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Repetition Article 4 of the Convention. National policy. With reference to its previous request for information on the periodic review of the national policy on occupational safety and health (OSH), the Committee notes the information provided by the Government regarding the legislative framework on OSH in the country. In this regard, the Committee recalls that a national policy can be formalized in many different ways, depending on the national situation and practice, including through a comprehensive legislative framework accompanied by an ongoing tripartite process for the review of this framework. The Committee therefore requests the Government to provide information on any measures taken to periodically review the OSH legislative framework in the country, in consultation with the most representative organizations of employers and workers.Application of the Convention in practice. The Committee notes the information provided by the Government in response to its previous request regarding the number of occupational accidents for the period from June 2010 to May 2015. The figures presented show in general stability in the number of occupational accidents reported during the cited period and a limited increase in the number of occupational accidents in the fishing, transportation and public administration sectors. The Government indicates that the increase in the number of accidents in those sectors should be understood as a result of a prompt reporting process including the possibility to report electronically and of a better awareness of the importance of reporting. The Committee notes that the Administration for Occupational Safety and Health (AOSH) has been conducting campaigns aimed at reducing occupational accidents in these sectors. In addition, the Committee notes the statistical information provided by the Government on the improvement notices issued and that the total number of notices declined from 86 in 2010 to 72 in 2014. However, it notes the Government’s indication that this is due to the decreased number of inspectors. The Committee requests the Government to provide information on further measures taken to progressively reduce the number of occupational accidents in the country. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee also requests the Government to take measures to ensure the effective enforcement of OSH standards, including by ensuring that there are a sufficient number of labour inspectors for all sectors.
Repetition The Committee notes the Government’s first report. Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes the Government’s indication in its report that the Ministry of Social Affairs and Labour operates a special consultative committee comprising of representatives of the Icelandic Confederation of Labour and the Confederation of Icelandic Employers, and a representative from the Ministry. The Icelandic Tripartite ILO Committee is responsible for monitoring the implementation by the Government of the ILO Conventions that have been ratified and for assessing whether further Conventions could be ratified. The Committee requests the Government to indicate whether specific consideration has been given to the respective OSH Conventions of the ILO and to provide information on the outcome of the consultations held with the social partners in this respect.Article 3. National OSH policy. Considering that Iceland has ratified the Occupational Safety and Health Convention, 1981 (No. 155), the Committee refers to its comments adopted under Convention No. 155. Article 4(1). Periodical review of a national OSH system in consultation with the social partners. The Committee notes the periodic amendments to the Act on Working Environment, most recently in 2018. The Committee also notes the Government’s indication that since 2020 a task force, comprised of representatives of the organizations of the social partners has been working at the Administration of Occupation Safety and Health (AOSH) to address environmental risk factors, aiming at raising awareness of the importance of preventive measures to avoid injuries and encouraging risk assessment and the adoption of effective preventive measures. Furthermore, the AOSH has a pilot group and a consultative committee with a tripartite board working on safety and health issues, aiming to ensure that developments on the domestic labour market are followed closely. The Committee requests the Government to provide further information on the measures taken to periodically review the national OSH system, including institutional arrangements for this review, and on the outcome of the consultations held with the social partners in this regard.The Committee requests the Government to provide information regarding the work of the task force on environmental risk factors, as well as the work of the pilot group and the consultative committee working on safety and health issues.Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy.The Committee requests the Government to provide information on the existing or envisaged support mechanisms for progressively improving occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.Article 5(1) and (2)(d). National OSH Programme. Objectives, targets and indicators of progress. The Committee notes the Government’s indication that the AOSH adopted a Strategy for 2019 until 2023, and it notes the subsequent adoption of a new Strategy for the period 2022-2028. The Committee notes that the Government provides no information on any indicators of progress or measurable targets for the Strategy of the Occupational Safety and Health Administration for 2019-2023 and for 2022-2028. The Committee recalls that in its 2017 General Survey, Working together to promote a safe and healthy working environment, paragraphs 147–153, it stressed the importance of evaluating the past performance of national OSH programmes using a methodology based on clear targets and indicators of progress. The Committee requests the Government to provide information on the implementation of the Strategy of the Occupational Safety and Health Administration for 2022-2028, including the activities carried out and the results achieved within its framework.It requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers in the Strategy’s formulation, implementation, monitoring and evaluation. Lastly, the Committee requests the Government to provide information on the targets or indicators of progress in the Strategy of the Occupational and Safety and Health Administration for 2022-2028 that make it possible to evaluate to what extent the objectives of the Strategy are being achieved, in line with Article 5(2)(d) of the Convention. Article 5(2)(e). Complementary national programmes. The Committee requests the Government to provide information on any programmes or plans complementary to the Strategy of the Occupational and Safety and Health Administration that assist in achieving progressively a safe and healthy working environment.Article 5(3). Publicizing the national programme. The Committee notes that the Strategy of the Occupational Safety and Health Administration 2022-2028 is published in the Government’s website. However, the Government does not provide information as to how the national programme is widely publicised. The Committee requests the Government to provide information regarding the manner in which the Government ensures that its national programme is widely publicized, in accordance with Article 5(3) of the Convention.
