Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.

General provisions

Application in practice of Convention No. 155. Following its previous comments, the Committee notes the statistics provided by the Government in its report and in the Annual Review of Workplace Injuries, Illnesses and Fatalities 2022–2023. According to those statistics, 10,096 non-fatal injuries were reported to the Health and Safety Authority (HSA) in 2023, which represents an increase of 11 per cent compared to 2022, and an increase of 15 per cent compared to the previous five-year average. In addition, 43 fatal work-related incidents were recorded in 2023, out of which 47 per cent occurred in agriculture, forestry and fishing. In this regard, the Committee notes the measures taken by the Government to financially support the agricultural sector, with a view to reducing workplace accidents, including financial contributions to purchase power take off shaft covers, as well as other measures, such as inspections, investigations, guidance provision, media campaigns, and working with key industry stakeholders. The Committee requests the Government to continue to provide information on the impact of measures taken with a view to reducing occupational accidents and diseases in the agricultural, forestry and fishing sectors. The Committee requests the Government to continue to provide statistics on occupational accidents and diseases in all sectors.

Protection against specific risks

Article 2 of Convention No. 139. Replacement of carcinogenic substances and agents. The Committee notes the Safety, Health and Welfare at Work (Carcinogens, Mutagens and Reprotoxic Substances) Regulations 2024, and, in particular, section 4(5) of the regulations placing obligations on employers to “reduce the use of a carcinogen, mutagen or reprotoxic substance at the workplace”. The Committee requests the Government provide further information on its efforts to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5.Medical examinations after the period of employment. Following its previous comments on this matter, the Committee notes the Government’s statement that national laws and regulations do not require employers to provide medical examinations after employment, and that such examinations are covered by the government-funded public healthcare system instead. The Government further indicates, regarding medical examinations or biological or other tests or investigations during employment, that the responsible medical practitioners can legally recommend health assessments to continue after the end of the exposure, for as long as they consider it necessary. The Committee requests the Government to provide further information on the application in practice of the system to supervise workers’ state of health in relation to past occupational hazards, including information on the role of the National Cancer Control Programme in this regard.

Protection in specific branches of activity

Article 3 of Convention No. 176. National policy. Following its previous comments, the Committee takes due note of the Government’s statement that the Safety, Health and Welfare at Work (Mines) Regulations, SI 133 of 2018, came into operation on 30 April 2018, consolidating regulations specific to mines into a single comprehensive document. The Committee takes note of this information, which addresses its previous request.

Article 5(4)(d). Waste produced at the mine. The Committee takes note of Regulations under Part 7 of the Safety, Health and Welfare at Work (Mines) Regulations, SI 133 of 2018, regarding the safe storage and transport of explosives and ANBI (substance assigned as ammonium nitrate blasting intermediate) at the mine. The Committee requests the Government to indicate the provisions in national laws and regulations which set out requirements for the safe disposal of waste produced at the mine.

Article 13(1)(b), (2)(c) and (3). Right of workers to request and obtain inspections and investigations to be conducted by the employer and the competent authority. Right of safety and health representatives to have recourse to independent experts. Procedure. Following its previous comments regarding the measures taken to give effect to Article 13(2)(c) and (3), the Committee notes that, according to the Government, there has been no change to the legislative requirements regarding this matter. The Committee recalls once again that, under Article 13(3), the procedure for the exercise of the rights under Article 13(1) and (2) shall be specified by national law and regulations, and through consultation between employers and workers and their representatives. The Committee requests the Government to indicate the measures envisaged to give full effect to Article 13, by ensuring that national laws and regulations provide the procedure for safety and health representatives to exercise their right to have recourse to advisers and independent experts (Article 13(2)(c)). In addition, the Committee requests the Government to indicate the provisions in national laws and regulations providing the procedure to exercise workers’ right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 5 of the Convention. Medical examinations after the period of employment. The Committee notes the Government’s indication in its report, in response to the Committee’s request on medical examinations after the period of employment that all citizens have access to various medical services, consultations and interventions, including supervision of their state of health in relation to past occupational hazards. The Government also refers to the National Cancer Control Programme, which provides for assistance in the prevention, early detection, diagnosis, treatment, monitoring and end-of-life care. The Committee requests the Government to provide more specific information on how it is ensured that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment. In this respect, it requests further information on the medical services referred to in the Government’s report related to the supervision of their state of health in relation to past occupational hazards.

