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

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

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.]

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

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 with interest the detailed report submitted by the Government on the application of this Convention, including information on effect given to Articles 17(3), 29(1)(c), 31, and 32(3) of the Convention. It also notes the information that the national review of occupational safety and health legislation, including the development of instructions for occupational safety and health in construction and buildings, is still under way. The Committee welcomes the information regarding the further development and reorganization of the National Occupational Safety and Health Centre by Instruction No. 3 of 2009. 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 following specific comments.

Article 2 of the Convention. 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, 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 in 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 of 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 new information has been 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 workers with the right to remove themselves when they believe that there is serious danger, and the duty to inform their 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 measures for 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 measures for 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 measures for certain hazards. The Committee notes the Government’s indication that the prevention against certain hazards is contained in national legislation, including Occupational Safety and Health Instruction No. 22 of 1987, 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 30(3). Compliance with standards for protective equipment. The Committee notes the reference made to consultations to be made with the National Occupational Safety and Health Centre. The Committee requests the Government to specify if the National Occupational Safety and Health Centre is required to develop standards for protective equipment which take into account, as far as possible, ergonomic principles.

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, to the competent authority, of occupational accidents and diseases 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 this notification.

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(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(2) and (3). Safety at workplaces.

–      Article 14. Scaffolds and ladders;

–      Article 15(1)(a)–(d). Lifting appliances and gear;

–      Articles 15(1)(e), 16(1)(d), and 17(1)(d). Required training of workers for the handling of equipment;

–      Article 16(1)(a), (b) and (c), and (2). Transport, earth moving and materials-handling equipment;

–      Article 17(1) and (2). Plant, machinery equipment and hand tools;

–      Article 20. Cofferdams and caissons;

–      Article 21. Work in compressed air;

–      Article 22(1) and (3). Erection of structural frames and formwork; and

–      Article 23. Work over water.

Part VI of the report form. Application in practice. The Committee notes the 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.

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

The Committee notes with interest the detailed report submitted by the Government on the application of this Convention, including information on effect given to Articles 17(3), 29(1)(c), 31, and 32(3) of the Convention. It also notes the information that the national review of occupational safety and health legislation, including the development of instructions for occupational safety and health in construction and buildings, is still under way. The Committee welcomes the information regarding the further development and reorganization of the National Occupational Safety and Health Centre by Instruction No. 3 of 2009. 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 following specific comments.

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, 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 in 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 of 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 new information has been 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 workers with the right to remove themselves when they believe that there is serious danger, and the duty to inform their supervisor; and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 18, paragraphs 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, subparagraphs (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, subparagraph (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, paragraph 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, paragraphs 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, paragraph 1. Prevention measures for 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, paragraph 2. Prevention measures for 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, paragraph 3. Prevention measures for certain hazards. The Committee notes the Government’s indication that the prevention against certain hazards is contained in national legislation, including Occupational Safety and Health Instruction No. 22 of 1987, 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, paragraph 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 30, paragraph 3. Compliance with standards for protective equipment. The Committee notes the reference made to consultations to be made with the National Occupational Safety and Health Centre. The Committee requests the Government to specify if the National Occupational Safety and Health Centre is required to develop standards for protective equipment which take into account, as far as possible, ergonomic principles.

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, to the competent authority, of occupational accidents and diseases 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 this notification.

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(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(2) and (3). Safety at workplaces.

–           Article 14. Scaffolds and ladders.

–           Article 15(1)(a)–(d). Lifting appliances and gear.

–           Articles 15(1)(e), 16(1)(d), and 17(1)(d). Required training of workers for the handling of equipment.

–           Article 16(1)(a), (b) and (c), and (2). Transport, earth moving and materials-handling equipment.

–           Article 17(1) and (2). Plant, machinery equipment and hand tools.

–           Article 20. Cofferdams and caissons.

–           Article 21. Work in compressed air.

–           Article 22(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 the 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its report that new legislation, including revised occupational safety and health provisions in the Labour Code as well as instructions for occupational safety and health in construction and buildings was being prepared. The Committee welcomes this progress and requests the Government to transmit copies of this and any other relevant legislation as soon as it has been adopted to enable the Committee to evaluate how the Convention is applied in the country. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear”.

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not 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. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests 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. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that “labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility”, no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7. The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8II of the Code defining the worker as “anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision”, the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls 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 work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has 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 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4III(a) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It 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 their 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). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnels. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations. The Committee requests the Government to take the adequate measures to ensure that the levels of exposure to fumes, gases, vapours, dust or other impurities are maintained at levels which are not dangerous or injurious to health and are within the limits laid down by national legislation.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations 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, paragraph 1. The Committee notes the general provisions of section 108I(a) and (b), II of the Labour Code. It notes that, under section 108II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear”.

