant dangerousness, complaints issued or accidents that have occurred. The Committee requests the Government to provide further information on the manner in which it ensures that new or existing plants are kept free from any hazards due to air pollution and noise through the use of technical measures, in conformity with Article 9 of the Convention.

Article 11(3) and (4). Provision of alternative employment. The Committee notes the Government’s indication that suitable alternative employment is provided pursuant to a decision of the Medical Committee of the National Centre for Occupational Safety and Health (NCOSH). The Committee requests the Government to provide further information on the procedures of the Medical Committee of the NCOSH in evaluating whether workers can be granted alternative employment where continued assignment to work involving exposure to air pollution, noise or vibration is found medically inadvisable.

Article 12. Notification to competent authorities. The Committee notes the Government’s response which indicates that the competent authority within the NCOSH keeps a database of the processes, substances and devices, whose use it allows or prohibits in workplaces. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that employers using processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

Article 15. Appointment by employers of a competent person or use of a competent service. The Committee requests the Government to provide information on the measures taken to ensure the appointment of a competent person or the use of a competent service by employers to deal with matters pertaining to the prevention and control of air pollution, noise and vibration.