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

Application of the Convention in practice. With reference to its previous comment concerning the measures taken to address the increase in fatalities in agriculture, forestry and fishing, the Committee notes the information provided by the Government that these sectors continued to be among the sectors with the highest fatality rates. The Government reports that the Health and Safety Authority (HSA) therefore carries out targeted inspection activities in agriculture, and that a great number of preventive and awareness-raising activities (including media campaigns, seminars, discussion groups, the involvement of rural promoters and interested stakeholders, lessons on OSH in agriculture and fishing in schools, etc.) have been undertaken to improve safety and health standards in these sectors. In this respect, the Committee also notes the Government’s reference to the online risk-assessment tools available to farmers, including those who are running small businesses. The Committee also notes with interest that the Government introduced the so-called “Farm Safety Scheme” under which farmers could apply (between October 2014 and January 2015) for financial assistance from the Government to help them improve safety standards, particularly through the purchase of safety equipment and tools. The Committee requests the Government to provide more information on the “Farm Safety Scheme”, including the number of applicants to whom financial assistance has been granted, and the safety measures taken at agricultural workplaces as a result. The Committee also requests the Government to provide information on the impact of all the activities referred to by the Government (targeted inspection visits, preventive activities, self-assessment online tools and the Farm Safety Scheme) in terms of improved safety standards at agricultural workplaces and reduced numbers of occupational accidents and diseases. In this respect, the Committee requests the Government to continue providing information on the numbers of occupational accidents and diseases in agriculture, forestry and fishing.

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

Article 3 of the Convention. Policy on safety and health in mines. With reference to its previous request concerning further developments with regard to the national policy on safety and health in mines in the context of periodical reviews undertaken thereof, the Committee notes that pursuant to section 43 of the Safety, Health and Welfare at Work Act, 2005, the Health and Safety Authority (HSA) develops a strategy statement specifying its key objectives, outputs and related strategies every three years. In this regard, the Committee notes the Government’s indication in its report that the current national policy on occupational safety and health is contained in the Strategy Statement 2016–18, which is implemented by the HSA through its annual Programme of Work. The Government indicates that in 2016, the HSA’s annual Programme of Work would have a particular focus on quarries. Moreover, the Committee notes the Government’s statement that the draft consolidated safety, health and welfare at work (mines) regulations, which were drawn upon by the HSA in consultation with workers’ and employers’ representatives, are currently under review by the Office of the Parliamentary Counsel to the Government. The Committee requests the Government to continue to provide information on any further developments regarding its national policy on safety and health in mines and, in particular, on the progress as regards the adoption of the draft safety, health and welfare at work (mines) regulations.

Article 4(2). Codes of practice. The Committee notes the information provided by the Government in reply to its previous request that the code of practice for operators of quarry delivery vehicles (employing three or less employees) was adopted in 2012 and that it is being extensively used within the sector. The Committee takes note of this information.

Article 13(2)(c) and (3). Right of safety and health representatives to have recourse to independent experts. Procedure. The Committee previously noted the indication of the Government that there was no restriction or exclusion to the possibility for safety and health representatives to have recourse to independent experts, while there was no specific legislative provision on this subject. The Committee recalls that under Article 13(3) the procedure for the exercise of this right shall be specified by national law and regulations, and through consultation between employers and workers and their representatives. The Committee requests the Government to provide information on the measures taken or envisaged to establish such a procedure.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes that schedule 4 of the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 sets out the practical recommendations for the health surveillance of employees, including keeping records of an employee’s medical and occupational history, and where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each employee who is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine. The Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes that schedule 4 of the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 sets out the practical recommendations for the health surveillance of employees, including keeping records of an employee’s medical and occupational history, and where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each employee who is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine. The Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application in practice. The Committee notes the detailed statistical information, disaggregated by sector, occupation, gender, age, nationality, injury and illness type, etc. contained in the Health and Safety Authority’s Summary of Workplace Injury, Illness and Fatality Statistics 2009–10. The Committee notes that the highest number of recorded fatalities in 2010 was in the agriculture, forestry and fishing sector and that the rate of fatalities per 100,000 workers in this sector has seen a significant increase in 2010 compared with previous years. The Committee requests the Government to provide further information on the measures taken or envisaged to address the increase in recorded fatalities in the agriculture, forestry and fishing sector, and to continue to supply information on the application of the Convention in practice.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to take due account of the Convention in the context of the framing of the new consolidated Mining Regulations and to provide information on progress in this respect.