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not 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. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests 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. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that “labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility”, no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7. The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as “anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision”, the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls 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 work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has 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 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It 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 their 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). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnels. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations. The Committee requests the Government to take the adequate measures to ensure that the levels of exposure to fumes, gases, vapours, dust or other impurities are maintained at levels which are not dangerous or injurious to health and are within the limits laid down by national legislation.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations 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, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear”.

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not 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. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests 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. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that “labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility”, no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7.  The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as “anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision”, the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls 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 work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has 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 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It 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 their 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). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnels. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations. The Committee requests the Government to take the adequate measures to ensure that the levels of exposure to fumes, gases, vapours, dust or other impurities are maintained at levels which are not dangerous or injurious to health and are within the limits laid down by national legislation.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations 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, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

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 sent by the Government in its report.

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: "construction", "construction site", "workplace", "competent person", "scaffold", "lifting appliance" and "lifting gear".

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not 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. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests 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. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that "labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility", no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7.  The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as "anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision", the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls 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 work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has 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 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It 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 their 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). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnel. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations 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, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form.  The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in its report.

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: "construction", "construction site", "workplace", "competent person", "scaffold", "lifting appliance" and "lifting gear".

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not 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. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests 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. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that "labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility", no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7.  The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as "anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision", the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls 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 work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has 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 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It 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 their 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). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnel. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations 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, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 by the Government in its first report.

1. The Committee requests the Government to supply further information on the following points.

Article 5, paragraph 1, of the Convention. The Committee requests the Government to supply copies or extracts from programmes and plans adopted by the construction company committees.

Article 10. The Committee requests the Government to indicate the provisions laying down the right of workers (and not only workers' representatives) to participate in ensuring safe working conditions and to express views on the working procedures adopted.

Article 14. The Committee notes certain regulations which lay down the obligation of the employer to provide construction workers with scaffolds, lateral supports and mobile ladders (section 5, paragraphs 21 and 30, of the 1967 Instructions No. 22 on occupational safety and health). It requests the Government to indicate the specific national measures covering the construction, quality, safety and correct use of scaffolds, ladders and any other means of access to the workplace as well as those relating to inspection of scaffolds.

Article 15, paragraphs 1(a), (b), (c), (d) and 2. The Committee notes the Government's references in its report to the provisions of section 5(13) and (30) of the 1967 Instructions No. 22 on occupational safety and health concerning the employer's obligation to provide lifting appliances, to ensure that their cords, chains and ancillary gear are of sound mechanical construction, and to submit them to periodic examination by a technician. The Committee requests the Government to indicate the provisions governing the design, construction, installation, proper use, maintenance, examination and testing of lifting appliances and gear.

Articles 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes the Government's reference to section 4, paragraph III(a), of the 1967 Instructions No. 22 on occupational safety and health as giving effect to the provisions mentioned above. It notes that the provision cited of the national instrument provides only that the person responsible for occupational safety and health shall be competent to provide workers with training on the maintenance of lifting appliances. The Committee requests the Government to indicate the provisions according to which the appliances, machinery, plant and equipment listed in Articles 15, 16 and 17 of the Convention must be operated by workers who have received appropriate training.

Article 17, paragraph 3. The Committee notes the Government's reference to section 5(14), of the 1967 Instructions No. 22 on occupational safety and health which relates to steam boilers and various pressure plant and their gear as well as the checking to which they must be submitted annually. The Committee requests the Government to specify whether examination and testing of pressure plant and equipment are part of this annual check.

Article 26. The Committee notes the Government's reference to the provisions of section 5(12) of the 1967 Instructions No. 22 on occupational safety and health which lays down the obligation for the employer to ensure that workers are protected against the dangers of electricity. The Committee requests the Government to indicate the provisions covering the construction and assembly of electrical materials and installations and prescribing the steps taken, before construction is commenced and during the progress thereof, to ascertain the presence of, and to guard against, danger to workers from any live electrical cable or apparatus at the site. It also requests the Government to describe the technical rules and standards applied at the national level in regard to the laying and maintenance of cables.

Article 28, paragraphs 1, 2(a) and (b), and 3. The Committee notes the references to the provisions of the 1967 Instructions No. 22 on occupational safety and health, and particularly to the provisions relating to programmes and plans on occupational safety and health (section 4, paragraph II(e) of the Instructions). The Committee requests the Government to indicate the preventive measures taken or contemplated (in regard to those set out in paragraph 2(a) and (b) of this Article) with a view to avoiding exposure of workers to the hazards set out in paragraph 1. The Committee also requests the Government to describe the measures prescribed with a view to avoiding any danger where workers are required to enter an area in which there may be an oxygen deficiency.

