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

Safety and Health in Construction Convention, 1988 (No. 167) - Iraq (Ratification: 1990)

The Committee notes with interest the information provided by the Government that detailed the National Occupational Safety and Health (OSH) Centre has prepared draft Instructions on OSH for the sector of construction and public works, that the provisions of the Convention were taken into account and submitted to the legal unit of the Ministry and that this text was currently being examined. It also notes the information that with reference to Article 30(3) Compliance with standards for protective equipment the Government indicates that the National OSH Centre follows up continuously on the development of standards and classifications of personal protection equipment (PPE) taking into account ergonomic principles. Emphasizing that the Government remains under the obligation to ensure the application of the Convention during the drafting process, the Committee requests the Government to transmit copies of relevant legislation as soon as it has been adopted and expresses the firm hope that the proposed legislation will take into account the Committee’s previous comment which, in relevant parts, read as follows:

Repetition

Article 2. Definitions. The Committee notes the Government’s indication that the terms “construction”, “construction site”, “workplace”, “competent person", “scaffold”, “lifting appliance” and “lifting gear” have been defined in conformity with the Convention, but that no further specific reference to legislation is provided. The Government is requested to provide the legislative reference to these definitions in its next report.

Article 4. Methods to ensure application in practice. The Committee notes the information that the Government has set up a unified inspection body for vocation and training activities, and social security and occupational safety, and that a department for occupational safety and health has been created in order to monitor measures implemented under the work programmes based on the labour inspectors’ assessment of health and safety hazards. The Committee welcomes this development, but reiterates its request to the Government to specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector; and to provide examples of work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited.

Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its reply, but notes that the subject matter of these rules relates to the organization of work and not to the use of technical standards, and of standards adopted by recognized international organizations in the field of standardization, which is the object and purpose of the present article of the Convention. Given the technical complexities involved in construction, it is common practice to collect relevant standards in codes of practice recommended for use for different types of construction sites. It is also common practice to make use of the collective technical knowledge emanating from international organizations in the field of standardization such as the International Organization for Standardization. See, inter alia, http://www.iso.org/iso/search.htm?qt=Construction&searchSubmit=Search&sort=rel&type=simple&published=on. Against this background the Committee reiterates its request to the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. Cooperation between employers and workers. The Committee notes the information provided in reply to its previous comments indicating that the relevant inspection bodies comprise representatives of employers’ and workers’ organizations, and that these organizations also participate in common awareness programmes and the Tripartite Consultative Commission. The Committee notes that this information does not relate to the provisions requiring measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers, and to describe the arrangements whereby this cooperation is ensured.

Article 8. Two or more employers undertaking activities simultaneously at one workplace. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its response but notes that this legislation does not give effect to the provisions in this Article. The Committee reiterates its request to the Government to take the necessary steps to give effect to the provisions of this Article.

Article 10. A worker’s right and duty to participate in ensuring safe working conditions. The Committee notes that the Government yet again refers to the Occupational Safety and Health Instruction No. 22 of 1987, and that no further new information is provided. The Committee recalls again that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all workers. The Committee therefore reiterates its request to the Government to indicate which provisions lay down the right and duty of workers to participate in ensuring safe working conditions and to express views on working procedures.

Article 12. Right to removal. The Committee notes the Government’s indication that effect is given to this Article of the Convention in current legislation, and that no further details are provided. The Committee requests the Government to indicate the national laws and regulations which provide a worker with the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 18(1) and (2). Work at heights and roof work. The Committee notes the reference made to section 5(30) of the Occupational Safety and Health Instruction No. 22 of 1987, and observes that this provision is general in nature. The Committee again reminds the Government that according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against workers inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). Excavations, shafts, earthworks, underground works and tunnels. The Committee notes that the Government refers to existing legislation as well as to provisions to be contained in the new legislation under consideration. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will give full effect to these provisions of the Convention and ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). Adequate ventilation at workplaces. The Committee notes the reference made to the Instruction on the National Occupational Safety and Health Centre, No. 3 of 2009 to ensure compliance with this Article of the Convention, and notes that the subject matter in this Article is not regulated therein. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations prescribe for adequate ventilation at all workplaces in accordance with this Article of the Convention.