Article 3. Policy on safety and health in mines. The Committee notes the Government’s stated intention to rationalize, consolidate and simplify its national legislation governing its quarries and underground mining activities by taking account of technical, economic and legislative changes and that the 2008 Quarries Regulations were drawn up by the HSA in consultation with the Quarries Sector Health and Safety Steering Committee involving all the major players and included public consultation. As previously noted, this legislation is based on a preventive approach placing duties on all persons involved in the place of work and allowing for fines of up to €3 million and/or imprisonment for two years. The Committee requests the Government to provide information on any further developments regarding its national policy on safety and health in mines in the context of periodical reviews undertaken thereof.

Article 4(2). Codes of practice. The Committee notes the considerations favouring the development of the specific and targeted code of practice for Operators of Quarry Delivery Vehicles (employing three or less employees), which reportedly is in the final stages of its preparation. The Committee requests the Government to provide information on progress as regards the adoption of this as well as other relevant codes of practice.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes the information that while there is no specific legislative provision specifically granting safety representatives the right to have access to independent experts, there are no restrictions of exclusions. The Committee requests the Government to take all relevant measures to ensure compliance with this provision and to provide information on progress in this respect.

Application of the Convention in practice. The Committee asks the Government to continue to provide information on the application of this Convention in practice, including further details of any analyses carried out as to the most significant measures contributing to the downward trend in the accident and fatality levels in this sector.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 8 of the Convention. The Committee notes the information provided by the Government, and in particular the reference to recent texts that have been adopted, including regulations and codes of practice issued under the Safety, Health and Welfare at Work Act, 2005, which give further effect to this provision of the Convention. The Committee invites the Government to continue to provide information on the application of Article 8 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the detailed information contained in the Health and Safety Authority’s Annual Reports and the publications summarizing workplace injury, illness and fatality statistics. The Committee in particular notes with interest the detailed statistical information, disaggregated by sector, occupation, gender, age, nationality, injury and illness type, etc. contained in the Health and Safety Authority’s Summary of Workplace Injury, Illness and Fatality Statistics 2009–10. The Committee notes that the highest number of recorded fatalities in 2010 was in the agriculture, forestry and fishing sector and that the rate of fatalities per 100,000 workers in this sector has seen a significant increase in 2010 compared with previous years. The Committee requests the Government to provide further information on the measures taken or envisaged to address the increase in recorded fatalities in the agriculture, forestry and fishing sector, and to continue to supply information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. The Committee notes that schedule 4 of the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 sets out the practical recommendations for the health surveillance of employees, including keeping records of an employee’s medical and occupational history, and where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each employee who is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine. The Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

Article 6(a). National legislation. The Committee notes the adoption of the Chemicals Act 2008, amended in 2010; the Safety, Health and Welfare (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006), amended in 2010 (S.I. No. 589 of 2010); and the Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011). In addition, the Government states that a classified list of biological agents relating to the Safety, Health and Welfare (Biological Agents) Regulations 1994 (S.I. No. 386 of 1994) (amended in 1998) is being updated and will be published in 2012, along with an associated guidance document and a code of practice. The Committee requests the Government to continue to provide information on the legislative measures adopted in application of the Convention.

Part IV of the report form. Application of the Convention in practice. The Committee notes that carcinogens were relevant in 24 percent of inspections by the Health and Safety Authority in 2010, but adequately addressed in only half of these. The Government has indicated that written advice was issued in all cases where risk assessments were deemed inadequate and remedial measures were reviewed prior to closing out inspections. The Committee welcomes the review of the Occupational Diseases Reporting System, commissioned by the Health and Safety Authority in 2007. The Government indicates that the review identified a weakness in the data regarding occupational cancers in that unless the cancer is unlikely to have a non-occupational cause, such as in the case of mesothelioma which is due to asbestos exposure, attribution of cancer to an occupational cause is difficult. The Committee requests the Government to continue to provide information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes the Government’s report, and the detailed information regarding undertaken and planned legislative changes. It notes the adoption of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008) (Quarries Regulations) consolidating all provisions relating to quarries; the revised General Application Regulations 2007; the Waste Management (Management of Waste from Extractive Industries) Regulations, 2009 (S.I. No. 566 of 2009); and the information that all legislation is publicly available on its website www.hsa.ie. It also notes the Government’s intention to consolidate all provisions relating to underground mining and that the Health and Safety Authority (HSA) has developed proposals for new draft consolidated Mines Regulations to similarly simplify and modernize mining legislation and which will allow for the revocation of the remainder of the Mines and Quarries Act, 1965 and Regulations. In addition, the Committee notes the information provided by the Government regarding effect given to Article 1(1)(b) of the Convention. The Committee invites the Government to continue to provide information on any relevant legislative changes concerning the application of the Convention.