The Committee notes with interest the information provided by the Government on effect given to Article 2(2) of the Convention by virtue of Regulation No. 430/2007 on prohibition of the use of asbestos, Regulation No. 325/2007 on the retail sale of tobacco, and Regulation No. 326/2007 on the limitation of tobacco smoking. The Committee requests the Government to provide copies of the legislation referred to including copies in English if available.
Article 6(c) of the Convention. Inspection. With reference to its previous comments, the Committee notes the Government’s response and quantitative information. The Committee also notes that the Administration of Occupational Health and Safety (AOHS) inspects workplaces on the basis of four hazard levels, with the top being in industries such as chemical and construction. The Committee further notes that, in 2006, the AOHS gave 5,091 notices whilst, more recently, in 2008, the AOHS gave 6,261 notices. The Committee requests the Government to provide information on the reason for the increase in the level of notices and to provide further information on measures taken or envisaged so as to address this aspect.
Part IV of the report form. Practical application of the Convention. The Committee notes the information provided by the Government in that, based on the information from the register, 29 cases of mesothelioma were diagnosed from 1959 to 1998, and 20 cases from 1999 to 2008. The Committee also notes the information that the Government has no information to establish whether those cases were due to occupational exposure to asbestos, yet the likelihood of causality is great. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice in the country, including available statistical information.
The Committee notes the Government’s reply in regard to the effect given to Articles 7, 16 and 18 of the Convention. The Committee also notes with interest the adoption of Regulation No. 920/2006 on the organization and implementation of health and safety at workplaces, including detailed provisions concerning risk assessment which give further effect to the Convention. The Committee requests the Government to provide copies of the new legislation and to keep it informed of any further developments.
Article 4 of the Convention. National policy. The Committee refers to the provisions in this Article regarding a periodical review of the national policy on occupational safety and health in the country. The Committee asks the Government to provide further information on any periodical reviews undertaken, informed by an analysis of past performance, and the outcome of any such reviews.
Part V of the report form. Statistical information. The Committee notes the Government’s statistical information, in particular, that the figures presented show that from 2000 to 2003 occupational accidents reported ranged from 960 to 1,070 for men and from 385 to 435 for women, whilst the most recent data in 2009 shows 972 men and 409 women were involved in occupational accidents. This highlights that the number of occupational accidents in 2009 are similar to that of 2000. The Committee further notes that the percentage of severe injury has remained relatively stable. The Committee requests the Government to provide information on measures taken or envisaged so as to decrease the number of occupational accidents and severe injuries in all industries. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.
1. The Committee notes the detailed information in the Government’s reports, including the information on new legislation up to and including Regulation No. 1001/2004, as well as the statistical information provided in reply to the request in Part V of the report form. The Committee notes with interest that the Government’s report responds to the Committee’s previous requests in regard to Articles 1, 4, 6, 8, 11, 12, 13, 15, 16 and 17 of the Convention. The Committee requests the Government to provide further information on the following points:
2. Article 7 of the Convention. Risk assessment. The Committee notes with interest Act No. 68/2003 that requires the carrying out of a risk assessment in the workplace. It notes the Government’s indication that it proposes to give special attention to activities where workers are exposed to greater safety and health risks than other workers and that further detailed rules to govern the preparation of risk assessments are being developed. The Committee requests the Government to provide additional information on the application in practice of these efforts and on progress regarding the development of detailed rules for the preparation of risk assessments.