2. The Committee requests the Government to communicate further information on the following points.

Article 5, paragraph 2. Paying due regard to the standards on occupational safety and health adopted by recognized international organizations in the field of standardization.

Article 8. Sharing of responsibility between two or more employers undertaking activities simultaneously at one construction site in regard to the application of prescribed safety and health measures.

Article 9. The need to take into account the safety and health of the construction workers in accordance with national laws, regulations and practice, during the design and planning of a construction project.

Article 11(a), (b) and (d). The duty of workers to cooperate as closely as possible with their employer in the application of the prescribed safety and health measures; to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work; to report to their supervisor, and to the workers' safety representative, any situation which could present a risk.

Article 12. The right of a worker to remove himself from danger when he has good reason to believe that there is a serious danger; the duty to inform his supervisor; the obligation of the employer to stop the operation and evacuate workers where there is danger.

Article 13, paragraphs 2 and 3. The provision and maintenance of means of access to and egress from all workplaces; precautions to protect persons present at or in the vicinity of a construction site.

Article 16, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of vehicles and earth-moving or materials-handling equipment; provision of access-ways and traffic control on constructions sites.

Article 17, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of plant, machinery and equipment, including tools.

Article 18. Height or slope of a structure prescribed by competent technical services; preventive measures where workers are required to work on or near roofs or fragile material.

Article 19(b), (c), (d) and (e). Adequate precautions taken in any excavation, shaft, earthworks, underground works or tunnel to guard against dangers arising from the fall of persons, materials or objects; to maintain any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health; to enable workers to reach safety in the event of fire, or an inrush of water or materials; to avoid risk to workers arising from possible underground dangers.

Article 20. Quality of the construction, suitability and soundness of cofferdams and caissons; provision of adequate means for workers to reach safety in the event of an inrush of water or materials; provisions regulating the supervision by a competent person during the construction, positioning, modification or dismantling of a cofferdam or caisson and the inspection of all cofferdams and caissons.

Article 21. Provisions regulating work in compressed air, the nature of prescribed medical examinations and supervision of the conduct of operations by a competent person.

Article 22, paragraphs 1 and 3. Provisions prescribing supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. Provisions regulating work done over or in close proximity to water.

Article 24. Precautions, methods and procedures adopted in accordance with national laws or regulations when demolition work is done; how it is ensured that the work shall be planned and undertaken only under the supervision of a competent person.

Article 27. Provisions governing the transport and handling of explosives and prescribing the necessary measures taken by a competent person to ensure that workers and other persons are not exposed to the risk of injury.

Article 29, paragraph 1(c). Appropriate measures taken by the employer to bring about a quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 3. Standards established by the competent authority for personal protective equipment and protective clothing taking into account as far as possible ergonomic principles.

Article 31. Arrangements to be made for ensuring the removal of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. Provision of separate sanitary and washing facilities for men and women workers.

Article 34. Provisions for the reporting to the competent authority within a prescribed time of occupational accidents and diseases.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its first report.

1. The Committee requests the Government to supply further information on the following points.

Article 5, paragraph 1, of the Convention. The Committee requests the Government to supply copies or extracts from programmes and plans adopted by the construction company committees.

Article 10. The Committee requests the Government to indicate the provisions laying down the right of workers (and not only workers' representatives) to participate in ensuring safe working conditions and to express views on the working procedures adopted.

Article 14. The Committee notes certain regulations which lay down the obligation of the employer to provide construction workers with scaffolds, lateral supports and mobile ladders (section 5, paragraphs 21 and 30, of the 1967 Instructions No. 22 on occupational safety and health). It requests the Government to indicate the specific national measures covering the construction, quality, safety and correct use of scaffolds, ladders and any other means of access to the workplace as well as those relating to inspection of scaffolds.

Article 15, paragraphs 1(a), (b), (c), (d) and 2. The Committee notes the Government's references in its report to the provisions of section 5(13) and (30) of the 1967 Instructions No. 22 on occupational safety and health concerning the employer's obligation to provide lifting appliances, to ensure that their cords, chains and ancillary gear are of sound mechanical construction, and to submit them to periodic examination by a technician. The Committee requests the Government to indicate the provisions governing the design, construction, installation, proper use, maintenance, examination and testing of lifting appliances and gear.

Articles 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes the Government's reference to section 4, paragraph III(a), of the 1967 Instructions No. 22 on occupational safety and health as giving effect to the provisions mentioned above. It notes that the provision cited of the national instrument provides only that the person responsible for occupational safety and health shall be competent to provide workers with training on the maintenance of lifting appliances. The Committee requests the Government to indicate the provisions according to which the appliances, machinery, plant and equipment listed in Articles 15, 16 and 17 of the Convention must be operated by workers who have received appropriate training.