Article 3. Policy on safety and health in mines. The Committee notes the Government’s stated intention to rationalize, consolidate and simplify its national legislation governing its quarries and underground mining activities by taking account of technical, economic and legislative changes and that the 2008 Quarries Regulations were drawn up by the HSA in consultation with the Quarries Sector Health and Safety Steering Committee involving all the major players and included public consultation. As previously noted, this legislation is based on a preventive approach placing duties on all persons involved in the place of work and allowing for fines of up to €3 million and/or imprisonment for two years. The Committee requests the Government to keep the Office informed of any further developments regarding its national policy on safety and health in mines in the context of periodical reviews undertaken thereof.

Article 4(2). Codes of practice. The Committee notes the detailed information provided regarding its efforts to ensure the availability of targeted and relevant codes of practice. It also notes the considerations favouring the development of the specific and targeted code of practice for Operators of Quarry Delivery Vehicles (employing three or less employees), which reportedly is in the final stages of its preparation. The Committee requests the Government to keep the Office informed of progress as regards the adoption of this as well as other relevant codes of practice.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes the information provided regarding sections 9(2)(b), 32(2)(c), 55(2)(c)(ii) and 61 of the Quarries Regulations and the Waste Management (Management of Waste from Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009) applicable to waste management in all extractive industries. As regards the safe transportation and disposal of hazardous substances used in the mining process, the Committee notes the reference to the older legislation which, as noted above, is in the process of being revised. The Committee requests the Government to take due account of the present provision in the context of the framing of the new consolidated Mining Regulations and to keep the Committee informed of progress in this respect.

Article 7(b). Safe decommissioning of mines. The Committee notes the information that the safe decommissioning of mines and quarries is generally dealt with under planning, licensing and environmental legislation, that risk assessments are required to identify any hazards related thereto, that section 9(2)(f) of the Quarries Regulations now requires that in the event of the permanent cessation of quarrying operations (which includes decommissioning), the quarry is left, so far as it is reasonably practicable, in a safe condition, and that the new consolidated Mines Regulations have a similar provision. The Committee requests the Government to take due account of the present provision in the context of the framing of the new consolidated Mining Regulations and to submit a copy of these Regulations once they have been adopted.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes the information that while there is no specific legislative provision specifically granting safety representatives the right to have access to independent experts, there are no restrictions of exclusions. The Committee requests the Government to take all relevant measures to ensure compliance with this provision and to provide information on progress in this respect.

Part V of the report form. Application of the Convention in practice. The Committee welcomes the priority afforded to the mining and quarry sector by the HSA. It also notes the decreasing number of fatalities and decreasing accident levels in this sector over the past ten years, and that while the Government considers that this has been in part influenced by the reduction in activities in the quarrying sectors, the drop in accident levels from 2006 onwards could be attributed to the new quarry regulations, the implementation of best practice throughout the sector, and the continued encouragement of safe systems of work, safe plant equipment and continued automation and mechanization, combined with increased competence of those working in the industry. The Committee asks the Government to continue to provide information on the application of this Convention in practice, including further details of any analyses carried out as to the most significant measures contributing to the downward trend in the accident and fatality levels in this sector.

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

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:

Repetition

The Committee takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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

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:

Repetition

Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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

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:

Repetition

The Committee notes the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

Article 1(1)(b) of the Convention. Definition of “mine”. The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term “mine” and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term “extractive industry”. The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of “mine” under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term “mine” under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

Article 4(2). Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

Article 5(4)(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13(2)(c) of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.

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 takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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:

Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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 the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

Article 1(1)(b) of the Convention. Definition of “mine”. The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term “mine” and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term “extractive industry”. The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of “mine” under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term “mine” under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

Article 4(2). Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

Article 5(4)(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

Article 13(2)(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13(2)(c) of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.

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

The Committee notes the detailed information contained in the Government’s report.

2. Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

3. Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

4. Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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

1. The Committee takes note of the Government’s report, including the annual report of the Health and Safety Authority for the year 2004. It notes that the Safety, Health and Welfare at Work Act came into force on 1 September 2005 repealing and replacing the Safety, Health and Welfare Act, 1989. It also notes that, as part of a rationalization programme of secondary legislation, various regulations made under the 1989 Act including those relating to carcinogens, chemical agents and biological agents, without substantive change, will be consolidated into a single combined text. The Committee notes that detailed guidelines on working with asbestos cement were published in June 2005. It also notes that the Health and Safety Authority has developed guidelines to the Chemical Agents Regulations, a short guide to the Chemical Agents Regulations and an information leaflet on risk assessment (as it relates to chemicals). The Committee proposes to examine the provisions of the Safety, Health and Welfare Act, 2005, and the aforesaid guidelines in its next session.

2. The Committee notes that the Health and Safety Authority is in the process of adopting guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001 (S.I. No. 78 of 2001). It also notes that proposals for new asbestos-specific regulations are being developed to give effect to Directive 2003/18/EC. It further notes that the Health and Safety Authority revised the 2002 code of practice on chemical agents and that it is expected to be published shortly. The Committee requests the Government to transmit copies of these regulations, guidelines and code of practice when adopted.

3. Article 5. Medical examination of workers. Noting that the Government has not provided information in respect of its previous comments seeking information on the particulars of the nature of the medical examination conducted pursuant to Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations, 2001, the prescribed tests and their frequency, the Committee once again requests the Government to provide this information.

4. Part IV of the report form. The Committee notes with interest the information contained in the annual report of the Health and Safety Authority for the year 2004. It notes that inspectors reviewed written risk assessments for chemicals and carcinogens in 2,279 inspections in 2004 and that the implementation of the relevant control measures was also reviewed, and that only 51 per cent of the units were found to be in full compliance. The Committee requests the Government to indicate the measures taken in this respect to improve compliance. The Committee notes that the work of carrying out risk assessments on new chemical substances was transferred to the 2005 Programme of Work. The Committee requests the Government to indicate the progress made in this regard. The Committee also requests the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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

1. The Committee notes the report of the Government and the information provided in response to its previous comments. It also notes that the Safety, Health and Welfare at Work Act, 2005, repeals and replaces the Safety, Health and Welfare Act, 1989, from 1 September 2005. The Committee proposes to examine the provisions of the Act in detail at its next session. In the meantime, the Committee requests the Government to provide clarification or supplementary information in respect of the following points.

2. Article 1, paragraph 1(b), of the Convention. Definition of "mine". The Committee notes that section 4 of the Mines and Quarries Act, 1965, defines the term "mine" and that Regulation 2 of the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997, defines the term "extractive industry". The Committee notes that according to these definitions it is not clear whether all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals are covered by the definition of "mine" under the Mines and Quarries Act, 1965. Therefore, please clarify whether the definition of the term "mine" under the said Act would include all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals.

3. Article 3. Policy on safety and health in mines. The Committee notes with interest the information that draft safety, health and welfare at work (quarries) regulations are being developed by the Quarries Sector Health and Safety Steering Committee and are expected to be adopted shortly. It also notes that the new regulations will be supported by extensive guidelines. It further notes that the Health and Safety Authority is developing proposals for new draft consolidated mines regulations to bring up to date the country’s mining legislation. Please indicate the present status of these processes and transmit copies of the regulations and guidelines, when adopted.

4. Article 4, paragraph 2. Codes of practice. The Committee notes the indication of the Government that a guidance document for workers’ representatives has been drafted and that a quarry safety calendar aimed at providing guidance to workers has also been produced. It also notes that the Health and Safety Authority intends to develop a code of practice for health and safety in quarries having three or fewer employees. Please indicate the progress made in this regard and transmit a copy of the code of practice, when adopted.

5. Article 5, paragraph 4(d). Safe transport and disposal of hazardous substances and waste. The Committee takes note of paragraphs 9, 14 and 23 of the second schedule to the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997. It also notes that the said schedule applies only to underground extractive industries. Therefore, please indicate the specific provisions of national legislation that require the safe disposal of wastes produced in surface mines. Also, please indicate the specific provisions of national legislation that require the safe transportation of hazardous substances used in the mining process and waste produced at mines.