3. Article 16, paragraph 3. Personal protective equipment. The Committee notes that the Government refers to Regulations Nos. 580/1995 on machinery and technical equipment and 591/1995 on workplace housing in regards to the application of Article 16 of the Convention. The Committee notes, however, that it remains unclear whether the legislation referred to contain an obligation for the employers to provide, where necessary, adequate protective equipment to workers as required in Article 16, paragraph 3. The Committee would be grateful if the Government would specify the relevant legislative provisions regulating the obligation for employers to provide adequate protective equipment to workers in compliance with the Convention.
4. Article 18. Measures to deal with emergencies. The Committee notes the Government’s statement that Act No. 46/1980 provides for measures to deal with emergencies and accidents and measures to be taken by the employers or the safety representatives and to Regulation No. 547/1996 on working environment health and safety in construction sites and other temporary construction work that contains provisions on measures against emergencies. The Committee also notes the Government’s statement that regulations on risk assessment is currently being examined, which will include provisions on requirements for emergency plans. The Committee requests the Government to provide further information on the progress of this draft and trusts that it will contain provisions requiring employers to provide, where necessary, for measures to deal with emergencies and accidents, including adequate first aid arrangements in compliance with this Article of the Convention.
5. Part V of the report form. Statistical information. The Committee notes the information regarding a rise in the number of accidents in the workplace. It further notes the view of the Administration of Occupational Safety and Health that the reason for this development is an increase in the reporting of accidents, rather than in the number of actual accidents. The Committee requests the Government to continue to provide relevant statistical data regarding the accident rate in the workplaces, including, as appropriate, a more detailed analysis of the causes for the increase in the accident rate.
1. The Committee notes the Government’s report, including the addendum thereto containing information in response to its previous comments and the appended laws. It notes with interest that Regulations No. 98/2002 on the protection of workers from the risks related to exposure to carcinogens and mutagens at work have repealed and replaced Regulations No. 621/1995. It notes that the new regulations have a wider scope and apply to all activities where workers are exposed to, or run the risk of being exposed to, substances that may cause mutations. It also notes with interest that the new Tobacco Control Act No. 6/2002 entered into force on 31 January 2002. The Committee notes the indication of the Government in response to its previous comments that no special campaign on the registration and monitoring of the use of carcinogenic substances as was planned, has in fact taken place.
2. Article 2, paragraph 2, of the Convention. Reduction of exposure of workers to carcinogenic substances and agents. (a) Exposure to asbestos. The Committee notes with interest the indication of the Government that in March 2005, the Administration of Occupational Safety and Health Board had drafted regulations prohibiting the use of asbestos in workplaces. It notes that the draft regulations provide for exemptions from this rule only in the case of demolition of buildings, machines and other material that contain asbestos and that when an exemption is made on this ground, the prescribed maximum permissible concentration of asbestos fibres in the atmosphere in workplaces should not be exceeded. It also notes the indication of the Government that, under the draft regulations, exemptions are no longer permissible for the purpose of repair of buildings or machines. The Committee requests the Government to indicate whether the said regulations have been adopted and, if so, to transmit a copy of the said regulations, with a translation in English, if available. It also requests the Government to indicate the prescribed maximum permissible concentration of asbestos fibres in the atmosphere in workplaces when the aforesaid exemption is applicable.
(b) Exposure to tobacco smoke. The Committee notes with interest that the Tobacco Control Act No. 6/2002 requires a special permit from the board of health of the relevant region for the retail sale of tobacco, prohibits all kinds of advertising of tobacco and smoking accessories in the country and prohibits smoking in certain areas. The Committee requests the Government to indicate whether any regulations regarding the implementation of the Act have been issued pursuant to section 16 of the Act and, if so, to transmit a copy of the said regulations with a translation in English, if available. It also requests the Government to provide information on the practical application of the provisions of the Act.
3. Article 6, paragraph (c). Inspection. The Committee notes the explanation of the Government in response to its previous comments that inspectors decide on a case-by-case basis whether measurement of hazardous substances should be carried out. The Government has indicated that companies involved in the most hazardous type of activity are inspected on an annual basis and that inspectors may request a measurement of hazardous substances if the company is using any faulty or damaged equipment or if improper use, handling and storage of chemicals etc. is found during the inspection. In addition, in between routine inspections, if concerns were raised about the use of chemicals in a company, it would result in an inspection. In the light of the Government’s statement that companies involved in "the most hazardous type" of activity are inspected on an annual basis, the Committee requests the Government to indicate the nature of activities that are considered to be of "the most hazardous type". It also requests the Government to provide further information in respect of the nature of inspections carried out, the nature of contraventions generally found and the measures taken in this respect, and to provide extracts from relevant inspection reports.