Article 17, paragraph 3. The Committee notes the Government's reference to section 5(14), of the 1967 Instructions No. 22 on occupational safety and health which relates to steam boilers and various pressure plant and their gear as well as the checking to which they must be submitted annually. The Committee requests the Government to specify whether examination and testing of pressure plant and equipment are part of this annual check.

Article 26. The Committee notes the Government's reference to the provisions of section 5(12) of the 1967 Instructions No. 22 on occupational safety and health which lays down the obligation for the employer to ensure that workers are protected against the dangers of electricity. The Committee requests the Government to indicate the provisions covering the construction and assembly of electrical materials and installations and prescribing the steps taken, before construction is commenced and during the progress thereof, to ascertain the presence of, and to guard against, danger to workers from any live electrical cable or apparatus at the site. It also requests the Government to describe the technical rules and standards applied at the national level in regard to the laying and maintenance of cables.

Article 28, paragraphs 1, 2(a) and (b), and 3. The Committee notes the references to the provisions of the 1967 Instructions No. 22 on occupational safety and health, and particularly to the provisions relating to programmes and plans on occupational safety and health (section 4, paragraph II(e) of the Instructions). The Committee requests the Government to indicate the preventive measures taken or contemplated (in regard to those set out in paragraph 2(a) and (b) of this Article) with a view to avoiding exposure of workers to the hazards set out in paragraph 1. The Committee also requests the Government to describe the measures prescribed with a view to avoiding any danger where workers are required to enter an area in which there may be an oxygen deficiency.

2. The Committee requests the Government to communicate further information on the following points.

Article 5, paragraph 2. Paying due regard to the standards on occupational safety and health adopted by recognized international organizations in the field of standardization.

Article 8. Sharing of responsibility between two or more employers undertaking activities simultaneously at one construction site in regard to the application of prescribed safety and health measures.

Article 9. The need to take into account the safety and health of the construction workers in accordance with national laws, regulations and practice, during the design and planning of a construction project.

Article 11(a), (b) and (d). The duty of workers to cooperate as closely as possible with their employer in the application of the prescribed safety and health measures; to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work; to report to their supervisor, and to the workers' safety representative, any situation which could present a risk.

Article 12. The right of a worker to remove himself from danger when he has good reason to believe that there is a serious danger; the duty to inform his supervisor; the obligation of the employer to stop the operation and evacuate workers where there is danger.

Article 13, paragraphs 2 and 3. The provision and maintenance of means of access to and egress from all workplaces; precautions to protect persons present at or in the vicinity of a construction site.

Article 16, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of vehicles and earth-moving or materials-handling equipment; provision of access-ways and traffic control on constructions sites.

Article 17, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of plant, machinery and equipment, including tools.

Article 18. Height or slope of a structure prescribed by competent technical services; preventive measures where workers are required to work on or near roofs or fragile material.

Article 19(b), (c), (d) and (e). Adequate precautions taken in any excavation, shaft, earthworks, underground works or tunnel to guard against dangers arising from the fall of persons, materials or objects; to maintain any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health; to enable workers to reach safety in the event of fire, or an inrush of water or materials; to avoid risk to workers arising from possible underground dangers.

Article 20. Quality of the construction, suitability and soundness of cofferdams and caissons; provision of adequate means for workers to reach safety in the event of an inrush of water or materials; provisions regulating the supervision by a competent person during the construction, positioning, modification or dismantling of a cofferdam or caisson and the inspection of all cofferdams and caissons.

Article 21. Provisions regulating work in compressed air, the nature of prescribed medical examinations and supervision of the conduct of operations by a competent person.

Article 22, paragraphs 1 and 3. Provisions prescribing supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. Provisions regulating work done over or in close proximity to water.

Article 24. Precautions, methods and procedures adopted in accordance with national laws or regulations when demolition work is done; how it is ensured that the work shall be planned and undertaken only under the supervision of a competent person.

Article 27. Provisions governing the transport and handling of explosives and prescribing the necessary measures taken by a competent person to ensure that workers and other persons are not exposed to the risk of injury.

Article 29, paragraph 1(c). Appropriate measures taken by the employer to bring about a quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 3. Standards established by the competent authority for personal protective equipment and protective clothing taking into account as far as possible ergonomic principles.

Article 31. Arrangements to be made for ensuring the removal of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. Provision of separate sanitary and washing facilities for men and women workers.

Article 34. Provisions for the reporting to the competent authority within a prescribed time of occupational accidents and diseases.