6. Article 7(b). Safe decommissioning of mines. The Committee notes the indication of the Government that the issue of safe decommissioning of mines is not specifically dealt with in current legislation but that it would be taken into consideration while framing the new consolidated regulations. Please indicate the progress made in this regard.

7. Article 13, paragraph 2(c). Right of safety and health representatives to have recourse to independent experts. The Committee notes that section 25(2)(i) and (j) of the Safety, Health and Welfare at Work Act, 2005, enables safety and health representatives to receive advice and information from inspectors and to consult with other safety and health representatives in the undertaking. The Committee wishes to draw the attention of the Government to Article 13, paragraph 2(c), of the Convention which requires national legislation to grant safety and health representatives the right to have recourse to independent experts. Therefore, please indicate the measures taken or envisaged to grant this right to safety and health representatives under national laws and regulations.

8. Part V of the report form. Practical application of the Convention. The Committee notes that six fatal accidents occurred in mines and quarries in the country in the first ten months of the year 2005. It also notes the indication of the Government that through cooperation with the industry, the Health and Safety Authority hopes to eliminate the occurrence of serious and fatal accidents. The Committee invites the Government to indicate the measures taken in this regard and continue to provide statistics on the practical application of this Convention in the country.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report. It notes with interest the adoption of the Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 2001 (S.I. No. 619 of 2001) which provides practical guidance as to the observance of the provisions of the Regulations in relation to occupational exposure limit values for a range of chemical agents as listed in Schedule 1 of the Code, which came into effect on 1 April 2002 and replaced the "2001 Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 1994 (S.I. No. 445 of 1994)". The Committee notes that the 2001 Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations continues to be in conformity with Article 1 of the Convention. The Committee further notes the Government’s indication that the Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 2001 (S.I. No. 619 of 2001) will be revised by the National Authority for Occupational Safety and Health on a biennial basis. The Committee invites the Government to communicate a copy of the revised Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) once it had been adopted.

2. Article 5 of the Convention. The Committee notes the adoption of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) which replaces the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993 (S.I. No. 80 of 1993) and which continues to be in conformity with Article 5 of the Convention. The Committee notes that Regulation 12, paragraph 1, of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) provides for the detailed requirements related to health surveillance. According to Regulation 12, paragraph 1, of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) employers must ensure that health surveillance, where required, is made available prior to exposure and at regular intervals thereafter. The Committee requests the Government to provide particulars of the nature of the examinations, the prescribed tests and their frequency.

3. Part IV of the report form. The Committee notes with interest the findings contained in the Health and Safety Authority Annual Report, 2002. According to the report, the Authority significantly exceeded its targets for the processing of new substances notifications and exemptions due to a period of significant innovations in the pharmaceutical industry. Besides, the Authority was also involved in an extensive consultation on the new EU Chemicals Policy. The Committee further notes the information contained in the report concerning the inspections carried out and the outcomes of the cases, brought before the District and Circuit Courts, which were related to convictions under the Safety, Health and Welfare Act, 1989, and the Regulations adopted thereunder. The Committee invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

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

The Committee notes the Government’s first and second reports, which indicate that legislative and practical application is given to most of the provisions of the Convention. The Committee would be grateful if the Government would provide further clarifications on the following points.

Article 1, paragraph 1(b), of the Convention. Please indicate the provisions of national laws and regulations that include in the definition of a mine, all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities of exploration, extraction and preparation of minerals referred to in paragraph 1(a) of this Article of the Convention.

Article 5, paragraph 3. Please indicate the provisions of national laws and regulations requiring that the manufacture and transport of explosives and initiating devices at the mine shall be carried out by or under the direct supervision of competent and authorized persons.

Article 5, paragraph 4(d). Please indicate the provisions of national laws and regulations specifying the requirements for the safe transport and disposal of hazardous substances used in the mining process and waste produced at the mine.

Article 7(b). Please provide information on the necessary measures that are required to be taken by employers to ensure that the mine is decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 9(a). Please indicate the regulations adopted under section 28 and paragraph 2(e) of the Fourth Schedule of the Safety, Health and Welfare at Work Act in order to ensure that employers inform workers as required by this paragraph of Article 9 of the Convention.

Article 10(d). Please indicate the legislative or practical measures and procedures taken or established for the employer to ensure that all accidents and dangerous occurrences, as defined by national laws or regulations, are investigated and appropriate remedial action taken.