4. Part IV of the report form. Practical application of the Convention. The Committee notes the indication of the Government in response to its previous comments that the 22 cases of mesothelioma diagnosed between 1965 and 2000 have not yet been investigated in depth so as to determine whether they are directly related to the occupational handling of asbestos. The Committee requests the Government to indicate whether any further cases of mesothelioma concerning workers who have been occupationally exposed to asbestos have been diagnosed since the year 2000. It also requests the Government to provide information in respect of the number of cases between the years 1965 and 2000 that were related to workers who were occupationally exposed to asbestos. The Committee also requests the Government to continue to provide information disaggregated by sex, if possible, on the practical application of the Convention in the country.
The Committee notes the Government’s report. With reference to its previous comments, it draws the Government’s attention to the following points.
1. Article 1, paragraphs 1 and 3, of the Convention. The Committee notes with interest the Government’s indication that new Regulations on carcinogenic substances are in preparation which are intended to replace Regulations No. 621/1995 on the same subject. It therefore requests the Government to supply a copy of the new Regulations once they have been adopted.
2. Article 2, paragraph 1. The Committee notes the adoption of Regulations No. 379/1996 on asbestos, amending Regulations No. 75/1983 on asbestos, the adoption of Regulations No. 870/2000 on restriction on importation and use of asbestos, amending Regulations No. 74/1983 on the same subject, as well as the adoption of Regulations No. 154/1999 on occupational limit values for pollution and action to reduce pollution at work, amending Regulations No. 401/1989 on threshold limit values. It notes the Government’s explanations as to the objectives of each of the regulations and on the measures to be taken in consequence pursuant to these regulations. The aim of the two regulations on asbestos is to restrict the use of asbestos and to prevent pollution and damage to health resulting from its use. For this purpose, the Government indicates that Regulations No. 870/2000 on restriction on importation and use of asbestos contain a general rule that asbestos and products containing asbestos are not to be imported, manufactured, sold, used or handled. However, Regulations No. 154/1999 on occupational limit values for pollution and action to reduce pollution at work provide for exceptions that might be granted from this principle in certain cases by the Administration of Occupational Safety and Health, that is the maintenance or reparation of buildings, machines or other equipment necessary to preserve their value, however, under the condition that the use of other less harmful materials is not possible. The Government adds that exemptions granted for the use of asbestos are generally limited to cases in which it cannot be replaced "reasonably" by another substance. Moreover, the handling of asbestos is permitted in relation with demolition work of buildings or equipment upon approval of the Administration of Occupational Safety and Health after a workplan has been submitted to the latter. In this case, the above Regulations No. 154/1999, although they are not exclusively applicable to asbestos, prescribe measures to be taken to minimize the pollution generated by the handling of asbestos as well as the measurement and the handling of asbestos waste. The Committee, noting the Government’s indications, requests the Government to specify the way the term "reasonably" is legally defined and to indicate the criteria applied to this effect, i.e. to explain whether the feasibility to substitute asbestos represents the sole criterion or whether other factors such as economic considerations might represent a decisive momentum in this regard.
The Committee finally notes the Government’s indication that a new Anti-Smoking Act No. 95/2001 has been approved by Parliament, amending Anti-Smoking Act No. 74/1984. According to the Government, the innovations of this new Act consist in the inclusion of provisions providing for: the determination of the maximum level of harmful substances in tobacco and tobacco smoke; the interdiction of smoking in all premises to which the public has access and in which cultural and society functions are carried out, in particular tighter restrictions on the permission to smoke in restaurants; and the confirmation of the employer’s obligation to ensure that the worker’s right to work in a smoke-free environment is respected. The Committee accordingly requests the Government to supply a copy of the new Anti-Smoking Act for further examination once it is promulgated.
3. Article 3. In its previous comments, the Committee had noted the Government’s indication that a special campaign on the registration and monitoring of the use of carcinogenic substances was planned, since no register concerning the number of workers covered by the legislation was set up. Since the Government’s report does not contain any information in this respect, the Committee requests the Government to indicate whether this campaign has taken place in the meantime and, if that is the case, to provide information on its outcome.
