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The Committee notes, as indicated in the Government’s report on the Safety and Health in Construction Convention, 1988 (No. 167), the information provided on recent amendments to Chapter 3, sections 6 and 7, of the Work Environment Act, with regard to two or more employers undertaking activities simultaneously at one workplace, giving full effect to Article 6(2) of the Convention. The Committee also notes the clarification provided indicating that the Swedish Work Environment Authority is the competent authority referred to in Article 12. The Committee asks the Government to continue to provide information on legislative measures taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.
Article 11, paragraphs 1 and 2. Medical examinations. The Committee notes that in accordance with sections 16–18 of the Swedish Work Environment Authority’s regulation on noise (AFS 2005:16), employees exposed to noise shall be offered hearing examinations if they are exposed to noise which equals or exceeds any of the lower or upper limit values, or have been exposed to the same situation as another employee who has been shown to have hearing damage from noise exposure at the workplace and that, according to sections 12 and 13 of the regulation on vibrations (AFS 2005:15), employees shall be offered a medical examination if they are exposed to vibrations exceeding the limit values; if the exposure is such that there are reasons to suspect that harmful effects on health can occur; or if they have been exposed to the same situation as another employee who has been shown to have signs of vibration injury. The Committee asks the Government to provide further information on the application of the abovementioned regulations on medical examinations in practice for exposure to noise and vibrations, i.e. the number of workers that are effectively offered medical examinations free of charge.
Article 11, paragraphs 3 and 4. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the Government’s response indicating that, with respect to noise, an employer shall consider the possibility of assigning a worker with hearing damage, which a doctor or specialist judges likely to have resulted from noise exposure at the workplace, to alternative work where there is no risk of further exposure, and that, with respect to vibration, there is no requirement on the employer but a recommendation that it is not appropriate for an employee to continue with work entailing vibration if serious vibration damage is suspected or established. The Committee notes that the Government has not provided information on measures taken or envisaged to ensure the rights of transferred workers under social security or social insurance legislation are not adversely affected. The Committee asks the Government to provide further information on the effect given to Article 11(3) and (4) of the Convention in national law and practice with respect to air pollution, noise and vibration.
Part IV of the report form. Labour inspection. The Committee notes that in response to the Committee’s query regarding the application of the Convention in practice, the Government refers to the 2005 Swedish Work Environment Authority noise campaign, which involved the inspection – based on the new regulation on noise (AFS 2005:16) – of 1,828 enterprises, mainly within the manufacturing industry, during one week. The Committee notes that these inspections resulted in 5,824 stipulations to 1,292 enterprises. The Committee requests the Government to provide further information on the problems identified during this campaign focusing on noise, and measures taken to address these problems. The Committee also requests the Government to continue to provide information on the application of the Convention in practice, including information on the number of workers covered by the legislation disaggregated by gender, if available, and the number and nature of contraventions reported.
1. The Committee notes the information contained in the Government’s report and the attached legislation.
2. Article 4 of the Convention. National legislation. The Committee notes with interest the numerous legislative measures undertaken and notes with respect to air pollution the adoption of the Provisions on occupational exposure limit values and measures against air contaminants (AFS 2005:17). It also notes the adoption of the Provisions on microbiological risks in the working environment: infections, toxic effects and hyper sensitivity (AFS 2005:1). The Committee also refers to its comments of this year under the Occupational Cancer Convention, 1974 (No. 139). With respect to noise and vibration at the workplace, the Committee notes with interest the adoption of the Provisions on noise (AFS 2005:16) and Provisions on vibrations (AFS 2005:15) providing exposure limits for noise and vibration. It further notes the Government’s statement that exposure limits are regularly revised in the light of current national and international knowledge. It also notes that regulations have been issued concerning personal protective equipment (AFS 2001:3) and notes the Government’s statement that with respect to air pollution, preventive measures shall always be taken to ensure that these exposure limits are not exceeded and if that is not possible, the protective equipment shall be used as a last resort. The Committee asks the Government to continue to provide information on measures taken to supplement and revise the exposure limits for air pollution, noise and vibration in the working environment.
3. Article 6, paragraph 2. Two or more employers undertaking activities simultaneously at one workplace. The Committee requests the Government to provide additional information in its next report on measures taken to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they have the duty to collaborate in order to apply measures adopted with respect to air pollution, noise and vibration at the workplace.