Article 13, paragraph 1(e). Please provide information on the provisions of national laws and regulations providing for the right of workers to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health.

Article 13, paragraph 2(c). Please indicate the provisions of national laws or regulations that provide for the rights of the safety and health representatives to have recourse to advisers and independent experts.

Article 13, paragraph 2(e). Please provide information on the legislative or other measures determining the procedures for exercising the right of the safety and health representative to consult with the competent authority.

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

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 1, paragraph 1, of the Convention. In its previous comment, the Committee noted the Government’s indication that the lists of substances, included as Appendix A and B to the 1993 Guidelines to the Safety, Health and Welfare (Carcinogens) Regulations, would be brought up to date on an annual basis by the National Health and Safety Authority. In response to its request, the Government has sent another copy of the 1993 Safety, Health and Welfare at Work (Carcinogens) Regulations, however, without its Appendices A and B, containing the list of carcinogenic substances. Moreover, the Government does not indicate whether the abovementioned Appendices have been updated as mentioned in its prior report. The Committee therefore would ask the Government to supply, with its next report, copies of the updated Appendices A and B to the abovementioned Regulations containing the list of substances which may cause a risk to the worker’s health because of their chemical, toxic or physical nature.

        Article 5. The Committee notes Regulation 15, paragraph 1(b), of the Safety, Health and Welfare at Work (General Application) Regulations, 1993, and Regulation 12, paragraph 1, of the Safety, Health and Welfare (Carcinogens) Regulations, 1993, providing for health surveillance of workers which includes medical examinations at regular intervals. It also notes the Government’s indication that these medical examinations are compulsory and that in the context of the medical examinations every employer is legally obliged to prepare a safety statement as well as a risk assessment as part of that safety statement (Regulation 10 of the Safety, Health and Welfare at work (General Application) Regulations, 1993). In this context it is explained that a safety statement is an employer’s programme in writing for safeguarding the health of the employees while they work. It represents the employer’s commitment to the employees’ health and safety, and it should therefore show the manner in which this objective is achieved, including the resources necessary for the maintaining and the reviewing of health and safety laws and standards. A risk assessment consists in a careful examination of the place of employment to ascertain what could cause harm to employees in order to take effective preventive measures. In addition to these preventive measures, the Government indicates that the employer is also obliged to monitor the health of workers who may be exposed to hazards to their health. The frequency of these medical examinations depends on the nature of the job performed and the level of risk involved and must therefore be carried out as often as necessary. In this regard, the Committee notes the provision of Regulation 12, paragraph 1(a), in conjunction with its paragraph 2(b) of the 1993 Safety, Health and Welfare (Carcinogens) Regulations, which to the Committee’s understanding, leaves the decisions concerning the frequency of medical examination up to the responsible medical practitioner. The Committee nevertheless requests the Government to confirm that it is the responsible medical practitioner who may decide on the necessity and consequently on the frequency of carrying out medical examinations. It further asks the Government to indicate whether there is a minimum number of medical examinations that must be carried out within a specific period of time during the employment and thereafter, irrespective of the level of risk inherent in the job performed.

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

The Committee notes the information provided by the Government in its reports. It would be grateful if the Government would provide information on the following points.

Article 3(e) of the Convention- whether, in the occupational safety and health arrangements, the term "health", in relation to work, indicates not merely the absence of disease or infirmity but also includes the physical and mental elements affecting health that are directly related to safety and hygiene at work.

Article 5(e)- whether the national policy on occupational safety and health takes into account the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 11(b)- whether health hazards due to the simultaneous exposure to several substances or agents are taken into consideration when the competent authority or authorities ensure the carrying out of the function of determination of work processes and substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control.

Article 11(c)- whether procedures are established and applied for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned.

Article 13- the legislative or other provisions that ensure that a worker who has removed himself from a work situation that he has reasonable justification to believe presents an imminent and serious danger to his life or health is protected from undue consequences.

Article 17- the legislative or other provisions requiring collaboration between two or more undertakings engaged in activities simultaneously at one workplace, in applying the requirements of the Convention.

Article 18- the legislative and other provisions requiring that employers are to provide for first-aid arrangements.

Article 19(d)- the measures taken to ensure that arrangements exist at the level of the undertaking for the representatives of workers in the undertaking to be given appropriate training in occupational safety and health. 

Article 19(e)- the measures taken to ensure that there are arrangements at the level of the undertaking for workers to inquire into, and to be consulted by the employer on, all aspects of occupational safety and health associated with their work; and for this purpose, for the possibility that technical advisers to be brought in from outside the undertaking, by mutual agreement.

Article 19(f)- the measures taken to ensure that the employer is under an obligation not to require the worker to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 20- information on the practical implementation of the cooperation between management and workers and/or their representatives within undertakings.

Article 21- the legislative or other provisions whereby occupational safety and health measures are not to involve any expenditure for workers.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 1, paragraph 1, of the Convention.  In its previous comment, the Committee noted the Government’s indication that the lists of substances, included as Appendix A and B to the 1993 Guidelines to the Safety, Health and Welfare (Carcinogens) Regulations, would be brought up to date on an annual basis by the National Health and Safety Authority. In response to its request, the Government has sent another copy of the 1993 Safety, Health and Welfare at Work (Carcinogens) Regulations, however, without its Appendices A and B, containing the list of carcinogenic substances. Moreover, the Government does not indicate whether the abovementioned Appendices have been updated as mentioned in its prior report. The Committee therefore would ask the Government to supply, with its next report, copies of the updated Appendices A and B to the abovementioned Regulations containing the list of substances which may cause a risk to the worker’s health because of their chemical, toxic or physical nature.

Article 5.  The Committee notes Regulation 15, paragraph 1(b), of the Safety, Health and Welfare at Work (General Application) Regulations, 1993, and Regulation 12, paragraph 1, of the Safety, Health and Welfare (Carcinogens) Regulations, 1993, providing for health surveillance of workers which includes medical examinations at regular intervals. It also notes the Government’s indication that these medical examinations are compulsory and that in the context of the medical examinations every employer is legally obliged to prepare a safety statement as well as a risk assessment as part of that safety statement (Regulation 10 of the Safety, Health and Welfare at work (General Application) Regulations, 1993). In this context it is explained that a safety statement is an employer’s programme in writing for safeguarding the health of the employees while they work. It represents the employer’s commitment to the employees’ health and safety, and it should therefore show the manner in which this objective is achieved, including the resources necessary for the maintaining and the reviewing of health and safety laws and standards. A risk assessment consists in a careful examination of the place of employment to ascertain what could cause harm to employees in order to take effective preventive measures. In addition to these preventive measures, the Government indicates that the employer is also obliged to monitor the health of workers who may be exposed to hazards to their health. The frequency of these medical examinations depends on the nature of the job performed and the level of risk involved and must therefore be carried out as often as necessary. In this regard, the Committee notes the provision of Regulation 12, paragraph 1(a), in conjunction with its paragraph 2(b) of the 1993 Safety, Health and Welfare (Carcinogens) Regulations, which to the Committee’s understanding, leaves the decisions concerning the frequency of medical examination up to the responsible medical practitioner. The Committee nevertheless requests the Government to confirm that it is the responsible medical practitioner who may decide on the necessity and consequently on the frequency of carrying out medical examinations. It further asks the Government to indicate whether there is a minimum number of medical examinations that must be carried out within a specific period of time during the employment and thereafter, irrespective of the level of risk inherent in the job performed.

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

The Committee notes the information supplied in the Government's first report. It would welcome additional information on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes the lists of substances, included as Appendix A and B to the Guidelines to the Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993, which, because of their chemical, toxic or physical nature, may cause a risk to health. It also notes that the National Health and Safety Authority will update these lists on an annual basis. Finally, it notes the Safety, Health and Welfare at Work (Control of Specific Substances and Activities) Regulations of 1991. The Committee would be grateful, if the Government would supply, with its next report, copies of these Regulations for further examination.

Article 5. The Committee notes that Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993 requires an appropriate health surveillance of workers exposed to carcinogenic substances. It also notes the explanation given by the Guidelines to these Regulations, according to which health surveillance may include a medical examination. Depending on the carcinogen to which the worker is exposed, it can include self-examination or questionnaires, record-keeping, biological monitoring and medical examination. The Committee would point out that Article 5 of the Convention calls in particular for medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health. The Committee would therefore request the Government to indicate, in its next report, whether the medical examinations provided for in Regulation 12, paragraph 1, of the Safety, Health and Welfare at Work (Carcinogens) Regulations are obligatory. It would also ask the Government to supply information on the frequency of these medical examinations.