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

Safety and Health in Construction Convention, 1988 (No. 167) - Germany (Ratification: 1993)

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of German Employers’ Associations (BDA), received on 30 August 2013; the joint observations of the IOE and the BDA, supporting the joint observations of the German Construction Federation (ZDB) and the Federation of the German Construction Industry (HDB), received on 31 August 2015; and the joint observations made by the German Confederation of Trade Unions (DGB) and the Union of Construction, Agriculture and Environment Works (IG BAU), received on 4 September 2015. It also notes the Government’s reply to the joint observations made in 2012 by the DGB and the IG BAU.

Article 3 of the Convention. Consultation of the most representative organizations of employers and workers. Article 4. Adoption of laws or regulations on the basis of a risk assessment. Article 13. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes that in their joint observations, the DGB and the IG BAU reiterate their concerns raised previously, namely that construction workers tend to take early retirement, that the proportion of older workers to the total workforce in many building trades is still significantly lower than the average for all occupations, and that many workers claim limited incapacity benefits because their health no longer enables them to meet the requirements of their job. The DGB and the IG BAU also reiterate that there is substantial room for improvement in the regulatory sphere, including limiting the maximum permissible weight for all construction materials supplied in sacks to 25 kilograms, imposing stricter limits on the emission of soot and particles from construction machines, and imposing more significant consequences upon enterprises for breaches of occupational safety and health (OSH) requirements. For their part, the IOE and the BDA maintain that the average age of retirement has continuously increased since 2008. The IOE, the BDA, the ZDB and the HDB indicate that the existing legal framework provides a comprehensive set of rules and that further laws and regulations are not necessary. They consider that the joint efforts of the IG BAU and the Occupational Insurance Association of the Building Sector (BG BAU) have led to a considerable reduction of workers’ exposure to soot and particle emissions and that the replacement of machinery, in accordance with European emission standards, will lead to further reductions in such emissions. The Committee notes the Government’s indication that claims for invalidity pensions prior to the statutory age of retirement are primarily the result of the effects of work on health, but can also be attributed to the lack of available jobs, and that it is supporting pilot projects and sectoral activities to increase the number of workers who reach the statutory retirement age. The Government adds that regulations are closely linked to European Union law and are constantly developed. In this regard, it states that the Ordinance on Health and Safety Requirements for the Manual Handling of Loads at Work does not specify a maximum permissible weight for loads, as various parameters have to be taken into account, while European Union directives and current research make it difficult for countries to establish their own national values for limits on soot and particle emissions. The Committee encourages the Government to pursue consultations with the social partners on measures to give effect to the Convention, in accordance with Article 3.

Article 30(1). Provision of personal protective equipment. With reference to its previous comments, the Committee notes the Government’s indication that personal protective equipment (PPE) is inferior to technical and organizational measures as a means of prevention. It indicates that in Europe, PPE is governed by Directives 89/686/EEC and 89/656/EEC. The restricted scope for additional PPE requirements at the national level has prompted those involved in prevention to provide a range of advisory services concerning PPE in enterprises and as part of construction site inspections. A large number of information and training sessions have been held in recent years and information materials, examinations and certifications have been developed. The Committee takes note of this information.

Article 35(b). Provision of appropriate labour inspection services. The Committee previously noted the indication of the DGB and the IG BAU that the number of labour inspectors was insufficient and that there was a widespread failure in the enforcement of OSH standards. They emphasized that an important feature of the construction industry is the large number of small enterprises which are rarely inspected. The Committee notes that in their latest observations, they reiterate their concerns. In this respect, the Government indicates that the implementation of OSH measures is complex and is not related only to the number of labour inspectors. Significant factors include the level of education and training of workers, union density in enterprises and construction sites and the use of the available remedies. The number of OSH inspectors is higher than one inspector per 10,000 workers. In addition to the number of inspectors in the labour inspectorate, the number of inspectors working for statutory accident insurance providers has to be taken into account The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises.

Application in practice. The Committee notes that, according to the DGB and the IG BAU, accident rates in the construction sector remain higher than average. It also notes that the IOE and the BDA state that employers have made considerable efforts to train and qualify their workers with regard to safety at work and that these efforts have been reflected in the continuous decrease in the number of occupational accidents. The Government indicates that the number of fatal accidents in the construction industry in the country is below the European average and that the accident rate in general has been declining since 2005. In this regard, the Committee notes the detailed statistical information provided by the Government according to which the number of occupational accidents subject to mandatory reporting decreased from 116,689 in 2011 to 105,248 in 2013. It also notes the Government’s indication that numerous activities exist to further improve OSH, including a joint OSH programme for construction and assembly, and that workers’ and employers’ organizations are consulted on the various measures implemented. With reference to its previous request concerning OSH in work involving the demolition of buildings containing asbestos, the Committee notes the Government’s indication that statutory accident insurance providers conducted a campaign dedicated to demolition work and working with hazardous substances, such as asbestos, and that activities are ongoing within the working group on hazardous substances of the Committee of the Länder for Occupational Health to further develop the regulations on activities involving asbestos. The Committee takes note of this information.