4. Article 6(c) and Part IV of the report form. The Committee notes the Government’s indication that the Administration of Occupational Safety and Health inspects the workplaces on a routine basis. The Government further indicates that measurements of hazardous substances in the workplace are rarely conducted, i.e. only in cases where there are concrete grounds to suppose that regulations are not respected. The Committee accordingly requests the Government to specify the indicators conducting the inspectors to the conclusion that regulations are infringed and therefore the measurement of hazardous substances is to be carried out in the workplace. The Committee further notes that, according to the Iceland cancer registry, between the years 1965 and 2000, a total number of 22 men and seven women were diagnosed of being affected by the disease mesothelomina, of which ten cases have been reported since 1995. However, the interrelationship between the disease and the occupational exposure of these persons to asbestos is not known. The Committee, noting this information, requests the Government to indicate whether these cases are analysed in order to determine whether or not the above disease was induced by their exposure to asbestos in the course of their work. Moreover, it invites the Government to continue to supply information on the practical application of the Convention in the country.
The Committee notes the information supplied in the Government's report. It requests the Government to provide additional information on the following points.
Article 1, paragraphs 1 and 3, of the Convention. The Committee notes the Government's indication that Regulations No. 74/1983 "Prohibiting the importation and use of asbestos" are still in force, but that these Regulations are currently under revision in order to bring it into conformity with EBE Directive No. 80/1107 on the "Protection of workers against asbestos-related hazards at workplaces".
The Committee notes the Government's indication that Regulations No. 401/1989 on "Pollution levels and measures to reduce pollution as regards asbestos" apply in cases where exemptions were granted from the prohibition of importation and use of asbestos set out in Regulations No. 74/1983, and that Regulations No. 401/1989 do not authorize automatically the use of asbestos even if the pollution is kept below the concentration limits. The Committee would draw the Government's attention to the existing contradiction between Regulations No. 74/1983 providing for prohibition of the importation and use of asbestos and the Regulations on "Threshold limit values" in conjunction with Regulations No. 401/1989 on "Pollution levels and measures to reduce pollution as regards asbestos" permitting the use of asbestos under certain conditions. The Committee requests the Government to indicate whether the revised draft of Regulations No. 74/1983 provide for permission of the use of asbestos under certain conditions in the light of the later adopted Regulations No. 401/1989 and Regulations on "Threshold limit values" being in effect since 1990. It also would ask the Government provide a copy of EBE Directive No. 80/1107 with which Regulations No. 74/1983 should be brought into line. It requests the Government to provide a copy of the adopted text of the revised Regulations No. 74/1983 and also a copy of Regulations No. 401/1989.
The Committee notes with satisfaction the Government's indication that it is assumed to determine carcinogenic substances in intervals of two to three years taking into account the reports of the International Agency for Research on Cancer (IARC).
Article 2, paragraph 1. The Committee notes that Regulations No. 621/1995 concerning work with carcinogenic substances, which also apply to substances listed in categories A and B of Regulations No. 401/1989, provide, in their article 5, for a reduction of the use of carcinogenic substances at workplaces by using other less harmful substances instead, according to the technical realistic feasibility. The Committee requests the Government to indicate the criteria according to which the technical realistic feasibility concerning the replacement of carcinogenic substances by less harmful substances is stated. It also requests the Government to supply information on the practical application of this provision.
Article 4. The Committee notes the Government's indication that a special campaign on the registration and monitoring of the use of carcinogenic substances is planned, since no register concerning the number of workers covered by the legislation is set up yet. The Committee requests the Government to provide information on every progress made in this respect.
Point III of the report form. The Committee notes the Government's indication that no judicial decisions on the application of the provisions of the Convention have been taken.
Point IV of the report form. The Committee notes with satisfaction the information provided by the Government according to which in practice only nine exemptions from the prohibition of importation and use of asbestos have been granted by the Occupational Safety and Health Administration since 1991. It also notes with satisfaction that no occupational diseases related to carcinogenic substances have been recorded in recent years.
The Committee notes the detailed information provided by the Government in its report, in particular the measures taken in order to give effect to Articles 5(e), 11(c) and (e) and 14 of the Convention.
The Committee requests the Government to supply clarifications on the following points:
Article 1, paragraph 3, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that no new development has occurred with respect to the branches excluded from the Convention (air traffic, maritime fishing and shipping and diving). It requests the Government to supply information on any progress made towards wider application of the Convention to such excluded branches.