4. Article 11, paragraphs 1 and 2. Medical examinations. The Committee notes that AFS 2005:17, AFS 2005:16, AFS 2005:15 and Provisions on medical examinations in working life (AFS 2005:6) provide that medical examinations are free of cost to the worker concerned. However, the Committee notes that section 16 of AFS 2005:16 and section 12 of AFS 2005:15 provide that employers shall offer medical examinations when there are reasons to believe that harmful effects to health may occur from noise and vibrations. The Committee recalls that the competent authority should determine the conditions and circumstances under which such supervision is to be provided under the Convention and that supervision is also to include a pre-assignment medical examination and periodical examinations thereafter. The Committee requests the Government to provide information in its next report on which body constitutes the competent authority and to indicate particulars of the circumstances determined by the competent authority in which supervision of the health of workers required in order to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution, noise and vibration are provided with pre-assignment and periodical examinations thereafter, free of cost to the worker concerned.
5. Article 11, paragraphs 3 and 4. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes that the Government does not provide any information in this respect and therefore requests the Government to provide detailed information in its next report on measures taken to ensure alternative employment for workers who, for health reasons, are required to discontinue work with air pollution, noise or vibration, or measures taken or envisaged to enable them to maintain their income otherwise through social security.
6. Article 12. Competent authority. The Committee notes the Government’s statement that the responsible authority for noise is the Swedish Environmental Protection Agency and that the National Board of Occupational Safety and Health (Arbetsmiljöverket) has been renamed “the Work Environment Authority”. The Committee asks the Government to provide additional information in its next report on any measures taken or envisaged by the authorities in relation to air pollution, noise and vibration in the working environment.
7. Article 16 and Part IV of the report form. Labour inspection. The Committee requests the Government to provide in its next report extracts from labour inspection services reports, statistics on the number of workers covered by the legislation disaggregated by gender, if available, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.
The Committee takes note of the legislation appended to the Government’s report which had been requested in the Committee’s previous comments, namely Ventilation and Air Quality (AFS 1993:5), Measures Against Air Contaminations for the Prevention of Ill-Health (AFS 1993:7), and Occupational Exposure Limit Values (AFS 1996:2). The Committee notes that the above texts have not yet been translated into English. The Committee will therefore examine these texts once the English version is available.
The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice in the country, providing, for instance, extracts from reports of the authority or authorities responsible for the application of the Convention (Part IV of the report form).
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 has taken note with interest of the detailed information supplied by the Government in its report, including the reply to the previous direct requests. The Committee would appreciate it if copies of Ordinance AFS 1993:5 on Ventilation and Air Quality, Ordinance AFS 1993:7 on Measures against Air Contaminants (Amendment to Ordinance AFS 1980:11), and Ordinance AFS 1993:9 on Occupational Exposure Limit Values would be supplied with the next report.
The Committee notes with interest that the National Board of Occupational Safety and Health has issued Ordinance AFS 1986:15 on Noise. The Government is requested to provide further information on the following points:
Article 8 of the Convention. In its report for 1986, the Government indicated that the regulations of the National Administration of Shipping and Navigation concerning hygienic limit values were based on the Directions issued by the National Board of Occupational Safety and Health. The Government further stated that, as these Directions have been replaced by a new Ordinance on Hygienic Limit Values (AFS 1984:5), the National Administration of Shipping and Navigation regulations were being revised so as accurately to reflect the provisions of the new Ordinance. In its latest report, the Government has indicated that the Ordinance on Hygienic Limit Values has again been revised by Ordinances AFS 1987:12 and AFS 1989:4 on Occupational Exposure Limit Values. The Government is requested to indicate whether the provisions of these new Ordinances have been reflected in the National Administration of Shipping and Navigation regulations and, if so, to supply a copy of the new regulations. The Government is also requested to supply copies of Ordinance AFS 1987:12 and Ordinance AFS 1989:4 in its next report.
The Committee notes that the General Recommendations concerning the application of Ordinance AFS 1986:7 on vibrations from hand-held machines does not provide for any exposure limits to be set. The Committee would recall that Chapter 6 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment states that vibration limits should be set and reviewed from time to time in the light of new scientific knowledge, technical progress and possibilities of prevention. In this regard, the Government is referred to the ISO Standards for Mechanical Vibration - Guidelines for the Measurement and the Assessment of Human Exposure to Hand-Transmitted Vibration (ISO No. 5349 of 1986). The Government is requested to indicate the measures taken or envisaged to specify exposure limits concerning vibrations.
Article 12. The Committee has noted that Ordinance AFS 1986:7 does not contain provisions specifying the processes, substances, machinery and equipment involving exposure of workers to vibration which must be notified to the competent authority. The Government is requested to indicate the measures taken or envisaged to specify the processes, substances, machinery and equipment involving exposure to vibrations, the use of which shall be notified to the competent authority.