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The Committee welcomes the Government’s comprehensive report including information regarding 45 new pieces of legislation giving further effect to the Convention. The Committee notes, in particular, Regulations PI 530/2007 and PI 531/2007 specifying the requirements on the notification of occupational diseases as well as accidents and dangerous occurrences, paving the way for a future ratification of the Protocol of 2002 of this Convention. The Government is requested to provide information on any progress made in this respect.
The Committee notes with interest the information provided in relation to the application of Article 4, National policy, including the adoption of the 2007–12 national policy of Cyprus for and a specific target to reduce the rate of accidents by 25 per cent during the reference period, the target on construction safety including the signature of a Common Policy Declaration for the Construction Sector on 11 September 2009; Article 10, Guidance on legal obligations, including the results of the project “Technical assistance for the improvement of the capacity of the Cyprus competent authority, the social partners and the employees of the construction industry, extractive industry, and dockworkers on safety and health at work issues” which included preparation of good practice guides as well as the training of 2,000 persons from the private and public sectors; and Article 14, Education and training, including the introduction of safety and health at work issues in the analytical programme at all levels of the public education system, i.e. the pre-elementary, elementary, gymnasium, secondary and technical education.
Article 1(2) of the Convention. Scope of application – fishing and armed forces. With reference to its previous comments, the Committee notes from the Government’s response that the Safety and Health at Work Law applies to uniformed members of the armed forces with the exception of certain activities, mainly armed conflicts and military situations, such as military exercises, and that the armed forces services apply an internal occupational safety and health system and specific procedures managing occupational risks involved in their activities. Furthermore, the Committee notes from the Government’s report that following discussions and cooperation with the Ministry of Defence and the Department of Labour Inspection in the context of the review of the Safety and Health at Work Law, the aforesaid exception will be amended. The Committee requests the Government to provide a copy of the legislation once it has been adopted.
Article 2(2). Scope of the application – domestic workers. The Committee notes that the Government is currently in the process of amending the Safety and Health at Work Law so as to provide protection for domestic workers, and include provisions regulating the entrance of inspectors into private dwellings. The Committee asks the Government to keep it informed of any decisions taken in this regard and to submit a copy of the amended legislation once it has been adopted.
Part V of the report form. Application in practice. The Committee welcomes the information contained in the inspection reports for the years 2004–08 made available to the Committee including information, inter alia, that the number of occupational accidents notified in 2004 increased from 2,172 to 2,367 in 2008, that the number of fatal accidents varied between 12 and 18 over the period, and that 37.05 per cent of the notified occupational accidents occurred in construction. The Committee further notes that for male workers the majority of occupational accidents occurred in the construction industry, but for female workers they occurred in the food and beverage service industry. Noting the emphasis placed in the national policy on efforts to address the high level of occupational accidents in the construction industry, the Committee requests the Government to provide information on efforts made to address the problems reported for workers in the food and beverage service industry and to continue to provide up-to-date statistical information with its forthcoming reports.
Article 3 of the Convention. National legislation. The Committee notes the legislation attached to the Government’s latest report, including the Health and Safety at Work (Protection from Asbestos) Regulation of 2006 (P.I 316/2006) which gives effect to Article 3 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken and the general application of the new provisions with regard to the Convention.
Article 21(4). Provision of other means of maintaining income. With reference to its previous comments, the Committee notes from the Government’s response that there are no workers who work exclusively with materials containing asbestos and that workers who are medically unfit to continue working with materials containing asbestos, can be provided alternative work without exposure to such materials. The Committee also notes the information that in exceptional cases, when an employer is unable to provide alternative work, or if the worker is unable to find another job, the worker can receive benefits from the system of social security. The Committee would like to draw the Government’s attention to the fact that this provision in Article 21(4) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to asbestos has been found to be medically inadvisable. The Committee therefore reiterates its request to the Government to indicate the specific measures taken to ensure that the workers concerned are provided with other means of maintaining their income and to provide information on the practical application of this Article.