Article 8. The Committee notes from the Government's report the list of regulations issued by the Ministry of Social Affairs under sections 34 and 38 of the Working Environment, Health and Safety in the Workplace Act (LWEHSW), No. 46 of 1980. The Government is requested to supply a copy of these regulations. Noting that the Administration of Occupational Safety and Health (AOSH) is drafting regulations on the minimum safety and health requirements for workplaces under section 43 of Act No. 46 of 1980, the Committee requests the Government to provide a copy of the future regulations once they have been adopted.
Article 11(a) and (b). The Committee notes from the Government's report that the content of this Article of the Convention and, in particular, of subparagraph (a) is being dealt with in the draft regulations on the minimum safety and health requirements for workplaces. The Committee hopes that the mentioned text would give effect to all the provisions of this Article.
The Committee also notes from the Government's report that, in conformity with subparagraph (b) of this Article, codes of practice have been drawn up on the transport over land of hazardous goods, and on the transport of such goods in ports. The Government is requested to provide a copy of the text, once it has been adopted, and to supply a copy of the instructions issued by the AOSH, in accordance with section 51 of Act No. 46 of 1980, concerning the production and the treatment of substances and goods which can be dangerous and thus be prohibited, limited or made subject to authorization or control.
Article 13. Concerning the protection from undue consequences of a worker removing himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health, the Government indicates that Act No. 46 of 1980 contains no provisions protecting ordinary wage-earners against redundancy or other harassment which may be traced to their activities concerning health and safety at work. Nevertheless, the Government refers again to sections 25 and 26 of Act No. 46 of 1980.
The Committee notes that section 26 of Act No. 46 of 1980 provides that a worker who is aware of a defect or deficiency which can lead to limited safety must immediately notify the safety representative, the foreman or the employer. In this respect, the Committee refers to its previous analysis of the relevant provisions of the LWEHSW from which it results that articles 26 and 86 of the LWEHSW do not deal with the situation governed by this Article of the Convention. The Government is requested again to indicate the measures taken to ensure that individual workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger are protected from undue consequences.
Article 15. In response to the Committee's previous comments, the Government refers to a situation governed by the Hygiene and Health Inspection Act No. 81/1988 as amended by Act No. 70/1995. The Government is requested to provide a copy of this text with its next report.
Article 16, paragraph 3. The Committee refers to its comments made under Article 8 of the present direct request where the Government is requested to supply a copy of the regulations, issued by the Ministry of Social Affairs, to ensure, in this case, that employers provide the necessary protective clothing and equipment for workers.
Article 18. In response to the Committee's previous comments concerning legislative or other provisions which ensure that employers are required to provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements, the Government refers to article 14 of the LWEHSW which deals with the employers' duties with respect to workers in a normal situation (to inform the employees of all dangers of accidents and health hazards which may be associated with their work; to ensure that the employees receive instruction and training in order to minimize dangers associated with their jobs). The Committee ventures to recall that this Article of the Convention deals with emergency situations and requests the Government to indicate provisions whereby employers are required to take the action called for in this Article.
The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide additional information on the following points:
Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that periodic determination of carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control is provided for under Act No. 46 of 1980, on working environment, health and safety in the workplace, and the Regulations on Threshold Limit Values and Methods for Reduction of Pollution in the Work Environment ("Regulations on Threshold Limit Values"), in force since 1 January 1990. These Regulations classify various carcinogens into Groups A, B and C. Substances in Group A can only be used upon issuance of an exemption by the Administration of Occupational Safety and Health (AOSH)(sections 4.2 and 4.3 of the Regulations). Substances in Group B can be used if the AOSH has deemed that sufficient precautions have been taken (section 4.4 of the Regulations). Substances in Group C can be used if concentrations are kept under the prescribed threshold limit values (section 4.6 of the Regulations). The Committee notes that asbestos is included in Group C, despite the existence of the Regulations (74/1983) prohibiting the importation and use of asbestos. The Committee requests the Government to clarify whether these Regulations concerning asbestos (74/1983) are still in force in light of the adoption of the Regulations on Threshold Limit Values, which permit the use of asbestos if concentrations are kept under specific limits.
The Committee also notes that the Government's report does not indicate whether the periodic determination of carcinogenic substances and agents to which occupational exposure is prohibited or controlled is carried out on the basis of the latest information available. The Committee therefore requests the Government to indicate the information upon which such periodic determination is based.