Article 24. Demolition. The Committee notes the information that its previous comments will be taken into account in the new legislation under consideration including specific draft instructions covering demolition work and disposal of waste. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will prescribe precautions, methods and procedures that must be adopted when demolition work is done, including those for the disposal of waste or residues, and measures ensuring that work shall be planned and undertaken only under the supervision of a competent person. The Committee would also be grateful for any information on precautions taken in this context for the handling of construction material containing asbestos fibres.

Article 26(1). Competent persons handling the construction, installation and maintenance of electrical equipment and installations. The Committee notes that the Government yet again refers to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes again, however, that these provisions make no reference to the construction, installation and maintenance of electrical equipment and installations by competent persons. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will require that electrical equipment and installations be constructed, installed and maintained by competent persons.

Article 26(2) and (3). Guards and protection against electrical cables. The Committee notes the reference made to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which however, is general in nature. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will specifically prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electrical cables and apparatus on or near the site so as to guard against any danger. The Government is also requested to develop technical rules and standards that apply nationwide to the laying and maintenance of electrical cables.

Article 27. Explosives. The Committee notes the reference made to section 5(18) of the Occupational Safety and Health Instruction No. 22 of 1987, which does not give full effect to this Article of the Convention. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28(1). Prevention against exposure of workers to health hazards. The Committee notes the reference made by the Government to instructions allegedly giving effect to this provision and notes that the national legislation in question was not made available to the Committee. The Committee requests the Government to submit the referenced legislation, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28(2). Prevention of chemical, physical and biological hazards and replacement of hazardous substances by harmless or less hazardous substances, wherever possible. The Committee notes the Government’s indication that the relevant national legislation includes the Occupational Safety and Health Instruction No. 22 of 1987 and the Instruction No. 4 of 1989 on the Storage and Handling of Chemicals, the text of which has not been made available to the Committee. The Committee also notes the reference made, without any further details, to the new Labour Code. The Committee requests the Government to submit copies of relevant legislation and as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28(3). Prevention against certain hazards. The Committee notes the Government’s indication that the prevention against certain hazards is contained in national legislation, including the Occupational Safety and Health Instruction No. 22 of 1987, the Act No. 71 of 1978, and the new Labour Code; and in the duties of the National Occupational Safety and Health Centre. The Committee requests the Government to submit a copy of Act No. 71 of 1978; provide further details regarding the relevant sections in the other legislation referred to; and as appropriate, take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 30(2). Use of protective equipment. The Government refers to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee requests the Government to specify how effect is given to the requirement that employers satisfy themselves that workers use their individual protective equipment properly, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

[…]

Article 34. Reporting of accidents and diseases. The Committee notes that the Government has again referred to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee reiterates that national laws or regulations must provide for the reporting of occupational accidents and diseases to the competent authority within a prescribed period of time. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification of occupational accidents and diseases to the competent authority, and to specify the prescribed time limit for notification of occupational accidents and diseases.

The Committee also notes the information provided by the Government indicating that the Committee’s previous comments, as regards the following articles, will be taken into account in the new legislation under consideration:

• – Article 7. Measures to ensure that self-employed persons comply with prescribed safety and health measures at the workplace.
• – Article 9. Taking into account the safety and health of the construction workers in the design and planning of a construction project.
• – Article 11, subparagraphs (a), (b) and (d). Workers’ duty to cooperate; to take care of the safety and health of other persons; and to report situations likely to present a risk.
• – Article 13, paragraphs 2 and 3. Safety at workplaces.
• – Article 14. Scaffolds and ladders.
• – Article 15, paragraph 1(a) to (d). Lifting appliances and gear.
• – Article 15, paragraph 1(e); Article 16, paragraph 1(d) ; and Article 17, paragraph 1(d). Required training of workers for the handling of equipment.
• – Article 16, paragraph 1(a), (b) and (c), and paragraph 2. Transport, earth moving and materials-handling equipment.
• – Article 17, paragraphs 1 and 2. Plant, machinery equipment and hand-tools.
• – Article 20. Cofferdams and caissons.
• – Article 21. Work in compressed air.
• – Article 22, paragraphs 1 and 3. Erection of structural frames and formwork.
• – Article 23. Work over water.

Part VI of the report form. Application in practice. The Committee notes that the Government’s report is silent on the question of the application in practice of the Convention. Government’s indication that, due to the national security situation in the country, statistics are not available. The Committee would however, request that the Government provide a general appreciation of the manner in which the Convention is applied in the country based on available information including, in particular, any available information on the number of occupational accidents and diseases reported.

[The Government is asked to reply in detail to the present comments in 2013.]