Part V of the report form. Application in practice. The Committee notes from the Government’s response that 313 inspections have been carried out and that there are less than 200 workers covered by the asbestos legislation. The Committee also notes the information that there were a very limited number of violations, two occupational accidents and 23 cases of mesothelioma of the lung recorded during the period covered by this report. The Committee requests the Government to provide, if possible, extracts from the reports of the inspection services, including information on the resulting action taken following any contraventions or violations and to continue to provide information on how this Convention is applied in practice.
1. The Committee notes with interest the detailed information contained in the Government’s report. In particular, it notes the adoption of the Management of Safety and Health Issues at Work Regulations in 2002 (P.I. 173/2002), which reflect the Guidelines on occupational safety and health management systems (ILO-OSH 2001).
2. Article 1, paragraph 2, of the Convention. Scope of application – fishing and armed forces. The Committee notes with interest the information that the scope of application of the Convention now includes any work on fishing vessels as well as uniformed members of the armed forces on the stated condition that “the intrinsic characteristics of certain activities of the armed forces permit so”. The Committee would be grateful it the Government would provide further details regarding the application in practice of the limited scope of application of the Convention as regards the armed forces.
3. Article 2, paragraph 2. Scope of application – domestic workers. The Committee notes the Government’s indication that domestic servants working in households are excluded from the application of OSH legislation due to practical and legal difficulties in entering and inspecting the workplaces (private dwellings). The Committee hopes that the Government will make efforts to overcome those difficulties to ensure that domestic servants are also provided adequate protection and requests the Government to keep the Committee informed of any progress in this respect.
1. Further to its observation, the Committee requests the Government to provide additional information on the following points.
2. Article 3 of the Convention. National legislation. The Committee notes the Government’s statement that it is currently revising the legislation applicable to asbestos and will in the close future adopt the Asbestos Regulations (the Health and Safety at Work (Protection from Asbestos) Regulations), to be issued under the Health and Safety at Work Law. The Committee hopes that these regulations will be adopted in the close future and that it will fully implement all Articles of the Convention and asks the Government to provide a copy of them, once adopted.
3. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes with concern that in reply to its previous comments on this issue, the Government indicates that no specific measures are provided for cases where the continuation of work involving exposure to asbestos is medically inadvisable in the Asbestos Law and Regulations. The Committee notes, however, that the Government reports that in cases of workers being unable to pursue their work as a result of exposure to other dangerous agents, efforts are made, through consultations with employers’ and the workers’ representatives, to find alternative employment and, if required, workers’ income is maintained through social security. Against this background, the Committee requests the Government to provide additional information on efforts made, consistent with national conditions and practice, to ensure that workers declared medically unfit due to exposure to asbestos are provided with alternative employment or with other means to maintain their income.
4. Part V of the report form. Practical application of the Convention. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.
1. The Committee notes the information contained in the Government’s report and the attached legislation. With reference to its previous comments, the Committee notes with satisfaction that the previously mentioned proposed amendments to the Asbestos (Safety and Health at Work) Law (No. 47 of 2000) have been adopted, ensuring application of Articles 12, 15(4), 17(3), 20(1) and (2) and 20(3) and (4) of the Convention.
2. The Committee is raising certain other points in a request addressed directly to the Government.
The Committee notes the Government’s report as well as the information supplied by the Government in response to its comments. The Committee notes with interest the legislative amendments introduced in 2000 to the Asbestos Act, specifying additional substances that come under the definition of asbestos and thus extending its scope of application.
It further notes the Government’s indication that legislative action will be taken to amend the Asbestos Regulations of 1993. The draft of the new Regulations has been approved by the Labour Advisory Board and will be soon submitted to the Legal Service for vetting. The amendments to the Asbestos Regulations will address the comments the Committee has made on the application of Article 12 (interdiction of all forms of asbestos), Article 15, paragraph 4 (provision of adequate respiratory protective equipment and special protective clothing to workers only as a supplementary measure when hazards cannot be otherwise prevented or controlled), Article 17, paragraph 3 (elaboration of plans on protective measures before starting demolition work of plants or structures containing friable asbestos insulation materials), Article 20, paragraphs 1 and 2 (method of measurement of the concentration of asbestos in the air of workplaces, and the period during which the records on the monitoring of the working environment and of the exposure of asbestos of workers), and Article 20, paragraphs 3 and 4, of the Convention (workers’ right of access to the records on the monitoring of the working environment and of their exposure to asbestos, and their right to request the monitoring of the environment, including the right to appeal to the competent authority concerning the results of the monitoring). Taking due note of this information, the Committee hopes that the draft amendments to the Asbestos Regulations, 1993, will be adopted in the near future to optimize the protection of workers in relation to asbestos. It requests the Government to supply a copy of the above Regulations once they are adopted.
In addition, and further to its previous comments, the Committee would draw the Government’s attention on the following points.
Article 3, paragraph 4, of the Convention. The Committee notes the Government’s indication that since 1995, the year when the enabling Asbestos (Safety and Health of Persons at Work) Law, 1993, No. 23(I), and its implementing Regulations on asbestos came into force, no derogations from this legislation have been granted. The Committee thus would conclude from the Government’s indication that in practice the grant of derogations to the asbestos legislation is not envisaged. It nevertheless requests the Government to indicate the measures that would be taken in the event the competent authority would grant derogations from the provisions to the Asbestos Law and its related Regulations in the future.
Article 6, paragraph 3. With regard to the establishment of procedures for dealing with emergency procedures to be prepared by employers in cooperation with the occupational safety and health services, and after consultations with the workers’ representatives concerned, the Government indicates that this issue will be addressed in the framework of amendments that will be introduced to the Safety and Health at Work Law, 1996, and the special implementing Regulations issued thereunder. The Committee requests the Government to indicate whether the revision work has already started, and, if that is not the case, the Government is asked to indicate the measures envisaged to accomplish the intended legislative amendments.
Article 11, paragraph 2. The Committee notes the provision of Regulation 22 of the Asbestos Regulations, according to which crocidolite (blue asbestos), even though its use is prohibited in certain manufacturing processes, may nevertheless be used on the basis of an authorization to be granted by the Minister. The Government indicates that this authorization is restricted in so far as the grant of a permit for the use of crocidolite is never unrestricted, but imposes conditions aiming to ensure, among others, the protection of workers. The Committee requests the Government to specify the above conditions, whose respect is compulsory for the use of crocidolite, by giving examples which would illustrate the content of such permits to enable the Committee to appreciate the level of protection that is provided to workers when authorizing the use of crocidolite.
Article 18, paragraph 2. The Committee notes again the provision of Regulation 10, paragraph 3, in conjunction with Regulation 17, paragraph 3, of the Asbestos Regulations prescribing that protective clothing, supplied to workers exposed to asbestos, must be cleaned at the premises where the work is undertaken or in a properly equipped laundry. Moreover, the asbestos-contaminated clothing removed from the workplace for subsequent cleaning purposes, further use or for disposal as waste must be stored in a suitable container labelled according to the provisions of Schedule 2 to the Asbestos Regulations concerning products containing asbestos. The Committee observes that the provisions to which the Government refers deal with the places where the cleaning of asbestos-contaminated clothing and protective equipment has to be carried out, whereas Article 18, paragraph 2, of the Convention regulates the conditions under which the cleaning of used work clothing or special protective clothing must be carried out to prevent the release of asbestos dust. The Committee accordingly asks the Government to indicate the measures taken to ensure that the handling and cleaning of work clothes are carried out under controlled conditions to prevent the release of the asbestos dust.
Article 18, paragraph 3. The Committee notes the provisions of Regulation 10, paragraph 3, of the Asbestos Regulations providing for the cleaning of protective clothing at the premises where the work is undertaken or in a properly equipped laundry, and of Regulation 9, paragraph 1, of the Asbestos Regulations requiring the employer to provide protective equipment, to monitor it, and to make sure that the protective equipment is clean, in good condition and appropriately prepared, which implies, according to the Government’s interpretation, the prohibition for workers to take home protective clothing and other special protective equipment. The Committee, however, believes that the wording of the above provisions does not exclude the possibility for workers to take home work clothing and special protective equipment, particularly since Regulation 9, paragraph 1, of the Asbestos Regulations only specifies the required result, that is the clean and appropriately prepared protective equipment, but not the manner in which this is to be achieved. Recalling the provision of Article 18, paragraph 3, of the Convention, the Committee requests the Government to take the necessary legislative measures to prohibit the taking home of work clothing, special protective clothing and personal protective equipment.
Article 21, paragraph 2. The Committee notes that pursuant to section 5, subsection 4, of the Asbestos Law, the monitoring of workers’ health, carried out by the employer to comply with his obligations under this law, is free of charge for the workers. As concerns the time where the monitoring of workers’ health takes place, the Government indicates that it is a common practice to carry them out during working hours. In view of this fact, the Committee invites the Government to consider the possibility to make the common practice a statutory one, in order to fully apply Article 21, paragraph 2, of the Convention.
Article 21, paragraph 4. The Committee notes the Government’s indication that, neither the Asbestos Law nor the Asbestos Regulations prescribe specific measures to provide workers, whose continued assignment to work involving exposure to asbestos is found to be medically inadvisable, with other means to maintain their income. However, in similar cases related to workers’ exposure to other dangerous agents, consultations have taken place between the employer and the workers’ representatives with the objective to find alternative employment for the worker concerned within the employer’s undertaking. In this process, the Government employment services are also involved. Moreover, the Social Insurance Fund may provide a benefit to a worker who is considered medically unfit to continue work in a specified job. This benefit is granted to supplement the worker’s income in the case that the income the worker draws from the new employment secured to him is less than the income drawn from his previous employment. The Committee considers that the practice described by the Government would apply this Article of the Convention. The Committee nevertheless invites the Government to take the necessary measures to translate this practice into legal provisions, which then would constitute a reliable protective framework for the workers concerned.
The Committee notes with interest the information supplied by the Government in its report. In particular, it notes the adoption of the Declaration of National Policy on Occupational Safety and Health, 1995, and the Safety and Health at Work Law No. 89(1)/96, which came into force on 1 January 1997.
The new legislation replies to the Committee’s previous requests in regard to Article 1, paragraphs 1 and 3; Article 2, paragraph 1; Articles 4, 5, 8, 12, 13 and 19(f); Articles 17 and 19(e) and 20 of the Convention.
The Committee requests the Government to supply information on the following points.
Article 1, paragraph 2, and Article 2, paragraph 2. The Committee notes that the new law excludes from its scope domestic servants, members of the armed forces, workers on seagoing vessels and seagoing fishing vessels. It also notes that all fishing vessels are subject to special regulations, adopted in application of European Directive 93/103/EEC on minimum safety and health conditions for work on board fishing vessels. The Committee hopes that the Government will take the measures needed to ensure adequate protection for the excluded workers and that it will be able to ensure general application of the provisions of the Convention to all branches of economic activity and all workers and will supply information on any progress made to this end.
Article 2, paragraph 3. The Committee notes that section 3(7) of the Safety and Health at Work Law provides the possibility for the Council of Ministers, on grounds of public interest, to exclude through regulations the application of all or some of the provisions of this law, any workplace or any category of persons at work for such period as it deems necessary. The Committee requests the Government to indicate any use it makes of this provision.
Article 4, paragraphs 1 and 2. The Committee notes the provisions of the Declaration of National Policy on Occupational Safety and Health, 1995. It reminds the Government that it must, in consultation with the most representative organizations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The Committee requests the Government to inform the International Labour Office on the results of application of the 1995 Declaration so that it can assess whether this policy prevents accidents and injury to health by minimizing, as far as is possible, the causes of hazards inherent in the working environment.
Article 7. The Committee notes that, according to the Government’s report, review of the occupational safety and health and the working environment legislation is made on a permanent and continuous basis in the light of national and international knowledge and experience. The Government explains that substantial review of existing legislation was effected during preparation of its report with a view to harmonizing Cypriot legislation with European Community acquis communautaires. The Committee requests the Government to keep the International Labour Office informed of any amendments made subsequent to this review process and to supply copies of the relevant texts.
Article 10. The Committee notes the Government’s indication to the effect that, in application of the Safety and Health at Work Law, the labour inspection services have a duty, inter alia, to promote compliance with health and safety legislation and to give advice and supply guidance to employers on how to comply with their legal obligations; however, this law contains no such provisions. The Committee requests the Government to indicate the legal provisions or regulations on the basis of which inspectors have a duty to give encouragement, advice and guidance and, in general, communicate information on any measures adopted to give effect to this Article.
Article 11(b). The Committee notes that the Government’s report refers, on the question of risk assessment, to the adoption of an amendment to the Safety and Health at Work Law in order to incorporate the provisions of article 6 of the European Union Framework Directive on risk assessment. The Committee requests the Government to keep the International Labour Office informed of the adoption of this legislation and to communicate a copy of the text once adopted.
Article 11(f). The Committee notes from the Government’s report that the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers is organized under special regulations adopted in application of the Safety and Health at Work Law. The Committee requests the Government to supply the regulations adopted in application of the Safety and Health at Work Law so that it can asses their conformity with this provision of the Convention.
Article 15, paragraph 2. The Committee notes that in application of section 5 of the Safety and Health at Work Law, the Minister of Labour and Social Insurance may, by a decree published in the Official Journal, constitute the Pan-Cypriot Council on Security and Health which acts as a central body. The Committee requests the Government to supply the text of the Decree issued by the Minister or, if not yet issued, to supply information on impediments to its adoption.
Article 18. The Government indicates in its report that it is going to adopt special regulations to meet the requirements of this Article. It also indicates that it will take into consideration section 8 of the European Union Framework Directive 89/391/EEC regarding acquis communautaires. The Committee requests the Government to supply information on any developments in this matter and to communicate a copy of the texts to the International Labour Office once adopted.
Article 19(b) and (c). The Committee notes that the legal provisions do not cover representatives of workers. It requests the Government to take the necessary measures to ensure that representatives of workers in the enterprise cooperate with the employer in the field of occupational safety and health and are given adequate information on measures taken by the employer to secure occupational safety and health.
Part V of the report form. The Committee notes the annual reports on inspection in factories. The Committee requests the Government to continue to supply similar information with its forthcoming reports as well as information on all the branches covered by the new legislation.
The Committee notes that the Government's report does not reply to its previous comments. The Committee is therefore bound to repeat its previous request which read as follows:
Article 3, paragraph 4, of the Convention. The Committee requests the Government to indicate the specific precautions taken to protect workers' health when the competent authority permits derogations from the provisions of the Asbestos (Safety and Health of Persons at Work) Law 1993, No. 23(1) and the Asbestos (Safety and Health of Persons at Work) Regulations of 1993.
Article 6, paragraph 3. The Committee requests the Government to indicate the measures taken to ensure that employers, in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned, prepare procedures for dealing with emergency situations.
Article 10(a). The Committee notes that section 4 of the Asbestos Law empowers the Council of Ministers to issue regulations prohibiting the use at work of any or all forms of asbestos. The Committee requests the Government to indicate any measures taken or envisaged to provide also for the replacement of asbestos, where necessary to protect the health of workers and where technically practicable, by other products scientifically evaluated as harmless or less harmful, whenever this is possible.
Article 11, paragraph 2. The Committee notes that a permit may be granted for the use of crocidolite in certain manufacturing process and that these exceptions have been discussed with and agreed by the representative organizations of workers and employers. The Committee requests the Government to provide further information on the steps taken to ensure that the health of workers is not placed at risk.
Article 12. The Committee notes that the Government's report states that spraying is prohibited only for crocidolite and that asbestos spraying is not a method practised in Cyprus. The Committee requests the Government to indicate the measures taken or envisaged to ensure that spraying of all forms of asbestos is prohibited.
Article 15, paragraph 4. The Committee requests the Government to provide information on the measures taken to ensure that such equipment is used only as a supplementary, temporary, emergency or exceptional measure and not as an alternative to technical control.
Article 17, paragraph 3. The Committee requests the Government to indicate the manner in which the workers or their representatives are consulted on the work plan specifying the measures to be taken before commencing demolition work.
Article 18, paragraph 2. The Committee notes that Regulation 10 of the Asbestos Regulations provides that the protective clothing given to employees exposed to asbestos, should be cleaned at the premises where work is undertaken or in a properly equipped laundry. The Committee requests the Government to indicate the measures taken to ensure that the handling and cleaning of work clothes are carried out under controlled conditions to prevent the release of asbestos dust.
Article 18, paragraph 3. The Committee requests the Government to indicate the measures taken to ensure that work clothing, special protective clothing and personal protective equipment are not taken home.
Article 18, paragraph 4. The Committee notes that section 5 of the Asbestos Law requires employers to take all necessary measures to ensure the safety of workers. The Committee also notes that pursuant to the Asbestos Regulations (Regulations 10 and 16), workers' protective clothing should be cleaned at the work premises or in a properly equipped laundry and separate storage facilities for the protective clothing and personal clothing not used at work, should be provided. The Committee requests the Government to clarify whether the employer is responsible for the cleaning and maintenance of work clothing, special protective clothing and personal protective equipment.
Article 20, paragraphs 1 and 2. The Committee notes that employers are required to measure the concentration of asbestos in the air and monitor the exposure of workers to asbestos at intervals specified by the Chief Inspector, depending on each case. The Committee further notes that employers are also required to keep records of monitoring or a suitable summary thereof for a period to be prescribed by the Minister of Labour and Social Insurance. The Government's report indicates that the approved method of measurement and the period during which records of monitoring should be kept, will be prescribed in the future. The Committee therefore requests the Government to keep the Office informed of the progress made in this regard.
Article 20, paragraph 3. The Committee requests the Government to provide information on the manner in which workers concerned, their representatives, and the inspection services are provided access to the records of the monitoring of the environment.
Article 20, paragraph 4. The Committee requests the Government to indicate the measures taken to ensure that workers have the right to request monitoring of the environment and to appeal to the competent authority concerning the results of the monitoring.
Article 21, paragraph 2. The Committee requests the Government to indicate the measures taken to ensure that the monitoring of workers' health in connection with the use of asbestos shall not result in any loss of earnings for them and shall be free of charge and shall take place, as far as possible, during working hours.
Article 21, paragraph 4. The Committee requests the Government to indicate the efforts made to provide workers concerned with other means of maintaining their income, since continued assignment to work involving exposure to asbestos is medically inadvisable.
The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further clarification on the following points:
Article 21, paragraph 4. The Committee requests the Government to indicate the efforts made to provide workers concerned with other means of maintaining their income in the event that continued assignment to work involving exposure to asbestos is medically inadvisable.
The Committee notes with interest the information provided in the Government's first and second reports. It requests the Government to provide further clarification on the following points:
1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that ILO technical assistance has been received with a view to drafting a wide-scope occupational safety and health law which would apply not only to factories, as is the case with the present legislation, but also to wholesale, retail trade, restaurants and hotels; transport, storage and communications; community, social and personal services; and the self-employed. The Government is requested to indicate in its next report, the progress made towards the adoption of the new legislation and to provide a copy of the text as soon as it is available.
2. Article 1, paragraph 3. The Committee notes from the Government's report that fishing and maritime shipping have been excluded from the application of the Convention due to the specific nature of their operations and that maritime shipping is covered by special legislation implemented by the Department of Merchant Shipping of the Ministry of Communications and Works. The Government is requested to indicate the measures taken to give adequate protection to workers in the fishing industry and to continue to provide information on any progress made towards wider application of the Convention with respect to these two excluded branches of economic activity, in accordance with paragraph 3 of this Article.
3. Article 2, paragraphs 1, 2 and 3. The Committee notes the Government's indication that domestic servants and members of the armed service are excluded from the application of the Convention. The Government is requested to indicate, in its next report, the reasons for excluding these categories of workers and to keep the Office informed of any progress made in the future towards wider application of the Convention with respect to these categories of workers.
4. Articles 4, 5 and 8. The Committee notes the indication in the Government's report that the Ministry of Labour and Social Insurance has prepared a draft Declaration concerning the National Policy for Occupational Safety and Health which is to serve as a basic Code for the Government and the social partners. The Government is requested to indicate the progress made in the adoption of this Declaration and provide a copy of the text as soon as it is available.
5. Article 12. The Committee notes that section 29 of the Factories Law as amended in 1989 provides that anyone who sells, leases or transfers machinery must ensure its safety and provide information concerning its proper installation and use. It further notes the indication in the Government's report that provisions have been drafted in the proposed legislation to cover similar responsibilities with respect to substances. The Committee hopes that the new legislation will ensure that, not only sellers and lessors, but also designers, manufacturers, and importers of machinery, equipment or substances are responsible for: ensuring that the machinery, equipment and substances do not entail dangers for the safety and health of those using them correctly; making information available concerning their correct installation and use; and keeping abreast of scientific and technical knowledge in this regard. The Government is requested to provide a copy of the relevant legislation as soon as it has been adopted.
6. Articles 13 and 19(f). The Committee notes the Government's indication that workers who remove themselves from imminent and serious danger would be protected from dismissal by the Industrial Disputes Court which would take this provision of the Convention into account in its judgement. The Government has also indicated that measures to ensure a worker reports any situation of imminent and serious danger to his or her immediate supervisor and that the employer cannot require workers to return to such a work situation until the necessary remedial action is taken, shall be taken into account in the proposed legislation. The Government is requested to keep the Office informed of the progress made in including these measures in the new legislation and to indicate the measures taken or envisaged to ensure that workers are protected from any undue consequences, including penalties other than dismissal, resulting from their decision to remove themselves from imminent and serious danger. The Government is also requested to provide any Industrial Court Judgements issued concerning the workers' right to remove themselves from imminent and serious dangers.
7. Article 15. The Committee notes the indication in the Government's report that, within the framework of the technical assistance provided by the ILO, the establishment of a unified inspectorate between the Ministry of Labour and the Ministry of Commerce and Industry was recommended in order to ensure closer collaboration. The Government is requested to keep the Office informed of any progress made in this regard.
8. Article 17. The Government has indicated in its report that the Building and Works of Engineering Construction (Safety, Health and Welfare) Regulations provides for cooperation among the main contractors and subcontractors, but that this Article of the Convention will be more adequately applied to all enterprises in the proposed legislation. The Government is requested to indicate the measures taken or envisaged to ensure collaboration among all undertakings working at one workplace.
9. Articles 19(e) and 20. The Committee notes that the Safety Committees at Places of Work Regulations only apply to certain sectors of economic activity and that section 3(4)(c) provides that any person employed at the enterprise may be elected a safety representative "provided he has worked at such establishment or a similar establishment for a period in excess of two years". The Committee further notes from the Government's latest report that two Ministerial Orders were issued in 1992 to extend the scope of the Regulations to cover two more industries and that it is intended to gradually move towards covering all branches of economic activity. The Government is requested to indicate the manner in which it is ensured that workers or their representatives are enabled to inquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work, and that management and workers and/or their representatives cooperate within the undertaking in enterprises where there may be no safety representatives because the two-year requirement of section 3(4)(c) cannot be met or in those sectors not covered by the Safety Committees' Regulations.