Article 2, paragraph 1, of the Convention. The Committee notes that sections 4.3 and 4.4 of the Regulations on Threshold Limit Values provide, respectively, that an exemption for permission granted to use materials and products under Groups A and B may be withdrawn if it is possible to use other less-dangerous materials or products. The Committee notes, however, that there seem to be no specific provisions to encourage or require employers to replace carcinogens under Groups A and B with non-carcinogenic or less-harmful substitute products. It therefore requests the Government to provide information on any efforts made to ensure that the carcinogens classified under Groups A and B are indeed replaced by such products.
Point III of the report form. The Committee requests the Government to provide in its next report the text of any judicial decisions concerning the application of the provisions of the Convention.
Point IV of the report form. The Committee requests the Government to provide in its next report general information on the way in which the Convention is applied in practice, including extracts from inspection reports, and any statistics available on the number of workers covered by the relevant legislation, the number and nature of infractions reported and the number and cause of cases of disease.
The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further information on the following points:
Article 1, paragraph 3, of the Convention. The Committee notes that the Law concerning Working Environment, Health and Safety in the Workplace No. 46 of 1980 excludes certain branches of economic activity, such as air traffic, maritime fishing and shipping and diving. The Government indicates that these activities have been excluded from the Convention and appropriate measures are taken to protect workers under other legislation specific to these activities (the Directorate of Shipping Law No. 51/1970 and Law No. 12/1976). The Government is requested to indicate in subsequent reports any progress made towards wider application of the Convention to these excluded branches of activity.
Article 5(e). The Committee notes from the Government's report that workers' representatives are protected from disciplinary measures as a result of actions properly taken by them under the occupational safety and health policy by virtue of section 9 of Law No. 46, 1980, and section 11 of Law No. 80/1938. The Government is requested to indicate the manner in which workers who do not have any representative status are protected from disciplinary measures in this respect.
Article 8. The Government is requested to supply information on any regulations which might be issued under Law No. 46 either by the Administration of Occupational Safety and Health (AOSH) Board, under sections 7, 34, 38, 40 and 43 or by the Minister of Labour under sections 73 and 81.
Article 11. (a) The Committee notes that section 38 provides that the AOSH Board shall issue more detailed instructions concerning work methods, workplaces, production processes, etc. Under section 93, the AOSH receives applications from all enterprises which are to commence operations or change them and is to determine whether they are in conformity with the law. The Government is requested to indicate, in its next report, whether any instructions have been issued concerning the determination of conditions governing design, construction and layout of undertakings.
(b) The Committee notes that under section 51 of Law No. 46, the AOSH may prohibit the production, transportation and use of dangerous substances and goods. The Government is requested to indicate whether any work processes, substances or agents have been prohibited, limited or subject to authorization or control.
(c) The Committee notes that, under section 81 of Law No. 46, employers are to report occupational diseases and accidents to the chief of police or to the AOSH within 24 hours. The Government is requested to indicate the measures taken to ensure that annual statistics concerning occupational accidents and diseases are published.
(e) The Government is requested to indicate the measures taken to ensure the publication of information on the measures taken in pursuance of the policy on occupational safety and health and on occupational accidents and diseases.
Article 13. The Government has indicated in its report that section 26 of Law No. 46 provides that a worker who is aware of a defect or deficiency which can lead to limited safety must immediately notify the safety representative, foreman or employer. Once the incident has been reported, it is the duty of the safety representative to halt the operation or remove the workers if it is indeed exposing them to a serious danger. Furthermore, workers who remove themselves upon the instruction of the safety representative are not responsible for any kind of damage which may have occurred. The Government is requested to indicate the measures taken to ensure that individual workers (even if they have not been able to notify a foreman or safety representative) who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger are protected from undue consequences.
Article 14. The Committee notes the indication in the Government's report that various methods are used to ensure education and training at technical and professional levels of education. The Government is requested to indicate the methods used.
Article 15. The Committee notes that Chapter XII of Law No. 46 sets forth the duties and provides for coordination among the various authorities. Section 89 provides that the Minister shall issue instructions concerning the cooperation of the AOSH and other public institutions. The Government is requested to provide information on any instructions issued in this regard.
Article 16, paragraph 3. The Committee notes that section 38(d) provides that the AOSH Board shall issue instructions about the design and use of protective equipment. The Government is requested to indicate the measures taken to ensure that employers provide the necessary protective clothing and equipment for workers.
Article 18. The Government is requested to indicate the provisions which ensure that employers are required to provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements.